TERMS & CONDITIONS
1.1 These terms and conditions of usage constitute the agreement between you and Northern Voucher Systems Inc d.b.a. WebCheque ("WebCheque") of Mill Mall Tower, Wickhams Cay 1, P.O. Box 4406, Road Town, Tortola, British Virgin Islands, relating to your use of the WebCheque payment system (the "Agreement"). WebCheque can be contacted at www.WebCheque.com.
1.2 WebCheque reserves the right to alter the Agreement from time to time. WebCheque will post notice of any changes on its website www.WebCheque.com
1.3 The WebCheque payment system enables you to make payments without the need to share your credit or debit card details with a Participating Merchant through the use of a unique WebCheque voucher issued in exchange for cash or other cleared funds. WebCheque provides an online validation of the presented WebCheque voucher to Participating Merchants enabling your payment to be confirmed.
1.4 A Participating Merchant is a business or other organisation that has a contract with WebCheque and that has integrated the WebCheque payment system into its payment processing system and accepts WebCheque as a form of payment. Participating Merchants, referred to as "Retailers" on the WebCheque website, can be verified at www.WebCheque.com
1.5 WebCheque vouchers are unique 25 character code ("Voucher Code") and can be purchased from Approved Distributors, who are approved by WebCheque to sell WebCheque vouchers. Approved Distributors, referred to as "Resellers" on the WebCheque website can be verified at www.WebCheque.com.
1.6 WebCheque will not credit any interest to the value of the WebCheque voucher.
2 Acceptance of Agreement
2.1 By becoming the Holder of an WebCheque voucher you agree to be bound by the terms and conditions set out in this Agreement in relation to any use of the WebCheque payment system.
2.2 You become a Holder of an WebCheque voucher by:
2.2.1 Obtaining a voucher from an WebCheque Approved Distributor contracted to issue WebCheque vouchers; or
2.2.2 Obtaining an WebCheque voucher in some other way (for example as a gift), or by submitting the voucher to a Participating Merchant for validation for payment by WebCheque.
2.3 You cease to be a Holder of an WebCheque voucher when:
2.3.1 You submit the voucher and amount to a Participating Merchant for validation for payment by WebCheque and the voucher is validated; or
2.3.2 Some other person becomes a Holder of that voucher.
2.4 This Agreement terminates automatically:
2.4.1 When you cease to be a Holder; or
2.4.2 When the validity period of the WebCheque voucher ends, whichever is sooner.
Each WebCheque voucher is valid for 48 hours from the time of purchase, after which time you will not be able to use the voucher to make any payment transactions. This will not affect your refund rights as detailed below.
2.5 You may obtain up to 3 WebCheque vouchers on any one day, and may hold up to USD 1500 (or equivalent in another currency) of WebCheque vouchers in total at any time, and this Agreement applies to all such vouchers and their use. Some Approved Distributors will allow you to make payment in a different currency to the issued currency of the voucher. In this case the Approved Distributor will apply their own foreign currency exchange rates. WebCheque does not offer currency conversion services to users.
2.6 We reserve the right to refuse to validate an WebCheque voucher and amount on reasonable grounds relating to the security of the voucher or the suspected unauthorised or fraudulent use of the voucher. WebCheque will inform you that it intends to stop the use of the voucher and give you the reasons for doing so in advance or, if unable to notify you in advance, immediately after unless to notify you would compromise reasonable security measures or is otherwise unlawful. WebCheque will allow you to use the voucher or replace it with a new one as soon as practicable after the reasons for stopping its use cease to exist.
2.7 You agree that you will not use the WebCheque payment system for any illegal purpose.
3 Acquiring an WebCheque voucher
3.1 WebCheque vouchers are sold and issued to you by companies contracted as Approved Distributors by WebCheque.
3.2 Such Approved Distributors may use various channels to distribute WebCheque vouchers.
3.3 Contracted Approved Distributors can be verified on the website www.WebCheque.com and you should satisfy yourself that any company purporting to issue WebCheque vouchers to you is an official contracted Distributor.
3.4 WebCheque is not liable for any vouchers issued by non-contracted businesses or any losses resulting from such transactions.
3.5 By purchasing WebCheque vouchers from an Approved Distributor you also accept the Approved Distributors Terms and Conditions as displayed on the Approved Distributors website.
