THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE PAYFORTHEM ONLINE WEBSITE AND THE SERVICES AVAILABLE ON THE PAYFORTHEM ONLINE WEBSITE.
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As used in our Terms and Conditions, the terms: |
(a) |
"bank card" refers to a Visa® or MasterCard® credit card or debit card issued by or through a UK bank or building society; |
(b) |
"card issuer" refers to the issuer and owner of a bank card; |
(c) |
"prohibited purpose" refers to any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services; or the purpose of sending a payment to yourself as the recipient; |
(d) |
"recipient" refers to the person identified as the beneficiary of a voucher purchase; |
(e) |
"Purchaser”/sender" refers to the person who buys or initiates the carrying out of a voucher purchase by using the Payforthem Online Service; |
(f) |
"transaction" refers to each voucher purchase that you initiate under, and each other use that you make of, the Payforthem Online Service; |
(g) |
"Payforthem" ,”Payforthem.com”,“Payforthem.co.uk”,”Payforthem.eu”,"we","our" or "us" refers to First Call Business Services Ltd, which is a limited company incorporated under the Companies Act 1985 as a private company by The Registrar Of Companies in England and Wales and whose registered office is at 71 Kings Avenue, Bromley, BR1 4HL, England; and, in the provisions listed in clause 15 (other than clause 9.7) and in references to "our negligence or fraud", includes any affiliate or agent of First Call Business Services Ltd when performing a task which would otherwise have to be performed by First Call Business Services Ltd in connection with its provision of the Payforthem Online Service; |
(h) |
"Payforthem Online Service" refers to any or all of the services which are made available by us by means of the Payforthem Online Site; |
(i) |
"Payforthem Online Site" or "site" refers to the Web site operated by us to provide online voucher transmission services and related information facilities; and |
(j) |
"you" or "your" refers to any person who uses the Payforthem Online Site, whether as a purchaser/sender or as a recipient. |
We may change our Terms and Conditions from time to time. We will notify you of any change to our Terms and Conditions by posting a clear and readily accessible notice of change on the Payforthem Online Site. Our Terms and Conditions were last changed on November 22, 2008. No change which we may make will affect the terms on which you used the Payforthem Online Site, or on which we provided Payforthem Online Service to you, before we posted the notice of change on the Site. No change which we may make will affect your ability to terminate your agreement with us under clause 14.1 below. |
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1. |
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1.1 |
Our agreement with you is that we will take reasonable care to provide the Payforthem Online Service. As such, we agree to provide you with the voucher transmission services (including the "special services") and the related information facilities described from time to time on the Payforthem Online Site. |
1.2 |
We will generally rely without further enquiry on messages that are transmitted through the Payforthem Online Site and actually received by us, unless we have actual notice that any such message is incorrect, unauthorised or forged. |
1.3 |
We do not accept any responsibility to you for:
(a) |
the goods or services which the vouchers purchased using the Payforthem Online Service are ultimately exchanged for by the recipient;
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(b) |
malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us; |
(c) |
any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control; |
(d) |
the services provided to you by your card issuer; |
(e) |
viruses caused by third parties; |
(f) |
errors on the Site or with the Payforthem Online Service caused by incomplete or incorrect information provided to us by you or a third party; |
(g) |
any unauthorised use or interception of any message or information before it reaches the Site; or |
(h) |
any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data). |
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1.4 |
We have no obligation to you to initiate or perform a voucher purchase or other transaction as part of the Payforthem Online Service if:
(a) |
we are unable to obtain satisfactory evidence of your identity; |
(b) |
we have reason to believe that the transaction message is incorrect, unauthorized or forged; |
(c) |
you provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; or |
(d) |
your card issuer does not authorise your use of your bank card for payment of the transaction and our related charges, |
and we do not accept any liability for damages resulting from non-delivery or delay in the delivery of a voucher to a recipient or failure to perform a transaction under the Payforthem Online Service by reason of any of these matters. |
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1.5 |
We may refuse to provide the Payforthem Online Service (in whole or in part) to you if to do so may breach any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. However, if we refuse to provide the Payforthem Online Service (in whole or in part) for any of these reasons, we will wherever practicable notify you that we have done so and, unless we are prevented from doing so for some legal reason, we will explain why we have done so. |
