The official language
for the Ukash Terms and Conditions is English. A free translation
service provided by Google™ Translate is available through the link
provided. This Google translation should not be considered an exact
translation and is not sanctioned or approved in anyway whatsoever
by Ukash. Only the Ukash English version will have any legal effect
for compliance or enforcement purposes.
EFFECTIVE 5th AUGUST 2011
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 ends. This will not affect your refund
rights as detailed below.
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 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 the validity of any voucher codes
originating from any person who is not a Ukash contracted business
partner or for any losses or damages resulting from the supply of
voucher codes from any such persons (whether such voucher code is
supplied direct to you, acquired you in the manner described in
section 2.2, or is the original source of voucher codes
subsequently derived from that voucher code).
4 Redemption by Ukash
4.1 Each Ukash voucher code supplied, including Change vouchers,
will be accompanied by a Use By date or an indication of the period
of validity and the Issue Date of your Ukash voucher will be deemed
to be exactly one year prior to this date. This Issue Date is the
date from which the Ukash voucher is activated and can be used to
make a payment as described below in section 5.
4.2 If you do not submit details of your Ukash voucher code to a
participating merchant or to the Ukash Tools prior to the Use By
date stated, you authorise Ukash to automatically redeem your
voucher on your behalf. Therefore if you submit your Ukash voucher
outside of the period of validity, the voucher code shall no longer
be usable for making a payment transaction and Ukash has no
obligation to validate it for payment. However this will not affect
your right to have refunded as detailed in section 8 the value
associated with a voucher automatically redeemed on your
behalf.
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
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.
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 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 obtaining a Ukash
voucher.
8.2 In countries where Ukash operates under license from the
Financial Services Authority you can request a refund for a Ukash
voucher code.
8.2.1 Your right to request a refund
commences from the Issuing date of the voucher to you (see 4.1) and
continues for a period of 7 years.
8.2.2 Voucher codes must be unused
at the time of refund request.
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.
8.4.1 For refund requests made in
the 12 months commencing from the Issuing date of the voucher to
you a Service Fee of 6% of the face value will be deducted subject
to a minimum charge of £2.50 or equivalent.
8.4.2 For refund requests in the
period of 12 months following the period in 8.4.1 the full face
value of the voucher will be refunded. However, refund requests in
this period will be subject to an administration fee of £30.00 or
equivalent per voucher for which a refund is requested. This
administration fee is payable irrespective of whether a refund is
granted and is payable before a refund request will be
considered.
8.4.3 For refund requests received
after the end of the period referred to in 8.4.2 a Service Fee of
10% of the face value will be applied subject to a minimum charge
of £2.50 or equivalent, the Service Fee increasing by 4% every 12
months until the end of the period in which you can request a
refund as per 8.2.1 above.
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 . Ukash Tools are provided for the convenience of
holders of Ukash voucher codes as defined in section 2.2. Access to
Ukash tools may be restricted without notice at the complete and
sole discretion of Ukash and Ukash will have no liability
whatsoever for any damages or losses arising as a result thereof.
Ukash voucher codes created via Ukash tools may be temporarily
invalidated pending investigation should:
9.1.1 the use of Ukash Tools exceeds
that consistent with such provision; or
9.1.2 there is suspicion of
unauthorised use for trade purposes; or
9.1.3 there is suspicion of
fraudulent or criminal activity taking place; or
9.1.4 the value of Ukash voucher
codes held exceeds the limit stated in section 2.5
9.2 If Ukash reasonably suspects that you are in breach of any
part of section 9.1 or that you have redeemed or attempted to
redeem a voucher code originating from any person who is not a
Ukash contracted business partner (in any of the circumstances
described in section 3.4) then Ukash reserves the right to
permanently invalidate this voucher and any other Ukash
voucher supplied to or held by you (whether or not any such other
vouchers originate from a person who is not a Ukash contracted
business partner). In these circumstances you must contact Ukash
customer services as soon as possible in order to verify that all
activity in relation to all your vouchers is authorised, lawful,
and in accordance with this Agreement. Ukash will issue new
voucher codes to you for the same value as your invalidated
vouchers only if you can prove that you have acted
lawfully and in accordance with this Agreement in every respect.
Your failure to do so will lead to the value of all your affected
vouchers being permanently forfeited. These scenarios (in 9.1) are
provided as examples only, and Ukash may in addition invalidate any
voucher codes at its sole and absolute discretion without prior
notice to you.
9.3 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.
9.4 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 to you and
creates a new Agreement on these terms and conditions. We recommend
you monitor the Use By date of all your unused Ukash vouchers and
use the Tools to generate a new Ukash voucher code if the Ukash
voucher will remain unused after this date.
9.5 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.
9.6 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.