1 Introduction
1.1 These terms and conditions of usage constitute the agreement
between you and Smart Voucher Limited ("Ukash") of 5-7 Tanner
Street, London, SE1 3LE, United Kingdom relating to your use of the
Ukash payment system (the "Agreement").
1.2 Ukash reserves the right to alter these terms and conditions
from time to time by posting notice of any changes on its website
www.ukash.com. Any changes will take effect 2 months after the
date of posting on the website, and shall apply to your use of the
Ukash payment service after that 2 month period.
1.3 The Ukash payment system enables you to make payments
without the need for individual accounts or credit or debit cards,
through the use of individually encoded Ukash voucher codes issued
in exchange for cash or other cleared funds. Ukash provides an
online validation of the presented Ukash voucher code to
Participating Merchants enabling your payment to be confirmed.
1.4 A Participating Merchant is a business or other organisation
that has a contract with Ukash and that has integrated the Ukash
payment system into its payment processing system and operates
under the Ukash scheme rules.
1.5 Ukash will not credit any interest to the value of the
voucher code.
2 Acceptance of terms and
conditions
2.1 By becoming the Holder of a Ukash voucher code you agree to be
bound by the terms and conditions set out in this Agreement in
relation to any use of the Ukash payment system.
2.2 You become a Holder of a Ukash voucher code by:
2.2.1 Obtaining a
voucher code from a business partner contracted to issue Ukash
vouchers; or
2.2.2 Obtaining a
Ukash voucher code in some other way (for example as a gift),
submitting the voucher code and amount to a Participating Merchant
for validation for payment by Ukash or by registering to use Ukash
Tools to manage that voucher code.
2.3 You cease to be a Holder of a Ukash voucher code when:
2.3.1 You submit
the voucher code and amount to a Participating Merchant for
validation for payment by Ukash and the voucher is validated;
or
2.3.2 You use
Ukash Tools to manage that voucher code as a result of which a new
voucher code is issued to you; or
2.3.3 Some other
person becomes a Holder of that voucher code.
2.4 This Agreement terminates automatically:
2.4.1 When you
cease to be a Holder; or
2.4.2 When the
validity period of the Ukash voucher code expires.
2.5 You may obtain up to 5 Ukash voucher codes of 500GBP each
(or equivalent in another currency) on any one day, and may hold up
to 2500GBP (or equivalent in another currency) of Ukash voucher
codes at any time, and these terms and conditions apply to all such
voucher codes and their use.
2.6 We reserve the right to refuse to validate a Ukash voucher
code and amount if we have reason to suspect that any breach of any
applicable law or regulation has occurred or is likely to
occur.
2.7 You agree that you will not use the Ukash payments system
for any illegal purpose.
3 Acquiring a Ukash voucher
code
3.1 Ukash voucher codes are issued by companies contracted as
business partners by Ukash.
3.2 Such business partners may use agents, retailers and other
distributors to issue Ukash voucher codes.
3.3 Contracted business partners are listed on the website
www.ukash.com and you should satisfy yourself that any company
purporting to issue Ukash to you is a contracted business
partner.
3.4 Ukash is not liable for any voucher codes issued by non
contracted business partners or any losses resulting from such
transactions.
4 Expiry of voucher
code
4.1 Each Ukash voucher code supplied will be accompanied by an
expiry date or an indication of the period of validity.
4.2 If you do not submit details of your Ukash voucher code to a
participating merchant prior to the expiry date stated or outside
of the period of validity the voucher code shall expire absolutely
and Ukash shall have no obligation to validate it for payment.
5 Making payments with
Ukash
5.1 You may use the Ukash payments system to make payments to
Participating Merchants. You will not pay any charges to Ukash for
making such a payment. Participating Merchants are listed on the
Ukash website www.ukash.com and you should satisfy yourself that a
merchant is a Participating Merchant before submitting the Ukash
voucher code to a merchant as payment. Ukash is not liable for any
loss under any circumstances resulting from the presentation of
voucher codes to anyone that is not a Participating Merchant.
5.2 Local regulations may limit the redemption of a Ukash
voucher code to only those Participating Merchants operating within
the country where the Ukash voucher code was issued and this will
be notified at www.ukash.com. You should satisfy yourself that a
Participating Merchant can accept a Ukash voucher code issued in
your country before submitting the Ukash voucher code to the
Participating Merchant.
5.3 Upon submission by you of the Ukash voucher code and face
value of the Ukash voucher to the Participating Merchant, and the
presentation by the Participating Merchant to Ukash of the Ukash
voucher code and face value of the Ukash voucher, Ukash will
validate the voucher code details and will advise the Participating
Merchant of the validity or otherwise of the submission.
5.4 In the event that Ukash shall advise the Participating
Merchant that the submission is valid, the Participating Merchant
may accept such advice and proceed to accept the voucher as
payment.
5.5 Should Ukash advise the Participating Merchant that the
submission could not be validated, then the Participating Merchant
will advise you accordingly.
