1. General Provisions
1.1 Please read these Terms and Conditions carefully as they govern the contractual relationship between you and us relating to your use of the U-Pay E-Voucher payment system.
1.2 Your U-Pay E-Voucher is issued and operated by Prepaid Financial Conduct Limited whose registered office is at 4TH FLOOR, 36 Carnaby Street, London, W1F 7DR, United Kingdom. [“PFS”, “we” or “us”].
1.3 PFS is authorised and regulated by the Financial Conduct Authority of the United Kingdom as an electronic money institution with an e-money license.
1.4 You must be at least eighteen (18) years of age to obtain and use a U-Pay E-Voucher.
1.5 By purchasing or using a U-Pay E-Voucher you are agreeing to be bound by these Terms and Conditions.
1.6 The official language for these Terms and Conditions is English. Only these E-Voucher Terms and Conditions version shall have any legal effect for contractual, compliance or enforcement purposes.
1.7 PFS reserves the right to alter these terms and conditions from time to time by posting a two month notice of any changes. Any changes will take effect 2 months after the notice to you, and shall apply to your use of the U-Pay E-Voucher payment service after that 2 month period. Continued use of the U-Pay E-Voucher will be considered as your acceptance and agreement of these changes.
1.8 The U-Pay E-Voucher payment system enables you to make payments without the need for bank accounts or credit or debit cards, through the use of individually encoded and encrypted E-Voucher Codes issued in exchange for cash or other cleared funds.
1.9 A Participating Merchant is a business or other organization that has been approved by PFS to accept U-Pay E-Vouchers in payment, that has integrated the U-Pay E-Voucher payment system into its payment processing system and that operates under the U-Pay E-Voucher scheme rules.
1.10 U-Pay E-Vouchers may be marketed under various trade names but will always be recognized by a statement on the voucher identifying PFS as the issuer of record of the voucher.
1.11 You can obtain a copy of these Terms and Conditions at the time and place of purchase of a U-Pay E-Voucher. You can download a copy of these Terms and Conditions at any time from our Website www.u-pay.eu.
1.12 U-Pay E-Vouchers do not generate interest on the value of the Voucher Code.
2. Acceptance of terms and conditions
2.1 By becoming the Holder of a U-Pay E-Voucher Code you agree to be bound by the terms and conditions set out in this Agreement in relation to any use of the U-Pay E-Voucher payment system.
2.2 You become a Holder of a U-Pay E-Voucher Code by:
2.2.1 Obtaining a U-Pay E-Voucher Code from a Business Partner contracted to provide U-Pay E-Vouchers; or
2.2.2 Being gifted a U-Pay E-Voucher Code and being in receipt of proof of purchase including the original voucher receipt; or
2.2.3 Submitting a U-Pay Voucher code and corresponding amount to a Participating Merchant in payment; or
2.3 You cease to be a Holder of a U-Pay E-Voucher Code when:
2.3.1 You submit the voucher code and amount to a Participating Merchant for payment authorization by PFS and the voucher is validated; or
2.3.2 Some other person becomes a Holder of that voucher code and is identified as such.
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 U-Pay E-Voucher Code ends. This will not affect your refund rights as detailed below.
2.5 We reserve the right to refuse to validate a U-Pay E-Voucher Code and amount if we have reason to suspect that a breach of any applicable law or regulation has occurred or is likely to occur.
2.6 You agree that you will not use the U-Pay E-Voucher payments system for any illegal purpose. If the U-Pay E-Voucher is used in a way that is not in conformity with these Terms and Conditions, you will be held fully liable and you agree to hold PFS safe and harmless from any consequences of such unauthorized use or misuse.
2.7 You agree that you will keep proof of purchase of the U-Pay E-Voucher voucher code including the original voucher receipt and that this proof of purchase may be requested by PFS to establish that you are the Holder of the U-Pay E-Voucher Code as defined in 2.2
3. Buying a U-Pay E-Voucher
3.1 U-Pay E-Voucher voucher codes are commercialised by companies contracted and accepted by PFS as business partners. [Business Partners]
3.2 Business Partners may use retailers and other distributors to sell U-Pay E-Voucher Codes. [Retailers].
3.3 PFS is not liable for the validity of any voucher codes originating from any person or entity that is not a PFS contracted business partner or for any losses or damages resulting from the supply of voucher codes from any such persons or entities (whether such voucher code is provided directly or indirectly to you.
