Essentials Terms and conditions Card agreement 08-04-2024

Card Agreement – 08/04/2024

This card agreement (hereinafter referred as the “Card Agreement”) is applicable from April 8, 2024, and from that date it cancels and replaces all previous versions with the same purpose that were binding on the Parties. The previous version can be consulted at the following address: https://www.lydia-app.com/en/card-agreement-02-04-2024/.

General provisions

Article 1: Definitions

For the application and interpretation of this Card Agreement, words and expressions beginning with a capital letter shall, notwithstanding any definition thereof in any other document, have the meanings hereinafter assigned to them, whether they occur in the singular or in the plural:

“Acceptor” means merchants and service providers who are members of the Visa payment system and accept the Card as a means of payment.

“Card” has the meaning given to it in article 3 hereof.

“Confidential Code” refers to the four (4) digit code used by the Customer/User to authenticate him/herself when using the Card from an EFTPOS terminal.

“Account Agreement” means the Payment Account Agreement.

“Card Agreement” means this document, which is in connection with the General Terms and Conditions and the Payment Account Agreement.

“CVV” (“Card Verification Code“) refers to the last three (3) digits of the Card Verification Code on the back of the Card.

“ATM” means an automated teller machine.

“Card Details” means the Card number, expiry date and/or CVV. 

“Wallet(s)” means, as the case may be, any account linked to the Payment Account on which the Customer’s funds are stored, as well as any sub-accounts created by the Customer in accordance with the terms and limits set out in the Payment Account Agreement.

“RIB” means a bank statement in the Customer’s name issued by Lydia Solutions.

“EFTPOS terminal” means an electronic payment terminal. 

“User” means a Participant for whom the Customer has requested the issue of a Card linked to a Shared Account.

For all intents and purposes, capitalized terms used in the singular or plural and not defined in this Article shall retain the meaning ascribed to them in the General Terms and Conditions and the Payment Account Agreement, bearing in mind that in the event of any contradiction between the terms defined in the General Terms and Conditions, the Payment Account Agreement and this Card Agreement, the terms of the latter shall prevail.

The French version of these rules prevails over the English version.

Article 2: Purpose

The purpose of this Card Agreement is to define the terms and conditions for issuing and using the Card(s) linked to the Customer’s Payment Account, including in the case of a Shared Account. 

The Card Agreement forms an integral part of the Account Agreement. As such, all the provisions of the Account Agreement and those of the Pricing and Limits Annex apply to this Card Agreement. 

Article 3: Characteristics of the Card

The Card is an international Visa payment card with systematic balance enquiry and immediate debit, which means that (i) the amount of each transaction carried out using the Card is debited in full from the Customer’s Wallet, after automatic and systematic verification of the balance available on the said Wallet, and (ii) the Card is issued by Lydia Solutions to the Customer and is linked to the Customer’s Wallet (hereinafter the “Card“). 

In this respect, the Customer shall ensure that he always has a sufficient balance on their Wallet before any payment transaction or ATM withdrawal using the Card. 

It is also specified that the Wallet to which the Card is linked may be a Shared Account. 

The Customer acknowledges and agrees that the Card is an individual, nominative and personal payment card. It is strictly forbidden for the Customer and/or User to lend or dispose of the Card.

Article 4: User

As part of a Shared Account, the Customer may request that a Card be issued to a User with their prior agreement. The Card issued will be linked to the Shared Account. As a result, all payment transactions made by a User will be debited directly from the Shared Account. The Customer acknowledges that they remain fully liable to Lydia Solutions for any payment transactions made by a User using a Card linked to the Shared Account. 

Any Card issued to a User is subject to the same characteristics and conditions of use as set out herein. In particular, Users may link their Card to any Wallet they may have. In this respect, the Customer undertakes to ensure that any User for whom a Card has been issued complies with all the provisions of the Card Agreement. 

The number of Cards that may be issued by a Customer under a Shared Account is detailed in the Pricing and Limits Annex. Likewise, the use of a Card linked to a Shared Account is also subject to thresholds specified in the same Pricing and Limits Annex.

