Introduction
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
Ukash payment system (the "Agreement").
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 14 days after the date
of posting on our site, and shall apply to your use of the Ukash
payment service after that 14 day period.
The Ukash payment system offers you the ability to effect online
purchases without the need for individual accounts or credit or
debit cards, through the use of individually encoded vouchers or
cards purchased for cash. Ukash provides an online verification of
the encoded voucher or card numbers to online merchants, allowing
you to purchase goods or services from merchants based on Ukash's
verification of your voucher or card
Acceptance of terms and conditions
By purchasing a Ukash payment voucher or card and by subsequently
submitting the encoded voucher or card number and amount to Ukash
for verification, 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.
You may purchase up to 5 Ukash vouchers of the sterling
equivalent of £500 (or EUR750) each on any one day, and may
hold up to the sterling equivalent of £3,000 Ukash vouchers
or cards at any time, and these terms and conditions apply to all
such vouchers or cards and their use.
We reserve the right to refuse to validate an encoded voucher or
card number and amount if we have reason to suspect that any breach
of any applicable law or regulation has occurred or is likely to
occur.
Making payments for online transactions
You may use the Ukash payments system to purchase goods and
services online from merchants who accept Ukash payments (a
"Participating Merchant").
Upon submission by you of the encoded voucher or card number and
face value of the Ukash voucher or card through the website of a
Participating Merchant, Ukash will undertake an online verification
of the voucher or card and will advise the Participating Merchant
of the validity or otherwise of the submission.
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 conclude the sale of the goods or
services to you. Should Ukash advise the Participating Merchant
that the submission could not be validated, then the Participating
Merchant will not proceed with the sale and will advise you
accordingly.
Ukash payment vouchers or cards carry a unique encoded 19 digit
number. Such numbers only apply to a single voucher or card for a
single stated face value amount. In the event that an encoded
number and voucher or card amount submitted to Ukash for
verification match our issuing records, Ukash shall be entitled to
issue such validation to the Participating Merchant. Ukash shall
not be obliged to undertake any verification of the identity of the
person submitting the encoded number and voucher amount for
verification but shall be entitled to rely on the act of submission
as a warranty that you are the legitimate bearer of the voucher or
card and entitled to use it.
Following Ukash advising a Participating Merchant that a
submitted encoded number and voucher amount are verified, any
subsequent purchase of goods or services by you from the
Participating Merchant shall constitute a contract between you and
the Participating Merchant and the terms of such contract are
entirely a matter for you and the Participating Merchant. Ukash
shall have no involvement in such contract nor shall Ukash be
liable in any way under the terms thereof or in any way arising
from it.
Once Ukash has advised a Participating Merchant that a submitted
encoded number and voucher or card amount are validated, Ukash has
no means of subsequently withdrawing such validation.
You warrant that your use of the Ukash payments system shall not
be for any illegal purpose.
If you do not submit details of your Ukash voucher or card to us
for verification prior to the expiry date stated on the voucher or
card, the voucher or card shall expire absolutely and Ukash shall
have no obligation to make any refund of the purchase price to
you.
Ukash will not be obliged to credit any interest to the value of
the voucher or card.
Following Ukash advising a Participating Merchant that a
submitted encoded number and voucher or card amount are verified,
if the face value amount of the validated voucher or card shall
exceed the cost of the goods or services purchased from the
Participating Merchant, Ukash will advise the Participating
Merchant of the new unique encoded number and value of the "change"
remaining from the transaction, and the Participating Merchant
shall be responsible for advising you of this information. The
terms and conditions of this Agreement shall then apply to the
subsequent presentation and use of any such "change" Ukash
voucher.
Security of your Ukash vouchers or cards
You are solely responsible for the physical security and integrity
of your Ukash vouchers or cards. You acknowledge that Ukash is
entitled to act on any request submitted through a Participating
Merchant website for verification without enquiry into the identity
or entitlement of the bearer.
Ukash shall not be obliged to verify that the person presenting
the encoded number and voucher or card amount to Ukash via a
Participating Merchant's website is the physical bearer of, or is
otherwise entitled to use, the Ukash voucher or card.
If you have lost your Ukash voucher or card, you may contact
Ukash with the encoded number and value of the voucher or card, the
date, time and place of purchase and request that the voucher or
card is cancelled. If the voucher or card has not been presented
via a Participating Merchant for verification prior to such
notification, Ukash will cancel the voucher or card and issue a
replacement voucher to you in substitution.
Termination
Ukash may terminate this Agreement immediately if:
You are in breach of any of the terms of this Agreement;
or
We have reason to believe there has been or may be some illegality
or fraud or misuse of the Ukash payment system.
Suspension of service
Ukash gives no warranty or representation that its Ukash payment
system will be available at all times. Further, Ukash reserves the
right to suspend its system when it considers necessary for
maintenance or upgrade to the systems. Ukash will use all its
reasonable endeavours to minimize any periods during which the
system is unavailable and where possible will try post notice of
such suspension on its website.
Exclusion of representation and
warranties
Ukash makes no warranty or representation, either express or
implied, as to the suitability or fitness for purpose of the Ukash
payment system.
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 or of the products or
services that you purchase or intend to purchase from them. 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.
Limitation of liabilities
You acknowledge that Ukash is solely providing an online
verification service to Participating Merchants and you further
acknowledge that some limitation of liability on Ukash's part is
reasonable and customary in an Agreement such as this.
Accordingly, you agree that Ukash shall not be liable for:
Any verification 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 direct or indirect loss or consequential loss or damage
arising from any delay or failure to carry out Ukash's obligations
under this Agreement, any loss of profits, business, revenue or
opportunity; or save that nothing in this Agreement shall purport
to exclude or limit the liability of either party for death or
personal injury.
Save in relation to death or personal injury, in no circumstances
shall Ukash's liability hereunder exceed the face value of the
Ukash vouchers you purchase.
Indentity
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.
Miscellaneous
This Agreement is governed and construed by the laws of England
and both parties submit to the exclusive jurisdiction of the
English Courts.
Ukash reserves the right to assign, subcontract, novate or
transfer its obligations hereunder to any third party.
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.
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.
Any delay or failure 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.
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.