PAYNETICS DEBIT CARDS TERMS AND CONDITIONS
1.AGREEMENT AND HOW TO CONTACT US
These terms and conditions (the “Terms and Conditions”) govern the use of your Card and are provided by Paynetics AD. A schedule of fees tariff and transactional limits (the “Supplement”) provided to you is incorporated into, and is part of, these Terms and Conditions. By registering for, activating, accepting or using the Card, you agree to be bound by these Terms and Conditions.
Your Card is issued by Paynetics AD, hereby referred to as “our”, “us” or “we”, an electronic money institution, with seat and registered address at Ground Floor, 76A James Bourchier, Lozenetz District, Sofia, entered in the Commercial Register kept by the Registry Agency under UIC 131574965 and holding license to operate as an electronic money institution, issued by the Management Board of the Bulgarian National Bank by decision No 44 of 11.04.2016. The Bulgarian National Bank supervises the activities of Paynetics AD. Paynetics AD issues the Debit Card to you, which is a type of payment instrument with electronically recorded balance which is repeatedly used to identify the cardholder and by using it, under these Terms and Conditions, a payment order is submitted (the “Card”). The Card may be physical or virtual.
If your Card or PIN is lost, stolen or misused, contact us via our contact centre using one of the telephone number and email as follows: +44(0)330 223 6848 or email cardholders@paynetics.digital (the Contact centre). You agree that we may communicate with you in the English language. You may ascertain the value of unspent funds loaded onto your Card (the “Card Balance”) and the history of activity on your Card, as well as other relevant information in relation to your Card, online at http://www.payout.wirecard.com or by calling the Contact centre. Paynetics shall provide information about the Card payment transactions, history of transactions, activity with the Card and information on all collected fees once per month.
2.USE OF YOUR CARD, AUTHORIZATION OF TRANSACTIONS AND SECURITY
Your Card is being used by your employer (the “Sponsor”) to enable you to make payments. It is a Debit card, not a credit card and is not connected to any bank account that you may have. You may only use the Card if you are the minimum required age under applicable law and only for lawful purposes and in a lawful manner. You will not earn any interest on the Card Balance. You must ensure that the Card Balance is sufficient to pay for each transaction you make using your Card (including any applicable Charges as defined in Section 6 below). If you attempt to use your Card in a transaction where the Card Balance is insufficient then the transaction may be declined. If for any reason a transaction is processed that results in a negative balance on your Card your Sponsor will be required immediately to pay us the amount of the negative balance plus any applicable Charges. We may also place a hold on the Card Balance when we are asked by a merchant to authorise a transaction in advance to ensure there will be sufficient Card Balance to cover the transaction. You may not add funds to the Card Balance or otherwise reload your Card.
You can use the card up to the available Card Balance.
Unless otherwise provided herein or as per the applicable Transaction Limits, the following transactions can be carried out using the Card:
-Cash withdrawal via ATM;
-Paying for goods or services via POS terminal;
-Paying for goods or services online;
-Obtaining an account statement;
-Change of PIN by the Cardholder.
The Card may be used on any device accepting cards with the MasterCard® or Visa® brand.
Any payment transaction with the Card shall be allowed only after verifying: the available Card balance, the Card status and its Transaction Limits, and identification of the Cardholder by one of the following methods:
-In case of cash withdrawal from an ATM: by entering a PIN;
-In case of payment for goods or services by a POS terminal: by entering a PIN and/or signature on the POS slip note. The requirement under this Clause shall not be applied in case of contactless payments for amounts under the maximum set by Paynetics.
-The maximum amount for a contactless transaction beyond which customer verification is required by entering a PIN shall be approved and confirmed by the International Card Organisation for each country. The signature on the slip note from the terminal device shoul be identical to the signature on the reverse side of the Card and shall verify the authorisation and the correct execution of the transactions. At the Merchant’s request, the Cardholder shall also present a document for identification and verification of their signature. Failure to provide an ID shall represent a reasonable ground for refusing to effect the payment transaction;
-In case of online payments no PIN shall be used but the card authenticity shall be confirmed by a CVC/CVV and a
-The Cardholder may carry out transactions with the Card to the amount of the available cash in the account to which the Card was issued in accordance with the limits set to their Card.
