At a time of extraordinary monetary policy and when trust in currencies, banks and existing payment systems has been eroded.
Glint helps us move to a more just, sustainable and inclusive global economy

info@glintpay.com
Call our client support if you have questions (877) 258-0181

Terms of Use

Glint General Terms of Use
  1. About Glint

Glint is a trading name of Glint Pay Services Limited, a company incorporated under the laws of England and Wales with registration number 10117131. We are authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of electronic money. Our FCA e-money register number is 900657.

Use of and access to the Glint app, it’s website or products and services are provided on the basis of these General Terms of Use.

1.1 Glint may from time to time and without first letting you know:

1.1.1 Make such changes to the content of the app, Website or the products or services offered as it considers appropriate from time to time;

1.1.2 withdraw such services and products as Glint considers appropriate from time to time;

1.1.3 Terminate your access or use of its services for any breach of these terms or conditions or for any breach of law or regulation or for any reason Glint considers appropriate in order to comply with anti-money laundering regulations. Glint reserves the right to use various procedures to authenticate each transaction including identity checks.

  1. Scope of these Terms of Use

2.1 These Terms of Use govern the opening, use and closure of your Glint Account and other related payment services as referred to herein. Together with our Privacy Policy, and any other terms and conditions referred to therein, they constitute the legal relationship between you and us. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

2.2 You are also advised to read the answers to the “Frequently Asked Questions” which are published on our Website.

2.3 Depending on the type of Glint Account you have, additional terms and conditions may apply as communicated to you at the appropriate time.

  1. Permitted Access to Glint Services

3.1 You should not use the app or Website from any country where accessing or using them or any of the information, products or services on them is prohibited by law. The app and Website does not constitute any invitation or solicitation by Glint to any person to use any such information, products or services in countries where to do so is prohibited by law.

  1. Intellectual Property

4.1 All intellectual property and all materials comprising or contained in the app or Website including but not limited to all text/articles, logos, software and images, are owned, or as the case may be licensed, except as otherwise expressly stated, by Glint.

4.2 You are entitled to access the app or Website for the purposes of accessing the facilities offered by Glint. However, you may not use in any way, directly or indirectly, any of its components for any other purpose. The materials contained on or comprising the app or Website may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from Glint.

  1. Limitations on liability

5.1 All content shown by Glint are provided and made available without any warranties, conditions or guarantees. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, Glint does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available.

5.2 Glint uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) Glint is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:

5.2.1 Your use, delay or inability to use the Glint services;

5.2.2 Any inability to perform any of Glint’s obligations due to failure of any technical or operational systems;

5.2.3 Any reasons beyond Glint’s reasonable control. This will include (amongst other things) war, terrorism, government action, natural disaster, and industrial disputes;

5.2.4 Any damage to your equipment as a result of using Glint products or services;

5.2.5 Any change in currency rates which may occur from time to time.

5.3 Without limiting the more general exclusions of liability as set out in sections 5.1 and 5.2, (to the maximum extent permitted by law) Glint is not liable to you for any loss of profit, loss of use, indirect, or consequential losses, claims or other damages suffered or incurred by you from your use of the app or Website or the products or services offered however caused.

5.4 Glint’s maximum aggregate liability to you in respect of all currency transactions undertaken by you shall be limited to a refund equivalent to any monies you have paid to Glint to acquire currency.

5.5 The disclaimers and limitations of liability in these general terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Glint or any of its employees or agents or for fraud.

5.6 If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.

  1. Governing Law and changes to these terms and conditions

6.1 All use of the app, Website and these terms and conditions is governed by the laws of England and Wales.

6.2 All disputes arising out of the use of Glint and/or any services or products provided by Glint or any dispute relating to these terms and conditions shall be resolved by the Courts of England and Wales.

6.3 Glint reserves the right to change these terms and conditions from time to time.

6.4 Provisions relating to placing of the order and when the contract between you and Glint is formed.

6.5 Glint does not make available foreign currency for investment, speculation or any other purposes.

6.6 Glint will use various procedures to authenticate each transaction for the purposes of law and regulations including anti-money laundering regulations. Glint reserves the right to decline to continue to process any part of your order at any time.

6.7 Glint is entitled to refuse, withdraw or cancel your foreign currency order at anytime, for any reason. Glint may terminate any foreign currency order at any time.

6.8 Glint may also terminate any contract it has with you if it is required to do so on instructions of any law enforcement agency or regulatory body. In this case Glint may retain all or any of your money if it is required to do so by law and then deal with it as ordered by a court or other body of competent jurisdiction.

  1. Anti-money laundering policies

7.1 As an e-money issuer (EMI), Glint is regulated under Money Laundering Regulations. Our staff are fully conversant with Anti-Money Laundering guidelines and are aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.

7.2 Glint reserves the right to perform identity checks in accordance with the Terms and Conditions on all individuals who wish to apply for the Glint product. In doing so it may use 3rd parties to verify the information given. Glint reserves the right at all times to refuse to process any transaction which it believes in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report to any such suspicious transactions.

7.3 Glint is obliged by law to monitor any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from unlawful or illegal activity.

7.4 There is a statutory obligation on all Glint employees to report suspicious transactions to the UK authorities. Where any such report is made, Glint accepts no liability for any delay in transmission of or confiscation of the funds.

  1. Your Glint Account

8.1 Your Glint Account is an electronic money account which enables you to send and receive electronic payments.

8.2 The electronic money on your Glint Account is issued in accordance with the European Electronic Money Directive (Directive 2009/110/EC of 16 September 2009) and the relevant national legislation of the United Kingdom.

8.3 Your Glint Account is denominated in a currency of your choice, as selected by you from the available currencies. Any transactions from that account will be in the designated currency of the account.

8.4 The electronic money held on your Glint Account does not expire but it will not earn any interest.

8.5 You have the right to withdraw funds from your Glint Account at any time. However, you may be required to confirm your identity beforehand and the destination of the funds. There is no minimum withdrawal amount but the funds on your Glint Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.

8.6 Electronic money accounts are not bank accounts. By accepting these Terms of Use you acknowledge that the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your Glint Account.

8.7 Glint holds all client money in accordance with the Financial Conduct Authority’s (FCA) Client Money rules. This means it holds clients’ money separately from the firm’s money in a designated Client Safeguarded Account in an UK regulated credit institution. This arrangement is designed to ensure that client money is not a risk in the unlikely event of Glint getting into financial difficulties.

