• Terms and Conditions

  • TERMS AND CONDITIONS EFFECTIVE 1st August 2013


    This is a summary of the terms and conditions for using Ukash. The full Terms and Conditions are available here

    1 What is Ukash?
    The Ukash payment scheme enables you to make online payments without the need for accounts or credit or debit cards. The scheme uses individually encoded Ukash voucher codes issued in exchange for cash.

    2 How does Ukash work?
    When you present a valid Ukash code for payment at a Participating Merchant website, Ukash provides an online validation of the code enabling your payment to be confirmed.
     
    3 Where can I spend Ukash?
    At any Participating Merchant website; a business that has a contract with Ukash and that has integrated the Ukash payment system and operates under the Ukash scheme rules.

    4 When do these terms and conditions start?
    By becoming the Holder of a Ukash voucher code you agree to be bound by the terms and conditions set out in this Agreement.

     

    5 How do I get Ukash?  

    Ukash voucher codes are issued by companies contracted as business partners by Ukash.

     

    6 Getting Ukash legally

    Ukash is not liable for the validity of any voucher codes obtained from anyone who is not a Ukash business partner.

     

    7 How many codes can I get?

    You may obtain up to 5 Ukash voucher codes of 200GBP each (or equivalent in another currency) on any one day, and may hold up to 1000GBP (or equivalent in another currency) of Ukash voucher codes at any time.

     

    8 When do these Terms and Conditions end?

    You cease to be a Holder of a Ukash voucher code when:


     

    • You use the voucher code at a Participating Merchant or
    • You use Ukash Tools to manage the voucher code and a new voucher code is issued to you or
    • You provide the details of the Ukash voucher code to another person, even if they are acting unlawfully or are guilty of misrepresentation.

     


    9 Keeping Ukash codes safe
    You are responsible for keeping your Ukash voucher code details safe. You accept that Ukash is entitled to process a payment via a Participating Merchant website without knowing the identity or entitlement of the Holder of the Ukash.

    10 Getting a refund

    Where Ukash operates under license from the UK Financial Conduct Authority you can request a refund for any valid and unused Ukash voucher code. Your right to request a refund starts on the day you get your code and continues for a period of 7 years. So you should keep your voucher receipt as proof of purchase.

     

    1 Introduction
    1.1 These terms and conditions of usage constitute the agreement between you and Smart Voucher Limited ("Ukash") of The Counting House, 3rd Floor, 53 Tooley Street, London, SE1 2QN, 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 Being gifted a Ukash voucher code and being in receipt of proof of purchase including the original voucher receipt; or
    2.2.3 Submitting the voucher code and amount to a Participating Merchant for validation for payment by Ukash as a result of which a new voucher code is issued to you; or
    2.2.4 By registering to use Ukash Tools to manage that voucher code as a result of which a new voucher code is issued to you.
    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 200GBP each (or equivalent in another currency) on any one day, and may hold up to 1000GBP (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.
    2.8 You agree that you will keep proof of purchase of the Ukash voucher code including the original voucher receipt and that this proof of purchase may be requested by Ukash to establish that you are the Holder of the Ukash voucher code as defined in 2.2.

    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 unique19-digit numbers. Each number applies to a single voucher code fora 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.
    7.4 You cease to be the holder of the Ukash if you provide the details of the Ukash voucher code to some other person (see 2.3.3) whether such a person is acting unlawfully or is guilty of misrepresentation.

    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 Conduct 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.
    8.2.3 Ukash reserves the right to decline a refund request if you cannot prove that you are a Holder of a Ukash voucher code as defined in 2.2 and you should retain proof of purchase including the original voucher receipt.
    8.3 You will need to complete the Consumer Refund Application Form available in the FAQs section at www.ukash.com and provide by post or any other method specified by Ukash proof of your identity, proof of your 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 10% of the face value will be deducted subject to a minimum charge of £10.00 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 15% of the face value will be applied subject to a minimum charge of £15.00 or equivalent, the Service Fee increasing by 5% every 12months 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.
    8.6 Any personal data provided in connection with a refund will be protected as specified in clause 17 Privacy of Your Data.

    9 Ukash Tools and Other Products
    9.1 A number of Ukash Products including utility programs such as "Ukash Tools", are provided to help you use and manage your Ukash voucher codes . These are made available at www.ukash.com.These Ukash Products and Ukash Tools are provided for the convenience of holders of Ukash voucher codes as defined in section 2.2. Access to these products and 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 or any other Ukash product may be temporarily invalidated pending investigation should:
    9.1.1 the use of Ukash Tools exceed 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 Ukash Products and the use of Ukash Tools may have fees applied, and these will be clearly displayed before you complete your transaction for the Ukash product concerned. Should any fees be imposed or increased on either Ukash Tools or other Ukash Products 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 comply with the registration requirement which includes registration of an email address and the creation of a password. You agree that you will only register one email address for usage of Ukash Tools and acknowledge that if you register multiple email addresses this can be regarded by Ukash as a suspicious activity.
    9.4.1 You agree that Ukash may monitor all tools transactions to ensure compliance and to verify that you have not registered multiple email addresses in order to access Ukash Tools.
    9.4.2 You must login 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 if successful will result 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 Ukash Tools to generate a new Ukash voucher code if the Ukash voucher will remain unused after this date.
    9.4.3 Ukash reserves the right to permanently invalidate any Ukash voucher codes supplied to you.
    9.4.4 You agree that should further identification and/or verification be required to perform or complete Ukash Tools or Ukash Product transactions, 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 and Regulatory requirements.
    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 Ukash is a trading name of Smart Voucher Ltd., authorised and regulated by the Financial Conduct Authority in the United Kingdom as an Electronic Money Institution. FCA Register No: 900007.This E-Money licence has been passported to EEA member states.
    10.2 If you are unhappy in any way with the Ukash payment system please try and resolve the matter first with Ukash Customer Support via the website www.ukash.com
    10.3 If you are not happy with the Ukash response you can ask for your case to be escalated as a complaint. If you are then not happy with the outcome or the way your complaint has been handled, and after 8 weeks has elapsed from receipt of the escalated complaint, you may be able to take the complaint to the Financial Ombudsman Service. We will provide details of how to contact the Ombudsman.

    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. Any personal data provided in connection with the KYC process will be protected as specified in clause17 Privacy of Your Data.

    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

    17.2 As a regulated financial institution Ukash is required to hold customer data for a minimum of 6 years, after which it will be destroyed. Any personal data will be held securely in line with the Ukash Privacy Policy published at www.ukash.com and used for audit purposes only.

    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.


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© 2006 - 2014 Smart Voucher Limited. All Rights Reserved. Ukash is a trading name of Smart Voucher, authorised and regulated by the Financial Conduct Authority in the United Kingdom as an electronic money institution. The E-Money regulation 2011 allows Ukash to passport into all EEA countries where Smart Voucher Ltd operates, with the approval of the local regulator. FCA Registered No:900007. Company No 4202050 registered in England & Wales: The Counting House, 3rd Floor, 53 Tooley Street, London, SE1 2QN, United Kingdom.