Terms and Conditions of Use for Visa Virtual Card

IMPORTANT INFORMATION: These terms and conditions (“Terms”) govern the use of the Card (as defined below), which are provided by Larstal Denmark ApS a Danish company with registered office at Frederiksborggade 15 3, 1360 Copenhagen (“we”, “us” or “our”), to any person whose application we approve (“you” or “your”).

These Terms form a binding contract and apply only to your use of your Virtual Visa Card issued by Wallester AS, pursuant to a license from Visa (the “Card”). These Terms complement the separate customer agreement that you as a user enter into with your Card issuer Wallester AS available in the following link Wallester ASTerms and Conditions.

These Terms are also complementary to the T&C Agreement (the “General Terms”) accepted by you for the usage of your Larstal Account. In case of any inconsistency or discrepancy between these Terms and the General Terms, these Terms shall prevail.

1. ‍Definitions.
   
   • Access Information: your username, password, challenge questions, and any other security or access information required to access or use your Card or Larstal Account.
   • Applicable Law: any law, rule or regulation of a federal, state, municipal of foreign or local government, or any rule or regulation of any clearing house or network involved in the transaction, which apply to the product and services provided to you under these Terms.
   • Card: your virtual Visa Card issued by Wallester AS.
   • Card Number: the unique 16-digit number embossed on your virtual Card, if applicable, used to identify your Card.
   • Card Transaction(s): using your Card to pay for goods and services online or over the phone.
   • Cardholder: the person authorized to use the Card. Only one Cardholder is permitted per Card.
   • Issuer: Wallester AS.
   • We or Larstal: Larstal Denmark ApS, and its successors, assigns and affiliates.
   • Larstal Account: the digital wallet account you have opened with Larstal and through which you access funds for use with your Card.
   • Larstal Account Transactions: for purposes of these Terms means any and all payments into or out of your Larstal Account that do not involve use of the Card. For the avoidance of doubt, Larstal Account Transactions are not covered by these Terms and are services provided to you under the General Terms.
   • You and your: the person who has requested the Card and is authorized to use the Card as provided for in these Terms.‍
   
