ecoVoucher Terms and Conditions

This document was last updated on October 29, 2019

These are PSI-Pay’s ecoVoucher Terms and Conditions applicable to ecoVouchers and ecoPayz Services (as defined below). Please read them carefully. If You do not agree with them, please do not purchase and use an ecoVoucher.

Terms and Conditions may be made available in a number of languages; all versions are legally binding but in the event of any inconsistency between English version and a translated version English version prevails.

CONTENT

Please click the links below if You wish to go directly to a specific section of these Terms and Conditions. The headings are for reference only and do not affect construction and interpretation.

1. About PSI-Pay
2. Definitions
3. Scope
4. Contacting Us
5. An ecoVoucher and ecoPayz Services
6. Eligibility
7. Distributors
8. Purchase of an ecoVoucher
9. Using an ecoVoucher
10. Security of an ecoVoucher
11. Redemption of an ecoVoucher
12. Information on activities with an ecoVoucher
13. Prohibited Transactions
14. Fees
15. Liability
16. Warranties and Disclaimers
17. Security validation and verification checks
18. Privacy
19. Complaints Procedure
20. Disputes with Participating Merchants
21. Suspending and temporarily and permanently invalidating an ecoVoucher
22. Termination
23. Communication
24. Changes to these Terms and Conditions
25. Miscellaneous

1 About PSI-Pay

PSI-Pay is a brand name for PSI-Pay Ltd., a company incorporated under the laws of England and Wales with registration number 05899168 and with registered office at Afon Building, Worthing Road, Horsham, West Sussex, RH12 1TL, United Kingdom. PSI-Pay Ltd. is authorised by the Financial Conduct Authority (FCA) of the United Kingdom to issue electronic money and thus also to provide payment services. The registration number issued by the FCA to PSI-Pay is 900011.

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2 Definitions

The following capitalized terms have the following meanings in these Terms and Conditions:

“Cookie Policy” – Our ecoVoucher Cookie Policy concerning ecoVouchers, ecoPayz Services and the Website available on the Website, as may be amended from time to time.

“Complaints Policy” – PSI-Pay Complaints Policy concerning ecoVouchers and ecoPayz Services available on the Website, as may be amended from time to time.

“Customer Support Service” – Our customer support service available 24/7 for any questions You may have.

“Distributor” – a legal person, commercial or business entity that has a contract with PSI-Pay to distribute ecoVouchers, including its authorised retailers, if any.

“ecoPayz Services” – innovative payment services provided by PSI-Pay and based on eMoney issued by PSI-Pay and debited in an ecoVoucher upon demand and for Your account and including activities required for operations with ecoVouchers, validation of ecoVouchers, identity verification and security checks, execution of Transactions, issuance and redemption of ecoVouchers and other activities, as described in these Terms and Conditions.

“ecoVoucher” – the product of and a brand name of PSI-Pay.

“eMoney” – monetary value stored in electronic form issued by Us under the relevant national laws of the United Kingdom and applicable regulations of the European Union and these Terms and Conditions.

“Fees” – fees and charges levied by Us for use of an ecoVoucher and ecoPayz Services. Applicable fees and charges are set in these Terms and Conditions, as amended from time to time.

“Holder” – a person that meets all the eligibility requirements set in these Terms and Conditions and that purchases an ecoVoucher from a Distributor (or its authorised retailer), thereby agreeing on these Terms and Conditions.

“Issue Date” – has the meaning set in Section 8.2 of these Terms and Conditions.

“Participating Merchant” – a legal person, commercial or business entity that meets all the eligibility requirements set by PSI-Pay, has a contract with PSI-Pay and is enabled to accept payments made by submitting ecoVouchers to it and that has integrated ecoVouchers into its payment processing system.

“personal information” – information that relates to an individual and on that basis makes the individual distinguishable from other individuals.

“PIN number” – has the meaning set in Section 5.1 of these Terms and Conditions.

“Privacy Policy” – Our ecoVoucher Privacy Policy concerning ecoVouchers, ecoPayz Services and the Website available on the Website, as may be amended from time to time.

“PSI-Pay”, “We”, “Us” or “Our” – PSI-Pay Ltd., a company incorporated under the laws of England and Wales and authorised by the Financial Conduct Authority of the United Kingdom to issue electronic money and thus to provide payment services as further described in these Terms and Conditions.

“redeem”, “redeeming”, or “redemption” – converting eMoney stored in an ecoVoucher to monetary value at its par value so that eMoney is withdrawn from the ecoVoucher.

“Terms and Conditions” – these ecoVoucher Terms and Conditions available on the Website and as may be amended from time to time under these ecoVoucher Terms and Conditions.

“Transaction” – a transfer of eMoney by debiting Your ecoVoucher and concurrent crediting to a Merchant’s account as instructed and consented to by You under these Terms and Conditions.

“Use By Date” – has the meaning set in Section 8.3 of these Terms and Conditions.

“Website” – the website branded as ecoVoucher and referring to domain https://www.ecovoucher.net.

“You”, “Your” or “Yourself” – you, the Holder that purchases an ecoVoucher from a Distributor (or its authorised retailer), thereby agreeing on these Terms and Conditions.

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3 Scope

3.1 These Terms and Conditions together with the Complaints Policy, Cookie Policy and Privacy Policy constitute and create a legally binding agreement between You and Us as a legal basis for purchasing and using an ecoVoucher and applying, accessing, using and receiving ecoPayz Services.