Article 5: Issuing and activating the Card 

The Card is delivered to the Customer by Lydia Solutions at the postal address indicated by the Customer. Where applicable, it is the Customer’s responsibility to give the Card to the User for whom a Card would be issued. 

The Confidential Code is defined by the Customer in the Mobile Application, or by the User where applicable.

On receipt of the Card, the Customer/User shall : 

  • Sign the back of the Card in the space provided.
  • Activate the Card by making your first ATM withdrawal using the Confidential Code you have set. 

The Card remains the exclusive property of Lydia Solutions.

Article 6: Duration of the Card Agreement and validity of the Card 

This Card Agreement is valid for an indefinite period. 

It may be terminated at any time in writing by the Card holder, the holder of the Payment Account on which the Card operates, or by Lydia Solutions. 

Termination by the Card holder takes effect thirty (30) days after the date on which notice is sent to Lydia Solutions. 

Termination by Lydia Solutions takes effect two (2) months after the date of dispatch of the notice sent to the Card holder.

The holder of the Card and/or of the Payment Account on which the Card operates undertakes to return the Card and to comply with all the contractual obligations incumbent upon him under this Card Agreement, until such termination becomes effective. 

Upon termination, the Card holder shall no longer be entitled to use the Card and Lydia Solutions may take any action necessary to do so. 

The Card remains valid until the expiry date shown on the back of the Card. The limited period of validity of the Card is due to technical and security considerations and does not affect the indefinite duration of the Card Agreement. 

On the expiry date of the Card, the Card may be automatically renewed, unless the Customer requests otherwise. 

In the event of termination of the Card Agreement and/or the Account Agreement, the Card(s) issued will be automatically terminated and deactivated within the closing period specified in the Account Agreement.

Operations

Article 7: Transactions authorised with the Card 

Subject in particular to an available balance on the Customer’s Wallet, the Card enables the Customer and/or User to carry out the following transactions:

  • Withdrawals from ATMs that accept Visa payment Cards.
  • Payment transactions made from an EFTPOS terminal that accepts Visa payment cards.
  • Payment transactions carried out by remote means of communication, including internet payments to an Acceptor accepting Visa payment system Cards.

The consent given by the Customer/User to the above operations is formalised, as appropriate, by :

  • Entering the Confidential Code.
  • The communication of Card Data and, where applicable, the implementation of any Strong Authentication measures requested. 
  • Presenting and holding the Card in front of a device that identifies the presence of contactless technology. 

The Card may be used for a series of payment transactions with Acceptors for the purchase of goods or services. The Customer/User gives their consent to the series of payment transactions at the time of the first transaction. The Customer/User may withdraw their consent to the execution of the payment transaction for the future at the latest by the end of the Business Day preceding the day on which the payment transaction is executed.

Article 8: Strong Authentication

In accordance with the provisions of the Account Agreement, Strong authentication measures may be applied in certain cases when the Card is used, in particular for payments over the Internet. 

The Strong authentication measures that may apply in the event of payment by Card are communicated to the Customer/User on Lydia Solutions’ website.

Article 9: Contactless payment

All Cards issued use contactless technology, the operating conditions of which are governed by these terms and conditions. 

Contactless technology is activated by default and the Customer/User may deactivate the contactless option on their Card within the Mobile Application. 

Contactless technology enables the rapid payment of goods or services at the EFTPOS terminals of Acceptors equipped accordingly, with remote reading of the Card without the need to enter the Confidential Code. 

Payments that can be made “contactless” are limited both in amount for a single payment and in cumulative amounts over a set period as defined in the Pricing and Limits Annex.

Article 10: Virtual payment Card

Virtual payment Cards are Visa debit cards provided by Lydia Solutions exclusively in dematerialised form via the Mobile Application. 