8.8 The electronic money on a Glint Account belongs to the person or legal entity which is registered as the Glint Account holder. No person other than the Glint Account holder has any rights in relation to the funds held in a Glint Account, except in cases of succession.

8.9 Your Glint Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your Glint Account and other factors used by us to determine such limits from time to time at our sole discretion.

  1. Opening Your Glint Account

9.1 In order to use our payment services you must first open a Glint Account by registering your details on our app or Website. As part of the signup process you will need to accept these Terms of Use and our Privacy Policy and you must have legal capacity to accept the same. If you order additional services, you may be asked to accept additional terms and conditions.

To open and continue using a Glint Account, you must:

9.1.1 Be at least 18 years of age;

9.1.2 Not be a resident of any country where we do not provide the Glint Service as set out in the list of prohibited countries in our FAQ’s. This list may be amended by us from time to time, without notice;

9.1.3 Open an Account in accordance with the instructions set out in the registration page of our app or website including completing all requested information;

9.1.4 Maintain an active address, phone number and email address; and

9.1.5 Satisfactorily pass all of our required identity and security validation and verification checks.

9.2 You may only open one Glint Account in your name unless we explicitly approve the opening of additional accounts. Under this Glint Account you may choose to open currency and gold sub accounts.

9.3 You may only open a Glint Account if it is legal to do so in your country of residence. By opening a Glint Account you represent and warrant to us that your opening of a Glint Account does not violate any laws or regulations applicable to you.

9.4 All information you provide during the signup process or any time thereafter must be accurate and truthful. It is your responsibility to keep your details up to date.

9.5 You are responsible for all Taxation, legal and regulatory reporting personal to you in your country of residence or country where you report.

9.6 You may only add payment instruments (such as bank accounts or debit cards) to your Glint Account if you are the named holder of that payment instrument. Any attempt to add a payment instrument of which you are not the named holder may result in us refusing the transaction or suspending or closing your account at our sole discretion.

9.7 Your Glint Account is for private purposes only. You must not use your Glint Account for commercial purposes if you are receiving payments for or in connection with any business activity. We reserve the right to determine whether, in our reasonable opinion, you are using your Glint Account for commercial purposes and if so may suspend and or close your account.

9.8 On opening your account you may automatically receive a card if you live in a country where we are authorised to issue one. Please see our website for details.

  1. Maintaining Your Glint Account

10.1 You must ensure that the information recorded on your Glint Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

10.2 We may contact you by e-mail or in other ways with information or notices regarding your Glint Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with Glint. We shall not be liable for any loss arising out of your failure to retrieve such messages.

10.3 Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the fees charged. You should check your Glint Account balance and transaction history regularly and you should report any irregularities as soon as possible by contacting Client Support.

10.4 For any unauthorised or incorrectly executed transaction on your Glint Account you must notify us without undue delay after becoming aware.

  1. Keeping Your Glint Account Safe

11.1 You must take all reasonable steps to keep your Glint Account login details safe at all times and never disclose them to anyone. Our personnel will never ask you to provide your login details to us or to a third party.

11.2 If you have any indication or suspicion of your Glint Account, login details, password or other security feature being lost, stolen or otherwise compromised, you are advised to change your password and contact Client Support without undue delay. Any undue delay in notifying us may not only affect the security of your Glint Account but may result in you being liable for any losses as a result.

11.3 We may suspend your Glint Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Glint Account or if we reasonably suspect that an unauthorised or fraudulent use of your Glint Account has occurred. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction unless notifying you would be unlawful or compromise our reasonable security interests.

11.4 You must take all reasonable care to ensure that your e-mail account is secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Glint Account.

  1. Closing Your Glint Account

12.1 You may close your Glint Account at any time by contacting Client Support.

12.2 If your Glint Account holds a balance, you may withdraw any remaining funds by contacting Client Support and requesting that the funds are sent to a recognised bank account in your name in a manner that is reasonably acceptable for us.

12.3 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Glint Account.

  1. Uploading Funds

13.1 You can upload funds by visiting the Glint app and following the relevant upload instructions. You may be presented with a number of different upload methods depending on which payment methods are available in your country of residence.

13.2 Upload methods are payment services provided by third party financial institutions and are not part of our service. We do not guarantee the use of any particular upload method made available, and may make changes to or discontinue the acceptance of any particular upload method at any time

13.3 Glint is in no way responsible for any charges made by 3rd Party payment institutions and will credit only the received cleared funds.

13.4 We will only accept payments from and pay back to bank accounts, cards or other financial instruments that are in the name of the Glint account holder.

13.5 You may be asked to provide information such as proof of funds that we may reasonably require to ensure proper authorisation of an upload transaction.

13.6 If you choose an upload method using a payment instrument that may be subject to chargeback rights such as (but not limited to) debit card or direct debit, you declare that you will not exercise such chargeback right other than for unauthorised use of the payment instrument.

13.7 Funds received no later than 4pm on a Business Day, will be treated as received in that business day. Funds received after this time will be treated as received the next business day, unless we stipulate otherwise.

13.8 Uploaded funds will be credited to your Glint Account after the funds have been received and available for use by us. Some upload transactions, such as those by debit card, direct debit or direct banking may be credited to your Glint Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time. In which case we will deduct such reversed transaction from the balance of your Glint Account.

13.9 You must not make an upload through a payment instrument if you are not the named holder of that payment instrument. Without prejudice to claiming further damages, if we are required to return funds uploaded, we may charge an administration fee of £25.00 per upload return to cover our banking costs.

13.10 Uploads may be subject to upload limits due to security and legal requirements and to fulfil its regulatory obligations Glint may require further details regarding source of those funds.

  1. Trading Gold, FX and payments

Advice

We are not providing you with any advice regarding your decisions to buy or sell gold, foreign currency or card spend in gold.

The Services

14.1 We will provide facilities for you to buy and sell currency and gold.

14.2 Once a trade or transaction has been submitted it cannot be altered, cancelled or rescinded.

14.3 When you trade you rely solely on your own judgement. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any transactions, taxation, or markets.

14.4 We may at our absolute discretion refuse any trade or transaction without giving any reason and without liability for any loss or damage incurred by you or any other party.

14.5 We will not transfer to you any funds representing the benefit of any fluctuation in currency or gold arising after a trade has been entered into.

14.6 We may request from you, from time to time, information regarding you and your financial affairs as they relate to Glint, required, in our judgement for compliance with legislation governing money laundering or other matters.

