TERMS AND CONDITIONS
1. Introduction – What are these Terms and Conditions about?
1.1. These Terms and Conditions govern your relationship with Breder Suasso Ltd, a company registered in New Zealand under company number 5000060 – whose registered office is at 300 Queen Street, L.11, Auckland, 1010.
Breder Suasso Ltd is not offering services as a Registered Bank or as a licensed Non-Bank Deposit Taker. Breder Suasso is neither regulated nor supervised by the Reserve Bank of New Zealand or the Financial Market Authority.
All other terms and conditions and/or agreements governing your accounts, instruments used and/or the specific services being provided are incorporated by reference to these Terms and Conditions. These Terms and Conditions include specific terms and conditions about use of Payment Cards.
1.2. A copy of these Terms and Conditions will be provided to you when you apply to open an Account and must be returned, signed by you, to us before we open your Account. By applying to open an Account with us, you must read, agree and accept all of the Conditions contained therein.
Returning the Application Form confirms your agreement to these Terms and Conditions.
1.3. We may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon either posting of the modified Terms and Conditions on the website of Breder Suasso Ltd or notifying you of the modifications.
You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the website shall be deemed your acceptance of the modified Terms and Conditions.
1.4. These Terms and Conditions are governed by the law of New Zealand. The New Zealand Courts shall have exclusive jurisdiction to hear any disputes concerning matters involving this site.
1.5. The original English language version of these Terms and Conditions may have been translated into other languages. In the event of inconsistency or discrepancy between the English language version and any other language version of this agreement, the English language shall prevail.
1.6. We will conduct all communication with you, in respect of your account and our services, in English.
2. Definitions of Terms Used
2.1. “Signatory”, “You”, “Client”, “Customer”, “Your”, “Yours”: refer to the account holder, website user, card user and our Breder Suasso Ltd client unless otherwise stated.
2.2. “We”, “Us”, “Our”: refer to Breder Suasso Ltd, its officers and legal representatives unless otherwise stated.
2.3. Account: an account held with Breder Suasso Ltd in the name of the signatory in any of our offered products.
2.4. Agreement: the agreement between Breder Suasso Ltd and you the client/account holder, governed by the Terms and Conditions and legal information mentioned herein.
2.5. Application Form: the form that you need to sign before opening an account at Breder Suasso Ltd.
2.6. Commencement Date: the Fixed Term begins on this date.
2.7. Business Day: any working day on which financial institutions are open (weekends, bank holidays and public holidays are not considered Business Days).
2.8. Cleared: a status which indicates that funds transferred have been received by Breder Suasso Ltd.
2.9. Limit: the maximum amount of money that you can transfer from your Breder Suasso Ltd account using Internet Transfer Services. The limit applies to internal transfers (to other Breder Suasso Ltd accounts) and external transfers (to accounts in other financial institutions).
2.10. Card Payment Organisation: the organisation associating financial institutions which, on the basis of licenses, issue Payment cards provided by Breder Suasso Ltd.
3. Important Information for Account Operation
3.1. If you are a United States of America citizen, Ireland citizen, and/or citizen or a resident of New Zealand you are not eligible to open an account with Breder Suasso Ltd.
3.2. If you are a minor (under the age of 18) you are not eligible to open an account with Breder Suasso Ltd.
3.3. We offer accounts to both individual and corporate clients as long as they meet our requirements.
3.4. We will open an Account only after we:
3.4.1. Process your Application Form; and
3.4.2. Verify your personal/business information and supporting documents; and
3.4.3. Receive your account opening fee.
3.5. In case of a signatory’s death or bankruptcy, Breder Suasso Ltd will follow directions from someone who is authorised by the account holder to close or redeem the account as instructed, after we verify the authority of such a person.
3.6. We reserve the right not to open an account or to close an account without providing any reason.
3.7. Breder Suasso Ltd can call upon other procedures for verifying the account holder’s identity. You are obligated to cooperate with Breder Suasso Ltd officers who may require certain information during the course of this verification.
3.8. You are obligated to inform Breder Suasso Ltd of any changes to the information provided on your Application Form. These changes may be of any kind, such as your legal name, your business name, the nature of your business, details regarding your business’ owners or directors, contact details including telephone and fax numbers, email addresses and mailing address. All such changes must be communicated to Breder Suasso Ltd in writing via email or letter. Please note that Breder Suasso Ltd communicates with its Clients using the latest contact details provided by the account holders. We cannot be held liable or responsible for any loss or inconvenience caused by your inability to inform us in a timely manner of any change in contact details or any relevant details affecting the agreement between us.
3.9. You can open and operate an account in any of the currencies we have available.
3.10. You cannot cancel or change a fund transfer, whether internal or external. You can only change a transfer instruction by providing new instructions using our Internet Transfer Service. Breder Suasso Ltd cannot be held liable for any loss caused by your inability to provide new instructions to cancel or change a funds transfer.
3.11. Only the signatory can give us instructions regarding an account.
4. Changes to these Terms and Conditions
4.1. Customer acknowledges that these Terms and Conditions are subject to amendment, modification or deletion without affecting the validity or enforceability of the remaining Terms and Conditions.