   
2. Virtual Card.‍
   1. The Card is issued by Wallester in United States Dollar currency and is not a gift card or gift certificate, nor a credit card. The Card cannot be redeemed for cash, is not for resale and may not be transferred or assigned. It may be canceled, repossessed or revoked at any time without prior notice subject to applicable law.
   2. The Card is not designed for business use. You acknowledge and undertake to only use your Card for purchases of goods and/or services and/or online payments. We may close your Larstal Account and/or your Card if we determine that it is being used for business purposes or any other purposes. We may refuse to process any Card Transaction that we believe may violate these Terms and/or Applicable Law.
   3. The Card can be used to access and spend money stored in your Larstal Account. You can use the Card at any location that displays the Visa acceptance mark, including shops, restaurants, online or on the telephone. Larstal reserves the right to cancel or suspend your Card at any time for any reason.
   4. You acknowledge and agree that the value available to spend with your Card is limited to the funds maintained in your Larstal Account.
   5. You may not use your Card or Larstal Account to obtain cash anywhere, including an automatic teller machine or any point of sale device.‍
3. Fees and Limits
   3.1. If applicable, We shall charge you the fees as set out in the Fees Schedule located in the website or mobile app. As that Schedule may be amended from time to time in accordance with this Clause (the “Fees”), you agree that any amount due and payable to us under these Terms may be deducted from your Card or Larstal Account, without further notice. We further reserve the right to change our Fees upon two (2) months notice given to you through the website or mobile app or by email prior to such changes going into effect. Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information in your Larstal Account.
   3.2. Your Card is subject to certain spending transaction limits. You can find more information about these transaction limitations on the website or mobile app, or by contacting support at support@larstal.com. We reserve the right to increase or decrease your limit at any time or add additional limitations to your use of the Card in our sole discretion without notice to you except as required by law, for security, risk or other reasons.‍
4. Address or Name Changes
   ‍All information you provide during the onboarding process for a Card or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information with us up-to-date. If you need to make changes to your profile after your Card has been issued, you can update your information by logging into your Larstal Account or by contacting the Larstal Support Team.‍
5. Account Security
   5.1. You should not share your Virtual Card number, its Card Verification Value “CVV” and/or expiry dates with anyone. Do not send your Virtual Card details in an email or text message. Make sure your Virtual Card details are secured with encryption when you use your Virtual Card to perform transactions over the Internet or wireless networks.
   5.2. You are responsible for maintaining adequate security and control of your Card, or any other details that you use to access your Larstal Account. If you know or suspect that your Card or Card Number has been lost, stolen or otherwise compromised, please let Larstal know immediately by contacting the Support Team or reporting your Card lost or stolen in your Larstal Account or through the Mobile App (if and when available). Any undue delay may result in you being liable for any losses where your failure to notify us is intentional or grossly negligent. If you suspect that your Card is being used by someone else you should also contact the police and report the incident.
   Authorized Users
   You may not request an additional Card for another person.‍
6. Using Your Card
   1. Each time you use your Card, you authorize us to reduce the value available in your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the amount of available funds in your Virtual Card through an individual transaction or a series of transactions. We may temporarily “freeze” your Card and/or Larstal Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
   2. You acknowledge and agree that by creating a Card you authorize Larstal to transfer the funds deposited in your Larstal Account into your Card as provided in this paragraph until you block or terminate the Card. When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from a merchant. We will only authorize the request if you have sufficient funds in your Larstal Account to fulfill the entire transaction. The funds will then be debited from your Larstal Account or from your Card for the amount of the transaction.
   3. Except as otherwise stated herein, you may use your Card as long as the total value of your Card Transaction and any applicable fees do not exceed the value available on your Larstal Account and your Larstal Account is in good standing.
   4. Certain types of transactions may be prohibited. If you have questions about what transactions are prohibited, please contact the Support Team.
   5. In case of foreign or cross-border transactions, the international exchange rate provided by the Franchise Rules of Visa in order to settle the transaction will be applied. The rate applied will be binding on you and you will have no rights to dispute or question any such exchange rate. Changes in the way the exchange rate is converted will take effect without notice.‍
7. Account Balances‍
   1. You are responsible for keeping track of your Card available balance. It is important to know the amount of available funds in your Card before performing a transaction. If you do not have sufficient available funds in your Card to cover the transaction amount, the transaction will be declined. Adjustments may be made to your Card / Larstal Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Card / Larstal Account. Larstal shall be entitled to reverse the incorrect credit or debit at any time whatsoever without your consent. You shall be liable and responsible to Larstal and agree to accept and abide Larstal’s instructions in respect of reversing any unfair gain made by you as a result of the same. You shall be informed of such reversal by Larstal.
   2. Negative balances are not authorized under any circumstance. You must not undertake or attempt to undertake Card Transactions that exceed the amount of funds available in your Larstal Account. If any purchase takes you over your available funds or the card limits in force from time to time, the transaction will be declined.‍
8. No Warranty Regarding Goods or Services as Applicable; Returns and Refunds‍
   1. Larstal is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes or issues with any goods or services you purchase with your Card should be addressed to the merchants or individuals from whom the goods and services were purchased.