3.2 These Terms and Conditions are effective and form a legally binding contract between You and Us for an unlimited period unless terminated as described herein. These Terms and Conditions apply from the date when You confirm Your agreement to them by purchasing an ecoVoucher from a Distributor (or its authorised retailer). You confirm that You accept and agree that any purchase of an ecoVoucher by You constitutes Your acceptance of these Terms and Conditions. You confirm that You are acting on Your own behalf and not for any other person. Your consent and agreement to these Terms and Conditions is a condition precedent for purchasing and using an ecoVoucher and applying, accessing and using ecoPayz Services.

3.3 We recommend that You download or print a copy of these Terms and Conditions and store it for Your records and future reference.

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4 Contacting Us

4.1 If You have any questions about these Terms and Conditions or any of Your dealings with Us, You can contact Our Customer Support Service:

• via e-mail at ecovouchersupport@ecopayz.com;
• via the "Support" page on the Website (https://www.ecovoucher.net/).

4.2 Our Customer Support Service is available 24/7 for any questions You may have.

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5 An ecoVoucher and ecoPayz Services

5.1 An ecoVoucher is a non-reloadable payment instrument. It is an individually and uniquely encoded 18 (eighteen) digit voucher code (“PIN number”) in multiple currencies with availability varying by country issued upon a payment by You. Each PIN number applies to a single ecoVoucher for a single stated face value and currency.

5.2 ecoPayz Services provide an online validation of the submitted ecoVoucher to a Participating Merchant enabling to make a payment for goods or services purchased from the Participating Merchant to be confirmed. You may use an ecoVoucher to make a payment for goods or services purchased from a Participating Merchant upon a condition that the ecoVoucher submitted to Us for validation matches with Our issuing records.

5.3 We are not obliged to undertake any verification of the identity of the person submitting an ecoVoucher for validation. However, We are entitled to rely on the act of submission as a warranty that the person submitting the ecoVoucher (You) is the rightful Holder of the ecoVoucher as set forth in Section 8.2 of these Terms and Conditions and is entitled to use it.

5.4 You may redeem funds from Your ecoVoucher by following the procedure described in Section 11 of these Terms and Conditions.

5.5 ecoVouchers are issued under the national laws of the United Kingdom and applicable regulations of the European Union and these Terms and Conditions.

5.6 By accepting these Terms and Conditions You accept and agree that:

• We (PSI-Pay) are not a bank.
• We do not pay You interest on the value of the ecoVoucher.
• The Financial Compensation Scheme does not apply to an ecoVoucher. This means that, in the unlikely event that We are unable to satisfy claims against Us in relation to the ecoVoucher, there is no Financial Services scheme to compensate You.
• You are responsible at Your own expense to ensure that Your computer systems and information technology solutions and available payment instruments are suitable for purchasing and using an ecoVoucher and applying, accessing and using ecoPayz Services.

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6 Eligibility

6.1 In order to purchase and use an ecoVoucher and use ecoPayz Services:

• if You are an individual, You must be at least 18 years old and of the age of majority in Your country of residence. By purchasing and using an ecoVoucher You declare that You comply with these rules. We may require You at any time to give evidence of Your age;
• You must not be in default of these Terms and Conditions.

6.2 You may only purchase and use an ecoVoucher and apply, access and use ecoPayz Services, if it is legal to do so in Your country of residence. By purchasing and using an ecoVoucher and using ecoPayz Services You represent and warrant to Us that Your purchase or use of an ecoVoucher or use of ecoPayz Services do not violate any law applicable to You in Your country of residence. You will indemnify Us against losses We incur in connection with a breach of this requirement.

6.3 You must have the legal capacity and unrestricted rights to agree to these Terms and Conditions as well as to the Complaints Policy, Cookie Policy, and Privacy Policy.

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7 Distributors

7.1 You can purchase ecoVouchers from Distributors (or from their authorised retailers) that are contracted by PSI-Pay to distribute ecoVouchers and are listed on Our Website or as otherwise made known to You by Us.

7.2 It is prohibited to purchase, sale or trade in ecoVouchers via unauthorised websites and internet exchange/trading platforms (“exchange platforms”). This prohibition explicitly refers to the exchange platforms, where ecoVouchers and their PIN numbers are offered for sale or traded illegally. A purchase of an ecoVoucher by means of distance communications is allowed exclusively through the Distributors (or from their authorised retailers) listed on Our Website or as otherwise made known to You by Us.

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8 Purchase of an ecoVoucher

8.1 You can purchase an ecoVoucher only from a Distributor (or from its authorised retailer) listed on Our Website or as otherwise made known to You by Us upon a payment by You in the amount of the face value of the ecoVoucher.

8.2 In relation to any purchase of an ecoVoucher You are a "Holder" of the ecoVoucher. You become the Holder of the ecoVoucher by receiving the ecoVoucher from a Distributor (or from its authorised retailer). The date when You become the Holder of the ecoVoucher is the “Issue Date” of that ecoVoucher. You cease to be the Holder of the ecoVoucher on the date when:

• the ecoVoucher is permanently invalidated by Us in accordance with these Terms and Conditions; or
• the ecoVoucher’s PIN number and value is redeemed in full with Participating Merchant(s) and validated by Us, which implies that no remaining value is left on the ecoVoucher as result of redemption in accordance with these Terms and Conditions.

8.3 Each ecoVoucher received from a Distributor (or from its authorised retailer) will be valid for 12 (twelve) months starting from the date when You become the Holder of an ecoVoucher as set in Section 8.2 above (“Use by Date”).

8.4 You may purchase from a Distributor (or from its authorised retailer), subject to the processes deployed by Us to detect and prevent fraud, up to 4 (four) ecoVouchers of up to EUR 1,000.00 (one thousand euro) in total (or the equivalent in another currency) on any one day, unless otherwise restricted to a lower value.