4.2. Breder Suasso Ltd reserves the right to make any change to the Terms and Conditions – by posting the amended Terms and Conditions at the Breder Suasso Ltd website in order to:
4.3. It is your responsibility to keep yourself up to date with Breder Suasso Ltd’s prevailing Terms and Conditions. It is standard practice to send Clients an email (on the most recent email address provided by the signatory) to inform them of changes in the Terms and Conditions. However, we make no promise, nor do we provide guarantees, to send such an email. In any case, we will not be liable or responsible for any loss or inconvenience caused by your inability to keep yourself informed of Breder Suasso’s prevailing Terms and Conditions, which become effective as soon as they are published on this website.
5. General Terms and Conditions
5.1. Breder Suasso Ltd cannot be held responsible or liable for any failure to fulfil its responsibilities as identified by these Terms and Conditions because of malfunctioning equipment or systems utilised by Breder Suasso Ltd or its affiliates.
5.2. We can transfer our rights (such as money you owe us) to a third party at any time and communicate your account details to such parties as we deem necessary.
5.3. If we receive an enquiry relating to your ability to complete certain transactions, we will respond in a generic manner after receiving your written consent.
5.4. If you have multiple accounts at Breder Suasso Ltd, we may combine these as and when we see fit. We may also credit one account for an amount we owe to another account held by you.
5.6. If a payment is fraudulently or mistakenly paid into your account, the amount of the payment may subsequently be deducted. This may happen even if the funds are included in the balance of your account, you have used them to make a payment, have transferred or withdrawn all or part of them. If the deduction of the payment from your account would either make your account go overdrawn or go over an existing overdraft limit, we will treat this as an informal request for an overdraft.
5.7. Breder Suasso Ltd at its sole discretion, reserves the right to limit account access or withdrawals and the right to close an account of any Customer at any time for any or no reason with no prior notice and payment of any unrestricted funds held in custody if there are valid grounds. Valid grounds are assumed under, but not limited to the following circumstances:
5.7.1. Violation of any applicable law or regulation.
5.7.2. Breach of any of these Terms and Conditions.
5.7.3. If there are reasons to believe that the account has been used in connection with unauthorized or unusual Payment card use, including without limitation, notice of same by the Card Payment Organisation.
5.7.4. In case of abuse of the reversal or charge back process provided by the Card Payment Organisation.
5.7.5. Using the account to facilitate fraudulent activity.
5.7.6. Receipt of potentially fraudulent funds.
5.7.7. Using an anonymous proxy.
5.7.8. Sending unsolicited email or posting referral links on websites where they are not permitted.
5.7.9. Returning an incoming transfer due to insufficient funds in the account or an incorrect bank routing/institution and/or account number.
5.7.10. We reasonably believe that the account has been compromised or for other security reasons; or
5.7.11. We reasonably suspect the account to have been used or is being used 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.
5.7.12. Receiving excessive complaints from buyers about your account, business or service.
5.7.13. Submitting altered verification documents.
5.8. Breder Suasso Ltd will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on said limitations. Should your account be limited, all funds will be held for a period of time until the issue is resolved.
5.9. Closing an account does not extinguish the personal data we hold on the customer and we will continue to store such data, including transaction history, for a minimum period of five years as required by law.
5.10. Breder Suasso Ltd at its sole discretion, also reserves the right to immediately suspend or restrict the operation of your account or the provision of any other product or service, without telling you first, including where:
5.11. It is the customer’s sole responsibility to supply updates of documents required for the holding of an account; outdated documents may result in the application of the measures referred to in points 5.7. and 5.10.
5.12. Prohibited Transactions – Breder Suasso Ltd intends to be and to stay a 100% compliant, serious, trustworthy and reputable company. For this purpose our policy is to avoid any suspicious – or just risky – customers and to deal only with persons without any doubtful activities and absolutely no case involved in any suspicious transactions.
Are therefore prohibited: incoming or outgoing payments related to the activities mentioned hereafter or as consideration for the sale or supply of the following:
5.12.1. Drugs or drug paraphernalia including narcotics, steroids, and certain controlled substances that presents a risk to customer safety.
5.12.2. Illegal gambling.
5.12.3. Child pornography or related hardcore content or services of any kind.
5.12.4. Certain firearms, ammunition, weapons, or knives.
5.12.5. Illegal or stolen goods or services.
5.12.6. Government IDs and licenses including replicas and novelty items.
5.12.7. Illegal downloads or any other goods and services infringing intellectual property rights (trademark, patent, copyright) of a third party.
5.12.8. Trading of items or support of organizations that promote hate, violence, or racial intolerance.
5.12.9. Using currency exchangers or aggregation, unless approved by Breder Suasso Ltd.
5.12.10. Forex, involving or not binary options and binary options trading platforms, unless approved by Breder Suasso Ltd.
5.12.11. Any kind of activities with cumulative incoming transfers from individuals, unless in the ordinary or normal practice of the declared business and approved by Breder Suasso Ltd.
