ChitChat Card Supplemental Terms and Conditions

Effective Date: 2nd October 2024

The purpose of these supplemental terms and conditions (which we refer to from now on as the Terms) is to explain the legal relationship between you and ChitChat and our rights and obligations in connection with your use of the ChitChat Debit Card (which we refer to from now on as the ChitChat Card). Please read these Terms carefully because you will be required to accept them before you can use our debit card services (the Services).

These Terms are supplemental to and should be read in conjunction with the ChitChat General Terms of Service and ChitChat Wallet Terms and Conditions  which also apply to your use of the Services. Our Privacy Policy governs our use of your personal data when applying for and using the ChitChat Card.

1. The ChitChat Card

1. What is the ChitChat Card?
   The ChitChat Card is a virtual US dollar debit card which we provide as a premium service to customers for a monthly fee. It can be used to pay for goods and services online, over the phone or in person. The ChitChat Card is not a guarantee card, charge card or credit card and no physical card will be issued to you.
2. Who is the issuer of the ChitChat Card?
   The ChitChat Card is provided by Union Fiftyfour Limited, a company registered with Zambia’s Patents and Companies Registration Agency under company number 120170000396 which is regulated as a payments system business (electronic money issuer) by the Bank of Zambia.
3. What can the ChitChat Card be used for?
   A summary of the key product features and information about the ChitChat Card, including the applicable fees, is set out here.
4. Changes to Services.
   We are entitled from time to time to add, suspend, limit, withdraw or cancel any transactions, services and products available via the use of the ChitChat Card.

2. Financial Regulation

The Bank of Zambia does not offer deposit protection on e-money but requires that all our customers’ funds are safeguarded by being held in trust accounts across a number of separate regulated financial institutions in Zambia. Your Card is linked to your ChitChat Wallet account, which is an electronic money account, not a bank account. We comply with our obligations under the National Payment Systems Act 2017 which are designed to ensure the safety of funds held in electronic money accounts such as your ChitChat Wallet account.

3. Subscription

1. You can apply for a ChitChat Card via this link. As part of the application process we shall carry out verification checks via a third party ID verification platform. You will be asked to submit personal data, photographs of your passport and/or other proof of identification together with a selfie photograph. The personal data which you provide in this process will be subject to the privacy policy of the third party ID verification platform. It will not be disclosed to us except where required by law or regulation, including, but not limited to, compliance with anti money-laundering laws or international sanctions.
2. We may carry out additional checks which may increase the time it takes to process your application for a ChitChat Card. If as a result of our verification checks we determine that you do not meet our conditions, we shall notify you that your application for a ChitChat Card has been unsuccessful and shall refund any fee already paid by you within 14 days of the date of that notification.
3. If your application for a ChitChat Card is successful, your subscription will be effective from the date on which you pay your first monthly subscription fee. After that, the monthly fee shall be debited from your account on the same day each month until such time as you terminate your subscription in accordance with the Term and Termination section below.

4. Use of the ChitChat Card

1. How to upload money to your ChitChat Card.
   by your ChitChat Wallet account. You can upload money by adding money to your ChitChat Wallet. For further information on how to do this, please refer to the Adding Money section in the help desk.
2. How to activate your ChitChat Card.
   Your ChitChat Card will be activated when you confirm your acceptance of these Terms following your successful application.
3. Paying in different currencies.
   Your ChitChat Wallet can only hold US dollars as a currency. If you are making a payment or withdrawing funds in US dollars, the payment will be made directly from your US dollar balance. If you are making a payment or withdrawal in another currency the amount will be automatically converted using the Mastercard rate as at the date of the transaction and shall be subject to a processing fee.
4. Refunds in different currencies.
   If you receive a refund on a card payment in any currency other than US dollars, we shall first convert the amount at the current Mastercard or Visa rate to a supported currency and shall then credit your ChitChat Wallet accordingly. A processing fee shall be charged for the conversion.
5. No negative balance.
   ChitChat does not provide any form of overdraft facility. You must not make purchases that exceed the amount of electronic money available in your ChitChat Wallet. If any purchase takes you over your available funds or the card limits  in force from time to time the transaction will be declined and a fee will be charged as explained in our Pricing page. You must also ensure that you maintain sufficient funds in your ChitChat Wallet to pay the monthly subscription fee. Failure to do so may result in your ChitChat account being closed.
6. Acceptable Use.
   We may, at our discretion, decline the use of your ChitChat Card in situations which we reasonably determine may be in breach of our Acceptable Use Policy. We also reserve the right to close your account, as explained further in the ChitChat Wallet Terms and Conditions.
7. Transaction limits.
   We may from time to time impose financial and other limits on the use of ChitChat Cards where we consider reasonably necessary in order to reduce the risks of default. We may impose restrictions on the total value of transactions or the number of transactions which you may make in a single day.
8. Disputed Transactions.
   In cases of disputed card transactions, we may, subject to any applicable legal restrictions, choose at our discretion not to proceed with chargebacks. This may be, for example, because:
   1. we have not received sufficient information to determine that an error has occurred,
   2. we have not received a notification about the payment error in time to investigate the dispute, or
   3. the dispute being a result of the risky nature of a particular transaction.