8.5 You may not hold in excess of EUR 1,000.00 (one thousand euro) or equivalent in other currencies of ecoVouchers at any time. 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 We reserve the right not to validate, redeem and/or refund the ecoVoucher.

8.6 You must keep a proof of purchase of an ecoVoucher, including the original ecoVoucher receipt, and this proof of purchase may be requested by Us (in addition to any other information We may reasonably require You to provide) to establish that You are the Holder of the ecoVoucher as set in Section 8.2 above

8.7 If You do not submit Your ecoVoucher to a Participating Merchant on or before the Use By Date, the ecoVoucher will no longer be usable for making a Transaction and We are under no obligation to validate it and these Terms and Conditions will terminate on the day after the Use By Date.

8.8 Failing to submit Your ecoVoucher to a Participating Merchant on or before the Use By Date will not affect Your right to redeem Your ecoVoucher; however, the value of Your ecoVoucher will be subject to the Redemption Fee as well as to the Monthly Charge as provided for in Section 14 of these Terms and Conditions.

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9 Using an ecoVoucher

9.1 You may use an ecoVoucher to make a payment to a Participating Merchant for purchase of goods or services starting from the ecoVoucher’s Issue Date up to and including to its Use By Date.

9.2 You may use Your ecoVoucher to purchase goods and services from Participating Merchants up to a total of the remaining value of Your ecoVoucher.

9.3 In order to authorise a Transaction, You must submit Your ecoVoucher’s PIN number and face value to a Participating Merchant. We will consider a Transaction to be authorized if it is initiated and consented by submitting an ecoVoucher’s PIN number and its face value to a Participating Merchant following the procedure provided on the Participating Merchant’s website. If Your ecoVoucher is valid, We will process and execute a Transaction, which is authorised, initiated and consented according to these Terms and Conditions.

9.4 A Transaction will be regarded as initiated by You when You insert the information required in a form of payment order available on a Participating Merchant’s website by following the procedure on a Participating Merchant’s website.

9.5 Your consent to execute the Transaction is given at the moment when You have confirmed it by submitting Your ecoVoucher’s PIN number and face value to a Participating Merchant by following the procedure on the Participating Merchant’s website.

9.6 You may not revoke Your request to execute a Transaction once You have consented to execute (confirmed) the Transaction. You are fully responsible for payment orders You give. If a Transaction is executed in line with a payment order consented to (confirmed) by You, You acknowledge and agree that the Transaction was correctly executed by Us. You acknowledge and agree that all executed Transactions are final and not reversible.

9.7 By submitting Your ecoVoucher’s PIN number and face value to a Participating Merchant, You irrevocably authorise the Participating Merchant to request that We deduct the funds from Your ecoVoucher for the relevant goods or services purchased from the Participating Merchant. At the same time You irrevocably authorise Us to process a Transaction and authorise a payment to the Participating Merchant.

9.8 Upon submission of an ecoVoucher’s PIN number and face value to a Participating Merchant and presentation by the Participating Merchant to Us of the ecoVoucher’s PIN number and face value, We will validate the ecoVoucher and will advise the Participating Merchant of the validity of the ecoVoucher or otherwise of the submission.

9.9 If We advise a Participating Merchant that the submission of an ecoVoucher is valid, the Participating Merchant may accept such advice and proceed to accept the ecoVoucher as a payment. After having done so, We have no means of subsequently withdrawing such validation and the ecoVoucher and its PIN number regardless of whether its value has been redeemed in full or only partially.

Any given ecoVoucher can be used multiple times until its balance is fully redeemed.

As soon as the balance is fully redeemed the ecoVoucher is considered used and cannot be used again.

9.10 If We advise a Participating Merchant that the submission of an ecoVoucher could not be validated, then the Participating Merchant will advise You accordingly. In this event, please see Section 21 of these Terms and Conditions.

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10 Security of an ecoVoucher

10.1 You are solely responsible for the security and integrity of Your ecoVoucher. You must keep Your ecoVoucher’s PIN number, serial number (if any) and other credentials and information and/or documents specific to Your ecoVoucher confidential and in a safe and secure place at all times and You must never disclose them to a third party. You agree to take reasonable steps to keep the security and integrity of Your ecoVoucher. We are not responsible for losses arising out of Your failure to keep Your ecoVoucher secure.

10.2 If Your ecoVoucher is lost or stolen or if You render it in unreadable in any way to Us or a Participating Merchant, You may lose some or all of the funds in the ecoVoucher. We will not be able to assist You or to refund the value of the ecoVoucher. If Your ecoVoucher is lost or stolen You must contact Our Customer Support Service without undue delay via e-mail (ecovouchersupport@ecopayz.com) or via the “Support” page on the Website and request that the lost or stole ecoVoucher is cancelled. You will be required to prove that You are the rightful Holder of the ecoVoucher as set in Section 8.2 and Section 21.4 of these Terms and Conditions. We have an absolute discretion to refuse to issue or to delay issuing of a replacement ecoVoucher if We reasonably suspect that You have acted fraudulently or due to Your failure through intent or gross negligence have failed to comply with these Terms and Conditions. If the value of the replacement ecoVoucher is higher than the value of the lost or stolen ecoVoucher, You will be required to pay additional funds to Us to cover the difference.

10.3 You acknowledge that We are entitled to act on any request submitted through a Participating Merchant’s website for the validation of an ecoVoucher without enquiry into the identity or entitlement of its Holder. We are not obliged to undertake any verification of whether the person submitting the ecoVoucher’s PIN number and face value to Us via a Participating Merchant is the Holder of, or is otherwise entitled to use, the ecoVoucher. A Transaction made by using Your ecoVoucher will be regarded as valid after Your ecoVoucher’s PIN number and face value was correctly submitted to a Participating Merchant. We may assume that a person who correctly enters Your ecoVoucher’s PIN number and face value has unrestricted rights to access and use Your ecoVoucher, including, but not limited to, authorize, initiate and consent a Transaction. We are entitled to treat any activity by that person as valid and authorised by You.