5.12.12. Any other good or service in violation of any applicable law, statute, ordinances, or regulations.
5.13. Breder Suasso Ltd reserves the right to add, at its sole discretion, categories of prohibited transactions by adding such categories either to these Terms of Conditions or an acceptable use policy published on the website.
5.14. If you conduct or attempt to conduct any transaction in violation of the above mentioned prohibitions, we reserve the right to:
5.14.1. reverse the transaction; and/or
5.14.2. close or suspend your Account; and/or
5.14.3. report the transaction to the relevant law enforcement authority; and/or
5.14.4. claim damages from you; and
5.14.5. charge you an administration fee of up to NZD 10,000 in case we apply any of the above.
5.15. It is your and not Breder Suasso Ltd responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through Breder Suasso Ltd is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
5.16. Rejection of suspicious incoming transfer Any incoming payment deemed to be suspicious for any reason may be returned by Breder Suasso to the sender with all fees charged to the client’s account. The fees are those of a usual wire transfer as well as a SWIFT confirmation to ascertain the sending account number and to allow the funds to be returned to the same account number. In addition the cost of the transfer fees depending on destination and currency and if applies foreign currency conversion fee may apply.
6. Liabilities and Warranties
6.1. Breder Suasso Ltd is not liable for any damage or loss or delay or failure in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control, or the actions or omissions of third parties including the actions or omissions of correspondent financial institutions, political unrest, war or natural disaster that may affect operations or services.
6.2. Breder Suasso Ltd is not liable for any loss caused by the signatory providing incorrect information at the time of opening an account or at any time after that.
6.3. Breder Suasso Ltd is not liable for any losses or inconvenience caused by damage to or loss of a Breder Suasso Ltd Payment Card, nor through a personal identification number (PIN) or Internet Transfer Services credentials being compromised.
6.4. Customer warrants that he/she is not violating any law or regulation by his/her use of Breder Suasso Ltd and Customer indemnifies Breder Suasso Ltd for any and all liability that might arise from his/her use of Breder Suasso Ltd services.
6.5. Customer agrees to release, indemnify, and hold Breder Suasso Ltd harmless against any claim brought against Breder Suasso Ltd by a third party resulting from Customer’s use of Breder Suasso Ltd services in respect of all losses, actions, proceedings, claims, damages, expenses or liabilities, whatsoever suffered and howsoever incurred, by Breder Suasso Ltd in consequence of Customer’s non observance or breach of these Terms and Conditions.
7. Money Laundering and Financial Sanctions
7.1. Your agreement to these Terms and Conditions is tantamount to your awareness and complete understanding of:
7.2. Certain international sanctions that prevent the free transfer of funds and delivery of products and services to and from specific states, legal entities and individuals and how they may affect Breder Suasso Ltd services and your business operations;
7.3. All applicable laws, rules and policies pertaining to money laundering;
7.4. Breder Suasso Ltd’s irrevocable right to refuse a service if providing that service might violate any relevant international sanction or anti-money laundering regulation.
7.5. Know Your Customers requirements
As part of our ‘Know Your Customer’ (KYC) obligations pursuant to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, we have to gather numerous information about our customers in order to be 100% certain about their identity.
Therefore we are entitled:
While we accept to open an account remotely and charge the client accordingly, the client however accept to go through a face to face identification within six months of the account opening or at any time Breder Suasso Ltd requests the client to do so.
The client consent to submit himself to a physical identification which can be either by meeting a Breder Suasso representative or by using an online identification tool with a trusted partner which will process to the identification with a video call.
The client accepts therefore to own or have access to a computer and a webcam in order to identify himself through this process which requires to be identified through a video call holding his passport or Identification Documents in hands and showing it to the identification agent, and help us or our trusted partner to check the security features by tilting, verifies the Identification Document number and conduct a comprehensive fraud check based on criteria such those enforced by the Financial Intelligence Unit of New Zealand Police or by the Office of Criminal Investigation of the United States of America.
The client consent to be voice and video recorded at anytime Breder Suasso will ask to identify him. The above is put in place by Breder Suasso Ltd to fight against Identification Documents theft and use of accounts by third persons.
The client understands that his account must be and can be managed only by an authorized and identified signatory on the account. Failure to satisfy a face to face or video call identification, the client understand that his account will be suspended and funds be frozen. Same will apply if the client refuses to be identified.
In case of discrepancies between the client face and his Passport or Identification Documents, the identification process will be aborted and Breder Suasso reserves to itself all rights to report it as a fraudulent action to official competent authorities.
8. Guarantees as to Service and Complaints
8.1. The Consumer Guarantees Act 1993 overrides the provisions of these Terms and Conditions and you are entitled to the benefit of the guarantees as to service set out in the Consumer Guarantees Act 1993. However, if you acquire or hold yourself out as acquiring accounts, facilities or other services from us for the purposes of a business, then the Consumer Guarantees Act 1993 will not apply to the accounts, facilities or other services provided.