3.4 U-Pay E-Vouchers come normally in the following fixed denominations: €10, €20, €50, €100, €150, €250 subject to any specific country regulatory limitations and the Terms and Conditions.
3.5 You can purchase a U-Pay E-Voucher only from a Retailer upon payment by you of the value printed on the U-Pay E-Voucher ("Value").
3.6 You may obtain up to 10 U-Pay E-Voucher Codes in any one day, and may hold up to a total of 1500 EUR of U-Pay E-Voucher Codes at any time. These Terms and Conditions apply to all such voucher codes and their use.
3.7 Each U-Pay E-Voucher is allocated its own unique code. [Code]. When you purchase a U-Pay E-Voucher, the Retailer will hand over to you a paper voucher showing amongst other information your Code. You will need to use the Code to make a payment to a Participating Merchant.
3.8 If you find that your U-Pay E-Voucher is defective, you should tell us immediately (email@example.com). If it is not possible to remedy the defect, we will provide you with a new U-Pay E-Voucher. You agree to provide us with the relevant receipt(s) and information regarding the purchase of the defective U-Pay E-Voucher so we may investigate fully.
3.9 The commercial resale of U-Pay E-Voucher is prohibited by parties that are not Retailers.
4. U-Pay E-Voucher Redemption by PFS.
4.1 Each U-Pay E-Voucher Code provided will be valid for one year from the Issue Date indicated on the voucher. [Expiration Date]. The Issue Date is the date on which the U-Pay E-Voucher voucher is provided in its customary active state and can be used to make a payment as described below in article 5.
4.2 If you do not submit details of your U-Pay E-Voucher Code to a Participating Merchant prior to the Expiration Date, you authorize PFS to automatically redeem your voucher on your behalf. Consequently if you submit your U-Pay E-Voucher Code after the Expiration Date, the Voucher Code shall no longer be usable to make a payment transaction and PFS has no obligation to validate it for payment. However this will not affect your right to claim a refund of the voucher value automatically redeemed on your behalf at the Expiration Date in accordance with the terms of article 8.
5. Making payments with U-Pay E-Vouchers
5.1 You must treat the U-Pay E-Vouchers as if they were cash. If you lose the voucher you may be liable for the loss.
5.2 You may use the U-Pay E-Voucher payments system to make payments to Participating Merchants. You will not pay any charges to U-Pay E-Voucher for making such a payment. Participating Merchants are listed on the U-Pay E-Voucher website www.u-pay.eu and you should satisfy yourself that a merchant is a Participating Merchant before submitting the U-Pay E-Voucher voucher code to a merchant in payment. PFS is not liable for any loss under any circumstances resulting from the presentation of Voucher Codes to anyone that is not a Participating Merchant.
5.3 Local regulations may limit the redemption of a U-Pay E-Voucher Voucher Code to only those Participating Merchants operating within the country where the U-Pay E-Voucher Code was issued and this will be notified at www.u-pay.eu. You should satisfy yourself that a Participating Merchant can accept a U-Pay E-Voucher Code issued in your country before submitting the U-Pay E-Voucher Code to the Participating Merchant. If you are unsure you should contact our customer service team before making the purchase.
5.4 Upon your submission of a U-Pay E-Voucher Code to a Participating Merchant, and the subsequent request by the Participating Merchant to PFS for authorization of the U-Pay E-Voucher Code, PFS will validate the Voucher Code details and will advise the Participating Merchant of the validity or not of the submission.
5.5 In the event that PFS advises the Participating Merchant that the submission is valid, the Participating Merchant may accept such authorization and proceed to accept the voucher as payment.
5.6 Should U-Pay E-Voucher advise the Participating Merchant that the submission could not be validated, then the Participating Merchant will advise you accordingly.
5.7 U-Pay E-Voucher Codes are unique alpha numeric or numeric combinations. Each Voucher Code applies to a single voucher for a single stated face value amount and currency. If a Voucher Code and corresponding amount submitted to PFS for validation matches the issuing records, PFS shall confirm validation to the Participating Merchant.
5.8 PFS shall not be obliged to undertake any verification of the identity of the person submitting the Voucher Code and amount in payment. By submitting the Voucher Code for payment You warrant that you are the legitimate Holder of the Voucher Code and entitled to use it. If you suspect any misuse you must contact us immediately.
