These Terms and Conditions apply to your Flexepayments Voucher and its use by You. By using your Flexepayments Voucher You are deemed to accept these Terms and Conditions.
Your Voucher is an E-money product, therefore:
TheThe Financial Services Compensation Scheme does not apply to your Flexepayments Voucher and there is no ability to reverse the transaction once your Flexepayments Voucher has been redeemed. For your protection, all unused Voucher Balances are safeguarded in accordance with the Electronic Money Regulations until redeemed.
FLEXE PAYMENTS is committed to providing fair, honest and transparent services to all our Customers. In accordance with this commitment we deemed appropriate to provide you with a summary of the Terms and Conditions for using your Flexepayments Voucher to ensure that you fully understand your rights and responsibilities as a Holder of a Flexepayments Voucher. The full terms and conditions are available below this summary.
Please read this Summary and the full Terms and Conditions carefully (together the ‘Agreement’) as they constitute your Agreement with FLEXE PAYMENTS (MLT) Ltd. ( “Processor”).
Any references to “we”, “us” or “our” s” shall be taken as references to Flexepayments and FLEXE PAYMENTS (MLT)Ltd. Any references to “you” or “your” shall be taken as references to you, the Flexepayments Holder.
SUMMARY OF THE TERMS AND CONDITIONS>
· What is a Flexepayments Voucher?
Flexepayments is a prepaid voucher that lets you make online payments or top-up existing online accounts held with Participating Merchants. It effectively enables a payment and/or top-up option for use online at websites. Because Flexepayments Vouchers are prepaid, the risk of having your identity and banking information exposed online when using this method of payment is vastly reduced. This makes it safer than conventional online payment methods. Your Flexepayments Voucher will display a numeric Personal Identification Number (PIN), which you need to enter on your chosen Merchant Website to redeem the voucher.
· How do I purchase a Flexepayments Voucher?
You can purchase Flexepayments Vouchers through Approved Distributors at preselected Retail Outlets such as newsagents, convenience stores, petrol stations and travel kiosks, or through Approved Distributors online. The Flexepayments Vouchers can be purchased in various pre-determined amounts. Only companies that have contracted with the Processor are authorised to distribute Flexepayments Vouchers. (For a list of Approved Distributors, you can visit our Website and use our store locator (https://www.Flexepayments.com/sales_outlet_finder/).
· Where can I spend my Flexepayments Vouchers?
You can use your Flexepayments Vouchers at any of our Participating Merchants’ Websites. Participating Merchants means any business or other organisation that has a contract with the Processor to integrate the Flexepayments payment scheme into its payment processing system and operates under the Processor’s rules. Since our Participating Merchants List is growing daily, before spending your Flexepayments Voucher, you should be sure that a Merchant Website is genuine.http:www.Flexepayments.com
You may use your Flexepayments Voucher as often as you like to load funds and purchase goods and/or services up to a total of the Value.
· Who can spend the Flexepayments Vouchers and how do you spend the Flexepayments Vouchers?
Per these terms and conditions only you are permitted to spend your Flexepayments Voucher online and you are responsible for the security and integrity of your Flexepayments Voucher PIN, therefore, for your protection, you must not disclose, transfer or assign the Flexepayments Voucher PIN to any third party. Any disclosure or part disclosure of the Flexepayments Voucher PIN will severely compromise the security and integrity of your Flexepayments Voucher PIN and you could lose the Value of funds associated with your Flexepayments Voucher PIN
The Flexepayments Voucher may require activation. It can be used at any time after purchase, subject to activation (if required) until 12 months from the date of purchase from an Approved Distributor
When you present a valid Voucher PIN for payment at a Participating Merchant Website or any other electronic channel, subject to any terms and conditions as may be required by such Merchant, the Processor will provide an online validation of the PIN which enables the confirmation of your payment. Once the Processor has advised a Participating Merchant that a submitted Flexepayments Voucher PIN and amount is validated, the Processor has no means of subsequently withdrawing such validation and amount will be considered redeemed and cannot be used again.
There is a risk that you will lose the value of a Flexepayments Voucher if the Voucher PIN is lost, stolen or made known to another person. The Processor will cancel lost or stolen Voucher PINs upon request as long as they remain unredeemed.
Each time the Flexepayments Voucher is used to top-up an existing account or purchase goods and/or services from a Participating Merchant’s Website, the Balance will be immediately reduced by the Transaction Amount charged by the Participating Merchant.
A validated transaction cannot be revoked.
· How long are the Flexepayments Vouchers valid for?
All Flexepayments Vouchers are valid for 12 months from the date of purchase from an Approved Distributor.
