Terms and Conditions

This document constitutes the user agreement (hereinafter referred to as the agreement) outlining the terms and conditions under which the VCard Prepaid Access Card (hereinafter referred to as VCard) has been issued to you. By accepting and using this VCard, you agree to be bounded by the terms and conditions contained in this Agreement.

In this Agreement, "Card" means the VCard Prepaid Access Card (VCard) issued to you by Unique Media Design Limited (hereinafter referred to as the issuing company). "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," "our," and "issuer" mean Unique Media Design Limited, our successors, affiliates or assignees.

The Card will remain the property of the issuing company and must be surrendered to us upon request. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice to you.

  1. Disclaimer
    • The Card is a Prepaid Access Card that gives you access to funds for the sole purpose of online purchases with our authorized merchants. The Card does not constitute having a checking, savings or any other bank account with us and is not connected in any way to any other account you may have. The Card IS NOT a credit or debit card.
    • You will not receive any interest on your funds on the Card. The funds on your Card can only be used for online purchases with our authorized merchants.
  1. Eligibility
    • You must be at least 18 years of age and have a physical address in Jamaica to receive a Card. We reserve the right to decline your application if we are not able to fully verify your personal information.
    • Any misleading information provided by you to us will deem your application void.
  1. Unauthorized Users
    • You are required to keep your Card number secured at all times to prevent unauthorized use. You will be liable and we are not responsible for any transactions and fees incurred by you or any other individual who may have access to your card whether authorized or unauthorized.
  1. Loading Your Card
    • All funds on your card are referred to as virtual credit. You may add virtual credit, at any time subject to the restrictions set forth below.
    • You may add value or load your Card at participating and authorized retail Virtual Credit Partners. The retail Virtual Credit Partner may impose limitations on the frequency and number of loading transactions. By loading your card at any participating retail virtual credit partner you agree to abide by the terms and conditions setforth by that partner. Other than the limitations that may be imposed by retail virtual credit partners, there is no limit to the number of times your Card can be loaded.
    • You agree to present the Card and meet identification requirements to complete loading transactions as may be required from time to time.
  1. Using Your Card
    • You may use your Card to purchase or lease goods or services wherever the Card is honored. If you have insufficient funds, your Card will be declined.
    • For security reasons, we reserve the right to limit the number of transactions you can make with your Card. Your Card cannot be used to redeem cash. A daily spending limit of J$100,000.00 is imposed on every Card. The maximum value of your Card is restricted to $100,000.00. You may not use your Card for any illegal or gambling activities.
    • You are required to keep track of the balance on your card at all times. You may call our customer service number shown on your Card and listed below at any time to obtain the current balance on your Card. To reach a live customer service agent, please call (876) 924-7153. Our business hours are Mondays through Fridays, 8 a.m. to 5 p.m., excluding public holidays.
    • Each time you use your Card, you authorize us to reduce the value available on your Card by the value of the transaction. You are not allowed to exceed the available amount on your Card by any one transaction or series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card your transaction will be declined and a fee of J$200 will be charged to your Card. We reserve the right to bill you for any declined transaction fee of J$200.00. You agree to pay us promptly for any declined transaction fees. We also reserve the right to cancel your Card should you create one or more declined transactions with your Card.
    • If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days.

  2. Returns and Refunds
    • If you are entitled to a refund for any goods or services obtained with your Card, you agree to accept virtual credits to your Card for such refunds. All refunds are debited or credited to your V Card. However, if you no longer wish to use virtual credit to continue shopping on the mall you agree to have the equivalent in Jamaican dollars from your VCard transferred to any commercial bank account that you supplied. The amounts credited to your Card for refunds may not be available for up to five (5) business days from the date the refund transaction occurs.
  1. International Transaction Fee
    • If you make a purchase in a currency other than the currency in which your VCard was issued, the amount deducted from your funds will be converted by us in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by us from the range of rates available in wholesale currency markets for the applicable central processing date.
  1. Receipts
    • You should obtain an electronic receipt at the time you make a transaction with your Card and you are obligated to print and retain your receipt to verify your transactions.
  1. Periodic Statements
    • Statements in electronic format will be made available free of charge at www.virtualmalljamaica.com/myaccount during each month in which a transaction occurs. You may choose to have a paper statement mailed to you for which a fee is applicable.
  1. Fees and Charges
    • The fees set forth on the attached schedule of fees will be charged for the issuance, maintenance and use of your Card. You agree these fees may be deducted from any value that is to be transferred to your Card or that is stored on your Card.
  1. Confidentiality
    • We may disclose information to third parties about your Card or the transactions you make:
      1. Where it is necessary for completing transactions;
      2. In order to verify the existence and condition of your Card for a third party, such as a merchant;
      3. In order to comply with government agency, court order, or other legal reporting requirements;
      4. If you give us your written permission, or;
      5. To our employees, auditors, affiliates, service providers, or attorneys as needed.
  1. Our Liability for Failure to Complete Transactions