14.7 In the event of any transaction, you must have sufficient funds available in you Glint Account to settle any transaction plus any fees or charges prior to submitting a trade or transaction.

14.8 Glint reserve the right to add margin to exchange rates in the event of loss of price feed or when the market is not trading it is your choice to accept any rate provided by Glint.

14.9 We shall make all payments due to you under this Agreement in full unless required by law to make deductions.

14.10 In order for a payment instruction from you to be properly remitted, you must provide us with the information or unique identifier which is necessary for the proper execution of the transaction. The information could comprise the payee’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number.

14.11 If the information is incorrect, it could result in the payment transaction being delayed or the funds transferred being lost. We reserve the right to charge an administration fee to rectify any errors.

14.12 A withdrawal of your funds for whatever reason can only be made to a bank account in your name.

14.13 Glint may, at its discretion, make payments via any reasonable method open to them.

14.14 If a transaction results in a negative balance in your Glint Account, you will be required to repay such negative balance by uploading sufficient funds into your Glint Account in a reasonable and timely manner. Failure to do so is a breach of these Terms of Use. We reserve the right, at any time, to send you reminders or to take other debt collection measures. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.

14.15 If you fail to make any payments due to us then we may charge you interest at the rate of 3% over London Interbank Rate.

  1. Withdrawing funds

15.1 You can request a withdrawal of all or part of the funds held in your Glint Account at any time. We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time as long as there is at least one withdrawal method available to you.

15.2 Glint is not responsible for and are not in control of 3rd Party charges that may be levied from time to time on transactions to and from you.

15.3 Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen.

15.4 You must not make a withdrawal to a bank account or other payment instrument if you are not the named account holder. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a payment instrument that is not in your name, we may charge an administration fee.

15.5 You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account is in your name, account number, sort code, IBAN and/or BIC/SWIFT are correct.

  1. Prohibited transactions

16.1 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party.

16.2 We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.

16.3 You may not use our services if you are residing in any of the following countries: Iran, Iraq, North Korea, Syria and Ukraine. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice.

16.4 We reserve the right to suspend or terminate your Glint Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

16.5 It is strictly forbidden to use your Glint Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Glint Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

16.6 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to: reverse the transaction; and/or close or suspend your Glint Account; and/or report the transaction to the relevant law enforcement agency.

  1. Fees

17.1 Transaction related fees can be viewed at any time in the “Fees” section of our FAQs.

  1. Your Data

18.1 The processing of your data is governed by our Privacy Policy which can be found on our Website. By accepting these Terms of Use, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with these Terms of Use.

  1. Our Liability

19.1 in case of an unauthorised payment or a payment that was incorrectly executed due to an error by Glint, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:

19.1.1 Where the unauthorised payment arises from your failure to keep the personalised security features of your Glint Account safe in which case you shall remain liable.

19.1.2 If you fail to notify us without undue delay of any loss of your login details or other event that could reasonably be expected to have compromised the security of your Glint Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;

19.1.3 If the transaction was unauthorised but you have compromised the security of your Glint Account with intent or gross negligence in which case you shall be solely liable for all losses; or

19.1.4 IF you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.

19.3. You must check the transactions history of your Glint Account regularly and contact Client Support immediately if you have any questions or concerns.

19.4. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.

19.5 We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.

19.6. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

19.7 We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another Glint client.

  1. Termination and suspension

20.1 You may terminate your Glint Account with us at any time by giving us notice.

20.2 In the event of termination we may give you reasonable instructions on how to withdraw remaining funds.

20.3 We may at any time suspend or terminate your Glint Account without notice in cases where:

20.3.1 You breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

20.3.2 You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or

20.3.3 We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.

20.4 We may suspend your Glint Account at any time if:

20.4.1 We reasonably believe that your Glint Account has been compromised or for other security reasons; or

20.4.2 We reasonably suspect your Glint Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

  1. Changes to these Terms of Use

21.1 These Terms of Use and any additional terms and conditions that may apply are subject to change.

21.2 We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Glint Account.

21.3 If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Glint Account. Your Glint Account will be closed in accordance with the provisions above.

  1. How we communicate

22.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Glint Account profile.

22.2 Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4pm on a Business Day. If it is received in your email inbox after 4pm on a Business Day or at any other time, it will be deemed received on the next Business Day.

22.3 Where legislation requires us to provide information to you on a durable medium, we will make it available to you or send you a notification pointing you to information on our website.

22.4 If you are unsure whether a communication is originating from us, please contact Client Support.

22.5 We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

22.7 Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.

22.8 You may contact us at any time by contacting Client Support.

22.9 Glint may record your calls. Both parties agree and consent to the recording of telephone conversations between the parties or their representatives without an automatic warning tone. The parties agree to the use of any such recordings as evidence in any dispute or anticipated dispute between the parties.

  1. Complaints

23.1 Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Client Support. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We will send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure.

23.2 You may request a copy of our complaints procedure at any time.

23.3 If your complaint is not resolved to your satisfaction, you may contact the Financial Ombudsman Service at Exchange Tower, London, E14 9SR, United Kingdom. For additional contact details you may visit the website at www.financial-ombudsman.org.uk.

  1. Miscellaneous

24.1 No person other than you shall have any rights under these Terms of Use

24.2 Your Glint Account is operated in the United Kingdom and these Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales.

24.3 Any dispute under these Terms of Use or otherwise in connection with your Glint Account shall be brought exclusively in the courts of England and Wales.

24.4 If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Card Terms & Conditions

SUTTON BANK CARDHOLDER AGREEMENT

CARDHOLDER AGREEMENT / TERMS & CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY.  THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“ARBITRATION” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

GLINT CLIENT SUPPORT CONTACT INFORMATION:

Mailing Address: Glint Pay 5720 Flatiron parkway, Boulder, CO 80301

Website and Phone Number: www.glintpay.com  or [please add phone Number]

  1. About Your Card

This Cardholder Agreement (“Agreement”) constitutes the agreement between you, and Sutton Bank Attica, Ohio (“Sutton Bank” or “Issuer”), outlining the terms and conditions under which the Glint Mastercard Card has been issued to you by the Issuer. The Issuer is an FDIC insured member institution. “Card” means the Prepaid Mastercard Card issued to you by Sutton Bank which enables you to make certain electronic fund transfers to and from your prepaid Card Account with Sutton Bank. If you do not agree to the terms and conditions contained in this Agreement, do not activate or use the Card and contact Glint Client Support to cancel your Card.  “Card Account” means the records we maintain to account for the funds associated with the Card. All Cards are issued by the Issuer and distributed and serviced by Glint Pay Services Limited. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer and its respective successors, affiliates, or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card and will not enhance your credit rating. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, is not for resale, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement.