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Authorization of payment transactions: Each payment transaction should be approved at the time when it is initiated by you. Each payment order and authorisation shall be obtained from Paynetics in an electronic form. In order to ensure extra security when performing online payments, Paynetics registers all Cards issued by the company for the Secure Online Payments service
To protect against unauthorized use of your Card, read the page headed “Important Information on Safeguarding Your Paynetics Debit Card” set out at the end of these Terms and Conditions. If you permit other persons to use your Card, you are responsible for any transaction they conduct. If you think an error has occurred on your Card contact the contact centre as soon as possible.
Paynetics may refuse to carry out any payment transaction ordered with the Card if it does not meet the requirements of this Agreement, including, but not limited to any of the following circumstances: (i) you have not given an exact order to implement the transaction or has given an incomplete order; (ii) Paynetics has a good reason to suspect that the transaction is unauthorized or involved in fraud or illegal activity; (iii) Paynetics has a good reason to believe that there has been a violation of these Terms and Conditions; (iv) for a reason related to compliance with rules and regulations of MasterCard® or Visa®; (v) if there are no sufficient funds in the Paynetics account or if the transaction violates the set Limits; (vi) by law or by order of a regulatory body; (vii) due to a technical impossibility to carry out the transaction;
(viii)merchants may not authorize a payment unless they have obtained permission from Paynetics. You shall be responsible to provide a correct and accurate order for execution of a payment transaction. If the instructions provided by you are incorrect, inaccurate or incomplete, Paynetics shall not be liable for errors or inaccuracies in the transaction. If a payment transaction is carried out in accordance with the instructions provided by you, it shall be deemed to be accurately implemented. Each payment transaction made with the Card shall be final and irreversible, except in the following situations at the discretion of Paynetics: (i) An error on part of the merchant has been confirmed, (ii) An illegal activity in connection with the Card has been detected, (iii) A violation of the Terms and Conditions has been established. The maximum period for completion of payment services provided with the Card shall be determined by the rules of card organisations and card operators within the terms set out in Article 87 and Article 88 of the Law on Payment Services and Payment Systems (LPSPS). The execution of a transaction may be delayed due to the performance of Paynetics’ obligations under the applicable
3.USING YOUR CARD TO MAKE PURCHASES AND REFUNDS
You may use your Card to purchase or rent goods and services from merchants displaying the service mark of any payment scheme that appears on the back of your Card, by using your PIN or other identifier as requested by the merchant. We are not responsible for the goods or services you acquire using your Card. If you are entitled to a refund in connection with a purchase transaction made on your Card or error on your Card, we will add the amount of the refund to the Card Balance instead of refunding you in cash. You agree that if the Card has funds added by mistake by your Sponsor that we may make an adjustment to the Card Balance so that the correct amount is added and return the funds added by mistake to your Sponsor.
Limits on your use of your Card: We and/or operators of ATMs and points of sale may set limits on the monetary amount and number of transactions completed through the Card during a set time period (“Transaction Limits”). The Transaction Limits set by us are set out in the Supplement and will apply to you unless otherwise provided in the Supplement. We reserve the right, in our sole discretion, to modify the Transaction Limits from time to time. You will be notified of any change in the Transaction Limits as may be required by applicable law. For security purposes, we may impose additional transaction limitations on your Card and you will be advised of such limitations to the extent required by applicable law.
4.EXPIRATION, CANCELLATION AND TERMINATION
Your Card will expire on the expiration date on your Card. You will not be able to use your Card after it has expired We may cancel or suspend your Card and terminate these Terms and Conditions immediately if: (i) your Card is lost, stolen, damaged, malfunctions or is misused; (ii) there has been no activity on the Card for 90 days or there is no Card Balance; (iii) where you are in breach of these Terms and Conditions or your Sponsor informs us or we otherwise suspect that you have used or are attempting to use your Card in breach of your agreement with your Sponsor; (iv) your Sponsor requests that we cancel or suspend your Card; (v) our agreement with your Sponsor is terminated or expires; or (vi) we cease to be permitted to process payments in relation to the Card by reason of law or regulation.