In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. In addition, we will not be liable for any damages:

  • If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
  • If a merchant refuses to accept your Card;
  • 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;
  • If access to your Card has been blocked after you reported your Card lost or stolen;
  • If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
  • If we have reason to believe the requested transaction is unauthorized;
  • 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;
  • Any other exception stated in our Agreement with you.
  1. Your Liability for Unauthorized Transfers
    • Contact us IMMEDIATELY if you believe your Card was lost or stolen by calling (876) 924-7153 is the best way of keeping your possible losses down.
    • You may not be liable for unauthorized use of your Card provided that you notify us within a reasonable time after learning of the loss or theft of your Card. Reasonable time will be determined in our sole discretion based on the circumstances but will not be less than 60 days from the transaction date.
    • If your Card was lost or stolen, we will close your Card to keep losses down. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card, and you agree to cooperate with such investigation. We may ask you for a written statement, affidavit or other information in support of the claim. Also, if your transaction history shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the transaction history was made available to you, you may not be entitled to a refund after the 60 days have expired if negligence can be proven. Our liability is limited to reimbursing you for the face amount of any unauthorized transaction.
  1. Other Terms
    1. Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement.
    2. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.
    3. We do not waive our rights by delaying or failing to exercise them at anytime.
    4. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency the validity or enforceability of any other provision of this Agreement shall not be affected.
    5. This Agreement will be governed by the law of Jamaica.
  1. Amendment and Cancellation
    1. We may amend or change the terms of this Agreement at any time. You will be notified of any changes in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
    2. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by mailing the Card to us along with a written request to the customer service address set forth in this Agreement. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
  1. Information About Your Right to Dispute Errors
    1. In case of errors or questions about your Card transactions, call (876) 924-7153 or write to:

Unique Media Design Limited
157 Constant Spring Road
Shop 15 Casanova Plaza
Kingston 10, Jamaica W.I.

    1. You must contact us no later than sixty (60) days after the statement on which the problem or error appeared was first made available to you. You are required to:
  1. Provide your name and Card number;
  2. Describe the error or the transaction you are querying, and explain why you believe it is an error or why you need more information;
  3. Provide the dollar amount of the suspected error. 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) business days to investigate your complaint or answer your question. 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.

 

    1. For errors involving new Cards, we may take up to ninety (90)business days to investigate your complaint or respond to your 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:

Unique Media Design Limited
157 Constant Spring Road
Shop 15 Casanova Plaza
Kingston 10, Jamaica W.I.

  1. Privacy and Data Protection
  1. Information we collect ("Cardholder Information"):
    1. Information about purchases made with the Card, such as date of purchase, amount and place of purchase;
    2. Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number.
  2. Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
  3. Disclosure: We may use Cardholder Information to process claims for lost or stolen Cards, to help protect against fraud and to conduct research and analysis. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

 

  1. Telephone Monitoring/Recording
    • From time to time we may monitor and/or record telephone calls between you and us for quality and training purposes or as required by law.
  1. No Warranty Regarding Goods and Services
    • We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
  1. Payment Information
    • Do not mail any cash payments. Personal cheques, money orders and U.S. Postal Service money orders will not be accepted as a form of payment and will be returned.
  1. Arbitration
  • This arbitration provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.
  • As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision or this Agreement. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to:
      1. your Card, or the Cards of any additional cardholders designated by you;
      2. the amount of available funds on the Cards;
      3. advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards;
      4. the benefits and services related to the Cards; and
      5. your enrollment for any Card.
  • We shall not elect to use arbitration under the arbitration provision for any Claim that you properly file and pursue so long as the Claim is individual and pending only in the court.

 

SCHEDULE OF FEES
Loading Fees: (top up)

  1. Paymaster - J$105.00
  2. Scotia - J$70.00 (transfer funds online)
  3. NCB - $70.00 (transfer funds online)
  4. Tele-Scotia - $70.00
  5. Monthly Fees - $0.00

Other Fees:

  1. Decline Transaction Fee - J$200.00
  2. Activation Fee - J$0.00
  3. Dormant/in-activity - J$400.00 after 6mths
  4. Cancellation Fee - J$200.00
  5. Transaction Fee - J$0.00
  6. Balance inquiry Fee - J$0.00
  7. Paper Statement Fee (mail) - US$2.00 (J$200.00)
  8. Replacement of VCard - J$200.00
  9. Express Shipping for VCard - J$500.00(inter) J$800.00(intra)

Last Updated: Friday, January 15, 2010