1.6 |
We may suspend the operation of the Payforthem Online Site or the Payforthem Online Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the services provided by the Payforthem Online Site or the Payforthem Online Service are interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimise the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud. |
1.7 |
We will generally communicate with you through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions. |
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2. |
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2.1 |
You agree to pay our charges for each voucher purchase or other transaction which you initiate or request under the Payforthem Online Service. Clear information explaining our charges can be viewed in the FAQs section on the menu. |
2.2 |
You must pay for the principal amount of a voucher purchase and our charges by using a bank card. Each time you use the Payforthem Online Service, you agree that we are authorised to charge your card issuer for the principal amount of any voucher purchase and our charges relating to the relevant transaction before we deliver the voucher purchase order or other transaction. The amount that we will charge to your card issuer will be notified to you prior to your final authorisation of the transaction. |
2.3 |
You acknowledge and agree that:
(a) |
when you register with us, you will provide us with true, accurate, current and complete information; |
(b) |
you will maintain and promptly update such information to keep it true, accurate, current and complete; |
(c) |
you will not use the Payforthem Online Service for or in connection with any prohibited purpose;
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(d) |
you will not initiate a voucher purchase or other transaction under the Payforthem Online Service in breach of these Terms and Conditions or any other restriction or requirement of use described on the Payforthem Online Site; and |
(e) |
you are responsible for the security of your password and e-mail account log-in in accordance with clause 7 below. |
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2.4 |
You acknowledge and agree that information about you, and the services we provide to you, may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where:
(a) |
we are required by law to do so; or |
(b) |
if we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity. |
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2.5 |
You agree that you will generally communicate with us through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions. |
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3. |
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3.1 |
All currency converted under the Payforthem Online Service is converted at our rate of exchange. The conversion will be calculated at the time you initiate the voucher purchase. The recipient will receive their voucher in their own local currency, irrespective of currency denomination of the voucher purchased. |
3.2 |
We use an exchange rate which is comparable to rates used by bureaux de change and other retail currency exchange facilities which offer exchange of comparable amounts of currency to the general public. Our exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to you and the currency exchange rate received by us will be kept by us, in addition to our charges. Information about exchange rates for specific destination countries can be found online on Payforthem.com, Payforthem.co.uk & Payforthem.eu |
3.3 |
You acknowledge that when you initiate a voucher purchase through the Payforthem Online Service, the currency in which you wish payment to be made to the recipient is always the local currency for the recipient’s country of residence. |
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4. |
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4.1 |
"Under laws relating to online contracts, you have a right to cancel your agreement with us at any time after you indicate your acceptance of our Terms and Conditions. This right of cancellation continues until the expiry of fourteen days beginning on the day after your acceptance of our Terms and Conditions. You may cancel your agreement with us by:"
(a) |
Tel: +44 (0) 77 3817 8310; |
(b) |
Writing to us at: Payforthem Customer Services, First Call Business Services Ltd, 71 Kings Avenue, Bromley, BR1 4HL, England ; |
(c) |
Fax: +44 (0) 208 082 5154 or |
(d) |
email: support@Payforthem.com |
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We will accept any notice which indicates, in whatever form of words, that you wish to cancel your agreement with us. |
4.2 |
If you exercise your right to cancel under clause 4.1 before you have sent a voucher purchase order to us, your agreement with us will terminate and you will not be able use the Payforthem Online Service to send any voucher purchase orders. We will not charge you any cancellation fee. |
4.3 |
If you exercise your right to cancel under clause 4.1 after you have sent a voucher purchase order to us, we will reimburse any payments which you made to us before cancellation, but:
(a) we will make a cancellation charge (for details see Cancellation charges); and
(b) we will not reimburse you if we have delivered the order to the recipient or the recipient has collected the order before we receive your notice of cancellation.