8.2. If you are not satisfied in any way with the services provided by Breder Suasso Ltd feel free to contact us. You are encouraged to file a complaint detailing the issues you are facing and your concerns regarding our services. At Breder Suasso Ltd utmost client satisfaction is our primary goal. All complaints are resolved swiftly and with minimum inconvenience to the Client.
8.3. You may send your complaint by submitting an online form or by writing to us.
To help us investigate and resolve your complaint fairly, we need the following information:
9. Telephone Calls and Security
9.1. Please note that Breder Suasso Ltd may monitor and/or record telephone conversations between you and any Breder Suasso Ltd officer. This may be done for verification or training purposes, to maximise service quality and in order to serve you in the best possible way.
9.2. No information sent over the Internet is totally secure; the user provides information at his or her own risk.
9.3. Access to the Breder Suasso Ltd website may be unavailable or terminated at any time and this will not affect any disclaimer or limitation of liability made by Breder Suasso Ltd. Breder Suasso Ltd may change the information on its website at any time, without notice to you. Errors are subject to correction.
10.2. Breder Suasso Ltd adopts strict rules of confidentiality about its current and former Customers’ affairs, and will observe all relevant privacy laws and rules of banker’s confidentiality that apply to us. We will ensure that any information held about you is protected securely by safeguards as required by the Privacy Act 1993 and any other applicable laws.
Breder Suasso Ltd will not disclose information about you to any person, except as authorised by you or as required by law.
Information about you may be stored physically or electronically, including in remote facilities, by Breder Suasso Ltd.
10.3. We will do everything reasonable to ensure that your personal information is accurate. Pursuant to the Privacy Act 1993 and other applicable laws, if you are an individual you have rights to see, and request correction of, personal information about you held by Breder Suasso Ltd.
10.4. Pursuant to the New Zealand Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 adopted by New Zealand as participating jurisdiction to the Common Reporting Standard (CRS) developed by the Organisation for EconomicCo-operation and Development (OECD) for the purposes of enabling an Automatic Exchange of Financial Account Information in Tax Matters (AEOI), Breder Suasso Ltd is required to provide information to the New Zealand authorities regarding the identity and assets of its clients.
Section 185N of above mentioned Act lists all details of requirements that Breder Suasso, like all other New Zealand business entities, must comply, including the list of information required.
11.1. Fees depend on whether you are using your account for private or corporate purposes.
11.2. All costs and fees are set forth in a separate schedule published on https://www.bredersuasso.com/fees/.
11.3. Monthly fees are due at the beginning of each month (the first time at the beginning of the month following the account opening); all other fees are due immediately.
11.4. All fees are non-refundable.
11.5. In case of insufficient balance on your account, you authorise us to debit the fees or charges to that account afterwards or from another account.
When you close your account, we debit all fees and charges from the balance to be transferred. If the balance is less than the amount that you owe us, you remain liable to pay the net amount due.
We may charge you for and debit your account for any costs we incur to recover amounts that you owe us. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts; these expenses may include legal fees.
We may also charge you for and debit your account for any costs we incur in order to comply with any request issued under a statutory or court authority for information or documents respecting your account.
11.6. If a payment you have made or instructed us to make is returned as a result of either an error or insufficient information having been provided by you we shall re-credit the relevant amount to your account once we have received the funds.
If a payment we have received to be credited to your account is refused due to prohibited transactions as mentioned under point 5.12., we shall send back the relevant amount to the payer.
In the two circumstances mentioned above, you will be liable for any incidental fees arising or charges incurred. The funds may need to be converted to a different currency so that they can be credited to your account, in which case a fee may be charged.
11.7. As part of these terms and conditions, we may from time to time change the amount, frequency or time for payment of any fees or charges relating to services we provide to you.
11.8. In case of a rejection of a payment by a correspondent financial institution refusing to process a transfer on behalf of a client, fees charged by the correspondent financial institution to Breder Suasso will be charged back to the client account.
TERMS AND CONDITIONS OF PAYMENT CARDS PROVIDED BY BREDER SUASSO LTD
Section I. – Introductory Provisions and Definitions
1.1. The terms and conditions of payment cards provided by Breder Suasso Ltd as “electronic payment instruments” (the “Terms and Conditions”) set out the rules for providing and using the cards described herein as well as the rules for settling transactions made with these cards.
1.2. Your acceptance of these terms and conditions: when you, or your authorised users, first use a card provided by Breder Suasso Ltd, you are agreeing to be bound by these terms and conditions.
2. The terms used herein have the following meanings:
2.1. “We” – Breder Suasso Ltd; similarly “our” and “us”.
2.2. “You” – the “cardholder” i.e. the person who applied for a card, who holds the account and to whom a card has been provided; similarly “your”, and, unless the context indicates otherwise, “you”, “your” and “cardholder” include any “authorized user” i.e. person to whom, at your request, we have provided a card associated with your account.
2.3. “Merchant” – a business entity accepting card payments for the products and services offered.
2.4. “Authorisation” – the cardholder‘s consent for a transaction to be effected in line with these terms and conditions.
2.5. “ATM” (automated teller machine) – a device enabling the cardholder to withdraw cash or perform other operations associated with the card.