10.4 You must take all reasonable care to ensure that Your e-mail address is secure and only accessed by You, as Your e-mail address may be used to issue a replacement ecoVoucher for You and We may use it to communicate with You about the security or redemption of Your ecoVoucher. If someone tries to access or compromise Your e-mail address notified to Us without Your authority, You should, without undue delay after becoming aware of this, contact the Customer Support Service and let Us know Your new e-mail address to be used by Us. Any undue delay in notifying Us may result in Your losses.

10.5 You should at Your own expense provide and maintain in efficient and safe operating order all hardware, software and other facilities and any communications network (including access to a public telecommunications system) used for purchasing, using or redeeming Your ecoVoucher and using ecoPayz Services. In any case You should tell Us as soon as You can if You notice that something is wrong with Your ecoVoucher, ecoPayz Services or Our Website, or if anything looks different. You must let Us have any information We ask for about what happened.

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11 Redemption of an ecoVoucher

11.1 You may redeem the funds in Your ecoVoucher subject to the following:

• the ecoVoucher may be redeemed starting from its Issue Date till its’ Use by Date and during a period of 6 (six) years after the date on which these Terms and Conditions terminate;
• the ecoVoucher must be unused (i.e. its PIN number and face value shall not submitted to a Participating Merchant for validation) at and after submission of the redemption request;
• the funds in Your ecoVoucher should be sufficient to cover the Redemption Fee (if applicable); and
• the ecoVoucher must be purchased from a Distributor (or from its authorised retailers) listed on Our Website or as otherwise made known to You by Us.

11.2 In order to redeem funds from Your ecoVoucher, You have to fill in and submit a “Consumer Redemption Application Form” (available here). When filling in the Consumer Redemption Application Form You will be required to provide Us with Your first name, last name, address, contact phone number and e-mail address, ecoVoucher’s PIN number, face value and Issue Date, and personal ecoAccount details or payment details (i.e. bank account details) where You would like Us to redeem the funds from Your ecoVoucher. To enable Us to comply with Our legal obligations, We may ask You to provide Us with certain other information before We can process Your redemption request, including a proof of Your identity and address. Your personal information will be processed by Us in line with applicable data and privacy laws and regulations and as provided for in Our Privacy Policy.

11.3 You must ensure that the ecoAccount or payment details You provide for by the Consumer Redemption Application Form are correct and complete. We are not liable for sending funds to the wrong ecoAccount or payment account because incorrect payment details were provided by You. It is Your responsibility to ensure that the payment details, including, but not limited to, name, account number, sort codes, IBAN and/or BIC/SWIFT code, are correct. If You redeem the funds in Your ecoVoucher to a wrong ecoAccount or payment account, You may ask Us to assist You in reclaiming funds. However, We cannot guarantee the success of these efforts. We may charge You Fees for assistance.

11.4 Your ecoVoucher is not subject to redemption limits. However, the funds in Your ecoVoucher should be sufficient to cover the Redemption Fee. The Redemption Fee will be deducted from the balance of Your ecoVoucher before or on execution of Your redemption request. Where You request redemption on the day of termination of these Terms and Conditions or up to 1 (one) year after that, We will redeem the funds in Your ecoVoucher free of charge. We need not respond to Your redemption request and We need not redeem the funds in Your ecoVoucher to You if You request redemption more than 6 (six) years after the date of termination of these Terms and Conditions.

11.5 We will begin processing Your redemption request immediately provided that You have complied with these Terms and Conditions. We will redeem the funds in Your ecoVoucher less any applicable Fees to Your payment account as indicated by You in the Consumer Redemption Application Form.

11.6 You acknowledge and agree that all redemptions out of Your ecoVoucher are final and not reversible.

11.7 We reserve the right to decline Your request to redeem an ecoVoucher if You cannot prove that You are the rightful Holder of the ecoVoucher as provided for by Section 8.2 and Section 21.4 of these Terms and Conditions.

11.8 Domestic laws of certain countries may prevent an ecoVoucher from being redeemed in some countries. We are not liable for refunds, losses or compensation relating to countries where redeeming of an ecoVoucher is not permitted and You should satisfy Yourself as to such domestic laws before purchasing an ecoVoucher.

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12 Information on activities with an ecoVoucher

12.1 You may check the balance of Your ecoVoucher at any time on Our Website free of charge by entering its PIN number, face value and currency.

12.2 If You found that Your ecoVoucher is defective You must contact Our Customer Support Service as soon as possible. If We have not found that it is invalid, We will issue a refund or issue a replacement ecoVoucher to You for the same value as the value of Your defective ecoVoucher. If the value of the replacement ecoVoucher is higher than the value of the defective ecoVoucher, You will be required to pay additional funds to Us to cover the difference.

12.3 If You found that Your ecoVoucher is invalidated by Us, please see Section 21 of these Terms and Conditions.

12.4 When using an ecoVoucher for making a payment to a Participating Merchant You must keep Your own records of the payment.

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13 Prohibited Transactions

13.1 It is Your sole responsibility to ensure that You do not use an ecoVoucher and ecoPayz Services for a Transaction that may be considered illegal in Your country of residence. You must not use an ecoVoucher and ecoPayz Services for any illegal purpose.