Each Flexepayments Voucher has a Use By Date. Printed on your Flexepayments Voucher is either the Use by Date or a message stating that your Flexepayments Voucher will expire one year from the date of purchase. If you do not use your Flexepayments Voucher within one year from the date of purchase, you will be unable to use that Voucher in a transaction with an Approved Merchant.
However, the unused Value of such a Flexepayments Voucher may be transferred to a new Flexepayments Voucher on or before the ‘Use by Date’ or you may apply for a refund up to six years from the end of this Agreement (Validity Period).
After the ‘Use By Date’, the Processor will charge a Maintenance Fee of £2 per month, or the equivalent amount in Euros or other currencies, which will be deducted from the Balance of your Flexepayments Voucher.
Your refund may also be subject to a Redemption Fee of £15 or the equivalent amount in Euros or other currency (please refer to the relevant section below).
Further details are provided in the full Terms and Conditions set out after this summary.
· Am I entitled to cancel my Flexepayments Voucher and request a refund?
The Processor allows a ’14 Day Cooling-Off Period’, from the Issue Date, during which you can request a refund free of charge provided the Flexepayments Voucher is unused.
After that, you may at any time request a refund of the remaining funds on your Flexepayments Voucher. A Redemption Fee of £15 will be applied if the refund is requested on or before the Use by Date. The Redemption Fee also applies for refund requests made after the 12-month period following the Use by Date.
The Redemption Fee DOES NOT apply for refund requests made in the 12-month period starting after the Use by Date.
Further details are provided in the full Terms and Conditions set out after this summary.
Your Flexepayments Voucher will constitute your proof of purchase, therefore, make sure you keep the original purchased Voucher or your PIN in electronic form as it was transmitted, if the Authorised Distributor is an electronic retailer. You may be asked to provide identification and further documentation to verify your identity to our reasonable satisfaction (KYC).
· Are there any additional Fees?
If your Flexepayments Voucher has not been used on or before the Use by Date, a Maintenance Fee of £2 per month will be deducted from your remaining Balance.
If you request a refund after the Use by Date and a Redemption Fee is payable, this Redemption Fee will apply in addition to the monthly Maintenance Fee.
Further details are provided in the full Terms and Conditions set out after this summary.
· Cancelling a Flexepayments Voucher
All Flexepayments Vouchers are monitored to determine any irregular activity and the Processor reserves the right to cancel any Flexepayments Voucher where the acquisition of such Flexepayments Voucher is reasonably regarded as suspicious to the Processor. In these circumstances, you must contact the Processor customer services at info@Flexepayments .com as soon as possible in order to verify that all activity in relation to all your vouchers is authorised and lawful. The Processor will issue a new Flexepayments Voucher to you for the same value as your invalidated Vouchers only if you can prove to our reasonable satisfaction 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 Flexepayments Vouchers being permanently forfeited.
FULL TERMS AND CONDITIONS
‘Applicable Law’ means all applicable laws of England and regulations of the United Kingdom or any other territory, and the prevailing regulations, requirements, determination, practice and guidelines of any other governmental or regulatory organisation of which The Processor is a member or by which it is regulated;
‘Approved Distributor’ – means a company that has been authorised by way of written agreement to distribute Flexepayments Vouchers using its Retail Outlets, whether at physical locations or online;
‘Balance’ – means the balance of available on the Flexepayments voucher from time to time which can be used for payment at a Participating Merchant;
‘Business Day’ – means any day from Monday through Friday, except statutory holidays in England & Wales;
‘Customer’ – means a member of the public who purchases a Flexepayments Voucher;
‘Flexepayments ’ – means the Flexepayments Voucher
‘Holder’ – means a Customer or any other person who has lawfully purchased a Flexepayments Voucher from an Approved Distribution network or has received a Flexepayments Voucher from The Processor directly;
‘Issue Date’ – means the date reflected on the face of the Flexepayments Voucher (or on its electronic form) as the date of purchase from an Approved Distributor or through their Retail Outlets by a Customer;
‘Merchant Website’ – means a website of a Participating Merchant which, at the time of a transaction, has been approved by The Processor to accepts Flexepayments Vouchers as a method of payment;
‘Participating Merchant’ is a business or other organisation that has a contract with the Processor to integrate the Flexepayments payment system into its payment processing system and operates under the Flexepayments rules;
‘PIN’ – means the personal identification number or voucher code assigned to each Flexepayments Voucher;
‘Retail Outlet’ – means any location, physical or online, which has an agreement with an Approved Distributor or directly with the Processor , authorising the sale of Flexepayments Vouchers;
‘Terms and Conditions’ – means these general terms and conditions, as may be amended from time to time;
‘Transaction Amount’ – means the amount that is deducted from the Balance on the Flexepayments Voucher in connection with the use of your Flexepayments Voucher, excluding any applicable fees;
‘Use-By-Date’ – means the final date that a Flexepayments Voucher may be used which is a year from the Issue Date;
‘Voucher’ – means the Flexepayments Voucher reflecting a 16-digit PIN which is sold by an Approved Distributor or any replacements thereof which may be issued from time to time in accordance with these Terms and Conditions.
