Laybuy Card Terms and Conditions

Last Update: Updated 30 January 2024

Terms apply to Cards issued prior to the 1st of January 2024 (please scroll down for terms that apply to cards issued after 1st January 2024)

LAYBUY CARD – Terms and Conditions

These terms and conditions (T&Cs) apply to your Laybuy, digital Mastercard® Card (Laybuy Card) and its use. The Laybuy Card is issued to Laybuy Holdings (UK) Limited (Laybuy), not you personally. Laybuy authorises you to use the Laybuy Card solely in accordance with these T&Cs.

Your Laybuy Card is issued to Laybuy by EML Money DAC (Issuer), whose principal office is at Second Floor, La Vallee House, Upper Dargle Road, Bray, County Wicklow A98 W2H9, Ireland (authorised by the Central Bank of Ireland under S.I. 83/2011 - European Communities (Electronic Money) Regulations 2011 (Register ref: C95957)), under a license from Mastercard International Incorporated. The Issuer has authorised Laybuy to authorise you to use your Laybuy Card in accordance with these T&Cs.

In these T&Cs “you” and “your” means you, the person authorised by Laybuy to access your Laybuy buy-now-pay-later account (Laybuy BNPL Account) and make purchases from retailers approved by Laybuy (Approved Merchants) using the Laybuy Card. “We”, “us” or “our” means Laybuy Holdings (UK) Limited. “Wallet” means your Apple Pay and/or Google Pay wallets(s), as applicable, on your compatible device(s). Apple Pay is a trademark of Apple Inc.

Your Laybuy Card

Using the Laybuy Card indicates your agreement with these T&Cs. Your Laybuy Card is linked to your Laybuy BNPL Account and is subject to the indicative purchase limit of your Laybuy BNPL Account. You may use your Laybuy Card solely to make purchases from Approved Merchants. The terms and conditions applicable to your Laybuy BNPL Account apply to Laybuy Card transactions and to your use of and access to Laybuy's payment platform (Platform). These terms and conditions are located here https://www.laybuy.com/uk/consumer-terms (BNPL Terms). You can only use your Laybuy Card to make purchases via the Platform. Like other payment cards, we cannot guarantee a retailer will accept your Laybuy Card. Any purchase made via your Laybuy Card will not be deemed a “buy-now-pay-later” purchase if:

• the purchase is for £6 or less (or another minimum implemented by Laybuy from time to time); or
• Laybuy permits the purchase at a merchant that is not an Approved Merchant. In these circumstances, the value of your purchase will be immediately debited in full from the account that you have nominated (in accordance with the BNPL Terms) to charge all amounts owing to Laybuy in connection with any product or service you purchase using your Laybuy Card (Nominated Payment Method).

Your Laybuy Card is not a credit card and is not connected to your bank account. You will not earn any interest on any funds spent using your Laybuy Card. Your Laybuy Card is a virtual card intended for use through the Wallet to access your Laybuy BNPL Account. although Laybuy may offer alternative ways to use your Laybuy Card in the future (an “Alternative Method”). There is no physical plastic card.

You acknowledge and agree that the Issuer (EML) shall have no liability to you whatsoever for any issue related to your Laybuy Card, including for any amounts you may owe to Laybuy whether accruing in connection with your use of the Laybuy Card or otherwise.

Spending via your Laybuy Card

If Laybuy approves a purchase on your Laybuy Card, Laybuy will load your Laybuy Card to pay the applicable amount to the relevant merchant on your behalf in accordance with the above. We reserve the right to refuse to accept any particular spending transaction. Your Laybuy Card may only be used to purchase goods or services in Pound Sterling (GBP). We may ask you to stop using your Laybuy Card, to return it to us or delete it. We may at any time suspend, restrict, or cancel your Laybuy Card or refuse to issue or replace a Laybuy Card, including for reasons relating to:

• the security of your account or Laybuy Card(s) we have issued to you;
• any suspicion we have that your Laybuy BNPL Account is being used in an unauthorised or fraudulent manner; or
• compliance with applicable law.

If we do this, we will tell you as soon as we can if we are permitted to do so. We may also refuse to pay a transaction:

• if we are concerned about the security of your Laybuy Card;
• if we have reasonable grounds to believe that you are acting in breach of these T&Cs or the BNPL Terms;
• if your BNPL Account is suspended by Laybuy;
• if we believe that the use of your Laybuy Card is unauthorised or potentially suspicious, fraudulent or illegal; or
• because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.

If we refuse to pay a transaction, we will immediately tell you why, if practicable, unless it would be unlawful for us to do so. You may correct any information we hold that may have caused us to refuse a transaction by contacting customer services.