2.6. “Card block” – temporary blocking of the card so that the balance is not available and transactions cannot be effected.
2.7. “Internet card service” – service offered via the Internet at Breder Suasso Ltd‘s website (www.bredersuasso.com/balance) allowing the cardholder to check the available balance and transaction history.
2.8. “Card” – a bearer card issued as an electronic payment instrument which can be loaded with an amount of money that can afterwards be used in accordance with these terms and conditions.
2.9. “CVC2/CVV2 code” – a three-digit code on the reverse of the card used to confirm the card’s authenticity in postal, telephone, fax or Internet/email payments.
2.10. “PIN” (personal identification number) – a confidential identification code provided to the cardholder, used in conjunction with the data embedded in the card for electronic identification of the cardholder.
2.11 “Transaction limits” – authorisation limits on the amount and number of transactions that can be made on a card.
2.12. “Payment organisation” – MasterCard Worldwide, Mastercard International or any other organisation or financial institution which, on the basis of licences, issues cards provided by Breder Suasso Ltd.
2.13. “Available balance” – monetary amount up to which card transactions may be effected.
2.14. “POS (point of sale) terminal” – electronic payment terminal where cardholder transactions may be effected.
2.15. “Transaction” – card payment or card cash withdrawal, such as at an ATM.
2.16. “Partial transaction” – a card payment for part of the transaction cost (such as up to the card’s available balance where the transaction amount is greater than that), the balance being settled by another means, e.g. a different payment instrument or cash.
2.17. “Remote transaction” – a cashless transaction effected without the need for physical presentation of the card (via post, telephone, fax or Internet/email).
2.18. “Top-up” – an increase in the available balance by transfer from an account held at Breder Suasso Ltd.
2.19. “Card stop” – permanent block on the use of the card from the payment organisation, either at the request of the cardholder or because of a decision by the payment organisation or Breder Suasso Ltd.
Section II. – General Provisions
3. Provisions relating to the payment card provided by Breder Suasso Ltd.
3.1. The PIN code is communicated to the cardholder in strictest confidence via an online tool, so that it is not possible for any third party to know the PIN. This code may not subsequently be disclosed or handed to a third party.
3.2. The cardholder must sign the card immediately upon receipt. The cardholder may not use the card if he/she has not signed it.
3.3. The card is activated at the cardholder’s first top-up.
3.4. The card is valid until the end of the validity period printed on the front of the card. After the validity period expires, it is no longer possible to effect transactions or load the card. You may not use an expired card, and you are required to destroy it. It is your responsibility to use the available balance on the card before the end of the validity period.
3.5. The card remains the property of Breder Suasso Ltd at all times and may be recalled by us. It may not be copied or reproduced or transferred to a third party. The cardholder agrees to destroy the card or return it to us on request, in the event that you or your authorized users are in breech of one of the terms and conditions. We may issue, renew, replace or revoke the card at our discretion. In certain circumstances, a merchant may also be required to retain the card and you agree to hand over the card to the merchant in such circumstances upon request.
4. Using the card
4.1. The card may be used at any location that displays the payment organisation symbol printed on the card. We cannot be held responsible for a merchant refusing to accept the card for payment.
4.2. The card may be used to:
4.2.1. pay for goods and services at a merchant (complete or partial transactions),
4.2.2. withdraw cash at ATMs or cash desks of banks and other outlets offering this service,
4.2.3. pay for goods or services ordered or provided via post, telephone, fax or Internet/email.
4.3. Transactions referred to in 4.2.1. and 4.2.2. may be effected with the use of the POS terminals and ATMs bearing the payment organisation’s symbol.
4.4. Transactions referred to in 4.2.3. can be effected remotely at merchants displaying the payment organisation’s symbol (on their website, for example) indicating the card is accepted.
4.5. Supplying the long card number to effect a remote transaction may result in the card being debited without the need to confirm the transaction by the cardholder entering the PIN or providing a signature.
4.6. The cardholder may authorise the transaction by:
4.6.1. entering the PIN,
4.6.2. placing a signature (matching the specimen signature on the reverse of the card) on the transaction receipt,
4.6.3. providing the unique data printed on the card and the cardholder’s details; in the case of remote transactions (post, telephone, fax or Internet/email) the cardholder authorises the merchant to debit the transaction amount although the cardholder may not have signed a sales voucher,
4.6.4. presenting the card or placing it in the payment device, as long as the payment organisation does not require the cardholder’s signature or PIN to confirm the transaction.
4.7. In the case of recurring transactions (e.g. subscriptions, licence fees, membership fees), the cardholder consents to subsequent transactions, within the scope agreed with the merchant, in authorising the first transaction in a manner specified in 4.6.
4.8. Transactions authorised by the cardholder in accordance with 4.7. are irrevocable, but the cardholder has the right to withdraw approval for subsequent transactions, referred to in 4.7., in accordance with the rules set out by the merchant.
4.9. The maximum monetary amount the card may hold is EUR 10,000; the card may be loaded up to twice on the same day with a maximum of EUR 5,000 each time. The cardholder is authorised to effect transactions until the card reaches its expiry date and up to the amount of the available balance.