‘we’, ‘us’ or “our” and similar expressions – shall be taken as references to The Processor Ltd.
‘Website’ means the website http:www.Flexepayments.com or any website that may replace it;
‘you’, ’your’ or ‘yours’ and similar expressions refer to the individual who purchases and/or uses the Flexepayments Voucher.
1.11.1. FLEXE PAYMENTS (MLT) Ltd is registered as an Agent of CFS-ZIPP Limited with the Financial Conduct Authority (registration number 902052). CFS-ZIPP is authorised as an Electronic Money Institution with the Financial Conduct Authority: (registration number 902072) and has been passported into all European Economic Area (EEA) countries.
1.2. FLEXE PAYMENTS (MLT) Ltd has its registered address aat “The Plaza” Commercial Centre Level 8, Suite 5 Bisazza Sliema 1640 MALTA.
1.3. Flexepayments is a product managed by the Processor and issued under the relevant FCA Licence. pan>
1.4. Flexepayments is a prepaid means of payment that may be used as an online payment method that enables you to load funds into your accounts or purchase goods and/or services through the use of individually encoded Flexepayments Voucher codes issued in exchange for cash, cleared funds or other payment method accepted by the Approved Distributor concerned. Flexepayments provides an online validation of the presented Flexepayments Voucher PIN to Participating Merchants.
1.5. Flexepayments is not a credit card, bank account or debit card and no interest will be credited to the value of the Flexepayments Voucher.
1.6 Flexepayments vouchers cannot be reloaded with additional funds, whether any Balance is remaining thereon or not.
2. Acceptance of terms and conditions
2.1. You become bound by these terms and conditions set out in this Agreement in relation to any use of the Flexepayments payment system by becoming the Holder of a Flexepayments Voucher.
2.2. For your protection, you must not disclose, transfer or assign the Flexepayments Voucher PIN or any of your rights under this Agreement to any third party.
2.3. You become a Holder of a Flexepayments Voucher by purchasing a Flexepayments Voucher from an Approved Distributor.
2.4. You cease to be a Holder of a Flexepayments Voucher when:
2.4.1. The Balance of your Flexepayments Voucher PIN has been drawn down to zero through a Transaction, or a series of transactions at Merchants’ Websites; or
2.4.2. The Flexepayments Voucher’s Balance is refunded by The Processor; or
2.4.3 The Balance of a Flexepayments Voucher has been drawn down to zero through fees and monthly charges as detailed in Clause 7 of these Terms and Conditions; or
2.4.4 Any combination of 2.4.1 to 2.4.3 which reduces the Flexepayments Balance to zero; or
2.4.5 The Flexepayments Voucher is suspended due to being used fraudulently, according these Terms and Conditions or associated with criminal activity.
2.5. You may obtain, subject to the processes deployed by Flexepayments and/or the Participating Merchant to detect and prevent fraud, up to 5 Flexepayments Vouchers in England & Wales (unless otherwise restricted to a lower amount on any one day.
2.6. You may not hold in excess of 5 vouchers at any time, and these Terms and Conditions apply to all such Flexepayments Vouchers and their use. Failure to adhere to this would constitute a breach of these terms and conditions and will give rise to suspicion of fraudulent and/or criminal activity as a result of which Flexepayments reserves the right not to redeem and/or refund the Flexepayments Voucher and report such suspicions to the authorities.
2.7. All Flexepayments Vouchers are monitored to determine any irregular activity and the Processor reserves the right to cancel any Flexepayments Voucher where the acquisition of a Flexepayments Voucher is reasonably regarded as suspicious to the Processor. In these circumstances you must contact the Processor’s customer services department as soon as possible in order to verify that all activity in relation to all your Flexepayments Voucher is authorised and lawful. The Processor will issue new Vouchers to you for the same value as your invalidated vouchers only if you can prove to our reasonable satisfaction 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.
2.8. The Processor reserves the right to refuse to validate a Flexepayments Voucher and amount if it reasonably suspects that any breach of any Applicable Law or regulation or fraud has occurred or is likely to occur.
2.9. You must not use the Flexepayments payments system and/or Flexepayments Vouchers for any illegal purposes.
2.10. You must keep proof of purchase of the Flexepayments Voucher including the original Flexepayments Voucher receipt or or your PIN in electronic form as it was transmitted, if the Authorised Distributor is an electronic retailer and this proof of purchase may be requested by Flexepayments (in addition to any other information we may reasonably require you to provide) to establish that you are the Holder of the Flexepayments Voucher.