Authorising Transactions

Subject to the features of the particular Laybuy Card, the authorisation of a transaction can include authorising any single transaction, or pre-authorising future transactions of a certain or uncertain amount (including using pre-authorised transaction windows or other methods of authorisation).

A Laybuy Card transaction will be regarded as authorised when you authorise the transaction at the point of sale by following the instructions provided by the merchant or retailer, by making a contactless payment using your Wallet or an Alternative Method, and when we authorise the transactions in accordance with the BNPL Terms. Authorisation for a transaction may not be withdrawn (or revoked) by you after the time it is received by the merchant.

Expiry, suspension and cancellation of your Laybuy Card

We allow you to use your Laybuy Card at our discretion and we may suspend or terminate your authorisation to use your Laybuy Card as we see fit. The Laybuy Card will expire thirty-six (36) months after activation (Expiry Date). After the Expiry Date, you cannot use the Laybuy Card.

We may also cancel these T&Cs or suspend your Laybuy Card or your Laybuy BNPL Account immediately if we believe your Laybuy Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. If your Laybuy Card is cancelled, we will immediately block your Laybuy Card so it cannot be used.

You will not be entitled to a refund of money you have already spent on authorised transactions or pending transactions for use of the Laybuy Card before the Laybuy Card is cancelled or expires.

You can cancel your Laybuy Card by contacting customer services at [email protected]. Your Laybuy Card will have no positive balance to redeem at any time because funding is provided by Laybuy only upon authorisation of transactions and only in amounts sufficient to fund such transactions.

Keeping your Laybuy Card secure

You should treat your Laybuy Card like cash. If the device that holds the Wallet your Laybuy Card has been added to, is lost or stolen, and transactions are authorised before you notify us in accordance with section 6 below, you may be liable for transactions made on your Laybuy Card prior to such notification. As a result, you must keep your device and Wallet safe and not let anyone else use your Laybuy Card.

• lost or stolen Laybuy Card and unauthorised or incorrectly executed payments

You must tell customer services without undue delay if you know or suspect that a Laybuy Card or the device that holds the Wallet your Laybuy Card has been added to, is lost or stolen or if you think a transaction has been incorrectly executed.

We will refund any incorrectly executed transaction unless we have any reason to believe that the incident has been caused by a breach of these T&Cs, a breach of the BNPL Terms, negligence, or we have reasonable grounds to suspect fraudulent or illegal activity. However, if investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or negligently (for example by failing to keep your Laybuy Card, device or Wallet secure), you may be liable for any loss we suffer because of the use of the Laybuy Card.

Refunding Transactions

You may be entitled to claim a refund in relation to transactions where:

• the transactions were not authorised under these T&Cs;
• a refund is available to you under the BNPL Terms; or
• we are responsible for a transaction which was incorrectly executed, and you notified us in accordance with clause 7 above.

A claim for a refund in the circumstances set out above will not be accepted if the amount of the transaction was notified to you at least 4 weeks before the transaction date or if the claim is made more than 8 weeks after being debited from your account. We will arrange an electronic transfer to the payment method on your Laybuy BNPL Account, or a bank account nominated by you if necessary. To enable us to comply with our legal obligations, we may ask you to provide us with certain personal information before we can process your refund request.

Changes to these Terms

We may change these terms at any time by providing you with reasonable notice on the Website. The change will automatically take effect and you will be taken to have accepted the notified change unless you tell us that you do not agree to the change. In that event, we will treat that as a notification that you wish immediately to terminate, and you shall be allowed to do so without any additional charge at any time.

Assignment

We may assign the benefit and burden of these T&Cs to another company at any time. If we do this, your rights will not be affected. You may not assign the benefit or burden of these T&Cs.

Severability

If any part of these T&Cs is, for any reason, held to be illegal, invalid or unenforceable:

• that part is to be read down to the extent necessary to preserve its operation and, if it cannot be read down, it is to be severed; and
• the legality, validity and enforceability of the remainder of these T&Cs shall not be affected thereby and shall remain in full force and effect to the greatest extent permitted by law.

Data Protection

In using your Laybuy Card you agree that we can use your personal information in accordance with our privacy policy. Our privacy policy is here: https://www.laybuy.com/uk/privacy. It includes details of the personal information that we collect, how it will be used, and who we pass it to. In respect of the use of the Platform and your Laybuy BNPL Account, Laybuy’s privacy policy will apply in accordance with the BNPL Terms.

Using your information

We use your information to manage your use of your Pay Provider’s wallet, present you with updates and to display targeted offers and advertising from time to time. Your Pay Provider shares information with us for fraud and identification purposes.