5.CARD BALANCE
The Card Balance is and remains at all times the property of your Sponsor as your employer. The terms of your employment, including the amount and payment of your expenses, are governed by your agreement with your Sponsor. You may only use your Card in accordance with and subject to the terms of your agreement with your Sponsor. We are not responsible for any failure of your Sponsor to transfer any amount to the Card Balance.
If your Card expires, is cancelled or suspended, the Card Balance will not be transferred to you. You have no right to redeem the Card Balance under these Terms and Conditions. The Card Balance will either be transferred to your Sponsor, or retained by us in accordance with our agreement with your Sponsor.
6.FEES AND VAT
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We will deduct all fees and charges due to us, including applicable charges set out in the Fee Table in the Supplement, or due to third parties (the “Charges”) from the Card Balance. When you use an ATM, you may be charged a fee by the ATM owner (you may also be charged a fee for a balance enquiry even if you do not complete a transaction). If the Charges incurred exceed the Card Balance your Sponsor will be required to pay any outstanding amount to us. All Charges due to us or any third party are exclusive of value added tax (“VAT”) if any, payable thereon. If VAT is chargeable on any supply made by us or any third party to you in connection with our issue to you and/or your use of the Card we will deduct such amount of VAT from the Card Balance, or if the amount of VAT exceeds the Card Balance your Sponsor will be required to pay any outstanding amount to us. Any reference in these Terms and Conditions to a supply made by us or any third party shall in relation to VAT include a supply treated as made for VAT purposes by the representative member of any VAT group of which we or the relevant third party is/are a member.
7.OVERSEAS TRANSACTIONS
If you make purchase transactions or ATM withdrawals in a currency other than the currency in which your Card is denominated, the charges will be converted to the currency of your Card in accordance with applicable bankcard association rules. The currency conversion rate used on the processing date may differ from the rate that would have been used on the purchase date or the date when it is applied to the Card Balance. Card Balance may vary due to exchange rate fluctuations.
8.YOUR LIABILITY
Unless you acted fraudulently or without reasonable care your maximum liability for any transactions on your Card after your Card or PIN becomes lost, stolen or used by someone without your permission up to the time you notify us will not exceed €67 (or where your Card is denominated in sterling, £50) or its equivalent in the currency of your Card at notification. Once you have notified us of the theft, loss or misuse of your Card we will cancel the Card and may refund the Card Balance to your Sponsor. You shall be required to notify Paynetics in writing of any unauthorised or improperly executed transaction with the Card without undue delay after becoming aware of the unauthorised or improperly executed transaction but no later than 13 months from the date of the
In the event that you have grounds for recovering amounts from incorrectly performed or unauthorized transactions, we will recover them as soon as possible upon receipt of your claim or any additional information we may request in order to investigate your right to a refund. However, if, following an investigation, we have reasonable grounds to believe that the refund is not actually due to you for any reason or that we have made an unreasonable refund, we will have the right to request a refund of the previous refund and you will be liable for any loss caused to us or to you.
9.OUR LIABILITY
Where the Card is faulty due to our fault, our liability shall be limited to replacement of the Card loaded with any Card Balance, or repayment of the Card Balance. Where sums are deducted from the Card Balance due to our fault, our liability shall be limited to refunding an equivalent amount to the Card Balance or where the Card has expired to repayment of an equivalent amount. In all other circumstances our liability shall be limited to repayment of any Card Balance. Nothing in these Terms and Conditions is intended to, nor shall have the effect of, excluding or limiting our liability: (i) for death or personal injury caused by our negligence; (ii) for fraud or wilful misconduct; or (iii) which may not otherwise be restricted or excluded under applicable law.