2.11 A transaction that has been validated by the Processor cannot be revoked.
2.12 When you pay by using your Flexepayments Voucher, you will be asked to enter the Flexepayments Voucher’s PIN.
2.13 Upon entering the Flexepayments Voucher PIN, you irrevocably authorise the Merchant’s Website to deduct the funds immediately from your Balance for the relevant product/service. At the same time, you irrevocably authorise us to process the deduction from the Flexepayments Voucher and authorise the payment to the Merchant’s Website.
3. Receiving a Flexepayments Voucher
3.1. Flexepayments Vouchers are distributed by Approved Distributors.
3.2. Such Approved Distributors may distribute Flexepayments Vouchers at Retail Outlets.
3.3. Approved Distributors and any associated retailers or other Retail Outlets are listed on the website www.Flexepayments.com and you should satisfy yourself that any company purporting to distribute Flexepayments Vouchers to you is a Flexepayments contracted Approved Distributor.
3.4. Flexepayments is not liable for the validity of any Flexepayments Vouchers obtained from any person who is not a Flexepayments contracted Approved Distributor or for any losses or damages resulting from the supply of Flexepayments Vouchers from any such persons.
4. Redemption by Flexepayments
4.1. A Use-By Date will be ascribed to each, supplied or generated, Flexepayments Voucher. The Use-By Date will be one year from the Issue Date unless otherwise stated on the Voucher.
4.2. If you do not submit details of your Flexepayments Voucher PIN to a Participating Merchant on or before the Use By Date stated on your Voucher, the PIN shall no longer be usable for making a loading/top-up transaction or for purchasing goods and/or services and the Processor is under no obligation to validate it and this Agreement will terminate on the day after the Use-By Date.
4.3. Failing to submit your Flexepayments Voucher PIN to a Participating Merchant on or before the Use By Date (determined as a year after the date of purchase printed on your Voucher or for electronically delivered Flexepayments Vouchers the date you purchased your Voucher ) will not affect your refund rights; however, the value of your refund will be subject to a Redemption Fee detailed in clause 7 (Refunds & Fees).
5. Making payments with Flexepayments at Participating Merchants
5.1. Your Flexepayments Voucher can be used as described in this clause 5 from the Issue Date to either top-up an existing account held with a Participating Merchant or to make payments at Participating Merchants’ Websites in exchange for goods and/or services.
5.2. Upon submission by you of the Flexepayments Voucher PIN to the Participating Merchant, and the presentation by the Participating Merchant to the Processor of the Flexepayments Voucher PIN, the Processor will validate the Flexepayments Voucher details and will advise the Participating Merchant of the validity or otherwise of the submission. Each time a Flexepayments Voucher is used either to top-up an account or purchase goods and/or services from a Merchants’ Website, the Balance will be immediately reduced by the Transaction Amount.
5.3. In the event that the Processor advises the Participating Merchant that the submission is valid, the Participating Merchant may accept such advice and proceed to accept the Flexepayments Voucher as payment.
5.4 The amount available for a transaction with a Flexepayments Voucher is limited to the Balance remaining thereon. An attempt to complete a transaction with a Voucher with a Balance in an amount less than the Transaction Amount will result in the transaction being declined. Cashback transactions (a Transaction Amount greater than the price of the goods and/or services, inclusive of all applicable taxes) cannot be made with the Flexepayments Vouchers
5.4. Should the Processor advise the Participating Merchant that the submission could not be validated, and the Participating Merchant will advise you accordingly.
5.5. Flexepayments Voucher PINs are unique 16-digit numbers. Each number applies to a single voucher PIN for a single stated face value amount. If a Flexepayments Voucher submitted to the Processor for validation matches our records and the Balance or aggregate Balance if multiple vouchers are used is sufficient to satisfy the Transaction Amount, the Processor shall be entitled to confirm such validation to the Participating Merchant and redeem the voucher. The Processor shall not be obliged to undertake any verification of the identity of the person submitting the Flexepayments Voucher for validation but shall be entitled to rely on the act of submission as a warranty that you are the legitimate Holder of the Flexepayments Voucher and entitled to use it.
5.6. The Processor only operates electronic money vouchers and provides payment services and has no involvement in any contract or other dealings you have with the Participating Merchant. The Processor shall not be liable in any way under the terms of that contract or other dealings or in any way arising therefrom.
5.7. Once the Processor has advised a Participating Merchant that a submitted Flexepayments Voucher(s) is validated, the Processor has no means of subsequently withdrawing such validation and the amount spent from your Flexepayments Voucher will be considered redeemed and cannot be refunded by the Processor. Therefore, by entering your PIN, you acknowledge that your Balance will be decreased by the Transaction Amount plus any fees, if applicable, whether you receive the funds in your account or the goods and/or services in question or not.