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

Record your Card number and the Glint Client Support telephone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed.  Keep the paper in a safe place.  Please read this Agreement carefully and keep it for future reference.

  1. DESCRIPTION OF YOUR CARD

The Card is a prepaid card, useable wherever cards bearing the applicable payment network brands on your Card is accepted. The Card is not a gift card. The Card is not a device that accesses money in an individual checking or savings account. When you use your Card, you are redeeming the value on the Card and not making a withdrawal from a checking or savings account. You may use your Card to make purchases at any merchant that accepts Mastercard debit cards, subject to your available Card Account balance and the other terms and conditions of this Agreement. You may not use your Card for any online gambling, escort services or any illegal transaction. The Card will have a printed expiration date and the Card will expire, in accordance with applicable law, on the expiration date. If your Card Account is in good standing and you have available funds on the Card, we will issue you a new Card upon expiration. The Card is our property and is nontransferable. We may revoke or suspend your Card or any features or services of your Card at any time without cause or notice. You must surrender a revoked Card and you may not use an expired or revoked Card. You are required to notify us promptly if the Card is lost or stolen.

Activating Your Card: You must activate your Card through the Glint App before it can be used. To activate your Card, contact Glint Client Support. Your Card will not be available for activation until Sutton Bank has verified your identify.

  1. IMPORTANT INFORMATION ABOUT OPENING A NEW CARD ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you open an Account and Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

  1. Personal Identification Number (PIN)

To protect the use of your Card, you will be provided with a personal identification number (“PIN”), which must be used on all automated teller machine (“ATM”) transactions and PIN transactions. You should not write or keep your PIN with your Card.  Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious.  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Your Liability for Unauthorized Transfers” below.

  1. Authorized Card Users

You may not permit another person to have access to your Card, Card PIN or Card number.  If you do provide access to your Card or Card number, you are liable for all transactions incurred with the Card or Card number. You are wholly responsible for the use of the Glint Card according to the terms of this Agreement subject to the section labeled “Your Liability for Unauthorized Transfers” below, and other applicable law.

  1. FDIC Insurance

All funds associated with the Card shall be held in an account with the Issuer for your benefit, with the balance of such funds to be reduced through your use of such funds or through the imposition of fees and other charges in accordance with the terms and conditions of this Agreement.  If you have provided us with the personal information described in the paragraph above labeled “Important Information about Opening a New Card Account,” then such funds are insured by the Federal Deposit Insurance Corporation (“FDIC”) up to the maximum amount specified by FDIC regulations.

  1. Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant  to us that:  (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) a copy of this Agreement is available in the Glint App and Glint website and You agree to be bound by and to comply with its terms; and (vi) you accept the Card.

  1. Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability

WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM.   IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES.   IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT AVAILABLE ON THE CARD.

  1. Cash Access; Account Access; Limitations

You acknowledge and agree that the value available in the Card Account is limited to the balance of the Card Account.  Nevertheless, if any transactions cause the available balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees.  You agree to pay us promptly for the negative balance.  If you do not promptly add sufficient funds to your Card Account to cover the negative balance, we may cancel your Card Account and pursue collection.  We further reserve the right to offset any negative balance by any current or future funds you may load to or maintain in your Card Account or funds in any other Card Account you maintain with us now or in the future.

You may use your Card to purchase or lease goods or services in the United States and District of Columbia online, by mail or telephone wherever MASTERCARD debit cards are accepted as long as you do not exceed the value available in your Card Account. You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein. If you do not have enough funds available in your Card Account for the amount authorized by you, your transaction will be declined. If you do not have enough funds available in your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you use your Card number without presenting your Card (such as for an online transaction), the legal effect will be the same as if you used the Card itself in-store. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions made with your Card. Nevertheless, if a transaction exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction.

Cash Access. With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Visa Interlink acceptance mark, or you may use the Card to withdraw funds at any POS device, as permissible by a merchant, that bears the Visa Interlink Acceptance Mark. Some of these services may not be available at all terminals. Any funds withdrawn from an ATM or POS device are subject to the transaction limits established under this Agreement.  If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location.

When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fee. The amount of the fee should be disclosed at the ATM. Any such fee will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM.

PIN and Non-PIN Transactions: Merchants may limit the available options for the type of transaction you wish to conduct or may let you choose between a PIN (“Debit”) transaction or a signature (“Credit”) transaction at the point of sale. To initiate a signature transaction at the point of sale, select “Credit” and sign the receipt (if required by the merchant).  To initiate a PIN transaction at the point of sale, select “Debit” and enter your PIN at the point of sale terminal.  For mail order, telephone, Internet or other card-not-present purchases, merchants may choose to route a transaction as a PIN transaction without asking you to enter your PIN.

Foreign Transaction Fee: If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued (“Foreign Transaction”), you will be charged a fee equal to 0.5% on the total amount of the transaction in U.S. Dollars.  The card association may consider transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to a Foreign Transaction Fee.  If the Foreign Transaction results in a credit due to a return, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.

Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Card Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven (7) days for the hold to be removed. During that period, you will not have access to the funds subject to the hold. Please be advised that you may experience difficulties using your Card at unattended vending machines, kiosks, and gas station pumps. If your Card is declined at a “pay at the pump” gas station even though you have sufficient funds available, you should pay for your purchase inside with the cashier.

Limits: please see fee’s and limits table below

  1. Loading Your Card

You may add funds to your Card Account, called “loading,” by: (i) Automated Clearing House (“ACH”) loads (e.g., direct deposit) (ii) Debit Card. Each load may be subject to a fee pursuant to the Fee Schedule provided below.  The amount of each load must be at least $10.  There may also be maximum load restrictions we may place on your Card when aggregated with any other Cards you have.  You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time.

FEDERAL PAYMENTS:  THE ONLY FEDERAL PAYMENTS THAT MAY BE LOADED TO YOUR CARD ACCOUNT VIA AN ACH CREDIT ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER.  IF YOU HAVE QUESTIONS ABOUT THIS REQUIREMENT, PLEASE CALL GLINT CLIENT SUPPORT.

