Only the Card User shall be entitled to perform Operations with the Card. Where the Customer and the Card User are separate persons, the Customer shall be obliged to forward to the Card User, the Agreement (including the Conditions and Partner programme conditions), the General Conditions, the Conditions of Payment Services Agreement and other relevant service conditions for examination, and to take responsibility for the Card User’s adherence to the same.
Upon Card issue, the Card User shall be provided with personal Security Elements of the Card (PIN), which shall be regarded as the signature of the Card User when performing Operations.
Upon the Client’s request, the Bank shall be entitled to send nonactivated Cards and the Security Elements of Cards to Clients by post at the address provided by the Client to the Bank. Upon receipt of the Card, the Client shall make sure that the envelope of the Card as well as that of the Security Elements of the Card have not been opened or damaged. The Customer shall activate the Card at a Bank office, the customer service at Kaubamaja sales points (Kaubamaja Tallinn or Kaubamaja Tartu), or via the Internet bank.
The Card User may start performing Operations from the moment of the activation of the Card.
The Card is linked to the Client’s Account. If the Client wishes, there can be several Cards linked to the Account.
The Card User is entitled to perform Operations with the funds available on the Client’s Account and the Limits specified in the Agreement and only at the Terminals bearing the MasterCard logo.
The Bank shall require Strong Authentication of the Card User before use of the Card, except for Operations made via the Near Field Communication device within the limits established thereof, if the Card User grants his or her consent to the Operation by touching the Near Field Communication device with the Card.
Where the Card User has granted their consent to the performance of the Operation, the Client and/or Card User shall not be entitled to a refund of the amount paid for the Operation, unless the person who provided the relevant service agrees to a refund of the amount paid for the Operation, or unless Imperative Provisions stipulate otherwise.
Upon the request of a person servicing the Card, the Card User shall present their identity document and agree to the recording of the data of the document.
The Client shall accept that all Operations made with the Card User and/or by using the Security Elements of the Card or filling in the details required in an internet environment and/or touching a Near Field Communication device with the Card, shall be treated as legitimate by the Bank (and as authorised in the meaning of the Law of Obligations Act) and shall be executed by the Bank.
The Bank shall have the right not to perform the Operation ordered by the Card User, if:
- the Client’s Account has been blocked or seized;
- the Card is invalid or closed, or use of the Card has been blocked;
- the sum of the Operation exceeds the Limit established in the Agreement;
- there are insufficient funds on the Account to carry out the Operation and to pay the service fees established in the Price List;
- under any other basis arising from the General Conditions or legal acts.
The Bank shall have the right to block the use of the Card until
the circumstances are clarified, if:
- the Bank has become aware of a circumstance from which it can be reasonably concluded that the Card has become available to and/or the Security Elements of the Card have been disclosed to a person not authorised to use the Card;
- the use of the Card may be related to fraud on behalf of the Client and/or the Card User;
- there are grounds for blocking the Card under the Conditions, the General Conditions or Service Conditions.
If the reasons for blocking the Card under clause 3.12 of the Agreement are not eliminated, the Bank shall be entitled to close the Card.
The Client and/or the Card User shall at be entitled to request the blocking and/or closing of the Card by the Bank.
Cards, that have been blocked, closed or rendered invalid, may not be used.
Unless otherwise provided for by the Imperative Provisions, the Bank shall not be held liable for any damage caused to the Client or a third party (including the Card User) in connection with the blocking of the Card or closing of the Card by the Bank in accordance with the Conditions. This shall also be the case, if the Bank has blocked the use of the Card in good faith on the basis of a false notification.
The Bank shall have the right to engage third parties in the performance of Card-related Operations [e.g. Kaubamaja Group companies, credit institutions, the International Card Organisation or the Card Centre of Banks (Nets Estonia AS)]. The Bank shall not be held liable for the actions of these persons, or their failure to act.
The Bank shall have the right to establish minimum and maximum limits for the use of the Card as well as for single Operations.
The Bank and/or Kaubamaja shall be entitled to offer the Client and/or the Card User additional Card-related services and benefits and/or stop the provision of the said additional services and benefits and/or establish for all of the said services and benefits, service fees related to the said services and benefits in the Price List and/or Partner programme conditions.
Where the Customer uses the Card as the Kaubamaja customer card (the Partner card), the Partner programme conditions shall apply to the Card, allowing for any differences resulting from the Conditions.