5.8 All debits of Transaction Amounts from your Balance will be made in the currency your Voucher was issued. If you load funds into your Merchant website account or pay for goods or services in another currency, the Transaction Amount will be converted into the currency your Voucher was issued at the rate offered by the Participating Merchant.
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 Flexepayments Voucher on the Merchant’s website.
5.10. Paying with a Flexepayments Voucher is like paying with cash, and so you must keep your own records of payments for your reference, as you are responsible for keeping track of your transactions and Balance. No statements are issued by The Processor.
6. Security of your Flexepayments Voucher
6.1. You are solely responsible for the security and integrity of your Flexepayments Voucher. You acknowledge that the Processor 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.
6.2. The Processor shall not be obliged to verify that the person presenting the Flexepayments Voucher PIN to the Processor via a Participating Merchant is the Holder of, or is otherwise entitled to use, the Flexepayments Voucher.
6.3. If you have lost your Flexepayments Voucher, you may contact the Processor via the www.Flexepayments.com Website and request that the voucher Flexepayments Voucher is cancelled. You will be asked to provide the Flexepayments Voucher Serial Number, amount, currency and the date, time and place of issue. If the Flexepayments Voucher has not been redeemed prior to such notification, the Processor will normally cancel the Flexepayments Voucher and issue a replacement Voucher to you in substitution. The Processor shall have absolute discretion to refuse to issue a replacement, or to delay issuing a replacement if it reasonably suspects fraud, money laundering or other unlawful activity. You may be required to provide identification and further documentation to verify your identity to our reasonable satisfaction (KYC).
6.4 If your Flexepayments Voucher has been stolen or you have cause to believe your Voucher has been used in an unauthorised way, you agree to inform the Processor thereof immediately. Please contact us via e-mail (info@Flexepayments .com) or by using the form on our website so that the remaining Balance on your Flexepayments Voucher can be frozen, and the Voucher cancelled. You will be asked to provide the Processor with your name, the serial number of the Voucher, the denomination in which the Voucher was purchased and your recent transaction history with regards to that Voucher.
We cannot cancel or re-issue a Flexepayments Voucher without its serial number. It may require up to one full Business Day from the time you notify us about the unauthorised use or theft to successfully freeze your Balance. If our records indicate that there is a Balance remaining on the Flexepayments Voucher, we will cancel the Voucher and shall issue a new Flexepayments Voucher in the amount of the Balance on the cancelled Voucher to you, unless we have reasonable grounds to suspect fraud or gross negligence on your part. We may deactivate any replaced Voucher at any time if fraud is suspected. All transactions carried out prior to the end of one full Business day after the notification to us of the loss, theft or unauthorised use of your Voucher shall be for your account and The Processor will have no responsibility in this regard whatsoever.
6.5 We shall only issue a new Flexepayments Voucher after you have provided us with evidence of purchase of the stolen Voucher. You shall furthermore be obliged to provide us with the relevant file reference of the police station in charge, should that be deemed necessary.
6.6 You furthermore agree to cooperate with us in our efforts to assist in the prosecution of unauthorised users.
7. Refunds & Fees
7.1 The Processor does not charge a fee for the use of the Flexepayments Voucher Code. Some Approved Distributors and Merchants’ Websites may charge administration or other fees for the use of the Flexepayments Voucher, which will be included in the Transaction Amount. The Processor advises that you consult the Merchants’ Websites’ terms and conditions to obtain any information on such fees prior to completing any transaction. Furthermore, you shall not be charged for checking your Balance on the Website.
7.2 Your right to request a refund commences on the Issue Date of the Voucher until its Use by Date. After the Use by Date your right for a refund continues for a period of 6 years’ subject to the terms and conditions in this agreement;
7.3 You may obtain a refund of the Balance on your Flexepayments Voucher at any time. You will have to provide the Voucher’s serial number, and the remaining Balance. You will also have to provide the Processor with your full name, address, email, telephone number, and send us the original voucher(s) or proof of your PIN in electronic form as it was transmitted, if the Authorised Distributor is an electronic retailer, copies of identification containing your address and the name of your bank and number of the bank account to which the authourised refund will be sent, Furthermore, the Processor can request that you provide any other information which in their sole discretion is required by law and/or is necessary to ensure that you are the true holder of the Flexepayments Voucher before the refund can be processed.
7.4. Flexepayments Vouchers must be either unused at the time of refund request or have a remaining Balance;
7.5. You must have acquired the voucher from an Approved Distributor;
7.6. The Processor reserves the right to decline a refund request if you cannot prove that you are a Holder of a Flexepayments Voucher as defined in clause 2 and you should retain any proof of purchase including the original voucher receipt or your PIN in electronic form as it was transmitted, if the Authorised Distributor is an electronic retailer.