(c) if we will have incurred a delivery charge by the time we receive your notice but have not delivered the order yet, we will also NOT reimburse the delivery charge |
4.4 |
Your right of cancellation under laws relating to online contracts is in addition to your right as sender upon request to us (by using any of the methods described in clause 4.1 above) to receive a refund of:
(a) |
the principal amount of the voucher purchase (at our exchange rate applicable at the time the refund is made for vouchers denominated in local currencies to the recipient) if payment is not made to the recipient within 45 days; and |
(b) |
any charge paid by you in respect of a voucher purchase if we have not made the vouchers available to the recipient within the time specified by us for the selected Payforthem Online Service (subject to the business hours of the location selected for delivery and other conditions beyond our control, such as bad weather or telecommunications failure, recipient being uncontactable) . |
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5. |
If you discover any errors or have any problems with or related to the Payforthem Online Site or Payforthem Online Service, you must first contact us by e-mail at support@Payforthem.com or call us on telephone number +44 (0) 77 3817 8310. |
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6. |
You will be required to register with us in order to use the Payforthem Online Service. Registration is subject to these Terms and Conditions. |
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7. |
You will choose a UserID and Password upon registering with us. You are responsible for maintaining the confidentiality of your UserID and Password, and are fully responsible to us for all activities that occur under your UserID and Password. You agree to immediately notify us by calling us on +44 (0) 77 3817 8310 of any unauthorized use of your UserID and Password or any other breach of security. Once you have told us that there has been an unauthorized use of your UserID and Password, we will take immediate steps to try to prevent these from being used. Subject to our taking such steps, we are not liable for any loss or damage arising from your failure to comply with your obligation under clause 5 or this clause 7. You may have a right against your card issuer to have sums refunded or recredited to you if fraudulent use is made of your bank card. |
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8. |
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Please view our Privacy Policy. We may change our Privacy Policy in the future. You should check the Privacy Policy regularly for changes. We reserve the right to verify any of the information you provide. We may use the service of EquiFax Ltd. UK to verify consumer information, excluding any credit advice. |
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9. |
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9.1 |
We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a voucher delivery has failed in such circumstances we will refund to you the principal sum and the service charge). |
9.2 |
If a voucher delivery fails due to the recipient being unreachable, you have a right to receive a refund
- The refund will be paid back at the exchange rate prevailing on the day the refund is made (for vouchers denominated in local currencies to the recipient)
- The refund will be paid less all the commissions and charges
- Where the voucher purchased was denominated in sterling only (Payforthem voucher), the refund will not be subject to exchange rate conversion. Commissions and charges will NOT be refunded.
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9.3 |
If any loss which you or a recipient (who is not registered with us) suffers is not covered by a right to payment under the conditions referred to in clause 9.2, we will only accept liability for that loss up to a limit value of the vouchers purchased, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under unrelated transactions, you might be able to claim up to combined voucher value for the transactions. We do not, in any event, accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control. |
9.4 |
Any claim for compensation made by you and/or a recipient (who is not registered with us) must be supported by any available relevant documentation. |
9.5 |
Nothing in this clause 9 shall exclude liability for our fraud. |
9.6 |
Where you are sending a voucher to a recipient who is not registered with us, you agree to accept the provisions of this clause 9 not only for yourself, but also on behalf of the recipient. |
9.7 |
Your relationship is with First Call Business Services Ltd only. You agree that no affiliate or agent of First Call Business Services Ltd owes you any duty of care when performing a task which would otherwise have to be performed by First Call Business Services Ltd under its agreement with you.