13.2 Domestic law of certain countries may limit the use of an ecoVoucher for making payments for goods or services to only those Participating Merchants that operate within the country where the ecoVoucher was issued. You should satisfy Yourself that a Participating Merchant can accept an ecoVoucher issued in Your country before submitting the ecoVoucher to the Participating Merchant.

13.3 You must not engage in any of the following:

• use an ecoVoucher and ecoPayz Services for any purpose contrary to laws, contracts, statutes or regulations that apply to You, including without limitation, those concerning money laundering, fraud, criminal activity, financial services, unfair competition or consumer protection;
• use an ecoVoucher and ecoPayz Services for gambling activities in a country where such activities are illegal under its domestic laws;
• use an ecoVoucher and ecoPayz Services in a manner that may result in abuse of a bank's reversal process, credit card system or violation of credit card association rules; and
• refuse to cooperate in an investigation to confirm Your identity or information You provide to Us, or refuse to let Us have information or documents that We shall receive from You under any applicable law and these Terms and Conditions.

This list is not exhaustive and it is Your responsibility to ensure that You do not use an ecoVoucher and ecoPayz Services for purposes that may be considered illegal in Your country of residence or location.

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14 Fees

14.1 All Fees levied by Us to You for Your use of an ecoVoucher are listed in this Terms and Conditions Section. We do not charge any fees for checking Your ecoVoucher balance on the Website.

14.2 You are responsible for paying all applicable Fees. If You are unclear as to an applicable Fee, please contact Customer Support Service before purchasing or redeeming an ecoVoucher or consenting (confirming) a Transaction. All Fees are due immediately. Fees payable by You will be deducted from the balance on Your ecoVoucher and You authorise Us to do so.

14.3 The following Fees do apply:

• a monthly charge of 3.50 EUR per month per an ecoVoucher (“Monthly Charge”) or the equivalent in another currency to the value of Your unused ecoVoucher after the Use By Date. The Monthly Charge will be directly deducted from the balance of Your unused ecoVoucher;
• a redemption fee of 10 EUR per an ecoVoucher (“Redemption Fee”) if You request a redemption of the funds in Your ecoVoucher and if applicable under these Terms and Conditions. The Redemption Fee will be directly deducted from the balance of unused value of Your ecoVoucher;
• a currency conversion fee rate referred to in Section 14.4 below.

14.4 Wherever a currency conversion is required to execute a Transaction or to redeem an ecoVoucher, upon receipt of Your request to execute a Transaction or to redeem an ecoVoucher, We will automatically calculate the currency conversion using rates provided by http://www.xe.com/ or by http://www.oanda.com/ and add a currency conversion fee of 2.99%. You agree and confirm that changes in currency conversion rates will apply immediately and without prior notice to You. The currency conversion fee may change; however, We will notify You 2 (two) months before of any changes are due to take effect by placing a post to that effect on the Website.

14.5 You should be aware that Participating Merchants may charge an additional fee for the purchase of their goods or use of their services. You are responsible for confirming these fees on the Participating Merchant's website prior to concluding a Transaction. When using an ecoVoucher for making a payment to a Participating Merchant, You may also have to pay applicable third party fees (financial institution or association or other payment service providers). We cannot make available details of fees charged by third parties and We cannot be held liable for those fees. By agreeing to these Terms and Conditions, You confirm that You have understood this.

14.6 You authorise Us to debit from the balance of unused value of Your ecoVoucher applicable Fees in relation to a Transaction or redemption of an ecoVoucher.

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15 Liability

15.1 If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the date of becoming aware of the existence of a Transaction which was defectively executed without observing Your payment order submitted under these Terms and Conditions (“Incorrect Transaction”) or of the existence of Your payment order in regard of which the Your ecoVoucher was debited but which We did not execute under these Terms and Conditions due to Our gross negligence (“Non-executed Transaction”), You will receive without undue delay a refund of the Incorrect Transaction or Non-executed Transaction, including all Fees deducted therefrom (if any). We will issue a refund or issue a replacement ecoVoucher to You for the same value as the value if the Incorrect Transaction or Non-executed Transaction. If the value of the replacement ecoVoucher is higher than the value of the ecoVoucher used in connection with the Incorrect Transaction or Non-executed Transaction, You will be required to pay additional funds to Us to cover the difference.

15.2 If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of a Transaction which due to Our gross negligence was executed late without observing the provisions of these Terms of Conditions (“Late Transaction”), We will ensure that the credit value date for the Participating Merchant account is no later than the date on which the amount would have been dated if the Transaction had been executed correctly.

15.3 If an Incorrect Transaction, Late Transaction or Non-executed Transaction occurs, then and upon receipt of Your request We will assist in tracing the Incorrect Transaction, Late Transaction or Non-executed Transaction and will notify You of the outcome, free of charge.

15.4 You should satisfy Yourself that a merchant is a Participating Merchant before submitting the ecoVoucher to a merchant as payment. We are not liable for any loss under any circumstances resulting from the presentation of an ecoVoucher to anyone that is not a Participating Merchant.

15.5 You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors from and against claims brought by third parties against Us, Our employees, affiliates, subsidiaries, agents or subcontractors relating to Your use of ecoVoucher and ecoPayz Services with respect to claims, losses, damages, expenses and liabilities suffered or incurred by Us, Our employees, affiliates, subsidiaries, agents or subcontractors as a result of Your breach of these Terms and Conditions or any applicable law. This provision survives termination of the legal relations between You and Us. We have an absolute discretion to refuse to issue or to delay issuing of a replacement ecoVoucher if We reasonably suspect that You have acted fraudulently or due to Your failure through intent or gross negligence have failed to comply with these Terms and Conditions.