7.8. Subject to clause 7 you can obtain a refund for the full value of the Flexepayments Voucher, at no cost, if you cancel the Voucher within 14 days of acquiring it (the “Cooling-Off Period”). After the Cooling-Off period, The Processor will refund the face value of the Flexepayments Voucher on request subject to a fee of £15 for processing a refund (the “Redemption Fee”) if you ask for a refund:
7.8.1. on or before the Use by Date; or
7.8.2. after the 12-month period following the Use By Date.
7.9. The Redemption Fee will be shown on the Consumer Refund Application Form available in the FAQs section at www.Flexepayments.com
7.10. The Processor will apply a monthly maintenance/administration charge of £2 or other currency (the “Maintenance Fee”) to the value of your Flexepayments Voucher after the Use-By Date, which will be directly deducted from the Balance of your Flexepayments Voucher. This will be calculated on a monthly basis.
7.11. Fees will be applied to the voucher accordingly until the Balance of the Flexepayments Voucher is reduced to zero or your right to claim a refund has expired. You can avoid incurring further Maintenance Fees by applying for a new Flexepayments Voucher Code for the Balance, which will be issued at no cost, at any time on or before the Use-By-Date.
7.12. The amount of any refund (subject to the above fees) will be remitted to your bank account only, after contact with the Processor’s customer service department, who will assess the refund claim and make certain that you have complied with the terms of this Agreement in every respect.
7.13. All fees will be for the amounts stated above.
7.14. Any personal data provided in connection with a refund will be protected as specified in this agreement.
8. The Processor’s rights to restrict access to, suspend and permanently cancel Flexepayments Vouchers
8.1. The Processor may temporarily or permanently invalidate Flexepayments Vouchers issued by an Approved Distributor of the Processor if, (or in the case of a temporary invalidation, if, pending investigation):
8.1.1. The Processor has reasonable suspicion of unauthorised use for trade purposes; or
8.1.2. the quantity of Flexepayments Vouchers held exceeds the limit stated in clause 2.6; or
8.1.3. you have redeemed or attempted to redeem a Flexepayments Voucher obtained from any person who is not a contracted Approved Distributor (in any of the circumstances described in clause 3.4); or
8.1.4. The Processor has good reason to suspect that the vouchers are associated with suspicious activity that is considered to be related to fraudulent and/or illegal use.
8.2. If the Processor has temporarily invalidated your Flexepayments Voucher in accordance with clause 8.1, then unless you can show that all activity in relation to your Vouchers is authorised, lawful and in accordance with this agreement within a reasonable amount of time, the Processor may permanently invalidate (cancel) this Flexepayments Voucher.
8.3. If the Processor permanently invalidates your Flexepayments Voucher, it may also permanently invalidate any other Flexepayments Voucher supplied to or held by you (whether or not any such other vouchers originate from a person who is a contracted Approved Distributor).
8.4. Upon becoming aware that The Processor has invalidated your Flexepayments Voucher PIN you must contact the Flexepayments customer services as soon as possible in order to confirm that all activity in relation to your voucher/s is authorised, lawful, and in accordance with this Agreement. You may be asked to provide proof of identification and your address or location, the original Flexepayments Voucher details and any other information or asked to take actions deemed necessary for the purposes of avoiding any unauthorised use of the Flexepayments Voucher and/or proving that you are the legitimate and true Holder of the PinPurchse Voucher. You may also be required to give your consent for us to undertake checks with 3rd party companies for example in order to verify your identity. If you can prove to our reasonable satisfaction that you did not use your Flexepayments Voucher as envisaged by any part of clause 8. and you are the true Holder, the Processor will issue new Voucher/s to you for the same value as your invalidated vouchers.
8.5. The Processor may monitor all issuance, redemption, and Flexepayments transactions to ensure compliance and to monitor any fraudulent or suspicious transactions.
8.6. The Processor reserves the right to permanently cancel any Flexepayments Voucher supplied to you where the Processor reasonably considers the use of such Voucher to be unlawful, and/or fraudulent.
8.7. You agree that should further identification and/or verification be required to perform transactions, you consent to the Processor performing such Customer Due Diligence checks deemed necessary by The Processor and to comply with Anti-Money Laundering/Counter-Terrorism Financing regulations and any other applicable regulatory requirements.
8.8 The Flexepayments Voucher may not be available in all countries and local financial regulations may prevent Flexepayments Vouchers being refunded in some countries and this will be notified in the FAQs section at www.Flexepayments.com. The Processor is not liable for refunds, losses or compensation relating to countries where the Flexepayments Voucher is not available, and you should satisfy yourself as to such local limitations before obtaining a Flexepayments Voucher.