  1. When Value on your Card is Available

Loads are available on the business day when final collected funds are received by us unless a longer time is permitted by applicable law.

  1. Additional Card Features

We may offer additional products, features and services to you in connection with your Card, such as SMS text message and e-mail alerts, mobile account services, bill payment services, a loyalty program, and a savings account. Additional terms and conditions may apply. Contact Glint Client Support or log on the Glint App or Website for additional information and applicable terms and conditions.

  1. Preauthorized Transfers

Preauthorized credits:  If you have arranged to have direct deposits made to your Card Account at least once every 60 days from the same person or company, you can contact Glint Client Support to find out whether or not the deposit has been made.

 

Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your Card Account, you can stop any of these payments.  Contact Glint Client Support in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  We will charge you for each stop-payment order you give (SeeFee Schedule” paragraph below).

 

Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.  You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

 

Liability for failure to stop payment of preauthorized transfer:  If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

  1. Refunds and Returns

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant.  If the merchant credits your Card, the credit may not be immediately available.  While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

  1. Card Replacement

If you need to replace your Card for any reason, please contact us at Glint Client Support to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc.  We reserve the right to require an affidavit signed by you and conduct an investigation into the validity of any request. There is a fee for expedited shipping of a replacement Card in the amount shown in the paragraph of this Agreement captioned “Fee Schedule” below, which will be deducted from the balance associated with the new Card. It may take up to thirty (30) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.

  1. Card Expiration

The Card plastic is valid through the expiration date shown on the front of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use your Card after the valid through date; however, you may request a replacement Card at no cost to you by following the procedures in the paragraph labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.

  1. Receipts

You should get a receipt at the time you make a transaction using your Card.  You agree to retain, verify, and reconcile your transactions and receipts.

  1. Card Account Balance/Periodic Statements/Cardholder Agreement

You are responsible for keeping track of your Card Account available balance.  Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction.  You may obtain information about Your balance and transaction history by logging in to Your Glint App.  You also have the right to obtain a written history of account transactions by calling, emailing or writing to Glint Client Support.

A copy of this Agreement is available to you on the Glint App and our Website at www.glintpay.com.

  1. Fee Schedule

Fee Types

Load/Top Up Fee Limit Period Notes
Debit Card Free $2,000 Daily We only accept Bank debit cards for load. We do not accept Credit cards for load.
Bank Transfer-in Free N/A N/A For larger transactions we may require proof of source of funds

 

Glint Transaction Fees & Limits Fee Limit Period Notes
Gold Fee 0.5% N/A Value of exchange transaction
FX Fee 0.5% N/A Value of exchange transaction
Withdrawal & closures Free N/A We will only make payments to an account in your name
Gold Storage & Insurance Fees Free
Liquid Gold Free* Includes Insurance fee
Reserve Free Includes Insurance fee

 

Card Fees & Limits Fee Limit Period Notes
ATM withdrawal $1.50 $300 Up to per day
Point of Sale Free $5,000 Max spend per day
*max. annual fee of 0.125% charged for Insurance & Storage starting 1st Jan 2019.

 

 

  1. Unclaimed Property

Applicable law may require us to report to state government authorities any funds remaining with respect to your Card after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining with respect to your Card to state government authorities as unclaimed property.

  1. Confidentiality

We may disclose information to third parties about you, your Card, or the transactions you make:

(1)  Where it is necessary or helpful for completing transactions;

(2)  In order to verify the existence and condition of your Card for a third party, such as merchant;

(3)  In order to comply with government agency, court order, or other legal or administrative reporting requirements;

(4)  If you consent by giving us your written permission;

(5)  To our employees, auditors, affiliates, service providers, or attorneys as needed;

(6)  In order to prevent, investigate or report possible illegal activity;

(7)  In order to issue authorizations for transactions on the Card;

(8)  As permitted by applicable law; or

(9)  Otherwise as necessary to fulfill our obligation under this Agreement.

 

Please see our Privacy Policy, available at [Insert Link] for further details. You hereby agree to our collection, use and sharing of information about you and the Card as provided in our Privacy Policy, which is made a part of this Agreement. This Privacy Policy also tells how you can (i) limit the ways we share, or (ii) request corrections to the information we maintain about you.

  1. Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1)  If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

(2)  If a merchant refuses to accept your Card;

(3)  If an ATM where you are making cash withdrawal does not have enough cash;

(4)  If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

(5)  If access to your Card has been blocked after you reported your Card lost or stolen;

(6)  If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

(7)  If we have reason to believe the requested transaction is unauthorized;

(8)  If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(9)  For any other exception stated in our Agreement with you or by applicable law.

 

  1. Your Liability for Unauthorized Transfers

You can temporarily block and un-block your card via the Glint app if you think your card has been lost stolen or You do not recognize a transaction.  If you block your card for any reason you can unblock it later if you find it or recognize the transaction. While the card is blocked you will not be able to use the card, once unblocked it will work as normal.

If you definitely do not recognize a transaction, please block or leave your card blocked and contact Glint Client Support and we will investigate.

Block Your Card and contact us at once if you believe your Card or PIN is definitely lost or stolen.  We will not fully cancel and order a new card until you contact us. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at Glint Client Support.

MasterCard Zero Liability Policy – Guidelines and Limitations:  In addition to your limitations of liability under the Your Liability for Unauthorized Transfers section above, your liability for the unauthorized use of your Card Account may also be limited by Mastercard.  Subject to the limitations and exclusions stated below, under the Mastercard rules, you will have no liability for a transaction that was not authorized by you if you exercised reasonable care in safeguarding the Card from risk of loss or theft, and, upon becoming aware of such loss or theft, promptly reported such loss or theft to us by calling our Glint Client Support number.  The Mastercard Zero Liability Policy is subject to change without notice and changes made by Mastercard will automatically apply to your Card Account.

 

Also, if you become aware of and/or your statement or electronic history shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Your Right to Dispute Errors”.  If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Card has been lost or stolen, we will close your Card Account to keep losses down.  Upon your request, we will issue you a replacement Card.

  1. Assignment; Applicable Law; Severability

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Ohio except to the extent governed by federal law.