4.10. The card may be used within the limits set out below (limit being the sum of the transaction amount plus any commission payable):
4.10.1. limit of a single transaction at POS EUR 10,000,
4.10.2. daily transaction limit on cash withdrawals at ATMs EUR 3,000 (maximum frequency is 5 withdrawals per day of EUR 600),
4.10.3. the total value of top-ups in a given calendar year may not exceed EUR 80,000.
4.11. The limits mentioned above are indicative only and may be adjusted by Breder Suasso Ltd when circumstances warrant. Different limits apply for cards issued in currencies other than the Euro. The current limits are as published on Breder Suasso Ltd’s website.
4.12. Card top-ups can be made only by transferring money from an account held at Breder Suasso Ltd.
4.13. Transactions are effected in the currency of the country in which they are executed, provided that the payment organisation permits the effecting of transactions in a different currency.
4.14. If the merchant permits transactions in a currency other than the currency of the country in which the transaction is effected, the cardholder, by authorising the transaction, grants consent to any extra fee applied and to the currency exchange rate used by the merchant.
4.15. In the case of transactions executed in a currency other than the card currency, the payment organisation consents to effect the transaction as long as the available balance:
4.15.1. is at least 103% of the transaction value, after converting it to the card currency at the selling exchange rate of that currency, as applied by the payment organisation on the day of effecting the transaction, and
4.15.2. is sufficient to cover potential commission on executing the transaction by the payment organisation.
4.15.3. Until the transaction executed in a currency other than the card currency is settled by the payment organisation, an amount equalling 103% of the transaction plus the commission due is blocked, thus reducing the available balance by the corresponding amount.
4.16. At the time of the transaction, the cardholder may be asked to present a document confirming his/her identity. If the cardholder’s signature is missing on the card or the cardholder refuses to present an identity document, the merchant has the right to decline a card payment.
4.17. The payment organisation may decline the transaction in the following instances:
4.17.1. the cardholder provides incorrect data while authorising the transaction (including incorrect card number, expiry date, PIN, CVC2/CVV2, signature on the transfer receipt not matching specimen signature),
4.17.2. the cardholder uses an inactive, blocked, stopped or invalid card,
4.17.3. the available balance on the card is insufficient to cover the transaction amount plus any fees or commission for that transaction,
4.17.4. the card’s authorisation limits (amount and number of transactions) are exceeded,
4.17.5. when justified for reasons of security, in particular to protect against fraud,
4.17.6. when the cardholder refuses to present a piece of identification at the merchant’s request.
4.18. The payment organisation indicates its refusal to effect a transaction by displaying or forwarding the notification to the merchant or to the device which makes it possible to effect the transaction, unless the information cannot be provided for reasons beyond the control of the payment organisation.
Section III. – Obligations of the Cardholder
5. The following obligations and security instructions apply to you and your authorised users. You are responsible for communicating these instructions to any authorised user and ensuring that they are followed.
5.1. The cardholder has an obligation:
5.1.1. to observe these terms and conditions, and the general provisions of the law and by-laws on use of ATMs,
5.1.2. to store the card securely and to protect the PIN by committing it to memory, by not keeping a written record of it and by taking extra care when keying in the PIN to ensure no-one else sees it,
5.1.3. to protect the card against loss, theft and damage,
5.1.4. to undertake any other measures necessary to safeguard the card, including not providing unauthorised persons with the card or PIN,
5.1.5. to put a stop on the card promptly as outlined in point 7,
5.1.6. to use the card for its intended purpose and not for illicit or illegal ends,
5.1.7. to use the card only during its validity period,
5.1.8. to store card transaction receipts and other documents relating to card transactions, and to provide Breder Suasso Ltd with the aforesaid documents in the event of a dispute,
5.1.9. to report any anomalies in the transaction history presented in Breder Suasso Ltd’s Internet card service,
5.1.10. not to disclose the card number, expiry date or CVV2/CVC2 code to third parties for purposes other than executing transactions or stopping the card,
5.1.12. to cancel bookings made with the card prior to the end of the validity period,
5.1.13. if the card is blocked or stopped, and in any case prior to the end of the validity period, to withdraw consent granted to any merchant regarding recurring transactions (e.g. payment of subscriptions and membership fees) which are executed in accordance with the card data provided,
5.1.14. to log on to www.bredersuasso.com/balance using a bookmark or by typing the website address into your browser.
5.2. The cardholder is obligated to check at frequent intervals the correctness of the transaction details, including the transaction amount, before he/she authorises the transaction.
5.3. Following every transaction, the merchant accepting a card payment issues a transaction receipt confirming that the transaction has been effected.
5.4. If the cardholder questions a transaction where the PIN has been used, Breder Suasso Ltd has the right to stop the card if it suspects that an unauthorised person has acquired the PIN.