Virtual payment Cards can be used for payment transactions on e-commerce sites. To this end, the holder of the virtual payment card accesses the information on the virtual payment cards required for the use of this payment method in the Mobile Application. Payment on e-commerce sites is also possible on the Mobile Application or using other payment methods provided by Google Pay, Apple Pay or other comparable providers, provided that this payment method is accepted. 

Virtual payment cards are either multi-purpose VISA e-Cards or single-purpose VISA e-cards. The Customer may create virtual payment cards within the limits set out in the Pricing and Limits Annex.

Article 11: Electronic Wallets

The Customer/User may subscribe to electronic wallet services offered by third-party providers (Apple Pay, Google Pay and Samsung Pay) or Mobile phone operators that are compatible with the Card.

The Card holder will then be able to make payments at all contactless payment point-of-sale terminals, or online payment that accept the electronic wallet concerned

The terms of service of these services are detailed on Lydia Solutions’ website.

Article 12: Network of Acceptors

The Card may only be used to : 

  • – pay for goods and services purchased from Acceptors. 
  • – Make withdrawals from ATMs that accept Visa payment system cards.

Before making any payment with the Card, the Customer/User shall ensure that the merchant or service provider concerned is a Visa network Acceptor.

Lydia Solutions remains uninvolved in any commercial dispute, i.e. other than relating to the payment order, that may arise between the Customer/User and the Acceptor. The existence of such a dispute may under no circumstances justify the Customer’s/User’s refusal to honour payments by Card.

Article 13: Pricing conditions

The Card is issued and its use is billed in accordance with the conditions set out in the Pricing and Limits Annex.

Article 14: Debiting the Payment Account

The amount corresponding to each payment and/or withdrawal transaction made with the Card is immediately debited from the Customer’s Payment Account to which the Card is linked. 

The Acceptor may make a pre-authorisation request. In this way, he may request that the Customer/User has an available balance on their Wallet greater than the value of the payment transaction concerned. The Acceptor may also block funds temporarily in order to check the validity of the Card and ensure that the Customer’s Wallet has sufficient funds. In these cases, the amounts are blocked on the Wallet associated with the Card.

In the event of an insufficient balance, the Card payment and/or withdrawal transaction will be automatically refused by Lydia Solutions. 

Within the period allowed to him under the contract with their own payment service provider, the Acceptor may: cancel the pre-authorisation and release the entire pre-authorised amount; use all or part of the pre-authorised amount and, where applicable, release the remainder of the amount. The amount that will actually be debited from the Customer’s Payment Account will be the actual amount of the payment transaction, corresponding to the final payment order sent by the relevant Acceptor. After this period, over which Lydia Solutions has no control, if the Acceptor fails to act, the entire pre-authorisation amount is automatically released. This amount will again be credited to the Customer’s Payment Account.

Notwithstanding the foregoing, the Customer is hereby informed that the pre-authorisation period may vary, depending in particular on the Acceptor’s activity and the rules defined with regard to the payment Card standards dictated by the payment Card schemes (this period generally varies between ten and thirty days and is subject to change). 

In other words, even if the entire pre-authorised amount has been released, the Acceptor may still obtain payment of the price of the sale agreed with the Customer in application of the electronic payment standards, bearing in mind that in such a case the payment transaction is deemed to have been fully authorised by the Customer, up to the amount of the price to be paid, at the time of their purchase or subscription with the Acceptor concerned.

 Security

Article 15: Personalised Security Data

The Confidential Code and the Card Details constitute Personalised Security Data within the meaning of the Account Agreement.

The Customer and/or User shall take all appropriate measures to ensure the security of their Card, Card Details, Confidential Code and, more generally, any other element of the personalised security system. They shall therefore keep their Confidential Code absolutely secret and not disclose it to anyone, either in writing or verbally. In particular, they shall not write it on the Card or on any other document. They shall ensure that they enter it away from prying eyes.

The Confidential Code is essential for using the Card at EFTPOS terminals, ATMs or certain remote payment terminals. The Customer and/or User shall use the Confidential Code whenever instructed to do so by the payment or withdrawal equipment concerned.