3.6 You will receive your WebCheque Voucher Code by e-mail directly from the Approved Distributors
3.7 Each WebCheque has an exact value and can only be spent completely. You should always check you have selected the correct value before making payment to your Approved Distributors. If you realise you have made a mistake after purchasing the voucher, do not spend it, and funds will be returned by the Approved Distributor after 48 hours to the original payment card or account you used to purchase the voucher and the Voucher Code will be cancelled. Please note that your bank or payment card issuer may take longer to credit the funds back to you, but this is beyond our, or the Approved Distributors control.
3.8 You have 48 hours from purchase to spend the WebCheque voucher. If you do not spend it within this time period, funds will be returned by the Approved Distributor to the original payment card or account you used to purchase the voucher and the Voucher Code will be cancelled. Please note that your bank or payment card issuer may take longer to credit the funds back to you, but this is beyond our, or the Approved Distributors control.
3.9 If you decide that you do not want an WebCheque voucher, you can notify us that you wish to return it and funds will be returned by the Approved Distributor to the original payment card or account you used to purchase the voucher. Alternatively, if you have not spent it within 48 hours funds will automatically be returned by the Approved Distributor to the original payment card or account you used to purchase the voucher, and the Voucher Code will be cancelled. Please note that your bank or payment card issuer may take longer to credit the funds back to you, but this is beyond our, or the Approved Distributors control.
3.10 Participating Merchants may in some cases add a surcharge to your shopping basket before the "Total Amount Due" is presented to you. This will always be clearly displayed to you. For example, if the value of goods or services you wish to purchase is $100 and the Participating Merchant charges a 1% processing fee, the total amount due will be €101. This is the value of WebCheque you will need to purchase.
4 Making payments with WebCheque
4.1 You may use the WebCheque payments system to make payments to Participating Merchants. You will not pay any charges to WebCheque for making such a payment. Participating Merchants can be verified on the WebCheque website www.WebCheque.eu and you should satisfy yourself that a merchant is a Participating Merchant before submitting the WebCheque voucher to a merchant as payment. WebCheque is not liable for any loss under any circumstances resulting from the presentation of voucher to anyone that is not a Participating Merchant.
4.2 All WebCheque vouchers are issued in the British Virgin Islands by WebCheque, regardless of the location of the Distributor.
4.3 Upon submission by you of the WebCheque voucher to the Participating Merchant, and the presentation by the Participating Merchant to WebCheque of the WebCheque voucher, WebCheque will validate the voucher details and will advise the Participating Merchant of the validity or otherwise of the submission.
4.4 In the event that WebCheque shall advise the Participating Merchant that the submission is valid, the Participating Merchant may accept such advice and proceed to accept the voucher as payment.
4.5 Should WebCheque advise the Participating Merchant that the submission could not be validated, then the Participating Merchant will advise you accordingly.
4.6 WebCheque vouchers are unique 25 character code. Each number applies to a single voucher for a single stated face value amount and currency. If a voucher submitted to WebCheque for validation matches our issuing records, WebCheque shall be entitled to confirm such validation to the Participating Merchant. WebCheque shall not be obliged to undertake any verification of the identity of the person submitting the voucher and amount for validation but shall be entitled to rely on the act of submission as a warranty that the person is the legitimate Holder of the voucher and entitled to use it.
4.7 WebCheque only provides payment services, and has no involvement in any contract or other dealings you have with the Participating Merchant. WebCheque shall not be liable in any way under the terms of any Merchant contract or other dealings or in any way arising therefrom.
4.8 Once WebCheque has advised a Participating Merchant that a submitted voucher is validated, WebCheque has no means of subsequently withdrawing such validation and the voucher and amount will be considered redeemed and cannot be used again.
4.9 Once the voucher is redeemed as described in clause 4.8, a Participating Merchant will send a payment order for the amount of the value of the redeemed voucher to WebCheque at the time agreed between WebCheque and the Participating Merchant. WebCheque will execute the payment order by the end of the next Business Day following the receipt of the payment order. If the payment order is not received on a Business Day, the payment order is deemed to have been received on the first Business Day thereafter.
4.10 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 an WebCheque voucher to pay a Participating Merchant.
4.11 Local regulations may limit the redemption of an WebCheque voucher to only those Participating Merchants operating within the Country where the WebCheque voucher was issued. Where applicable this information will be notified on WebCheque.com. You should satisfy yourself that a Participating Merchant can accept an WebCheque voucher issued in your country before submitting the WebCheque voucher to the Participating Merchant.