   2. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Larstal Account for such refunds and agree to the refund policy of the respective merchant. Merchant refunds in an amount equal to or less than the amount of the corresponding debit will be provided to Larstal for posting to the Larstal Account when received. Larstal has no control over when a merchant sends a refund transaction; there may be a delay between the date of the refund transaction and the date the refund amount is credited into your Larstal Account. If you have questions about a refund that has not been posted to your Larstal Account you must contact the merchant where you made the purchase. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.‍
9. Card Expiration‍
   1. Subject to Applicable Law, you may use your Card only through the Card expiration date. The expiration date is identified on the virtual card image displayed within your Larstal Account.
   2. Following expiry or cancellation of your Card or termination of these Terms, you will not be able to use your Card.
   3. If there is a positive balance of funds in your Card upon expiration we may reverse remaining funds into your Larstal Account. If you need to block your Card for any reason, please contact our Customer Service at support@larstal.com.‍
10. Receipts‍
    1. A record of your Card Transactions will always be available to you in your Larstal Account. You should always obtain a receipt from the merchant at the time you make a purchase or transaction using your Card and retain, verify, and reconcile your transactions and receipts. Larstal is not liable for providing a receipt for transactions initiated through the use of the Card that you should have obtained from a merchant.‍
11. Suspension and termination‍
    1. Larstal can close or suspend your Larstal Account and/or your Card at any time for any reason by giving you 60 (sixty) days prior notice  (see General Terms). Any such closure or suspension would terminate or suspend your ability to use your Card.
    2. You agree not to use or to allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card.
    3. Larstal will not be liable to you because of the unavailability of the funds that may be associated with your Card or Larstal Account, except as required by Applicable Law.
    4. You may cancel your Card, your Larstal Account, or these Terms at any time by notifying support@larstal.com. Cancellation or suspension of these Terms will not affect any of our rights or your obligations arising under these Terms prior to such cancellation or suspension, including any pending transactions.
    5. If the Card remain inactive (without transaction) more than 60 days, AstroPay reserve the right to cancel the Card immediately after the 60 days.‍
12. Liability and Indemnity‍
    1. If we fail to comply with these Terms, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when you activated your Larstal Account and/or your Card.
    2. We shall not be liable if: (a) through no fault of ours, you do not have enough available funds in your Card to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system was not working properly and you knew about the problem when you initiated the transaction; (d) the funds in your Larstal Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is expired or canceled; or (i) any other exception stated in these Terms.
    3. We shall not be liable for any unauthorized or incorrectly executed Card Transactions in the event that the Card Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal or regulatory obligation.
    4. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of these Terms, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
    5. This Clause shall survive cancellation of these Terms.
13. Additional obligations of the User.
    1. We may refuse to authorize any transactions or a use of the Card that could breach these Terms, or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unauthorized use of the Card. Nevertheless, we are not a party to any Card Transactions, and we disclaim any liability for any failures, breaches, acts or omissions of the merchants in connection with the Card Transactions.
    2. Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems.
    3. You agree:
       1. (a) to only use the Card for lawful purposes and to adhere at all times to all Applicable Laws and these Terms;
       2. (b) not to attempt to discover any source code included in the website or mobile app or Larstal Account, upload to our systems any malware, viruses or other unauthorized object code or source code, or otherwise disrupt or interfere with the conduct of the Service;
       3. (c) not to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the website or mobile app in whole or in part, except to the extent permitted by Applicable Law.
14. Severability
    If a court finds any provision of these Terms invalid or unenforceable such finding shall not make the rest of these Terms invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of these Terms in all other respects shall remain valid and enforceable.
15. Amendment and Cancellation
    1. ‍We may amend or change the terms and conditions of these Terms at any time, subject to Applicable Law. You will be notified of any change in the manner required by Applicable Law and by posting an updated version of these Terms in the website and/or mobile app. If the change is made for security purposes or if advanced notification is not required by Applicable Law, we may implement such change without prior notice. You may end these Terms and cancel your Card at any time by logging into your Larstal account or by contacting the Support Team.
    2. Your cancellation of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.‍‍
    3. Upon termination of these Terms for any reason, we may continue to process your personal data in accordance with the terms of our Privacy Policy and Cookie Notice, as applicable, in accordance with data protection legislation.
    4. The Terms in effect as of the date of the termination will survive and continue to apply to any aspects of your use of the website or mobile app prior to termination, including your Account information, your available balance, and any outstanding Card Transactions.‍
16. Information About Your Right to Dispute Errors
    1. Contact Information
       If you think your Transaction history is wrong with respect to a Card Transaction, or if you need more information about a Card Transaction listed on the transaction history in your Larstal Account, you can contact the Support Team at support@larstal.com. For errors or potential errors in your Larstal Account that are not related to the Card, please consult the Larstal Account Terms of Use.‍
    2. Card Errors
       “Card Errors” include, but are not limited to, the following:
       