9.1. If you are unhappy in any way with the Flexepayments Voucher system or Flexepayments Voucher, please try and resolve the matter first with the Processor’s Customer Support via the website www.Flexepayments.com.
9.2. If you are not happy with our response you can ask for your case to be escalated as a complaint. You are also able to take your complaints to the Financial Ombudsman Service at the following address:
The Financial Ombudsman Service
London E14 9SR
or send an email at firstname.lastname@example.org; or you can also call the Financial Ombudsman using the following telephone numbers:
(open 9am to 5pm, Monday to Friday)
020 7964 1000 (calls to this number are normally free for people ringing from a “fixed line” phone, but charges may apply if you call from a mobile phone);
+44 20 7964 1000 (for calls from outside the UK);
020 7964 1001 (main fax)
10.1 By acquiring a Flexepayments Voucher, you give your consent that the Processor has the right to perform such Customer Due Diligence (CDD) checks (including searches of third-party databases ) deemed necessary. CDD checks would normally be performed as part of an investigation into activity which is in the Processor’s sole opinion considered to be suspicion or to comply with the law and /or applicable regulations including but not limited to Anti-Money Laundering Regulations. You further undertake to cooperate fully to ensure the CDD information required is provided to the Processor within the time parameters to be specified by the Processor. Any personal data provided in connection to the aforementioned process will be held by the Processor in accordance with the Data Protection Act 1998 and protected as specified in Clause 16 below (Privacy of your Data).
11.1. This Agreement terminates automatically on the earlier of:
11.1.1. the date on which the full value of the Balance of the Flexepayments Voucher Code is reduced to zero either because it has been used at a Participating Merchant/s or applicable fees as specified in this agreement have reduced the Balance to zero; or
11.1.2. the date on which the Flexepayments Voucher Code Balance is refunded; or
11.1.3. the day following the Use by Date (determined as a year after the date of purchase), if your Voucher’s Balance has not been reduced to zero on or before the Use-By Date.
11.2. The Processor may terminate this Agreement immediately if:
11.2.1. The Processor invalidates the Flexepayments Voucher in accordance with clause 8.1, 8.2 or 8.3; or
11.2.2. You acquire your Flexepayments Voucher from someone other than an Approved Distributor; or
11.2.3. You are in serious breach of this Agreement; or
11.2.4. We have reason to believe there has been or may be some illegality or fraud or misuse of the Flexepayments system in relation to your Flexepayments Voucher.
11.3 If you choose to terminate this Agreement, we will block your Flexepayments Voucher within the next Business Day (Monday to Friday-standard Business Hours), so it cannot be used, and the refund process will have to be followed in order to get your money back. You will not be entitled to redemption of money that you have already spent on goods and/or services.
12. Variation of terms
12.1. The Processor may change these Terms and Conditions if we reasonably consider it necessary to do so. If we do, we shall give 60 days’ notice before such change is made. All notices and changes will be posted on the Website. You should check the Website regularly for such notices and changes. It is agreed that you shall be deemed to have consented to the modification if you do not indicate your rejection in writing before the proposed date of entry into force of the modification. If you do not object to the modifications in writing within 60 days of the notification, the modifications shall be deemed to have been accepted and shall become an effective part of our contract. You are entitled to terminate our contract before the date of entry into force of the modification with immediate effect. Simply expanding the functionality or introducing new services shall not affect a contract amendment.
12.2 The Processor reserves the right to vary these Terms and Conditions from time to time on www.Flexepayments.com for any of the following reasons:
12.2.1. where we reasonably consider it will make the Terms and Conditions easier to understand or fairer to you or the change would not be to your disadvantage; or
12.2.2. to reflect any changes in the cost of providing our services to you (where the change made will reflect the change in costs to us); or
12.2.3. to take account of a regulatory requirement; or
12.2.4. because of changes to Applicable Law, codes of practice or the way in which we are regulated.
12.3. We may change our fees and charges or introduce a new fee or charge if there is a change in (or we reasonably expect that there will be a change in):
12.3.1. The costs we incur in carrying out the activity for which the fee or charge is or will be made; or
12.3.2. Regulatory requirements.
12.4. Any change or new fee or charge will be a fair proportion, as reasonably estimated by us, of the impact of the underlying change on the costs we incur in our business.
12.4. Any changes will be notified on our Website and will take effect 60 days after the date of posting on the Website (or shorter if required by law) and shall apply to your use of the Flexepayments Voucher service after that 60-day period.
12.5. You are deemed to accept any changes made unless, before the proposed changes are due to come into effect, you tell us that you want to terminate your Agreement with us and not accept the change. In this case you will be able to terminate your Agreement free of charge.