5.9 PFS only provides payment services and is not part to any contract or dealings you may have with a Participating Merchant and you agree to hold PFS free and safe from any such dealings or contracts between you and Participating Merchants.
5.10 Once PFS has advised a Participating Merchant that a submitted Voucher code and amount are validated, PFS has no means of subsequently withdrawing such validation and the Voucher Code and Amount will be considered redeemed and cannot be used again.
5.11 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 U-Pay E-Voucher voucher to pay a Participating Merchant.
5.12 You may use up to 10 U-Pay E-Vouchers on any one transaction with a maximum transaction value of €1500.00 subject to Merchant acceptance.
5.13 U-Pay E-Vouchers can’t be redeemed partially.
5.14 Paying with U-Pay E-Voucher voucher codes is like paying with cash, and so you will normally keep your own records of payments.
6. Security of your U-Pay E-Voucher Code
6.1 You are solely responsible for the security and integrity of your U-Pay E-Voucher Code. You must keep your U-Pay E-Voucher Code safe and protect it from access by unauthorised third parties. Do not give your Voucher Code to any unauthorised third party.
6.2 You must check that your U-Pay E-Voucher receipt or confirmation has a Voucher Code and serial number. If you cannot read your Voucher Code and serial number or you believe confirmation is corrupted in any way then you must inform us by phone or by e-mail (firstname.lastname@example.org) stating the serial number of the U-Pay E-Voucher. We will then provide you with a new U-Pay E-Voucher Code. If you are unable to read the Voucher Code but you are able to read the serial number of the U-Pay E-Voucher then you must send a scanned copy of the U-Pay E-Voucher via email to the Business Partner specific email address found on the U-Pay voucher or to the general email address email@example.com . After satisfactory verification we will send you a new U-Pay E-Voucher.
6.3 You acknowledge that PFS 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.
6.4 PFS shall not be obliged to verify that the person presenting the Voucher Code and amount to PFS via a Participating Merchant is the Holder of, or is otherwise entitled to use, the U-Pay E-Voucher Code.
6.5 If you have lost your U-Pay E-Voucher Code, you may contact U-Pay via www.u-pay.eu and request that the Voucher Code is recorded lost. You will be asked to provide the Voucher Code, amount, currency and the date, time and place of issue along with your proof of purchase.
6.6 If you believe any of your U-Pay E-Voucher transactions are incorrectly executed you must notify us as soon as possible but within 13 months of the date of the debit. We may bill you a chargeback or investigation fee of twenty five Euros (€25.00) prior to investigating your claim.
6.7 You cease to be the Holder of the U-Pay E-Voucher if you provide the details of the U-Pay E-Voucher Code to some other person (see 2.3.2) regardless whether such a person is acting unlawfully or is guilty of misrepresentation.
7.1 Local financial regulations may prevent U-Pay E-Vouchers being refunded in some countries. PFS 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 U-Pay E-Voucher.
7.2 In countries where PFS operates under license from the Financial Conduct Authority you can request a refund for a U-Pay E-Voucher Code.
7.2.1 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.
7.2.2 Voucher Codes must be unused at the time of refund request.
7.2.3 PFS reserves the right to decline a refund request if you cannot prove that you are a Holder of a U-Pay E-Voucher Code as defined in 2.2. Therefore you should retain proof of purchase including the original voucher receipt.
7.3 You will need to contact our customer service team for the Refund Application Process. You will need to also provide by post or any other method specified by PFS proof of your identity, proof of your address, the original voucher details and any other information specified on the form.
7.4 U-Pay E-Voucher 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 article at www.u-pay.eu. The due amount will be paid directly into your bank account.
7.4.1 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 €15.00 or equivalent.
7.4.2 For refund requests in the period of 12 months following the period in 7.4.1 the full face value of the voucher will be refunded. However, refund requests in this period will be subject to an administration fee of €35.00 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.
7.4.3 For refund requests received after the end of the period referred to in 7.4.2 a Service Fee of 15% of the face value will be applied subject to a minimum charge of €35.00, the Service Fee increasing by 5% every 12 months until the end of the period in which you can request a refund as per 7.2.1 above.
7.5 Any changes to the requirements for refunds and charges will be notified on the website www.u-pay.eu. Any changes will take effect 2 months after the date of posting on the website, and shall apply to your use of the U-Pay E-Voucher payment service after that 2 month period.