       1. A Card Transaction that you did not authorize.
       2. A duplicate transaction that you did not authorize.
       3. A recurring Card Transaction that you had canceled prior to the occurrence of the Card Transaction.
       4. An incorrect Card Transaction.
          
          In relation to a Card Error you must contact us without undue delay (i.e. as soon as you become aware of the problem). We will not be held liable for any Card Error that was unauthorized or incorrectly executed if you have failed to contact us without undue delay – in these circumstances you may be held liable. We must hear from you no later than sixty (60) days after the earlier of the date you accessed your Larstal Account regarding a Card Error or if the Card Error could be viewed in your Card Transaction history.
          
          In your complaint, you must include:
          1. Your name, address and Card number;
          2. Why you believe there is an error, and the amount involved;
          3. Approximately when the error took place; and
             
             Any other necessary information that can prove the existence of the Card Error.
             Subject to you notifying us without undue delay, We will determine whether an error occurred within ten (10) business days of hearing from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing our investigation. If we decide that no Card Error occurred, or you have acted fraudulently or have with intent or gross negligence failed to keep your Larstal Account security details safe, we shall not credit any amount to your Larstal Account and/or may deduct the amount of the Card Transaction from your Card or Larstal Account, if applicable. If you do not have sufficient balance for the deduction, you must repay us the amount immediately on demand. On the contrary, if we decide that a Card Error occurred, we will credit you the correspondent amount in your Larstal Account.
             For the avoidance of doubt, Card Errors do not include buyer’s remorse, issues with the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or if you do not receive those goods or services, or routine inquiries about the balance in your Larstal Account or a request for documentation or other information for your record keeping or tax purposes.‍
    3. Your Liability for Unauthorized Card Transactions
       An unauthorized Card Transaction occurs when your Card is used, and it was not authorized by you and did not benefit you. For example, if someone accesses your virtual Card fraudulently or without your consent and uses your Card to access funds in your Larstal Account, an unauthorized Card Transaction has occurred. A Card Transaction used by someone to whom you gave access to your Card who then uses your Card without your knowledge or permission is not considered unauthorized. You are responsible for transactions made in such a situation.
       
       You agree to exercise reasonable control over your Card and Access Information. If you believe your Card or Access Information has been lost or stolen, or if you believe that transactions have been made in your Larstal Account without your permission using your Card, you should inform Larstal right away.‍
17. Miscellaneous‍
    1. We may at any time transfer all or any of our rights and obligations under these Terms to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to these Terms), but this will not affect your rights or our obligations under these Terms.
    2. You may not assign or transfer your Card and your obligations under these Terms. We do not waive our rights by delaying or failing to exercise them, in whole or in part, at any time. Notwithstanding the foregoing, these Terms shall be binding on you, your authorized users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
    3. Nothing in these Terms is intended to, or shall be construed so as to, establish or imply any partnership or joint venture or a relationship of principal and agent between you and us or constitute either of you or us as the agent of the other party, or authorize you or us to make or enter into any commitments for or on behalf of the other party.‍
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. These Terms are provided to you in the English language. Where we have provided a translation of these Terms to you, you agree that such translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between the English language version of these Terms and any translation, the English language version takes precedence.
    7. We shall not have any liability under, or be deemed to be in breach of, these Terms for any delays or failures in performance of any of our obligations under these Terms that result from a force majeure event.‍
18. Governing Law and Jurisdiction‍
    1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Denmark.
    2. Each party irrevocably agrees that the courts of Denmark shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). If you are a resident of Northern Ireland or Scotland, you may also bring proceedings in Northern Ireland or Scotland respectively.‍
19. Complaints handling‍
    1. Larstal is a private limited company registered in Denmark under company number 42457590, and whose registered office address is Frederiksborggade 15 3, 1360 Copenhagen is authorized by the Danish Financial Supervisory Authority (Finanstilsynet) as an electronic money institution. We refer to the register of the Danish FSA where Larstal Denmark has received FTID 40514 (Link) Larstal Denmark will ensure all customers have access to the complaints policy and procedure upon request and will include a copy of this document in any written acknowledgement of a complaint, to ensure the customer is aware of his or her rights in following up the complaint.
    2. If you wish to make a complaint or a question about the Card, You can email us at support@larstal.com, with brief details of your complaint and the phone number and email address associated with your Larstal Account or request our complaint form and send to our service email address on the form.‍
20. Notices‍
    1. You accept and agree that we may serve notices to you in writing to the email address and/or mobile number linked to your Larstal Account. You may amend the same from time to time.
    2. You agree that we may provide you with notices and other disclosures in connection with your Account and the Card by email or by posting notices on the website or mobile app.