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10. |
The Payforthem Online Site and the Payforthem Online Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Payforthem Online Site and the Payforthem Online Service shall remain our property and/or the property of such other third parties. The Payforthem Online Site and the Payforthem Online Service may be used only for the purposes permitted by these Terms and Conditions or described on the Site. You are authorized solely to view and to retain a copy of the pages of the Payforthem Online Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the purchase or sale of, post on the World Wide Web, or in any way distribute or exploit the Payforthem Online Site, the Payforthem Online Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Payforthem Online Site or Payforthem Online Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Payforthem Site (or printed pages of the Site). The name Payforthem and other names and indicia of ownership of First Call Business Services Ltd products and/or services referred to on the Payforthem Online Site are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Site may be trademarks of their respective owners.
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11. |
The Payforthem Online Site may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by, or association with, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of First Call Business Services or Payforthem. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. "LINKS TO OTHER WEB SITES "LINKS TO OTHER WEB SITES |
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12. |
These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us. |
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13. |
We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent. |
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14. |
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14.1 |
Either you or we may terminate the agreement between us upon giving not less than 1 day's notice. You may send us a notice of termination by any of the means described in clause 4.1 above. |
14.2 |
You shall notify us immediately if any of the following events occurs:
(a) |
you become, or are likely to become, insolvent or are declared bankrupt; |
(b) |
any other event which affects or might affect your ability to perform your agreement with us. |
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14.3 |
We may terminate our agreement with you and/or suspend the Payforthem Online Service (in whole or in part) in relation to you with immediate effect and without prior notice to you if:
(a) |
any event set out in clause 14.2 occurs; |
(b) |
you are in breach of any provision of these Terms and Conditions; |
(c) |
it appears to us that you have become or are likely to become mentally incapable of managing your property and affairs, or any other event occurs which affects your legal capacity or ability to contract with us on our Terms and Conditions; and |
(d) |
your use of the Payforthem Online Service or the Site is disruptive to our other customers. |
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We shall endeavour to give you prior notice of any such termination or suspension and, if it is not practicable to give such prior notice, endeavour to give notice to you of such termination or suspension as soon as possible thereafter. |
14.4 |
We may terminate our agreement with you and/or suspend the Payforthem Online Service on the basis of information supplied to us (whether orally or in writing) that we in good faith believe to be true. |
14.5 |
The termination of our agreement with you and/or the suspension of the Payforthem Online Service shall not affect any rights or obligations arising prior to or arising during or after the date of termination or suspension or which arise in consequence of it, and all such rights and obligations shall continue to be subject to these Terms and Conditions. |
14.6 |
Neither you nor we shall be liable to the other for any liabilities suffered or incurred by the other arising out of the taking of any action which you or we are authorised to take or which is otherwise provided for under these Terms and Conditions or by any restriction or requirement for use of the Payforthem Online Service described on the Site, including without limitation the exercise of any powers of termination and/or suspension under this clause 14. |
14.7 |
The provisions of our agreement with you shall continue to apply during any suspension of the Payforthem Online Service. The provisions of clauses 1.3 to 1.6 (inclusive), 2.4, 6 to 11 (inclusive), 14, 15 and 17 (and the definitions set out above which are used in those clauses) shall survive any termination of our agreement with you.
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15.. |
The Contracts (Rights of Third Parties) Act 1999 shall not apply to the agreement between us and accordingly nothing in it shall be directly or indirectly enforceable by any third party, nor is it intended to confer a benefit on any third party. However, clauses 1.2, 2.4, 3, 9.7, 10, 11 and 17 shall also operate for the benefit of, and accordingly be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by, our affiliates and agents. Our agreement with you may be changed or terminated without the consent of any such affiliate or agent.
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16. |
In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
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17.. |
Our agreement with you is governed by English law. We both agree that any dispute, claim or other matter relating to the Payforthem Online Site or the Payforthem Online Service will be dealt with by the English courts only. |
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