15.6 You are fully responsible for goods or services purchased by You that are settled through Your submission of an ecoVoucher and use of ecoPayz Services. We disclaim liability and We will not be held liable or responsible at all for the quality, safety, legality or delivery of goods purchased or services received by You in return for the value of Your ecoVoucher, including charges, taxes or other duties in relation to goods or services, nor do We provide a warranty or guarantee for those goods and services.

15.7 In no event will We, Our employees, affiliates, subsidiaries, agents or subcontractors be held liable or responsible in any way to You or a third party for indirect, special, consequential, punitive or incidental damages, loss of opportunity, loss of profits, loss of use of data, interruption of business, and/or loss of reputation, whether based on negligence, wilful misconduct, tort (non-contractual liability), contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law. We will not be liable or responsible in any way for losses incurred by You or third parties due to Our compliance with legal and regulatory requirements. We will not be liable for assessing or paying taxes, duties or other charges that arise from the underlying Transactions between You and Participating Merchants.

15.8 Our liability under these Terms and Conditions, whatever its basis, will not exceed the face value of the ecoVoucher that is issued to and purchased by You in accordance with these Terms and Conditions.

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16 Warranties and Disclaimers

16.1 We may at Our discretion decide to discontinue or restrict sale of ecoVouchers and ecoPayz Services in other countries at any time and without a prior notice. We give no warranty or representation that ecoVouchers and ecoPayz Services will be available at all times.

16.2 We make no representations or warranties as to continuous, uninterrupted or secure use of ecoVouchers and possibility to use ecoPayz Services, which may be affected by factors beyond Our control, or which may require periodic testing, repair, upgrade or maintenance.

16.3 We assume that before purchasing an ecoVoucher, You have established that purchase of ecoVoucher does not violate the law in Your country of residence and location. You warrant that You are not violating any applicable law by Your purchase or use of the ecoVoucher and use of ecoPayz Services and You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors, from any and all liability that might arise from Your purchase or use of ecoVoucher and use of ecoPayz Services in violation of any law.

16.4 We make no express warranty to You about an ecoVoucher and ecoPayz Services and We expressly disclaim all implied and statutory warranties, including, without limitation, any warranty of fitness for a particular purpose, except where a specific implied or statutory warranty cannot be disclaimed under any applicable law or except as otherwise expressly set in these Terms and Conditions.

16.5 Neither We or any of Our affiliates, subsidiaries, agents or subcontractors are responsible for any claim, loss or damage suffered or incurred by You or any third party, unless it was caused as a direct result of Us or any of Our affiliates, subsidiaries, agents or subcontractors acting fraudulently or as a direct result of Our or any of Our affiliates, subsidiaries, agents or subcontractors gross negligence, or under legal and regulatory requirements We are not allowed to exclude or limit Our liability with respect to a specific situation or event. Under no circumstances will We be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

• errors committed by You in providing a payment order for a Transaction or request for a redemption of an ecoVoucher;
• use of Your ecoVoucher by a person that correctly entered its PIN number and face value and submitted it to a Participating Merchant without Your authority;
• fraudulent or wrongful acts due to Your failure through intent or gross negligence;
• fraud or misrepresentation committed by a Participating Merchant;
• there was no way We could have reasonably predicted Your loss when You placed Your request to execute a Transaction;
• errors or omissions in the Website content;
• misuse of or inability to use the Website, whether due to reasons within Our control or not;
• delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
• interception or seizure under applicable law;
• We do not follow an instruction or request from You for a reason set in these Terms and Conditions;
• Your violation of any law applicable;
• due to Our compliance with any applicable law or with any recommendations, decrees or instructions issued by a government authority or recognised body for the prevention of crime, or effective court order, or
• We fail to validate an ecoVoucher, execute a Transaction, redeem an ecoVoucher or to render ecoPayz Services due to abnormal and unforeseeable circumstances beyond Our control so that We could not follow these Terms and Conditions despite Our best efforts to do so.

16.6 Notwithstanding anything else set in these Terms and Conditions, an ecoVoucher is issued and ecoPayz Services are provided “as is”. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise about an ecoVoucher and ecoPayz Services, including, without limitation, any warranty that ecoPayz Services will be uninterrupted, error-free or free of harmful components, or that any information and data, including Your data, will be secure or not otherwise lost or damaged. Except to the extent prohibited by any applicable law, We disclaim all warranties, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, non-infringement, and quiet enjoyment.

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17 Security validation and verification checks

17.1 You acknowledge that redeeming and refunding of an ecoVoucher or other reasons under these Terms and Conditions:

• require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and You agree to submit to these checks if You choose an option to which these checks apply; and
• We may validate and verify any information or data You give Us.

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18 Privacy

18.1 Our Privacy Policy forms part of these Terms and Conditions. By accepting these Terms and Conditions, You also agree to the Privacy Policy available on the Website. You should review the Privacy Policy before agreeing to these Terms and Conditions.

18.2 You acknowledge and accept that:

• when speaking to members of Our Customer Support Service, Your call may be monitored and/or recorded for quality assurance, security and fraud detection purposes;
• for security and fraud detection purposes We keep Your records even after these Terms and Conditions are terminated;
• for identity validation and verification purposes, We may make the following information, if it is in Our possession, available to a Participating Merchant to which You have submitted an ecoVoucher: Your name and last name, legal jurisdiction, country of residence or location, address, e-mail address, and/or IP address.

18.3 You further acknowledge and undertake to maintain the confidentiality of information, including, the confidentiality of technical and financial information, You receive while using an ecoVoucher or using ecoPayz Services about Us, Distributors and Participating Merchants, or Our technology and You undertake to use this information only in connection with ecoVouchers and ecoPayz Services.