The number of successive attempts to enter the Confidential Code is limited to three (3). The third successive unsuccessful attempt will result in the Card being blocked. 

If the Confidential Code is forgotten, the Customer and/or User can obtain it in the Mobile Application.

Article 16: Safety measures

In accordance with the Account Agreement, the Card, the Card Details and the Confidential Code shall be kept with the utmost care by the Customer/User. 

Any disclosure to a third party of the Card, the Card Data and/or the Confidential Code shall constitute gross negligence on the part of the Customer/User in respect of their obligations to safeguard their Personalised Security Data.

Article 17: Opposition

In the event of loss, theft, misappropriation or unauthorised use of their payment instrument or the data linked to it, the Customer shall inform Lydia Solutions without delay so that the payment instrument can be blocked. This notification shall be made to Lydia Solutions in the following manner:

  • In the Mobile Application ;
  • By calling at + 33 (0)1 82 88 11 69 (toll-free) ;
  • By contacting customer service by e-mail at support@lydia-app.com.

The request to block the Card is taken into account immediately by Lydia Solutions.

Lydia Solutions reserves the right to ask the Customer for any document (written statement, copy of the complaint lodged) providing proof of the stated reason for the request to block the Card. This request does not constitute a condition for the reimbursement of the disputed transactions.

Article 18: Unauthorised operations

Unauthorised transactions carried out prior to the blocking request:

The Card holder is responsible for any transactions resulting from the loss or theft of the Card, up to a limit of fifty (50) euros. 

However, it is not liable: 

  • In the event of a payment transaction carried out without using Personalised Security Data ;
  • If the loss or theft of the Card cannot be detected by the Card holder prior to payment ;
  • Where the loss of the Card is due to the acts or omissions of an employee, agent or branch or entity to which Lydia Solutions has outsourced its activities. 

However, where the Acceptor’s payment service provider is not located in the EEA, Saint-Pierre-et-Miquelon or Saint-Barthélemy, transactions following the loss or theft of the Card will be charged to the Card holder up to a limit of fifty (50) euros, even in the case of payment transactions carried out without the use of Personalised Security Data. Unauthorised transactions made using a counterfeit payment Card or resulting from the misappropriation of data linked to the use of the Card will be charged to Lydia Solutions.

Unauthorised transactions carried out after the blocking request :

Lydia Solutions is also responsible for these charges, with the exception of those made by the Card holder.

By way of exception, all unauthorised transactions will be charged to the Card holder, with no limit on the amount, in the event of : 

  • Intentional or grossly negligent breach of the obligations referred to in Article 16 above; 
  • Fraudulent actions by the Card holder.

Liability of the Payment Account holder

Where the Payment Account holder is not the Card holder, they are jointly and severally liable for the financial consequences arising from the Card holder’s responsibility for the safekeeping of the Card and Personalised Security Information (in particular the Confidential Code) and their use until : 

  • Returning the Card to Lydia Solutions ;
  • Notification to Lydia Solutions of the revocation of the mandate given by the Customer holding the Payment Account to the Card holder, by means of an e-mail sent to Lydia Solutions’ customer service;
  • Termination of the Payment Services Agreement.

Disputes

1 – General case

The Card holder and/or the Payment Account on which the Card is used may dispute a transaction, if possible by presenting the ticket issued by the electronic equipment or proof of the payment order to which the dispute relates, as quickly as possible and within a maximum period of thirteen (13) months from the date on which the disputed payment order was debited to the Payment Account on which the Card is used.

It is specified that any dispute after this period will only be admissible in the event of a delay duly justified by the Card and/or Payment Account holder.

The maximum period during which the Card holder and/or the Payment Account on which the Card operates may dispute a Transaction is set at one hundred and twenty (120) days from the date on which the disputed payment order was debited to the said account, where the Acceptor’s payment service provider is located outside the EEA, Saint Pierre and Miquelon or Saint Barthélemy.