  1. Amendment and Cancellation

We reserve the right to change, delete or add to this Agreement and to apply any such modification to a Card and to any available balance on the Card. We will provide you notice of any such modification as required by applicable law. However, if the change is made for security purposes, we can implement such changes without prior notice. You hereby agree to accept all legally required notices by electronic means including posting on our Glint App, web site or, at our election, U.S. postal mail. You hereby acknowledge and agree that all notices or modifications to this Agreement may be made by posting at our web site or other notice to you and become effective on the later of ten (10) days after the date of the notice or the effective date specified in the notice unless you cancel your Card in accordance with this Section 26. If you use your Card after such notice or modification is provided, you are agreeing to the change. Please visit the Glint App or our Website for our current Terms and Conditions. If we decide not to enforce our rights or charge a fee in one situation, we are not giving up our right to enforce it or to charge the fee in a later situation.

If you want to cancel the Card, please contact Glint Client Support. Upon cancellation of your Card, we will continue to honor transactions you have made up until your Card cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Card, during which regular fees will apply. Cancellation of your Card will not affect any of our rights or your obligations arising under this Agreement before the Card was cancelled. In the event of Cardholder fraud, abuse of the Card Program privileges, or violation of this Agreement (for example, any attempt to sell or exchange your Card), we, in our sole discretion, reserve the right to cancel your participation in the Program. Any funds remaining on the Card after cancellation will be sent to a bank account in your name by any means at our discretion. There is no fee for this service. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.  Any request for a return of funds shall be processed within a reasonable period of time after your request.

  1. Overpayment

We reserve the right to deduct funds from your Card Account in order to correct a previous error or overpayment to you.

  1. Your Right to Dispute Errors

In case of errors or questions about your electronic transactions or Card Account, contact us at as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt.  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.   You may request a written history of your transactions at any time by contacting Glint Client Support. You will need to tell us:

  1. Your name and Your Glint Customer Reference
  2. Why you believe there is an error, and the dollar amount involved
  3. Approximately when the error took place

 

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear 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. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation.  Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this Section 28. If you need more information about our error-resolution procedures, please contact Glint Client Support.

  1. No Warranty of Availability or Uninterrupted Use

From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including the available balance of funds associated with your Card.  Please notify us at the Glint Client Support number stated below if you have any problems using your Card.  You agree that the Issuer, Glint Pay, and their respective affiliates, employees, or agents are not responsible for any interruption of service.

  1. Website Availability

Although considerable effort is expended to make our Glint App and Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day.  You agree that we will not be responsible for temporary interruptions in service due to maintenance, Website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

You agree to act responsibly with regard to our Website and its use.  You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment.   We advise the regular use of a reputable and readily available virus screening and prevention software.

  1. English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

  1. Glint Client Support

For Glint Client Support or additional information regarding your Card, please contact Glint Client Support.

Glint Client Support agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.

  1. Telephone Monitoring/Recording

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our Glint Client Support or as required by applicable law.

  1. No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

  1. Section Headings

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

  1. Entire Understanding

This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.

  1. Arbitration

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Card, your acquisition of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

We will pay the initial filing fee to commence the arbitration.

You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery.  All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator.  The arbitrator’s award will be binding and final.  Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity.  If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Section 37 (“Arbitration”), “We” or “Us” shall mean the Issuer, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD, SAVE YOUR RECEIPT AND CONTACT GLINT CLIENT SUPPORT TO CANCEL YOUR CARD AND TO REQUEST A REFUND.

This Cardholder Agreement is effective [Insert Date].

 

 

DOCS/2152150.1

Gold Account Terms & Conditions

Gold Account Terms & Conditions

Effective Date: 20th November 2017

Please read this Agreement carefully. It sets out the terms of a legally binding agreement between you and Glint.

This Agreement sets out the terms and conditions upon which you contract with Glint and which govern your relationship with Glint. By signing up as a Glint client, you are agreeing to the terms and conditions of this Agreement. The English language version of the Agreement is the only legally binding version, with any translations in other languages being provided merely for convenience purposes.

If you do not agree to the terms of this Agreement, you should not sign up to become a client of Glint. You should not enter into this Agreement unless you understand the nature of this business and the extent of your exposure to risk. The value of Gold can rise or fall when measured against exchange currencies and price movements of exchange currencies may change quickly. You assume any exchange rate risk. If you have any questions, please contact us.

This Agreement may change from time to time. We recommend that you revisit this page periodically and print and save the latest copy of this Agreement for your records. We strongly recommend that you read these terms and conditions in their entirety.

You should refer to Clause 21 in the Glint Terms of Use to see the ways in which we may amend these Terms.

Don’t know what something means?

This Agreement uses a number of special words with a particular meaning. You will find a glossary of terms at clause 1 of this Agreement to help you understand what these words mean.

If you do not understand any aspect, you can contact us for further information in the following ways:

support@glintpay.com

 

DEFINITIONS
Interpretation

In this Agreement, unless otherwise expressly stated or the content requires otherwise, the following terms shall have the meanings set out below:

Account” means the electronic record kept by Glint of:

(a) the quantity of Gold (other than in Reserved Bars) expressed in grams, kilograms or troy ounces of gold held by or for you or on your behalf at the Vault;

(b) the quantity of Reserved Bars held by or for you or on your behalf at the Vault, which quantity is expressed in whole bars together with corresponding bar serial numbers;

(c) any money held by us on your behalf;

(d) your transactions with us;

(e) our fees for the services provided to you;

(f) any other account held by you in connection with the Glint Services.

Agreement” means these terms and conditions, any account-opening documentation (including an online registration form you complete when applying for an Account) and any other documents, terms and conditions, or policies which are expressly stated by Glint to form part of the agreement between you and us.

Chain of Integrity Standard” means the minimum standard which Gold must meet before it will be accepted by us, which is currently:

(a) in the case of large gold bars, the Good Delivery standards established by LBMA;

(b) in the case of small gold bars, newly fabricated bars produced by an LBMA Refiner and delivered directly by the LBMA Refiner to the Vault.

Cleared Funds” means cash in your Account which is due from a) a sale of Gold that has settled; or b) the crediting of funds to your Account by debit card, direct debit; or bank transfers; and which has cleared the banking process.

Client”, “User”, “you” means a person who has registered and has been accepted by us for the Glint Services.

“Constructive possession” is a general principle that means a person who has possession of property is to be presumed to be the owner of it. However, the law recognises in some cases that physical delivery would be impractical due to the nature or location of the object. “Constructive possession” occurs when a person who does not physically hold property is yet deemed to be in legal possession of it.  By purchasing gold on the Glint Platform, you acquire legal possession of your gold held in custody by the vault.