When you register your Laybuy Card to your device, your Pay Provider or its parent company may access and process your information, including information about your transactions. We share some of your information with your Pay Provider or its parent company to display to you in your Pay Provider’s wallet, which your Pay Provider or its parent company uses in an aggregated and de-identified way to help improve your Pay Provider. The use of your personal information by your Pay Provider or its parent company is solely governed by the Pay Provider's privacy policy or that of its parent company which are available online. You should familiarise yourself with these policies as they are not part of Laybuy’s Terms and Conditions.

Governing Law and disputes

These T&Cs are concluded in English. All communications with you will be in English wherever possible. In the event these T&Cs are translated into any language other than English then the English language version shall prevail. These T&Cs and any dispute, proceedings or claim of whatever nature arising out of or relating to these T&Cs (including any non-contractual disputes or claims) shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and the courts of the England and Wales shall have exclusive jurisdiction.

Terms apply to Cards issued after the 1st of January 2024

Authorised User Terms of Use

These Authorised User Terms of Use contain your rights and duties for the use of the “LaybuyCard” ("Card"). Please read these Terms of Use carefully. In these Terms of Use “we”, “us” or “our” means Laybuy Holdings (UK) Limited and “you” and “your” means you, the person authorised by us to access your Laybuy buy-now-pay-later account (“Laybuy BNPL Account”) and make purchases from retailers approved by us (“Approved Merchants”).

By using the Card you confirm that you have read and accepted these Terms of Use and that you are responsible for the use of the Card. These Terms of Use are between you and us You shall not acquire any right, title or interest in any Card except as expressly set out in these Terms of Use. You have been given use of the Card by us as your provider of a 'buy now pay later' product. The Card is issued and operated by AF Payments Limited (the "Issuer") to us and we have authorised you to use the Card. You acknowledge that You are not a customer of the Issuer and all rights and obligations owed by the Issuer are to us alone. The Issuer does not owe any legal liability to you to the fullest extent permitted by law. For any further questions please contact us, on the contact details provided to you. You must comply with any procedures or other instructions regarding the use of the Card as notified to you by us from time to time.

1. The Card

   1. This Card is provided to you in connection with our provision to you of a 'buy now pay later' product (the "BNPL Service").
   2. The Card is linked to your Laybuy BNPL Account and is subject to the indicative purchase limit of your Laybuy BNPL Account. All Cards are virtual. We will not provide you with a physical card. You may make purchases using the Card in Pounds Sterling only.
   3. You are authorised to use the Card solely for the purpose of purchasing goods or services from Approved Merchants as part of our provision to you of the BNPL Service ("Transactions"). Your use of the BNPL Service, access to your Laybuy BNPL Account and all Transactions remain subject to the terms and conditions you agreed to when you opened your Laybuy BNPL Account, located here https://www.laybuy.com/uk/consumer-terms (“Laybuy BNPL Terms”).
   4. Your use of the Card may be prevented where you do not pass any identification and verification checks that may be required by us or the Issuer from time to time as part of any customer due diligence measures. You agree that we may pass any information required for such identification and verification checks to the Issuer in order for the Issuer to meet its legal and regulatory obligations.
   5. Your use of the Card is subject to transaction limits, details of which will be provided to you by us from time to time. Your use of the Card and access to your Laybuy BNPL Account also remains subject to the Laybuy BNPL Terms which set out how and when we agree to provide credit to you. Any extension of credit and the provision to you of the BNPL Service is by us alone and the Issuer will not provide you with credit in any manner whatsoever.
   6. If you breach an important part of these Terms of Use or repeatedly breach any term of these Terms of Use, your use of the Card will be revoked and you will be prevented from completing or making any further Transactions.
   7. A Transaction on the Card will be deemed authorised by you where you, following the instructions provided by a merchant: a. use the Card to initiate a Transaction in accordance with section 1.8 below; b. approve each Transaction when logged into your Laybuy BNPL Account; and c. we approve the Transaction in accordance with the Laybuy BNPL Terms. You can view your Transaction history at any time by logging into your Laybuy BNPL Account.
   8. A Transaction may be authorised by you where you: a. approve a Card purchase made online inside your Laybuy BNPL Account; b. wave a compatible device that has your Card stored in a compatible digital wallet over a card reader;
   9. A Transaction may be rejected in the following circumstances: a. if we or the Issuer suspect that you are using the Card in an unauthorised or fraudulent manner; b. if we or the Issuer suspect that a Transaction will break the law; c. by us in accordance with the Laybuy BNPL Terms; or d. by us if you attempt to make a Transaction at a merchant that is not an Approved Merchant.