5 Security of your WebCheque voucher
5.1 You are solely responsible for the security and integrity of your WebCheque voucher. You will take all reasonable steps to keep your WebCheque voucher and all its security features safe. You acknowledge that WebCheque 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.
5.2 WebCheque shall not be obliged to verify that the person presenting the voucher to WebCheque via a Participating Merchant is the Holder of, or is otherwise entitled to use, the WebCheque voucher.
5.3 If you have lost your WebCheque voucher or suspect that it has been stolen or used without your authorisation, you must contact WebCheque via www.WebCheque.com/contact.php without undue delay on becoming aware of any such loss, theft, misappropriation or unauthorised use of the voucher. You will be asked to provide the voucher code, amount, currency and the date, time and place of purchase. If the voucher has not been redeemed prior to such notification, WebCheque will normally cancel the voucher and issue a replacement voucher to you in substitution.
5.4 If you become aware of any unauthorised or incorrectly executed payment transaction on your WebCheque voucher, in order to request a refund for any such transaction you must notify WebCheque at www.WebCheque.com without undue delay, and in any event no later than 13 months after the debit date of the transaction, on becoming aware of any such unauthorised or incorrectly executed payment transactions.
5.5 WebCheque will immediately refund any unauthorised payment transaction on your WebCheque voucher unless WebCheque has prima facie evidence that you have acted fraudulently or have with intent or gross negligence failed to comply with the Agreement, in which case WebCheque will promptly investigate the circumstances of the transaction in question and either refund or, if the investigation shows that on the balance of probability you have acted fraudulently or have with intent or gross negligence failed to comply with the Agreement, refuse to refund you.
5.6 You will be liable for all losses incurred in respect of an unauthorised payment transaction on your WebCheque voucher where you have acted fraudulently or have with intent or gross negligence failed to comply with the Agreement.
6.1 Local financial regulations may prevent WebCheque vouchers being refunded in some countries. WebCheque is not liable for refunds, losses or compensation relating to countries where refunds are not permitted and you should satisfy yourself as to such local regulations before obtaining an WebCheque voucher Refunds are available in your country.
6.2 In countries where WebCheque operates under license from the Financial Services Authority you can request a refund for an WebCheque voucher.
6.2.1 Your right to request a refund commences from the date you purchase the voucher and continues for the duration of the Agreement.
6.2.2 Vouchers must be unused and un-expired at the time of refund request,
6.3 You will need to complete the Consumer Refund Application Form available on request from support@WebCheque.com and provide identification, proof of address, the original voucher details and any other information specified on the form.
6.4 The due amount will be paid directly into the bank or payment card account used for the original purchase of the voucher.
6.5 If WebCheque is responsible for a transaction on your WebCheque voucher being executed incorrectly, WebCheque will refund you without undue delay the full amount of the transaction and any fees and charges that you may have paid relating to the transaction.
6.6 WebCheque may carry out any necessary anti money laundering checks prior to approving a refund.
7 Regulation and complaints
7.1 WebCheque Network Limited (of which WebCheque is a trading name) is authorised by the Financial Services Authority in the United Kingdom as an Electronic Money Issuer. [FSA ref: 900032]
7.2 If you are unhappy in any way with the way the WebCheque payment system is operated, please contact WebCheque first via the website www.WebCheque.com so that WebCheque can investigate the circumstances for you. WebCheque will send you the complaint acknowledgement by e-mail by the end of the next Business Day and enclose with it a copy of its complaints procedure. You may also request to be provided with a copy of WebCheque's complaints procedure at any time. Details of WebCheque's complaints procedure can also be obtained on WebCheque's Website. Any complaints you have will be dealt with quickly and fairly.
8.1 By acquiring an WebCheque voucher you give your consent that WebCheque has the right to perform such KYC (Know Your Customer) checks deemed necessary to comply with anti money laundering regulations, or if WebCheque, in its sole opinion, suspect fraudulent use and/or misuse of the payment system. You further undertake to co-operate fully to ensure the KYC information required is provided to WebCheque within the time parameters to be specified by WebCheque.
9.1 WebCheque may terminate this Agreement immediately if:
9.1.1 You are in breach of any of the terms of this Agreement; or
9.1.2 We believe on reasonable grounds that there has been or may be some illegality or fraud or misuse of the WebCheque payment system, investigate this belief and the investigation shows it to be true on the balance of probabilities.