5.5. Other mandatory precautions:
5.5.1. the cardholder must change the PIN immediately he/she discovers that another person knows (or might know) the PIN;
5.5.2. the cardholder must promptly provide Breder Suasso Ltd with all available information relating to any incident where he/she has reason to believe that the card details have been compromised; and to provide Breder Suasso Ltd with all necessary assistance to recover any unauthorised amount withdrawn or paid;
5.5.3 the cardholder must not use or choose a PIN that would be easy to guess or discover, tell anyone else the PIN, give the card to anyone or let anyone else use it (including family members, the police or our staff), disclose the PIN in response to an email request (even if the email looks as if it is from Breder Suasso Ltd), leave the card in an unattended wallet, purse or vehicle or anywhere another person could remove the card without being noticed, log in to www.bredersuasso.com/balance from a shared computer (for example in a library, shop or internet café), or leave a computer unattended while logged in to this website;
5.5.4. for online purchases and bookings the cardholder must use only reputable websites;
5.5.5.the cardholder must keep the card in his/her sight at all times when making transactions, get the card back on completion, know where the card is at all times and not leave it unattended, and be cautious when providing card details or allowing a transaction to be processed in advance of receiving goods or services;
5.5.6. when using an ATM, the cardholder must always be alert to anyone loitering or offering assistance, look out for suspicious devices attached to the ATM and, if in doubt, not use the ATM;
5.5.7. the cardholder must not send the card by post;
5.5.8. when the cardholder uses the card to make purchases for goods and services by remote means (e.g. post, telephone, fax or Internet/email), since there are risks involved in providing the card details and authorising transactions before receiving the goods or services, the cardholder should, before doing so, consider the merchant’s security and standing.
5.6. The cardholder may not, under any circumstances, attempt to make a remote transaction for goods or services if the card has been cancelled, suspended, lost or stolen.
Section IV. – Procedure in Case of Missing or Damaged Card
6. The cardholder is obliged to request a stop on the card promptly upon discovering that:
6.1. the card has been destroyed,
6.2. the card has been lost,
6.3. the card has been stolen,
6.4. the card data and/or PIN have been disclosed to an unauthorised person,
6.5. the card has been used by an unauthorised person,
6.6. the card has been appropriated,
6.7. the card has been accessed in an unauthorised manner,
6.8. the card has been retained by an ATM.
7. The cardholder can request a stop on the card, referred to in point 6, either by calling the Breder Suasso Ltd Customer Support desk or via the 24-hour call centre whose phone number, +64 (0) 9801 0527, is printed on the card. On its website Breder Suasso Ltd may indicate alternative ways to stop a card.
8. The cardholder will be required to provide the card number in order to stop the card.
9. Telephone conversations concerning the requests referred to in point 7 may be registered to document the date and exact time of receipt.
10. If the stopped card is recovered, it should immediately be destroyed in such a way as to make it impossible to use the card again or read the data saved on it.
Section V. – Responsibilities of the Cardholder
12. The cardholder is fully responsible for:
12.1. transactions authorised,
12.2. the consequences of the card’s use, in particular:
12.2.1. use of the card in a manner not in keeping with the terms and conditions, generally applicable provisions of the law and local regulations on ATM use,
12.2.2. not stopping the card promptly with Breder Suasso Ltd,
12.2.3. remote transactions, i.e. those effected without physical presentation of the card.
13. The cardholder is responsible for recurring transactions, in the case where the consent for the merchant to initiate those transactions is not withdrawn despite the fact that the card has been stopped.
14. The cardholder is responsible for card transactions when:
14.1. a lost or stolen card is used,
14.2. the card was appropriated or subject to unauthorised use because the cardholder did not take the necessary precautions to safeguard the card and protect it from unauthorised use,
14.3. there is a deliberate violation or gross negligence of obligations specified in the terms and conditions,
14.4. he/she has acted fraudulently or negligently, or contributed to the unauthorised use of the card, for example (but not limited to) by failing to take the precautions described in these terms and conditions or unreasonably delaying notification to Breder Suasso Ltd on becoming aware that the card has, or may have been, lost, stolen or compromised.
15. The cardholder is liable for any loss if he/she has:
15.1. written the PIN on the card or kept a written record of the PIN with or near the card,
15.2. stored the PIN such that it can readily be identified as a PIN,
15.3. disclosed the PIN to someone else or failed to take reasonable care to prevent others from identifying the PIN, when, for example, keying in or using the PIN,
15.4. allowed someone else to use the card or failed reasonably to safeguard the card,
15.5. contributed to or caused losses from unauthorised transactions as a result of his/her actions.
Section VI. – Suspension/Cancellation
16. The card is made available to you and to any user you authorise entirely at our discretion. We reserve the right to terminate all or part of the right to use the card, particularly if you or an authorised user are in default with respect to the terms and conditions. If we terminate your right to use the card, your authorised users also lose the right to use the card. We, or the payment organisation, may cancel or suspend the card if we believe there is a good reason to do so, such as if:
16.1. you have breached these terms and conditions,
16.2. Breder Suasso Ltd or the payment organisation has reason to believe that another party may have an interest in the available balance,
16.3. Breder Suasso Ltd or the payment organisation believes the card is being used to facilitate fraud, money laundering or other criminal acts,
16.4. multiple transactions on the card are declined in rapid succession, or
16.5. the available balance is nil and your card has not been used for eighteen months.