Gold Current Account” means your Account for gold (other than in Reserved Bars).

Glint”, “we”, “us” or “our” means Glint Pay Services Limited, a private limited company incorporated in England and having its registered office at Tea Building, Unit 4.01, 56 Shoreditch High Street, London, England, E1 6JJ . Glint is authorised and regulated by the Financial Conduct Authority (reference number 900657) under the Electronic Money Regulations 2011 as a firm with permission to issue electronic money and provide payment services.

Glint Platform” means the Glint Website, the Glint Application, Application Programming Interface (“API”)[, and any associated Glint systems or mobile applications] (together, the “Glint Platform”).

Glint Services” means the Glint Platform and any of the services provided to you by Glint, together with the Glint Platform.

Glint Website” means the public and private website accessible at www.glintpay.com as amended from time to time.

Gold” means physical gold that meets the Chain of Integrity Standard. Glint records the Gold held by or for you or on your behalf in grams, kilograms or troy ounces and Reserved Bars as described above in the definition of the term “Account”.

Gold Transfer” or “Gold Peer-to-Peer” means the transfer of Gold in accordance with clause 4.4 of this Agreement from one User, on their instruction, to another User or Glint that is recorded by debiting the corresponding amount of Gold from the transferor’s Account and crediting the same to the transferee’s Account;

LBMA” means the London Bullion Market Association.

LBMA Good Delivery List” means the list maintained by the LBMA of accredited refiners. Further information can be obtained at http://www.lbma.org.uk/;

LBMA Refiner” means a refiner accredited by the LBMA as specified on the LBMA Good Delivery List

Reserved Bar” means a whole bar of Gold, and not a fraction of a bar of Gold, which is recorded in the Account as your exclusive property and in which no other person has any share.

Gold Savings Account” means your Account for Gold in Reserved Bars only.

Security Information” means a user identification name, code, personal identification number, password or such other security information as we may determine for use in connection with the Glint Services.

Vault” means the service provider appointed by us in accordance with Clause 2.0 to store Gold for or on behalf of all Clients.

OPERATING PROVISIONS
1.0 Your Gold Accounts

1.1 All Gold Accounts (current or savings accounts) operated by Glint are allocated Gold accounts. This means that the Gold is stored under a safekeeping or custody arrangement at the Vault by or for you or on your behalf. The Vault does not retain a proprietary interest in the Gold.

1.2 For your Gold Current Account:

(a) each unit on your Account represents a gram or ounce (or a part thereof) of the Gold constituting varieties of sizes of bars held in a designated precious metals storage facility at a Vault;

(b) units recorded in your Account represent and are evidence of your proportionate share in the Gold. The number of units represented by the credit balance in your Account quantifies the total of all your interests in the Gold at the relevant the Vault;

(c) the number of units held by all Clients which is recorded in the Accounts always represents an identical amount of Gold held in the Vaults;

(c) the Gold held in each Vault is owned in common in proportion to the credit balance of relevant units as recorded on the relevant Account by all the relevant Clients.

1.3 You can obtain units where your Account allows you to make or receive Gold Transfers, receiving units from another User. When you obtain units, you acquire or increase your undivided interest in the relevant Gold (in your Gold Current Account) by an amount equal to the value of the money paid for the purchase.

1.4 Any credits that you obtain through a Gold Transfer represent the transfer of a proportionate share of the relevant Gold from the transferor to your Account whether or not such transfer is made in relation to the sale or purchase of any goods or services or otherwise.

1.5 Reserved Bar(s) in your Gold Savings Account will be reserved exclusively to you as your property. Your ownership of the Reserved Bar will be evidenced by the record in your Account which will record the quantity of Reserved Bars held by you or for you or on your behalf at the Vault, which quantity is expressed in whole bars together with corresponding serial numbers. No fraction of a bar may be held as a Reserved Bar.

2.0 Storage and Insurance
2.1 You authorise us to arrange for the storage, transportation, and insurance of your Gold. This authority shall be deemed to include an authority to enter into contracts on your behalf as your agent in respect of the storage, transportation, or insurance of your Gold but shall not be construed as an obligation to enter into any such contracts.

2.2 Subject to Clause 3.0 (Reserved Bars), title to the Gold in allocated storage at the Vault shall at all times vest in all owners in common of that Gold. If and to the extent that Glint has a residual interest in the Gold so held, including any rights against third parties, this will be held on behalf of the owners in common. Glint arranges storage of all such Gold for and on behalf of all owners in common (for these purposes, in respect of your share, we act as your agent).

2.3 Glint only has a proprietary interest in Gold in storage to the extent that it is entitled to deduct from the proceeds of sale payment for fees owing to us and/or the Vault.

2.4 You agree to keep your Gold (and any interest in it) acquired and held under and in accordance with this Agreement free from any liens, encumbrances, charges, or claims.

2.5 Each Vault is obliged to maintain insurance at least equal to one hundred per cent. (100%) of the value of Gold held for Glint and all its Clients.

3.0 Reserved Bars
This clause applies only where you have a Gold Savings Account with us.

3.1 You may elect to hold individual Reserved Bar(s) reserved exclusively to you as your property provided that you hold within one Vault sufficient Gold that matches or exceeds the smallest available bar (which meets the Chain of Integrity Standard) in that Vault. All Reserved Bars that you own will be segregated from other Gold held in the relevant Vault.

3.2 A Reserved Bar may not be sold while it is reserved to you until it has been released by you in accordance with your instructions. Where you hold Gold in Reserved Bars only, by giving an instruction to Glint to make a [payment] or a Gold Transfer, you authorise Glint to de-register as many Reserved Bars in your Account as is required to make the payment and release them.

3.3 Any tax or duty liabilities or obligations attaching to a Reserved Bar held in your name will be yours, as Client and owner of the Reserved Bar. Glint shall bear no responsibility for any tax or duty payable in respect of the Reserved Bar.

4.0 Sale, purchase and transfer of Gold
4.1 You may purchase or sell Gold through the Glint Platform in accordance with this Agreement.

4.2 We may transact in Gold acting as principal or as agent following receipt of your order. We shall transfer ownership of the Gold so obtained to you. Upon depositing the Gold purchased with a Vault, delivery shall occur by way of “constructive possession” which means that you will have ownership of the Gold stored in the Vault.