2. Refunds

   1. Approved Merchants as part of our provision to you of the BNPL Service ("Transactions"). Your use of the BNPL Service, access to your Laybuy BNPL Account and all Transactions remain subject to the terms and conditions you agreed to when you opened your Laybuy BNPL Account, located here https://www.laybuy.com/uk/consumer-terms (“Laybuy BNPL Terms”).
   2. Any refunds for goods or services purchased by you with the Card may only be returned as a credit to our account with the Issuer. You are not entitled to receive refunds in cash. Neither we nor the Issuer accept any responsibility for the goods or services purchased by you with the Card. All such disputes must be addressed directly with the merchant providing the relevant goods or services. You may have a claim against the merchant if the goods or service are unsatisfactory, not supplied, supplied only in part or do not match the supplier's description. Any issue or dispute must be notified to us within 60 days of the purchase and you will only receive a refund where it is successfully received from the merchant. If you wrongfully make a claim, we will be entitled to charge you a fee for our costs pursuing the claim.

3. Keeping the Card secure and safe

   1. You must keep the Card safe and secure. You must keep any passwords or login credentials related to the Card safe and notify us immediately if you believe their security has been compromised.
   2. You must not: a. allow another person to use security information related to the Card; b. write down password(s) or any security information unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or c. disclose passwords or any security information, including the PIN for the Card, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others.
   3. You must report to us immediately if the Card is lost or stolen or if you have concerns about a Transaction.

4. Card expiry and new Cards

   1. The Card is valid for the period stated on the Card, unless its use is terminated by the Issuer or by us in accordance with these Terms of Use. You will not be able to use the Card once it has expired. The Card may be renewed by the Issuer when it expires so that any Transactions can be effected in accordance with section 1. A fee may apply, which we will disclose to you in advance of the Issuer providing you with a new Card. The Issuer reserves the right to decline to issue a replacement Card.

5. Conditions of use 1. You agree that you are at least 18 years of age, a UK resident and that you possess the legal right and ability to be legally bound by these Terms of Use. 2. You acknowledge that the Issuer owes you no liability in any circumstances. You acknowledge that the Card may only be used by you to make purchases at Approved Merchants, the list of which can be found in our directory which can be consulted at www.laybuy.com/uk/shop-here. 3. You acknowledge that the Card may only be used by you to make purchases at Approved Merchants, the list of which can be found in our directory which can be consulted at www.laybuy.com/uk/shop-here.

6. Termination and suspension

   1. We may terminate these Terms of Use prior to the expiry of the Card in the event that: a. you breach any of the Terms of Use (including any terms found in our privacy policy located at https://www.laybuy.com/uk/privacy (“(the "Privacy Policy") or if we believe you or the Card have been involved in any fraud or dishonesty or in an event of negligence by you; b. you, or we have reason to believe that you are in violation of any law or regulation that is applicable to the use of the Card; c. we have reason to believe that you are in any way involved in fraudulent activity, money laundering, terrorism financing or other criminal activity; d. the Issuer can no longer process Transactions for any legal or security reason or due to the actions of any third party; e. you refuse to co-operate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested; f. we or the Issuer have reason to believe that the Card poses a security, credit, fraud, business or reputational risk to us or the Issuer; g. it is necessary to do so in order to comply with applicable law or regulation or Mastercard rules; h. we or the Issuer are required to do so by any applicable regulatory body; or i. you fail to pay any fees or charges incurred by you.

7. Fees

   1. There are no fees payable by You for using the Card to make Transactions. As detailed in section 4, there may be fees payable for the renewal or issuance of a new Card.

8. Data and Privacy

   1. We may share personal data (as defined under the Data Protection Act 2018 (the "DPA") and the United Kingdom General Data Protection Regulation as defined in section 3(10) and 205(4) of the DPA) with the Issuer for the purposes of the Card, any Transactions effected with the Card and any identification and verification checks required by the Issuer.
   2. In using your Laybuy Card you agree that we can use your personal information in accordance with our Privacy Policy.

9. General

   1. We may modify or amend these Terms of Use or any portion of them at any time. When we do so we will send you any new version by e-mail sixty (60) days prior to the change taking effect. We will take into account your interests when making changes to these Terms of Use and will not make changes with regard to the substantial rights and obligations of the parties under these Terms of Use. You are not obliged to accept any change and you have the right to object to a change within the sixty (60) day period prior the change taking effect.
   2. If you notify us of any objection then your refusal will be taken as your request to cancel your use of the Card. Otherwise, by using the Card after the date of the change, you agree to all such changes.
   3. If any part of these Terms of Use are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
   4. These Terms of Use are governed by English and Welsh law and all parties agree to the non-exclusive jurisdiction of the English and Welsh courts.