17. Breder Suasso Ltd or the payment organisation may also block or delay a payment to or from your available balance, without your permission and without notice, if either party is required by law to do so or has reason to believe the payment constitutes some form of fraud, money laundering or other criminal offence.
18. Breder Suasso Ltd or the payment organisation will give notice as soon as is reasonably practicable after cancelling or suspending your card, unless prohibited by law.
19. Should Breder Suasso Ltd or the payment organisation cancel the card for any of the reasons listed above, you can obtain a refund of the available balance by calling Breder Suasso Ltd’s Customer Support desk. Breder Suasso Ltd or the payment organisation will not normally charge a card-closure fee. However, where Breder Suasso Ltd or the payment organisation cancels through your breach of contract, fraud, negligence or other wrongdoing, a card-closure fee will apply, and Breder Suasso Ltd or the payment organisation may also deduct from the available balance any loss that we reasonably consider we are entitled to recover from you in this respect. Breder Suasso Ltd or the payment organisation may pay all or part of the available balance to a third party pursuant to a court order or other lawful requirement, in which case we are not liable to you for that amount.
Section VII. – Limits on the liability of Breder Suasso Ltd
20. Breder Suasso Ltd’s liability to you in connection with the card is limited to the current available balance on your card. We are not liable for any loss, indirect or consequential, of profit, cost savings, opportunity or reputation, regardless of the cause. These limitations and exclusions apply to all forms of liability (contract, equity, negligence or other), except to the extent that we cannot lawfully exclude them.
21. We are not responsible for:
21.1. refusal by a financial institution to authorise a cash withdrawal or by a merchant to accept the card payment;
21.2. any dispute between you and a merchant;
21.3. any losses caused by events beyond our control, including non-delivery of mail and failure of an ATM or communication link, resulting in your being unable to use the card;
21.4. any action taken by us, where the card has been reported lost or stolen, which results in a merchant declining a transaction because he or she suspects that you do not own the card;
21.5. any action taken against you in connection with fraudulent use of the card;
21.6. any losses which arise through your negligent or fraudulent actions, either alone or together with any other person(s).
21.7. any claim that arises from us acting reasonably in accordance with your instructions;
21.8. any loss suffered by you or any third party due to matters outside our control (including, but not limited to, non-delivery of mail, machine or system failure, strikes, or lost communication resulting in your being unable to use the card).
22. We cannot be held responsible for any problems associated with purchases resulting from the use of a card or for the quality of the goods or services purchased with the card. Any claim or dispute between you or an authorised user and a merchant, including any right to compensation, if applicable, must be settled directly with the merchant.
In addition, certain advantages or services related to the card may be offered by a third party. We are not responsible for such offers or for the conduct or actions of such third parties. Any claim or dispute between you or an authorised user and a third party, including any right to compensation, if applicable, must be settled directly with the third party.
Section VIII. – Miscellaneous
23. You cannot sell the card on, nor can you assign to another any of your rights or obligations under these terms and conditions. We may assign any of our rights and obligations under these terms and conditions to any other person or business, subject to such party assuming our obligations under these terms and conditions.
24. If at any time part of these terms and conditions is found to be illegal, invalid or otherwise unenforceable, then this will not affect the legality, validity or enforceability of the rest of these terms and conditions. You have rights accorded by law. If part of these terms and conditions conflicts with any lawful right, then these terms and conditions will apply to the extent that they amend or negate the rights at law, but only to the extent permitted by law. Otherwise, these terms and conditions will be read subject to law. You must comply with New Zealand law (and the laws of any other country that apply to you) when using your card. This includes laws prohibiting money laundering or financing of terrorism, or prohibiting dealing with certain countries, people, or types of business. If you acquire the card for the purposes of a business, the card and associated services will not be subject to any of the guarantees in the Consumer Guarantees Act 1993.
Section IX. – Updates to these Payment Card Terms and Conditions
25. Breder Suasso Ltd may change any of these payment card terms and conditions by posting the amended terms and conditions at the Breder Suasso Ltd website, so as to:
– reflect any new services or practices, or any new developments;
– reflect changes (expected or actual) in market conditions, banking practices or cost of our services;
– comply with any new laws or codes of conduct or, as required by or if found to be in conflict with, applicable law or regulation;
– ensure prudent and competitive business operations;
– account for any court rulings or international sanctions affecting Breder Suasso Ltd and its services;
– make these terms and conditions more easily understandable for our clients;
– correct any errors in these terms and conditions.
26. It is your responsibility to keep abreast of Breder Suasso Ltd’s prevailing terms and conditions. It is our standard practice to send an email (on the most recent email address provided by the signatory) to inform clients of changes in the terms and conditions. However, we make no promise, nor do we provide a guarantee, to send such an email. In any case, we will not be liable or responsible for any loss or inconvenience caused by your inability to keep yourself informed of Breder Suasso’s prevailing terms and conditions, which become effective as soon as they are published on this website.