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19 Complaints Procedure

19.1 Our Complaints Policy forms part of these Terms and Conditions. By accepting these Terms and Conditions, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms and Conditions.

19.2 If after receiving Our final response to a complaint You consider Your complaint is still not resolved, then You can request a review from the United Kingdom Financial Ombudsman Service (FOS). The Financial Conduct Authority (FCA) has established the FOS to perform independent reviews of eligible complaints by persons using financial services provided by companies like Us if We/they are unable to resolve complaints to the consumer’s satisfaction.

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20 Disputes with Participating Merchants

20.1 PSI-Pay have no involvement in any contract or other dealings You have with a Participating Merchant. PSI-Pay shall not be liable in any way under the terms of that contract or other dealings or in any way arising therefrom.

20.2 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 submitting Your ecoVoucher to the Participating Merchant.

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21 Suspending and temporarily and permanently invalidating an ecoVoucher

21.1 All ecoVouchers, including their issuance and redemption, are monitored to ensure compliance with Our obligations set in the applicable laws and are monitored to determine any irregular, unusual or suspicious activity or transaction.

21.2 We may at Our discretion temporarily or permanently invalidate Your ecoVoucher and terminate these Terms and Conditions at any time, including, but not limited to, for any of the following reasons:

• We suspect that Your ecoVoucher is not purchased in line with these Terms and Conditions;
• We suspect unauthorised use of Your ecoVoucher for trade purposes;
• the face value of ecoVouchers held by You exceeds the limit stated in Section 8.5 of these Terms and Conditions;
• We suspect illegal use or fraudulent use of Your ecoVoucher;
• We have reasonable grounds to believe that You have seriously or persistently broken any provision of these Terms and Conditions;
• We have reasonable grounds to believe that Your ecoVoucher is or has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of the same by Your bank or credit/debit card issuer;
• You give Us false information or document(s) at any time;
• You abuse the reversal or chargeback process through Your bank or credit card company;
• You refuse when requested to cooperate with an investigation or to provide adequate confirmation of identity or other identity or security information;
• Your ecoVoucher has been used, attempted to be used or allegedly used in or to facilitate criminal or other illegal or fraudulent activity against Us or someone else;
• We believe that Your ecoVoucher or activities pose a security, credit or fraud risk to Us;
• We are complying with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions;
• You violate or We have reason to believe that You are in violation of any law applicable to Your use of the ecoVoucher or ecoPayz Services; or
• We reasonably believe that We are required to do so by any applicable law or in order to comply with recommendations, decrees or instructions issued by a government authority or recognised body for the prevention of crime, or effective court order.

21.3 If You found that Your ecoVoucher is invalidated, You must contact Our Customer Support Service without undue delay in order to verify that activities in relation to all Your ecoVouchers are authorised, lawful and in accordance with these Terms and Conditions. You should do so by contacting the Customer Support Service by e-mail (ecovouchersupport@ecopayz.com) or via the "Support" page on the Website.

21.4 If You can prove to Our reasonable satisfaction that You are the rightful holder of an ecoVoucher as defined in Section 8.2 of these Terms and Conditions and that Your use of an ecoVoucher is lawful and in accordance with these Terms and Conditions, We will validate the ecoVoucher in question, issue a refund or issue a replacement ecoVouchers to You for the same value as Your invalidated ecoVoucher. To prove that You are the rightful holder of an ecoVoucher as defined in Section 8.2 of these Terms and Conditions and Your use of ecoVoucher is lawful and in accordance with these Terms and Conditions You may be asked to provide proof of identification and Your address or location, the original ecoVoucher details and any other information required or actions deemed necessary for the purposes of avoiding any unauthorised use of the ecoVoucher and to carry out Our identity and security validation and verification checks. Your failure to do so will lead to the value of the affected ecoVoucher being permanently forfeited. If the value of the replacement ecoVoucher is higher than the value of the invalidated ecoVoucher, You will be required to pay additional funds to Us to cover the difference.

21.5 If We have permanently invalidated any of Your ecoVouchers, We may also permanently invalidate any other ecoVoucher issued to or held by You.

21.6 If We suspect that You are engaging in an activity referred to in Section 21.2 above, We may contact the relevant government authority, recognised crime prevention body and other third parties and disclose details of any prohibited activities, under Our Privacy Policy or any applicable law and/or take legal action against You.

21.7 We are not liable for the validity of ecoVouchers obtained from any person who is not a PSI-Pay contracted Distributor (or its authorised retailer) or for any losses or damages resulting from the supply of ecoVouchers from any such persons.

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22 Termination

22.1 Within 14 (fourteen) calendar days of the date of purchasing an ecoVoucher by means of distance communications (“cancellation period”) You have a right to withdraw from these Terms and Conditions free of charge by notifying Our Customer Support Service of Your decision. If You do so, You can obtain a refund for the full value of the ecoVoucher at no cost. After the cancellation period We will redeem the value of the ecoVoucher upon receipt of Your request submitted in accordance with these Terms and Conditions and subject to the Redemption Fee (if applicable).

22.2 These Terms and Conditions terminates automatically on the earlier of the date on which:

• your ecoVoucher’s PIN number and value is redeemed in full with Participating Merchant(s) and validated by Us, which implies that no remaining value is left on the ecoVoucher as result of redemption in accordance with these Terms and Conditions;
• Your ecoVoucher is permanently invalidated by Us in accordance with these Terms and Conditions;
• the day following the Use by Date, if your ecoVoucher has not been used on or before the Use By Date; or
• there is no funds in Your ecoVoucher.