5. Authorisation of Transactions

1. We may rely on any use of your ChitChatCard, card number, One Time Password on 3DS or PIN shall constitute your authorisation and consent to a transaction.
2. Where there are multiple cardholders within the same account, authorisation by any one of the cardholders shall be deemed to be effective authorisation by the business.

6. Account errors

1. In the event of duplicate or erroneous credits or any transaction errors resulting in amounts being incorrectly credited to your ChitChat Wallet we shall be entitled without notice to reverse such transaction and you authorize us to debit funds from your ChitChat Wallet in such circumstances.
2. Our rights under section 6(1) are without prejudice to our right to use any legal remedies available to us to enforce full recovery and collection of any funds incorrectly credited to your account where there is an insufficient balance in your ChitChat Wallet.

7. Fees

The current fees applicable to your use of the ChitChat Card are set out here. Additional fees may apply when using the ChitChat Card for certain transactions for obtaining cash or cash equivalents (such as ATM withdrawals, withdrawing cash from a merchant or bank, money orders, travelers cheques, foreign exchange or bureau de change), and account funding transactions where the ChitChat Card is used to fund e-wallets and accounts or items which may be convertible to cash (such as casino chips, cryptocurrencies and lottery tickets). Please refer to our Pricing page for details.

8. Security

1. Keep your Card safe.
   Never let another person use your ChitChat Card and do not share your card or log-in details. Sharing card details can lead to unauthorized access to your account and you will be solely responsible for any transaction(s) made in this situation. We shall not be liable for any loss arising due to any such unauthorized transaction(s).
2. Accuracy of Information.
   You must ensure that the information provided by you is accurate. We shall not be responsible or liable for any inaccurate information that may lead to failure of transactions.
3. Keep your ChitChat account safe.
   You should also observe the security measures as set out in the Your Responsibilities section of the ChitChat Wallet Terms and Conditions.
4. Check your transaction history regularly.
   It is your responsibility to regularly check on your ChitChat account history and contact us in the case of unauthorized, incorrect, or misdirected transactions.
5. Card Replacement.
   If your ChitChat Card is lost or stolen, you can request a replacement. We will charge a fee for the replacement Card. To request a replacement card please use your app. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid card.
6. Disclosure of information to law enforcement authorities.
   If you inform us that you know or suspect that your ChitChat Card is being or has been used without your permission, or is lost or stolen, we may disclose to law enforcement agencies any information which we reasonably believe may be relevant in accordance with our Privacy Policy.

9. Expiry of your ChitChat Card

1. Your ChitChat Card has an expiry date shown on the front of your card and/or in the ChitChat App and is therefore only valid until that date. You will receive a renewal reminder in the ChitChat App.
2. If you do not wish to renew your ChitChat Card after it expires, your card will be deactivated and you will not be able to use it after its expiry date. Any outstanding balance in your ChitChat Wallet will remain usable by you in accordance with the ChitChat Wallet Terms and Conditions.
3. A replacement card fee may apply to renew your card or in the event of it being lost or stolen (see our Pricing page).

10. Term and Termination

1. These Terms will be effective from the date on which you accept them and shall remain in force in respect of any use of your ChitChat Card.
2. We may suspend, or terminate your account and access to or use of the Services at any time:if you are in breach of these Terms or the  ChitChat Wallet Terms and Conditions, in the event of you becoming bankrupt or having a bankruptcy petition filed against you, orif we are required to do so by a regulator, law enforcement agency or government agency.
3. We may suspend or cancel your ChitChat Card if the activity on your card appears suspicious, fraudulent, if we believe it to be associated with criminal activity or activity which is inconsistent with these Terms or our Acceptable Use Policy or if we believe that your personal information and/or card details have been obtained by an unauthorized party. Unusual or multiple purchases may prompt a merchant inquiry which may require us to suspend your card while we investigate such activity.
4. If we terminate your account your access to the Services and use of the ChitChat Card shall terminate immediately. The termination of your account may involve deletion of content associated with your account from our live databases.
5. You may cancel your ChitChat Card subscription at any time via help.onchitchat.com. When you cancel your subscription it shall terminate at the end of the then-current subscription period. You shall not receive a refund.
6. We shall have no liability to you for any termination of your rights under these Terms, including for termination of your account or deletion of your content. Funds stored in your wallet shall be refunded to you within 48 hours following the termination of your account.
7. Following termination of your account, the provisions of these Terms which by their nature are meant to survive termination for any reason shall remain in effect.