Disputes regarding the price of goods or services purchased from third parties will not be entertained by Lydia Solutions. Accordingly, Lydia Solutions will not accept any claims relating to the cancellation or refund of purchases made from third parties. The Card holder shall contact the merchant directly for any dispute relating to the sale of the goods or services concerned.

2 – Exemptions

By way of derogation, the Card holder is entitled to a refund of an authorised payment transaction made in the EEA if the authorisation given did not indicate the exact amount of the transaction and if the amount of the payment transaction exceeds the amount that the Card holder could reasonably expect. 

The request for reimbursement shall then be made before the expiry of a period of eight (8) weeks from the date on which the payment order for which reimbursement is requested was debited from the account on which the Card is used.

Lydia Solutions has a period of ten (10) Business Days from receipt of this request to reimburse the account holder for the amount of the transaction or to justify its refusal to reimburse.

At Lydia Solutions’ request, the Card holder shall provide Lydia Solutions with all information relating to the requested refund.

Lydia Solutions and the Card holder agree to take the utmost care in informing each other of the terms and conditions of the transaction.

Refund of an unauthorised or incorrectly executed transaction :

Unauthorised payment transaction: the Card holder and/or the Payment Account on which the Card is held will be reimbursed at the latest on the Business Day following receipt of the disputed transaction:

  • the amount of the transaction disputed in good faith by the Card holder in the event of loss and/or theft, fraudulent use and/or misappropriation of their Card and related data, which occurred prior to the blocking request;
  • the amount of the transaction disputed in good faith by the Card holder, which occurred after the blocking request.

If, after reimbursement by Lydia Solutions, it is established that the transaction was in fact authorised by the Card holder, Lydia Solutions reserves the right to reverse the amount of the reimbursement wrongly made. 

However, in accordance with legal provisions, Lydia Solutions may not make the refund within the aforementioned period if it has good reason to suspect fraud on the part of the Card holder. In this case, Lydia Solutions will inform the Banque de France (French central bank).

Incorrectly executed payment transaction: the Card holder and/or the Payment Account on which the Card is held will be reimbursed for the amount of the incorrectly executed transaction, if necessary and without delay. 

Common provisions: in all the cases mentioned above, the debited Payment Account is restored to the state it would have been in if the disputed amounts had not been debited (including the value date).

Article 19: Blocking of a payment instrument at Lydia Solutions’ initiative

Under the conditions set out in the Account Agreement, Lydia Solutions reserves the right to block any Card issued, for objectively justified reasons relating to the security of the Card, the presumption of unauthorised or fraudulent use of the Card or the significantly increased risk that the Customer will be unable to meet their payment obligation. 

In all cases, the Card holder and/or the Payment Account on which the Card is used will be notified of the reasons for the blocking decision. The blocking of the Payment Account to which the transactions made with the Card are debited automatically results in the blocking of the use of the Card. Notification that the account has been blocked is equivalent to notification that the Card has been blocked.

The Card holder therefore undertakes not to use the Card and return it on first request.

The closure of the Payment Account on which one (or more) Card(s) is (are) held entails the obligation to return the Card(s). The same applies in the event of termination of the Account Agreement.

Article 20: Keeping the Card 

The Customer/User undertakes not to make any functional or physical alteration to the Card that could hinder its operation or that of the EFTPOS terminals and ATMs in any way whatsoever. In this respect, the Customer/User is prohibited from affixing adhesive labels or stickers or making any inscription on the Card.

Article 21: Faulty Card

If the Card held by the Customer is faulty, the Customer should contact customer service by email at support@lydia-app.com.

Any defective Card will be replaced by Lydia Solutions as soon as possible and free of charge, except in the event that the Customer/User is responsible for the Card’s defectiveness and in particular in the event of non-compliance with the conservation rules set out in article 20 above. In this case, the Customer may be billed for the cost of replacing the Card as set out in the Pricing and Limits Annex.