10.DATA PROTECTION
Paynetics AD are the data controller of your personal data provided to us in connection with these Terms and Conditions. We will process your personal data in order to provide a Card to you, to administer your Card, to deal with any queries you have concerning the Card or its use, for statistical reporting and fraud prevention purposes. We will confidentially and only to the extent permitted under applicable data protection and bank secrecy laws, give other companies in the Paynetics group of companies, third parties including those providing application processing, fraud monitoring, customer service, card production and technology processing services and each of their agents and subcontractors, information about you and your Card. We may pass your personal data to: (i) your Sponsor and/or the Agent; (ii) fraud prevention agencies if false or inaccurate information is provided and fraud is suspected; and (iii) regulatory authorities, law enforcement or fraud prevention agencies where we are required to do so by applicable law or court order. Your personal data may be transferred to the recipients identified above in countries outside the European Economic Area (even those which have only limited or no data protection laws provided that we remain responsible for making sure your personal data is held securely) including, without limitation, the United States of America. You may request a copy of your personal data by writing to us at: dpo@paynetics.digital We may charge you a reasonable administration fee for providing such access not exceeding any maximum amount permitted under applicable law. We may record and/or monitor telephone calls to help maintain a high quality service and for security, data collection and training purposes or as required by applicable law. All recordings belong to us. You consent to the processing (including transfer) of your personal data by us and the other recipients identified above for the purposes set out above.
11.COMPLAINTS
If you want to make a complaint please contact our Contact centre for details of our complaints procedures. Paynetics shall review any objections submitted or disputes raised by you or its signatory in connection with the payment services provided and shall notify you of its decision within fifteen business days from their submission. If Paynetics fails to announce its decision within the time limit referred to above or the decision is not to the your satisfaction, the you may refer the dispute to the Conciliation Committee for Payment Disputes with the Commission for Consumer Protection If you are not happy with our handling of your complaint, or the outcome of the process, you may have the right to refer the matter to the Bulgarian Conciliation Commission for Payment Disputes to the Commission for Consumer Protection (Sofia, Bulgaria, str. Vrabcha No. 1, 4th floor, postcode 1000, phone: +359 2 933 05 77).
12.AMENDMENTS
We may, at any time and subject to applicable law, change or delete any provision, or add new provisions to, these Terms and Conditions. This includes the right to add or change (including to increase or decrease) any Charges. We
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will provide you with a notice of any change, deletion, or addition prior to making the change, deletion or addition and if you do not object within 60 days of such notice you will be deemed to have consented to such change, deletion or addition. If you do not agree to any change you may terminate these Terms and Conditions at any time in accordance with Section 4. You are obliged to notify us of any change to your name and your postal address or
13.MISCELLANEOUS
We may sell, assign, or transfer all or any of our rights or obligations under these Terms and Conditions. Where so stated in the Supplement, we will notify you of any such sale, assignment or transfer and should you not object within 30 days of such notice you will be deemed to have consented to such sale, assignment or transfer. Where you do object then you agree that these Terms and Conditions will immediately terminate. We may subcontract any of our obligations under these Terms and Conditions. You may not sell, assign, or transfer any of your rights or obligations under these Terms and Conditions. If any provision of these Terms and Conditions is determined to be void or unenforceable under applicable law, all other provisions of these Terms and Conditions shall still be valid and enforceable. These Terms and Conditions constitute the entire agreement between you and us relating to your Card, and supersede any other prior agreement between you and us relating to your Card. No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions of these Terms and Conditions.
14.GOVERNING LAW AND LEGAL PROTECTION PROCEDURE
These Terms and Conditions and all matters arising out of the issue and use of your Card are subject to Bulgarian law and the exclusive jurisdiction of the courts of Bulgaria, except where such a choice of jurisdiction would be contrary to your rights under the laws of the country where you are domiciled.
IMPORTANT INFORMATION ON SAFEGUARDING YOUR PAYNETICS DEBIT CARD
As with any financial tool – credit cards or cash – security is a top concern. Protect your Card and yourself by practicing the safety precautions set out below. If your Card is lost or stolen notify us immediately by calling our contact centre. Definitions:
PIN shall mean a unique personal identification number, representing a combination of numbers and digits, known only to the Cardholder, serving to identify the Cardholder by entering it to the keyboard of the ATM and POS when performing payment transaction with the Card. The PIN can be changed via an ATM.
CVC2 shall mean a
Please follow the following safety precautions: Memorize your PIN and keep it confidential.
•Never give the PIN to anyone
•Don’t write the PIN on your Card
•Avoid carrying the PIN with you.