12.6 Notwithstanding the foregoing, the Processor reserves the right to make amendments without prior notice where such amendments are required immediately for purposes of maintaining or restoring security of the Flexepayments Voucher or the Website, or in order to comply with the law or a direction from a relevant Government regulator. We may also, where required by the law or direction from a relevant Government regulator, cancel or suspend any features or services of the Flexepayments V oucher without prior notice.
12.6. For the avoidance of doubt, these terms shall apply to vouchers issued on or after. 1st of July 2018
13. Suspension of service
13.1. The Processor gives no warranty or representation that its Flexepayments Voucher system will be available at all times.
13.2. The Processor reserves the right to suspend its system when it considers necessary for maintenance or upgrade to the systems. The Processor will use reasonable endeavours to minimise any periods during which the system is unavailable and where possible will post notice on its website www.Flexepayments.com of such suspension.
14. Exclusion of representation and warranties
14.1. The Processor makes no warranty or representation, either express or implied, as to the suitability or fitness for purpose of the Flexepayments Voucher system in relation to any specific customer requirements, needs or particular circumstances.
14.2. The Flexepayments Voucher system is a payment method of loading value and/or purchasing online goods and/or services.
Accordingly, unless we tell you otherwise:
14.2.1. the Processor 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; and
14.2.2. the process by which the Processor authorises merchants to accept payment through the Flexepayments payment system does not involve any assumption of responsibility or investigation by the Processor 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 the Processor.
15. Limitation of liabilities
15.1. You acknowledge that the Processor is solely providing a payment service and that some limitation of liability on the Processor’ part is reasonable and customary in an Agreement such as this.
15.2. Accordingly, you agree that the Processor shall not be liable for:
15.2.1. Any validation provided by the Processor not being acted upon by a Participating Merchant where the Participating Merchant’s failure to act does not result from our wrongful act or omission; or
15.2.2. Any delay or failure to carry out the Processor’s obligations under this Agreement arising from any abnormal and unforeseeable event outside our control where the consequences would have been unavoidable despite all our efforts to the contrary.
15.3 Some Merchant Websites may not authorise you to combine a payment of a Flexepayments Voucher with another method of payment. We cannot accept any liability for such refusals.
15.4 The Processor shall only be liable to you for direct and actual damages which were caused by the Processor’ own willful misconduct or gross negligence or the willful misconduct of gross negligence of our agents, where applicable. Subject to any mandatory statutory requirement, in no event shall the amount of our liability exceed the Transaction Amount, nor shall the Processor be liable for any indirect (including, but not limited to, loss of profit and/or data), incidental, consequential, exemplary, punitive or special damages, regardless of how they arise. We shall not be liable in any manner for any goods or services paid for with a Flexepayments Voucher.
15.4. The Financial Services Compensation Scheme is not applicable to Flexepayments Vouchers. No other compensation schemes exist to cover losses claimed in connection with a Flexepayments Voucher.
15.5 Any unredeemed funds on your Flexepayments Vouchers are being treated in accordance with the Payment Services Regulations 2017 and the Electronic Money Regulations 2011.
16. Payment for loss and third-party claims
16.1. You shall be liable for any damage caused by any conduct of yours that is in violation of these Terms and Conditions. Therefore, you will be liable for any amount the Processor loses or has to pay arising from any third-party claim resulting from your misuse of the Flexepayments Voucher system, or for harm suffered directly or indirectly by the Processor as a result of your breach or non-observance of your obligations under this Agreement.
17. Privacy of your data
18.1. This Agreement is governed by and construed in accordance with the laws of England and Wales and English courts will deal with any legal proceedings between us. Communications and notifications shall be made in English.
18.2. The Processor reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party (a “third party transferee”) without your consent provided that we will only assign or transfer such obligations if, in our reasonable opinion:
18.2.1. the third-party transferee to whom we make the transfer is capable of performing this Agreement; and
18.2.2. the way in which you are treated under this Agreement will not be affected in an important way by, or following, that transfer.
18.3. Where we assign or transfer (including by declaration of trust) all or any part of our rights and/or obligations under this Agreement to a third-party transferee, references in this Agreement to “we”, “us” and “our” shall be references to that third-party transferee.
18.4. Nothing in this Agreement is intended to create any rights that are enforceable by any person who is not a party to this Agreement, unless otherwise stated.
18.5. 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.
18.6. Any delay or failure by you or the Processor to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and, unless we tell you otherwise in the case of the Processor not exercising or enforcing a right or remedy, will not prevent that right or remedy from subsequently being exercised or enforced.
18.7. This Agreement constitutes the entire agreement between us relating to the provision of the Flexepayments Voucher system and supersedes any previous agreements and understandings between us relating thereto.