9.2 If the voucher has not been used and has not yet expired, you may terminate the Agreement at any time by sending WebCheque a termination notice, in which case you will be refunded according to clause 3.9 above.
10 Communication and notices
10.1 You must maintain a valid e-mail address registered with your chosen Approved Distributor. WebCheque will communicate to you using this email address. You agree to check for incoming messages regularly and frequently. You must have access to internet.
10.2 You should make any notification under the Agreement by using the contact facility on www.WebCheque.eu.
10.3 Any e-mail will be deemed received as soon as it is sent unless within 24 hours the sender receives a failure notice indicating that the e-mail has not been transmitted. Any e-mail will be deemed received by the recipient on the day it is received in his e-mail inbox if received before 4.30 pm on a Business Day. If received at any other time, it will be deemed received on the next Business Day.
10.4 These Terms and Conditions are concluded in English. All communications with you will be in English.
11 Suspension of service
11.1 WebCheque gives no warranty or representation that its WebCheque payment system will be available at all times.
11.2 WebCheque reserves the right to suspend its system when it considers necessary for maintenance or upgrade to the systems. WebCheque will use reasonable endeavours to minimise any periods during which the system is unavailable and where possible will post notice on its website www.WebCheque.eu of such suspension.
12 Exclusion of representation and warranties
12.1 WebCheque makes no warranty or representation, either express or implied, as to the suitability or fitness for purpose of the WebCheque payment system.
12.2 WebCheque gives no warranty, makes no representation and disclaims all liability so far as the law allows with respect to the quality, availability, legality, delivery or any other aspect of your dealings with Participating Merchants.
12.3 The process by which WebCheque authorises merchants to accept payment through the WebCheque payment system does not involve any assumption of responsibility or investigation as to those merchants' dealings with any particular consumers and you therefore deal with Participating Merchants entirely at your own risk. Any grievance you may have with a Participating Merchant must be pursued with that merchant and not with WebCheque.
13 Limitation of liabilities
13.1 You acknowledge that WebCheque is solely providing a payment service and that some limitation of liability on WebCheque's part is reasonable and customary in an Agreement such as this.
13.2 Accordingly, you agree that WebCheque shall not be liable for: Any validation provided by WebCheque not being acted upon by a Participating Merchant for any reason; Any delay or failure to carry out WebCheque's obligations under this Agreement arising from maintenance or upgrade of the system, or failure of the system or other event beyond our reasonable control; Any loss or damage (including direct, indirect or consequential loss or damage or loss of profits, business, revenue or opportunity) arising from any delay or failure to carry out WebCheque's obligations under this Agreement (excepting WebCheque's obligation to make a refund), save that nothing in this Agreement shall purport to exclude or limit the liability of either party for death or personal injury caused by negligence.
13.3 Save in relation to death or personal injury caused by negligence, in no circumstances shall WebCheque's liability hereunder exceed the face value of the WebCheque voucher that is issued to you.
13.4 The Financial Services Compensation Scheme is not applicable to WebCheque vouchers. No other compensation schemes exist to cover losses claimed in connection with WebCheque vouchers.
14.1 You hereby indemnify and agree at all times to hold WebCheque harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from your use or misuse of the WebCheque payment system, or for harm suffered directly or indirectly by WebCheque as a result of your breach or non-observance of your obligations under this Agreement.
15 Privacy of your data
16.1 This Agreement is governed and construed by the laws of the British Virgin Islands and both parties submit to the exclusive jurisdiction of the British Virgin Islands Courts.
16.2 WebCheque reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party.
16.3 Nothing in this Agreement is intended to create any rights which are enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
16.4 If any clause or part of any clause of this Agreement shall be found to be illegal or unenforceable, then the validity and enforceability of the remainder of the Agreement shall not be adversely affected.
16.5 Any delay or failure by WebCheque to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and will not prevent that right or remedy from subsequently being exercised or enforced.
16.6 This Agreement constitutes the entire agreement between us relating to the provision of the WebCheque payment system and supersedes any previous agreements and understandings between us relating thereto.
16.7 Business Day means any day other than a Saturday, a Sunday or a public or bank holiday in England.
16.8 You may request a copy of this Agreement to be sent to your registered e-mail address at any time during the duration of the Agreement.