22.3 You may terminate these Terms and Conditions at any time upon a prior notice to Us. To do so, You must notify the Customer Support Service of Your decision to terminate these Terms and Conditions. You may also ask for redemption of the balance on Your ecoVoucher in accordance with Section 11 of these Terms and Conditions. If You do so, We will arrange for funds in Your ecoVoucher to be redeemed to You, once the Monthly Charges and Redemption Fee (if any) have been deducted in accordance with Section 14 of these Terms and Conditions. These Terms and Conditions are terminated immediately if We receive notice from You that You do not agree with changes to these Terms and Conditions as explained in Section 24 of these Terms and Conditions.

22.4 Terminating these Terms and Conditions does not mean that We delete data (including personal information) that We hold on You. We will continue to store this data for at least 5 (five) years or longer, if so required by any applicable law.

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23 Communication

23.1 We may send communications and notices to You at the e-mail address or postal address You gave Us during purchase or use of the ecoVoucher or applying for redemption of funds in the ecoVoucher (or as later updated by You). You must notify us of changes to the contact details You gave Us (Your postal address, e-mail address, telephone number). If You do not notify Us straight away of any change in these details, You may not receive information that could be important or it could fall into the wrong hands.

23.2 If We wish to send a notice to You by post, We will send it to You at the most recent postal address You gave Us. If the letter sent by Us is returned as undelivered, We will stop using that address unless We are required by any applicable law to send You information by post.

23.3 All communications and notices from Us under these Terms and Conditions that are sent:

• by e-mail will be deemed to have been given and received on the day when the e-mail was sent, unless We receive an electronic indication that the e-mail was not delivered to You;
• by post will be deemed to have been given and received on the 10 (tenth) day after the date of handing over a letter to a post office for dispatch but if actually received earlier – then on the day of actual receipt.

23.4 All communications and notices between You and Us must be in English or in another language if so requested by You and if Our Customer Support Service team has a member with skills to communicate in Your preferred language.

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24 Changes to these Terms and Conditions

24.1 These Terms and Conditions and additional terms and conditions that may apply to ecoVoucher or ecoPayz Services may change. We may find it necessary to change the Terms and Conditions due to changes in Fees set by Us or due to changes in any applicable law, issuance of new laws or difficulties arising with any applicable laws, or due to the technical characteristics of an ecoVoucher or ecoPayz Services or other objective reasons from time to time. Changes to these Terms and Conditions will be implemented under the procedure set in this Section.

24.2 We will notify You two (2) months before any changes to these Terms and Conditions are due to take effect. We will notify You by posting a notice of the changes on the Website. Any changes to the Terms and Conditions are effective 2 (two) months after We post notice on the Website. If We give You notice as set forth above and You do not inform Us that You wish to terminate these Terms and Conditions, then the changes to these Terms and Conditions shall be deemed to be accepted and We will treat You as having accepted the changes. We will display a link to the new Terms and Conditions on the Website on the date when they enter into force. You may review the current Terms and Conditions before purchasing an ecoVoucher, submitting an ecoVoucher to a Participating Merchant or requesting redemption of the funds in Your ecoVoucher at any time by clicking on the "Terms and Conditions" link on the Website.

24.3 However, should You wish not to be bound by any new version of the Terms and Conditions, You must notify Us that You do not agree to the changes before those changes enter into force. In that event, We will treat Your notice as a notification that You immediately wish to terminate these Terms and Conditions and they will be terminated immediately without charging Fees to You. We will cease providing ecoPayz Services to You immediately and redeem the funds in Your ecoVoucher to Your payment account notified to Us under these Terms and Conditions.

24.4 The Terms and Conditions displayed on the Website will show the most recent revision date. No revision will affect a Transaction or purchase or redemption of ecoVoucher outstanding as of the date of entry into force of the specific revision.

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25. Miscellaneous

25.1 These Terms and Conditions are governed by the laws of England and Wales. All disputes arising out of or relating to these Terms and Conditions will be resolved under the Complaints Policy. A dispute that is not resolved under the procedure set in the Complaints Policy will be resolved exclusively by the English Courts except where any mandatorily applicable law requires a specific dispute to be exclusively resolved by the courts of another jurisdiction or, if You are an eligible complainant by the United Kingdom’s Financial Ombudsman Service.

25.2 You may not transfer, assign, subcontract or delegate Your rights, duties or obligations under these Terms and Conditions. We may without Your consent transfer and assign these Terms and Conditions or rights or obligations arising under them, subcontract and use the services of one or more of Our affiliates, subsidiaries, agents or subcontractors in order to fulfil Our obligations.

25.3 You acknowledge that any and all rights, title and interests in and to all of the material and results, and all intellectual property rights (including, but not limited to, all patents, inventions, trademark rights, copyrights and neighbouring rights, rights in software and database rights, design rights, trade secrets and know-how including the rights to registration and application for these rights) (“Intellectual Property Rights”) embodied in, associated or used with ecoVouchers or ecoPayz Services, and any payment instrument or solution We offer shall be and shall remain the sole and exclusive property of Us. You must not during or at any time after the termination of these Terms and Conditions in any way directly or indirectly dispute or contest Our ownership of the material and results, and the Intellectual Property Rights referred under this Section. You do not have a right to use, reproduce, modify or distribute Our Intellectual Property Rights.

25.4 Our failure to enforce or exercise a right under these Terms and Conditions does not amount to a waiver of that right or operate to bar the exercise or enforcement of that right in the future.

25.5 Rights and remedies available under these Terms and Conditions are cumulative and are in addition to other rights or remedies available to Us at law or in equity.

25.6 These Terms and Conditions constitute the entire agreement between You and Us with respect to the subject matter of these Terms and Conditions and supersede and replace all prior agreements relating to it.

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