11. Limitation of Liability

1. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services which you purchase with the ChitChat Card. You must raise any dispute regarding such goods and services with the merchant directly. We accept no liability for any loss arising from any merchant refusing or being unable for any reason to accept payment by your ChitChat Card, or any ATM failing to dispense cash.
2. We shall not be liable to you or any party for any loss or damage which you suffer, including, but not limited to loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages, in relation to your use of the ChitChat Card, including any loss or damage arising from your non-receipt or delayed receipt of any notice, unless caused directly by our gross negligence or fraud.
3. We shall not be liable for any loss or damage (including without limitation, charges and/or penalties imposed by third parties) arising from circumstances beyond our reasonable control. Such events include an interruption to the Services due to internet or other service disruptions involving hardware, software or power systems not within our possession or reasonable control; poor quality or interruptions of electrical current; epidemics, pandemics or outbreak of communicable disease; quarantines; international, national or regional emergencies; virus or computer hacker attacks, insurrections or acts of a similar nature; state of war or embargo; acts of terrorism, sabotage or acts of vandalism; earthquakes, explosion, fires, storms, flooding, other natural disasters; water damage; legal or regulatory modifications applicable to supplying our Services, and any other events reasonably beyond our control preventing the normal provision of the Services to you.
4. We do not exclude or limit our legal liability to you if to do so would be unlawful. This includes liability for death or personal injury which is caused by our negligence or and liability for fraud or fraudulent misrepresentation.
5. In certain countries you may have legal rights as a consumer which may take precedence over these Terms. These Terms are not intended to exclude or limit any such consumer legal rights.

12. Indemnification

You shall indemnify us and our group companies against any claim, liability, loss or damage of whatever nature which we or they may suffer as a result of or in connection with the fraudulent or unauthorized use of the ChitChat Card due to unauthorized disclosure or breach of security or confidentiality of your card details or your log-in and authorization credentials, with or without your knowledge or your breach of these Terms or the ChitChat Wallet Terms and Conditions  in relation to your use of the ChitChat Card.

13. Contact Details

You must immediately notify us via our Help Center  of any change of mobile phone number, email address or other information connected to your ChitChat account. Until we are notified of such change, we are entitled to continue to use the information which we have on file and to assume that the same remains valid.

14. Changes to these Terms

We may amend these Terms from time to time and shall notify you of any significant changes. If you continue to use the Services following the amendment to the Terms you will be considered to have accepted the changes. If you do not agree to any amendments to the Terms, you must stop using the Services.

15. Availability of the Services

We do not guarantee that the Services will always be available or be uninterrupted. We may restrict the availability of all or any part of the Services for business and operational reasons. We will try when possible to give you reasonable advance notice of any period of unavailability or interruption.

16. Assignments and Transfers

1. We may assign our rights and obligations under these Terms to any of our group companies, or, in the case of a merger, acquisition or business sale, to the new owner or successor of the business. These Terms will continue to apply to your use of the ChitChat Card and the Services following any such assignment.
2. You may not assign or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

17. Validity of these Terms

If any of these Terms is found to be unlawful, void, or for any reason unenforceable, it shall be deemed to be amended to the minimum extent necessary to make it enforceable. If it cannot be made enforceable it shall be deemed severable from these Terms. This shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Waiver

Our failure to exercise or enforce any right or provision of these Terms will not be constituted as a waiver of such right or provision. A waiver granted by us on one occasion will not operate as a waiver on other occasions.

19. Applicable Law

1. These Terms are governed by the law of the Republic of Zambia and the Zambian courts will have non-exclusive jurisdiction in relation to any dispute regarding these Terms and their subject matter.
2. Your own country’s laws may apply and may in certain circumstances take precedence over these Terms in relation to the protection of your legal rights as a consumer.

19. How to contact us

Please contact us via our Help Center