4.3 You agree that Glint shall have full authority as your agent and in your name to buy, sell, exchange, redeem, hold, convert or otherwise deal with Gold for your Account.

4.4 If you instruct Glint to execute a Gold Transfer (Gold Peer-to-Peer), you authorise Glint to transfer a proportionate share of Gold held by you into another Account you have or to another User nominated by you in the instruction. All such Gold Transfers shall be effected by debiting your Account by the amount representing the quantity of Gold transferred by you and crediting the Account nominated by you in the instruction with the corresponding amount. Gold Transfers cannot be made by transferring Reserved Bars.

4.5 When we accept your order, we will use all reasonable endeavours to carry it out. However, we will not be liable to you for any loss or expense you suffer if we are unable to carry out an order for whatever reason (other than as a result of our negligence, fraud or wilful default) or due to a breakdown or failure of transmission or communication systems or where there is a delay or change in Gold market conditions before the transaction is completed.

4.6 No orders can be placed until an Account has been opened and Cleared Funds received. By placing an order for the purchase of Gold, you agree that you will have sufficient Cleared Funds in your Account required to make the payment including fees to settle the trade.

4.7 You agree that the price for any purchase or sale of Gold for any transaction within your Gold Accounts will be based on real-time LBMA market prices, available in the Glint app.

4.8 You authorise Glint to act upon instructions given securely via your Account. You agree that we are entitled to accept all instructions received by Glint without any further enquiry or verification provided that they are, or appear to be, given using your Security Information.

5.0 Fees and charges
5.1 We will charge fees in respect of the services provided to you under this Agreement as specified in our Fee section (as amended from time to time) which is available on the Glint Website.

5.2 Unless otherwise agreed by us in writing, all amounts (including, without limitation, all fees and charges) payable by you shall be due on demand without set-off, counterclaim or deduction.

5.3 All payments due from you to us under this Agreement shall be made by you in cleared funds unless otherwise agreed by us in writing.

5.4 We reserve the right to collect fees due under this Agreement in Gold (other than Reserved Bars) or the national currency of any territory which is accepted by us in exchange for Gold. You hereby authorise us to deduct from such Gold or currency in your Account any amounts in respect of fees or charges that you may incur by using the services and all other fees, charges, costs and expenses that we may incur in connection with the services we provide to you or pursuant to our relationship with you.

5.5 You agree that we may, at our sole discretion and without notice to you, appropriate the whole or any part of the Gold or Cleared Funds in your Account or, in the case of Gold, sell or convert the same into money and use the Gold so appropriated or the proceeds of that sale or conversion to set-off any of your liabilities or obligations to us whether in respect of fees and charges or any other monies due to us.

Set-off
Glint may, without limiting its other rights or remedies, set-off any amount owing to it (or to any of its affiliates) by the Client against any amount payable by Glint (or its affiliates) to the Client.

Glint Privacy Policy

Dated May 2018

1. SCOPE OF POLICY

1.1 Glint is determined to protect and respect your privacy. We are registered with the Information Commissioner’s Office under number ZA201362.

This policy applies to your use of:
a) our website at www.glintpay.com (the ” Site”)
b) the Glint app (app) once you have downloaded a copy of the app onto your mobile telephone or handheld device (Device); and
c) any of the services accessible through the app or the Site (the Services)

1.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

1.3 When we say “we”, we mean Glint Pay Services Limited who is the “Data Controller” for the information in this document. This means we are responsible for letting you know how we use your information.

2. INFORMATION WE COLLECT FROM YOU

2.1 We will collect and process the following data about you:

a) Information you give us (submitted information): This is information you give us about you by registering on the app and/or the Site, or by corresponding with us (for example, by e-mail or via the app and/or the Site). It includes information you provide when you register to use the app, download or register the app, subscribe to any of our services, enter into any transaction on the app or the Site such as a Top Up, Bank Transfer, withdraw, enter a competition, promotion or survey and when you report a problem with an app, the Services, or the Site. If you contact us, we will keep a record of that correspondence.

b) Information connected to your usage of our product, technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information and the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.

c) Details of all transactions you make with us including date, time, amount, currencies used, exchange rate, beneficiary details, details and location of the merchant or ATMs associated with the transaction, and any other information you provide us to prove your eligibility to use our services.

d) Information about you and your device. Each time you visit the App or our Site we will automatically collect the following information:

• information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information and any phone number used to call our client service number;
• information from your address book, and login information.

e) Location information. We use GPS technology and your IP address to determine your location. This is used to prevent fraud, for instance if your mobile phone is saying that you are located in the UK, but your card is being used in Spain, we may not allow that transaction to be processed. Our card protection and fraud-prevention measures require this personal data for the feature to work.

If you wish to use this feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by de-selecting “location-based security” on the Card Security part of the App

f) Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, fraud prevention agencies, customer service providers, developers, social media organisations such as Facebook, Twitter and/or Google).

3. HOW WE USE THE INFORMATION

3.1 We use information held about you in the following ways:
• to carry out our obligations arising from any transactions you enter into with us, for example Top Ups, Bank Transfers, Withdrawals, ATM Withdrawals and Glint Card Purchases and to provide you with the information, products and services that you request from us;
• to verify your identity to protect against fraud, comply with financial crime laws and to confirm your eligibility to use our products and services; and to comply with our regulatory obligations.
• to notify you about changes to our service;
• to administer our Site and the app for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• as part of our efforts to keep our Site and the app safe and secure;
• to measure or understand the effectiveness of our communications with you.

3.2 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.

3.3 We will not disclose information about identifiable individuals to third parties, but we may provide them with anonymous aggregate information about our users for the purposes of;
• the improvement and optimisation of our site by using analytics and search engine data;
• third parties to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services.

3.4 We will disclose your personal information to third parties:
• If Glint or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

4. WHERE YOUR DATA IS STORED

The data that we collect from you will be transferred to, and stored at, a destination inside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for Glint or for one of our suppliers.

5. YOUR RIGHTS

• You have a number of rights relating to your information. This includes the right to access the personal data we hold about you, to ask us to update incorrect or incomplete details, to object or restrict the processing of such data or to obtain a copy of it.
• You have the right to withdraw your consent for us to use your data at any time.
• We will only keep your personal information for as long as you have a relationship with us. After that relationship ends, we may need it for legitimate purposes such as responding to queries, complaints, requests from regulators or for other reasons related to financial crime investigations. Otherwise we will then delete it securely and safely.