If you forget your PIN, contact our contact centre and select a new one. Protect your Card as you would credit cards or cash. Minimize the time spent at the ATM by having your Card ready. Do not give out any information about your Card, expiration date or balance to anyone who calls you on the telephone. Use common sense and be aware of your surroundings before, during and after your use of the ATM; if you are apprehensive about your safety defer your transaction. If anyone follows you after you leave the ATM, go immediately to a heavily populated,
Be aware that, not withstanding security measures, access to the ATM facility is sometimes obtained by persons who are not authorized cardholders. Where there is one, close the entry door completely upon entering and exiting an ATM facility. Do not permit entrance to the facility by any unknown person at any time after regular banking hours. Remember to remove your Card from the ATM and place withdrawn cash securely upon your purse before exiting an ATM facility. Don’t carry money in open view or in an obvious manner. Stand between the ATM and anyone waiting to use the ATM so others cannot see your PIN or the transaction amount. Always take your receipts, so you can check them against your transaction history. If your transaction was not completed, be sure to cancel the transaction prior to leaving the ATM. When using a
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PAYNETICS USER GUIDE
This guide tells you how you can use the enclosed card to access a card account we have with Paynetics AD, with seat and registered address at Ground Floor, 76A James Bourchier, Lozenetz District, Sofia, entered in the Commercial Register kept by the Registry Agency under UIC 131574965 (the “Issuer”), and how and when you need to contact the Issuer in connection with your use of our account. Paynetics AD is an electronic money company holding a license for operating as an electronic money company issued by the Board of Directors of the Bulgarian National Bank by Decision 44 of 11 April 2016, and is entered in the register kept by the Bulgarian National Bank, which is accessible on http://www.bnb.bg/RegistersAndServices/RSPIPublicRegisters/index.htm. The Bulgarian National Bank supervises the activities of Paynetics AD. We will set out separately why we are giving you the card.
HOW YOU CAN USE THE CARD
•You can use the card up to the unspent amount we have reserved for you on our card account (“reserved balance”).
•Unless otherwise provided herein or as per the applicable tariffs and limits, the following transactions can be carried out using the cards:
-Cash withdrawal via ATM;
-Paying for goods or services via POS terminal;
-Paying for goods or services online;
-Obtaining an account statement;
-Change of PIN by the Cardholder.
•The Card may be used on any device accepting cards with the MasterCard® or VISA® brand.
•Any payment transaction with the Card shall be allowed only after verifying: the available balance, the Card status and its limits, and identification of the Cardholder by one of the following methods:
-In case of cash withdrawal from an ATM: by entering a PIN;
-In case of payment for goods or services by a POS terminal: by entering a PIN and/or signature on the POS slip note. The requirement under this Clause shall not be applied in case of contactless payments for amounts under the maximum set by Paynetics.
-In case of online payments no PIN shall be used but the card authenticity shall be confirmed by a CVC/CVV and a
-The Cardholder may carry out transactions with the Card to the amount of the available cash in the account to which the Card was issued in accordance with the limits set to their Card.
•You can check the unspent amount of your reserved balance and the transactions you have made using the card, as well as other relevant information relating to the card, online at http://www.payout.wirecard.com or by calling the Issuer’s contact center („Contact centre”) on via one of the following ways: +44(0)330 223 6848 or email cardholders@paynetics.digital.
•Please note that we are not responsible for anything a retailer does or does not do when you use the card or for the goods or services you pay for using the card.
RETAILER REFUNDS AND CHARGING ERRORS
•If a retailer refunds a purchase made with the card the refund will be added to your reserved balance.
•If an amount is taken from your reserved balance in error it will be refunded to your reserved balance.
•If you do not know the exact price for goods or services when you make a payment but the amount you are charged is more than what you reasonably expected, please contact the Issuer as soon as possible after the transaction date, by calling our contact centre, as we may be able to get a refund for you.
HOW LONG WILL THE RESERVED BALANCE BE AVAILABLE ON THE ACCOUNT?
•The reserved balance will be available for you to use up to the expiry date on the last card you are given, or such other date as we may tell you.
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•The Issuer may block, cancel or suspend the card at any time if it thinks it is appropriate to do so, for example to ensure the security of the card or to protect against unauthorised or fraudulent or illegal use of the card or the account.