Article 22: Protection of personal data

As the data controller, Lydia Solutions processes personal data relating to the Card holder and/or the holder of the Payment Account on which the Card operates. The categories of personal data processed are the information collected under this Card Agreement, the information appearing on the Card, where applicable the information constituting an identifier of the Card Agreement and the information relating to transactions carried out using the Card. 

This information may or may not be processed automatically in order to : 

  • Manufacturing the Card, managing its operation and ensuring the security of payment transactions, in particular when the Card is blocked. This processing is necessary for the proper performance of this Card Agreement and, otherwise, the Card Agreement cannot be performed; 
  • Preventing and combating Card payment fraud, which is a legal obligation for Lydia Solutions under Article L.521-6 of the French Monetary and Financial Code; 
  • The management of any legal proceedings, commercial prospecting, commercial promotions and advertising campaigns, surveys or polls and the compilation of anonymous statistics that do not allow the Card holder to be identified, by virtue of Lydia Solutions’ legitimate interest;
  • To meet legal or regulatory obligations, particularly in criminal or administrative matters relating to the use of the Card. 

With a view to authenticating the Card holder and/or authorising a payment transaction, Lydia Solutions may implement automated decision-making based in particular on the analysis of the personal data concerning the Card holder, the context of the transaction, the balance available on the Payment Account on which the Card operates and the Card’s capacities. Necessary for the proper performance of the contract, automated decision-making may result in the authorisation or refusal of the payment transaction.

The data used to manufacture the Card is retained for the period required to execute the Card Agreement and then archived in accordance with the applicable legal requirements.

Data relating to payment transactions is kept in accordance with the provisions of article L.561-12 of the French Monetary and Financial Code.

The data required for any commercial prospecting and advertising campaigns is kept for a period of three (3) years from the end of the commercial relationship. 

The data required for the management of any legal action is kept until the end of the procedure. It is then archived in accordance with the applicable legal provisions. 

In order to fulfil the purposes specified above, the personal data of the Card holder and/or the Payment Account on which the Card is used may be communicated to banks and, more generally, to institutions authorised to provide payment services and subject to professional secrecy, to organisations involved in the manufacture and operation of the Card, to subcontractors, to Acceptors, as well as to the Banque de France and to the payment card scheme(s) whose brand(s) is (are) affixed to the Card. 

In accordance with the regulations in force, the Card holder and/or the holder of the Payment Account on which the Card operates may, under the conditions set out in Chapter iii of Regulation (EU) 2016/679 of 27 April 2016 and articles 38 et seq. of Law no. 78-17 of 6 January 1978: 

  • Request access to the personal data concerning you and/or request its rectification or deletion;
  • Define directives concerning the fate of their personal data after their death; 
  • Oppose the processing of personal data concerning him/her for the purposes of managing any legal proceedings by explaining the specific reasons justifying their/their request, provided that Lydia Solutions does not invoke overriding legitimate grounds; 
  • Request restrictions on the processing of personal data concerning the Customer; 
  • Request to receive and/or transmit to another data controller the personal data concerning him/her necessary for the performance of this contract in a commonly used and electronically readable form;
  • File a complaint with the Commission Nationale de l’Informatique et des Libertés committee (CNIL). 

These persons may also, at any time and free of charge, object to their data being used for commercial prospecting purposes. The rights set out in this article may be exercised by the Card holder and/or the holder of the Payment Account on which the Card is held by contacting the branch where the account on which the Card is held is opened by post or at the following address: 

  • Lydia Solutions, Data Protection Officer, 14 Avenue de l’Opéra, 75001, Paris – France ;
  • dpo@lydia-app.com by e-mail. The Data Protection Officer can be contacted in the same way.

Lydia Solutions is a simplified joint stock company, registered in the Paris trade and companies register under number 534479589 and whose head office is located at 14 Avenue de l’Opéra, 75001 Paris.

Lydia Solutions is approved as an electronic money institution authorized to provide payment services under the supervision of the ACPR. The approval of Lydia Solutions can be verified on the sites www.regafi.fr and https://euclid.eba.europa.eu/register