5.6 Ukash voucher codes are unique 19-digit numbers. Each number
applies to a single voucher code for a single stated face value
amount and currency. If a voucher code and amount submitted to
Ukash for validation matches our issuing records, Ukash shall be
entitled to confirm such validation to the Participating Merchant.
Ukash shall not be obliged to undertake any verification of the
identity of the person submitting the voucher code and amount for
validation but shall be entitled to rely on the act of submission
as a warranty that you are the legitimate Holder of the voucher
code and entitled to use it.
5.7 Ukash only provides payment services, and has no involvement
in any contract or other dealings you have with the Participating
Merchant. Ukash shall not be liable in any way under the terms of
that contract or other dealings or in any way arising
therefrom.
5.8 Once Ukash has advised a Participating Merchant that a
submitted voucher code and amount are validated, Ukash has no means
of subsequently withdrawing such validation and the voucher code
and amount will be considered redeemed and cannot be used
again.
5.9 Any refund of a payment resulting from a claim against a
Participating Merchant is subject to the Participating Merchant's
own terms and conditions of business and refund policy. You should
make yourself aware of such terms and policies before using a Ukash
voucher to pay a Participating Merchant.
5.10 Paying with Ukash voucher codes is like paying with cash,
and so you will normally keep your own records of payments.
6 Change voucher
codes
6.1 If the face value amount of a validated voucher code exceeds
the amount of payment to the Participating Merchant, Ukash will
advise the Participating Merchant of a new voucher code and amount
and expiry date where the amount represents the "change" remaining
from the transaction. The Participating Merchant shall be
responsible for giving you this new voucher code and amount and
expiry date.
6.2 The terms and conditions of this Agreement shall apply to
any such "change" voucher code.
7 Security of your Ukash
voucher code
7.1 You are solely responsible for the security and integrity of
your Ukash voucher code. You acknowledge that Ukash is entitled to
act on any request submitted through a Participating Merchant
website for validation without enquiry into the identity or
entitlement of the Holder.
7.2 Ukash shall not be obliged to verify that the person
presenting the voucher code and amount to Ukash via a Participating
Merchant is the Holder of, or is otherwise entitled to use, the
Ukash voucher code.
7.3 If you have lost your Ukash voucher code, you may contact
Ukash via www.ukash.com and request that the voucher code is
cancelled. You will be asked to provide the voucher code, amount,
currency and the date, time and place of issue. If the voucher code
has not been redeemed prior to such notification and the voucher
code has not expired, Ukash will normally cancel the voucher code
and issue a replacement voucher code to you in substitution. Ukash
shall have an absolute discretion to refuse to issue a replacement
code, or to delay issuing a replacement, if it suspects fraud,
money laundering or other unlawful activity
8 Refunds
8.1 Local financial regulations may prevent Ukash being refunded
in some countries and this will be notified in the FAQs section at
www.ukash.com. Ukash is not liable for refunds, losses or
compensation relating to countries where refunds are not permitted
and you should satisfy yourself as to such local regulations before
getting a Ukash voucher.
8.2 In countries where Ukash operates under licence from the
Financial Services Authority you can request a refund for a Ukash
voucher code if it has not expired and is unused.
8.3 You will need to complete the Consumer Refund Application
Form available in the FAQs section at www.ukash.com and provide
identification, proof of address, the original voucher details and
any other information specified on the form.
8.4 Ukash will charge an administration fee for processing a
refund and the administration fee will be shown on the Consumer
Refund Application Form available in the FAQs section at
www.ukash.com. The due amount will be paid directly into your bank
account.
8.5 Any changes to the requirements for refunds and charges will
be notified on the website www.ukash.com. Any changes will take
effect 2 months after the date of posting on the website, and
shall apply to your use of the Ukash payment service after that 2
month period.
9 Ukash
Tools
9.1 A number of utility programs ("Ukash Tools") are provided to
help you manage your Ukash voucher codes. These are made available
at www.ukash.com.
9.2 No fees are applied for use of the Ukash Tools but should
any fees be imposed or increased notice of such changes will be
notified on the website www.ukash.com. Any changes will take effect
2 months after the date of posting on the website, and shall
apply to your use of the Ukash payment service after that 2
month period.
9.3 To use Ukash Tools you must register an email address and
create a password. You must then login with these details each time
you use Ukash Tools to Combine your Ukash, Split your Ukash or
Convert the currency of a Ukash voucher code. Each of these
activities results in the issue of a new Ukash voucher code to you
and creates a new Agreement on these terms and conditions.
9.4 The currency conversion tool may not be available in all
countries. Ukash is not liable for refunds, losses or compensation
relating to countries where currency conversion is not available
and you should satisfy yourself as to such local limitations before
getting a Ukash voucher.
9.5 The foreign exchange rates used when converting the currency
of a Ukash voucher code are published at www.ukash.com.