8.1 If you are unhappy in any way with the U-Pay E-Voucher payment system please try and resolve the matter with U-Pay E-Voucher Customer Services first via the phone number or email address stated www.u-pay.eu. Please be advised that complaints regarding Participating Merchants are not receivable nor treated by PFS.
8.2 If having received a response from our Customer Care Team you are unhappy with the outcome, please contact the Complaints Officer of Prepaid Financial Conduct Ltd, 4th Floor, 36 Carnaby Street, London, W1F 7DR, directly in writing or via email on firstname.lastname@example.org.
If the Complaints Officer of Prepaid Financial Conduct is unable to resolve your complaint and you wish to escalate your complaint further, please contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
9.1 By acquiring a U-Pay E-Voucher Code , you give your consent, that PFS has the right to perform such KYC (Know Your Customer) checks deemed necessary to comply with Anti Money Laundering regulations, or if PFS, in its sole opinion, suspects fraudulent use and/or misuse of the U-Pay E-Voucher payment system. You further undertake to co-operate fully to ensure the KYC information required is provided to PFS within the time parameters to be specified by PFS.
10.1 PFS may terminate this Agreement immediately if:
10.1.1 You are in breach of any of the terms of this Agreement; or
10.1.2 We have reason to believe there has been or may be some illegality or fraud or misuse of the U-Pay E-Voucher payment system.
11. Suspension of service
11.1 PFS gives no warranty or representation that its U-Pay E-Voucher payment system will be available at all times.
11.2 PFS reserves the right to suspend its system for maintenance or system upgrades whenever PFS considers necessary. PFS will use reasonable endeavors to minimize any periods during which the system is unavailable and where possible will post notice on its website of such suspension.
12. Exclusion of representation and warranties
12.1 PFS disclaims all warranties and clauses of any kind, express or implied, arising by statute or common law, related to this Agreement, including, any warranty of marketability, fitness for a particular purpose or non-infringement, each of which is hereby excluded by Agreement of the Parties. PFS shall not be liable for any failure to provide services, good or processes caused by third party processors and service providers (subject to PFS using reasonable endeavors to ensure any services, good or processes are performed by such third parties).
12.2 PFS gives no warranty, makes no representation and disclaims all liability to the fullest extent permitted by law with respect to the quality, availability, legality, delivery or any other aspect of your dealings with Participating Merchants.
12.3 The process by which PFS authorizes merchants to accept payment through the U-Pay E-Voucher payment system does not involve any assumption of responsibility or investigation as to those Merchants' dealings with any particular consumers. Therefore you 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 PFS.
13. Limitation of liabilities
13.1 You acknowledge that PFS is solely providing a payment service and that some limitation of liability on PFS’s part is reasonable and customary in an Agreement such as this.
13.2 Accordingly, you agree that PFS shall not be liable for: Any validation provided by PFS not being acted upon by a Participating Merchant for any reason; Any delay or failure to carry out PFS 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 PFS obligations under this Agreement (excepting U-Pay E-Voucher's obligation to make a refund under article 7), 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.
13.3 Save in relation to death or personal injury caused by negligence, in no circumstances shall PFS liability hereunder exceed the face value of the U-Pay E-Voucher Code that is issued to you.
13.4 The Financial Conduct Compensation Scheme is not applicable to U-Pay E-Voucher Codes. No other compensation schemes exist to cover losses claimed in connection with a U-Pay E-Voucher Code.
14.1 You hereby indemnify and agree at all times to hold PFS 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 U-Pay E-Voucher payment system, or for harm suffered directly or indirectly by PFS as a result of your breach or non-observance of your obligations under this Agreement.
15. Data Protection
16.1 The U-Pay E-Voucher is issued in Euro (€) and can only be used for payments in Euro.
16.2 This Agreement is governed and construed by the laws of England and both parties submit to the exclusive jurisdiction of the English Courts.
16.3 PFS reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party.
16.4 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.
16.5 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.
16.6 Any delay or failure by PFS 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.
16.7 This Agreement constitutes the entire agreement between us relating to the provision of the U-Pay E-Voucher payment system and supersedes any previous agreements and understandings between us relating thereto.
In case of conflict or discrepancy between the English language version of these terms and conditions and the translated versions in all other languages, the English language version shall prevail.