•Please note that the reserved balance belongs to us and in case of situations including, but not limited to, card expiry, program termination, termination of the agreement we have with the Issuer and end to an employment relationship, the Issuer reserves its right to retain the unspent reserved balance remaining on your card.
•If you allow anyone else to use the card, any payments or cash withdrawals they make will reduce your reserved balance.
•If your card is lost or stolen or you think that there has been an unauthorised transaction made using your card you must notify the Issuer immediately by calling the contact centre.
CHARGES AND FOREIGN CURRENCY
•The attached tariff guide sets out the fees that the Issuer will charge when you use the card. ATM operators and some retailers may also charge fees when you use the card. These charges and fees will be taken from your reserved balance.
•We will tell you the “reserved balance currency” that applies to your account. If you make payments in a different currency, the payment will be converted to the reserved balance currency. If you contact the Issuer’s contact centre you will be able to find out the exchange rate used for the currency conversion. The exchange rates can change daily and may be applied immediately and without notice.
DATA PROTECTION
By using the card you agree that we and the Issuer can use your personal data for the purposes set out below.
•We and the Issuer will use and process your personal data
(i)to provide you with a Card and undertake ancillary activities; (ii) to fulfil our legal, regulatory and compliance requirements (including, without limitation, in connection with verifying your identity as required under anti- money laundering laws and regulations, for audit and reporting requirements and the maintenance of accounting and tax records); (iii) to monitor and analyze the use of your Card;
(iv)to report, investigate and prevent incidences of fraud, misrepresentation or crime; (v) for statistical and trend analysis and to operate our management information systems; and (vi) to enforce our rights or perform our obligations in connection with your Card, including dealing with complaints.
•We and the Issuer will confidentially and only to the extent permitted under applicable data protection and bank secrecy laws, give other companies in the Paynetics group of companies, and our or their service providers and agents, information about you and your Card. We and the Issuer may disclose your personal data to fraud prevention agencies if false or inaccurate information is provided and fraud is suspected and to any court, legal, regulatory, tax or government authorities where we are required to do so by applicable law or court order. Your personal data may be transferred to the recipients identified above in countries outside the European Economic Area (even those which have only limited or no data protection laws provided that we remain responsible for making sure your personal data is held securely) including, without limitation, the United States of America.
•You may access and rectify, update or request deletion of your personal data. You may also object to the processing of your personal data for legitimate reasons but, should you exercise this right, you will not be able to use your Card. You may exercise these rights by writing to us or the Issuer. If you wish to contact the Issuer you should do so at: dpo@paynetics.digital We may charge you a reasonable administration fee for providing such access not exceeding any maximum amount permitted under applicable law.
•We and the Issuer may record and/or monitor telephone calls to help maintain service quality, for training, investigation and fraud prevention purposes and as required by applicable law. All recordings belong to us or the Issuer.
•To the extent your consent is required, you consent to the processing and disclosure (including transfer) of your personal data by us, the Issuer and the other recipients identified above for the purposes set out above.
SECURITY
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•You must protect your card and keep your PIN safe and confidential.
•Never give the PIN to anyone
•Don’t write the PIN on your Card
•Avoid carrying the PIN with you.
•If you forget your PIN, contact our contact centre and select a new one. Protect your Card as you would credit cards or cash. Minimize the time spent at the ATM by having your Card ready. Do not give out any information about your Card, expiration date or balance to anyone who calls you on the telephone. Use common sense and be aware of your surroundings before, during and after your use of the ATM; if you are apprehensive about your safety defer your transaction. If anyone follows you after you leave the ATM, go immediately to a
heavily populated,
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•Be aware that, not withstanding security measures, access to the ATM facility is sometimes obtained by persons who are not authorized cardholders. Where there is one, close the entry door completely upon entering and exiting an ATM facility. Do not permit entrance to the facility by any unknown person at any time after regular banking hours. Remember to remove your Card from the ATM and place withdrawn cash securely upon your purse before exiting an ATM facility. Don’t carry money in open view or in an obvious manner. Stand between the ATM and anyone waiting to use the ATM so others cannot see your PIN or the transaction amount. Always take your receipts, so you can check them against your transaction history. If your transaction was not completed, be sure to cancel the transaction prior to leaving the ATM. When using a
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