10
Regulation
10.1 Smart Voucher Limited (of which Ukash is a trading name) is
authorised and regulated by the Financial Services Authority in the
United Kingdom as an electronic money institution. This regulation
has been passported to all EEA countries in which Smart Voucher Ltd
operates, with approval from the relevant local regulator. Smart
Voucher Ltd (trading as Ukash) FSA register number: 447811
10.2 If you are unhappy in any way with the way the Ukash
payment system is operated please contact Ukash via the website
www.ukash.com.
10.3 If, after 8-weeks has elapsed from receipt of a complaint,
you believe that the matter is unresolved you may be able to take
the complaint to the Financial Ombudsman Service at South Quay
Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0845 080 1800 (UK
only) and e-mail: enquiries@financial-ombudsman.org.uk.
11
Identification
11.1 By acquiring a Ukash voucher code , you give your
consent, that Ukash has the right to perform such KYC (Know
Your Customer) checks deemed necessary to comply with Anti
Money Laundering regulations, or if Ukash , in its sole opinion,
suspect fraudulent use and/or misuse of the payment
system. You further undertake to co-operate fully to ensure the KYC
information required is provided to Ukash within the time
parameters to be specified by Ukash.
12 Termination
12.1 Ukash may terminate this Agreement immediately if:
12.1.1 You are in breach of
any of the terms of this Agreement; or
12.1.2 We have reason to
believe there has been or may be some illegality or fraud or misuse
of the Ukash payment system.
13 Suspension of
service
13.1 Ukash gives no warranty or representation that its Ukash
payment system will be available at all times.
13.2 Ukash reserves the right to suspend its system when it
considers necessary for maintenance or upgrade to the systems.
Ukash will use reasonable endeavours to minimise any periods during
which the system is unavailable and where possible will post notice
on its website www.ukash.com of such suspension.
14 Exclusion of representation
and warranties
14.1 Ukash makes no warranty or representation, either express
or implied, as to the suitability or fitness for purpose of the
Ukash payment system.
14.2 Ukash gives no warranty, makes no representation and
disclaims all liability so far as the law allows with respect to
the quality, availability, legality, delivery or any other aspect
of your dealings with Participating Merchants.
14.3 The process by which Ukash authorises merchants to accept
payment through the Ukash payment system does not involve any
assumption of responsibility or investigation as to those
merchants' dealings with any particular consumers and you therefore
deal with Participating Merchants entirely at your own risk. Any
grievance you may have with a Participating Merchant must be
pursued with that merchant and not with Ukash.
15 Limitation of
liabilities
15.1 You acknowledge that Ukash is solely providing a payment
service and that some limitation of liability on Ukash's part is
reasonable and customary in an Agreement such as this.
15.2 Accordingly, you agree that Ukash shall not be liable
for:
Any validation provided by Ukash not being acted upon by a
Participating Merchant for any reason;
Any delay or failure to carry out Ukash's obligations under this
Agreement arising from maintenance or upgrade of the system, or
failure of the system or other event beyond our reasonable
control;
Any loss or damage (including direct, indirect or consequential
loss or damage or loss of profits, business, revenue or
opportunity) arising from any delay or failure to carry out Ukash's
obligations under this Agreement (excepting Ukash's obligation to
make a refund under clause 8), save that nothing in this Agreement
shall purport to exclude or limit the liability of either party for
death or personal injury caused by negligence
15.3 Save in relation to death or personal injury caused by
negligence, in no circumstances shall Ukash's liability hereunder
exceed the face value of the Ukash voucher code that is issued to
you.
15.4 The Financial Services Compensation Scheme is not
applicable to Ukash voucher codes. No other compensation schemes
exist to cover losses claimed in connection with a Ukash voucher
code.
16
Indemnity
16.1 You hereby indemnify and agree at all times to hold Ukash
harmless from and against all losses, demands, claims, damages,
expenses (including reasonable legal costs) and liabilities arising
from any third party claim resulting from your use or misuse of the
Ukash payment system, or for harm suffered directly or indirectly
by Ukash as a result of your breach or non-observance of your
obligations under this Agreement.
17 Privacy of your
data
17.1 The Ukash Privacy Policy and information about our use of
cookies can be viewed at the website www.ukash.com
18
Miscellaneous
18.1 This Agreement is governed and construed by the laws of
England and both parties submit to the exclusive jurisdiction of
the English Courts.
18.2 Ukash reserves the right to assign, subcontract, novate or
transfer its obligations hereunder to any third party.
18.3 Nothing in this Agreement is intended to create any rights
which are enforceable by any person who is not a party to this
Agreement under the Contracts (Rights of Third Parties) Act
1999.
18.4 If any clause or part of any clause of this Agreement shall
be found to be illegal or unenforceable, then the validity and
enforceability of the remainder of the Agreement shall not be
adversely affected.
18.5 Any delay or failure by Ukash to enforce or pursue any
remedy or right hereunder shall not be deemed to be a waiver of
that remedy or right and will not prevent that right or remedy from
subsequently being exercised or enforced.
18.6 This Agreement constitutes the entire agreement between us
relating to the provision of the Ukash payment system and
supersedes any previous agreements and understandings between us
relating thereto.