IF YOU DO NOT AGREE TO THESE MYPAYWIZARD T&C, PLEASE DO NOT REGISTER WITH PAYWIZARD OR USE ANY OF OUR SERVICES.
1.1 In these MyPaywizard T&C, the following terms have the following meanings:
“Chargeback” means any reversal of a Payment Request which Paywizard is legally or contractually obliged to carry out, pursuant to a request from you, your bank or payment card issuer. This may arise due to: (i) a claim that the Payment Request was not authorised, (ii) insufficient funds being available in your payment account or MyPaywizard Account, (iii) a processing error, (iv) a failure to deliver Products or the delivery of defective Products by the Merchant, (v) Merchant/customer disputes, (vi) fraudulent (or potentially fraudulent) activity, or (vii) any other reason;
“Customer Services” means MyPaywizard customer services, which can be contacted as set out in section 18 below;
“E-Money” means electronic currency used to purchase goods and services online;
“Merchant” means a business that accepts payments through the Paywizard Service;
“Merchant Website” means a website owned or operated by a Merchant who is registered with Paywizard;
“Payment Request” means any transaction made by you, such as the funding, payment, transfer or withdrawal of E-Money, to or from your MyPaywizard Account;
“Payment Source” means the default payment source registered to your MyPaywizard Account (such as a bank account or valid credit card) as may be updated from time to time through your MyPaywizard Account profile;
“Paywizard” means Paywizard PLC, a company registered in Scotland under number SC376020, whose registered office is at Cluny Court, John Smith Business Park, Kirkcaldy, Fife, KY2 6QJ, United Kingdom;
“MyPaywizard Account” means the E-Money account you open and hold with us in order to use the Paywizard Service;
“MyPaywizard Standard Charges” means all transaction and administrative fees and charges payable by you for using the Paywizard Service, as set out in section 11;
“Paywizard Service” means the Paywizard E-Money payment solution using registered “e-wallets”;
“Paywizard Website” means the website at www.paywizard.com;
“Product” means all products, services and offers available to purchase from a Merchant through a Merchant Website;
“Transaction Value” means the price and any additional sums payable by you to a Merchant for the purchase of Products, inclusive of VAT;
“We“, “us“, “our” shall mean PayWizard; and
“You“, “your” shall mean you, the natural person or legal entity in whose name the MyPaywizard Account is opened and maintained.
2.1 In order to open a MyPaywizard Account, or use the Paywizard Service you must be:
2.1.1 over the age of eighteen (18);
2.1.2 the registered owner of a bank account or qualifying credit or debit card;
2.1.3 opening an account on your own behalf, or on behalf and in the name of a party (such as a company, partnership, charity) for whom you are fully authorised to act, and
2.1.4 not using your MyPaywizard Account to resell Products or receive payment for any other goods or services (“Merchant Activities“).
2.2 You must inform us if you intend to use your MyPaywizard Account for Merchant Activities at any time before or after registration (even if you also intend to continue using it to pay for goods and services). Any Merchant Activities carried out by you shall be subject to the Paywizard Merchant T&C of Business, and any Payment Requests carried out in relation to Merchant Activities will be subject to additional Merchant standard charges. In determining whether or not a MyPaywizard Account is being used for Merchant Activities, our determination shall be final.
2.3 By opening a MyPaywizard Account you declare and confirm that you meet the above requirements and that the opening of a MyPaywizard Account does not violate any laws or regulations applicable to you. We may require evidence of this (including proof of age) at any time.
2.4 We reserve the right to refuse or to cease to provide the Paywizard Service and close your MyPaywizard Account if you do not meet, or cease to meet, any of these requirements.
3.0 About Your MyPaywizard Account
3.1 The Paywizard Service enables you: (i) to deposit funds in the form of E-Money to your MyPaywizard Account, (ii) to send electronic payments when purchasing Products from Merchant Websites, and (iii) to withdraw funds from your MyPaywizard Account, each as described further in these MyPaywizard T&C and the Paywizard Website. By logging into your MyPaywizard Account, you will be able to check your E-Money balance and payment history (including all MyPaywizard Standard Charges paid by you) which we will endeavour to update in real time. Paywizard reserves the right to charge an administration fee in order to maintain your MyPaywizard Account which (if applicable) will be as set out in section 11.
3.2 Any funds held in your MyPaywizard Account are regulated in accordance with the European E-Money Directive (Directive 2000/46/EC). Paywizard is authorised by the UK Financial Conduct Authority (“FCA“) under the Electronic Money Regulations 2011 (“EMR”) for the issuing of electronic money. We are listed on the FCA’s register at http://www.fsa.gov.uk/register/home.do and are subject to the applicable rules and regulations of the FCA.
3.3 Please note that Paywizard acts merely as a payment service provider – we are not a bank and your MyPaywizard Account is not a bank account. Paywizard complies with all applicable provisions of the E-Money Directive and other UK laws and payment industry body regulations which are designed to ensure the liquidity and safety of E-Money deposited with us. However, by registering for the Paywizard Service, you understand and accept that:
3.3.1 the Paywizard Services are not covered by the UK Financial Services Compensation Scheme (“FSCS”); and
3.3.2 your MyPaywizard Account and the funds held in it are not insured by any other government agency.
3.4 Any E-Money stored in your MyPaywizard Account will not expire and as it is not a deposit, it will not earn any interest. However, we reserve the right to charge you a monthly dormant account fee as set out in section 11 if your MyPaywizard Account is inactive (i.e. not used for a Payment Request) for a period of twelve (12) months.
4.0 Opening and Closing Your MyPaywizard Account
4.2 All information provided by you during the registration process or any time after registration must be accurate and up to date. You must not provide any information which is false, inaccurate or misleading or which you are not legally authorised to use. You must notify us promptly of any changes to the details provided in your initial application form or relating to your MyPaywizard Account. We may ask for further information about you at any time and a failure or refusal to provide such information may result in a restriction on or suspension of your use of the Paywizard Service or your MyPaywizard Account.
4.3 Your MyPaywizard Account will be designated in a currency of your choice and you may only open one (1) MyPaywizard Account in that currency. After registration, you may not change the currency of your MyPaywizard Account, but you may open another MyPaywizard Account in another currency. We may close accounts of any customer who we believe has opened multiple accounts in the same currency. You acknowledge that the value of accounts held in multiple currencies will fluctuate as exchange rates change. All Payment Requests are subject to currency conversion fees as further described in section 11.
4.4 These MyPaywizard T&C will continue to apply until either you close your MyPaywizard Account or it is terminated by us under section 15. You can close your MyPaywizard Account at any time by contacting Customer Services in writing or by e-mail. This will terminate your contract with us and your right to use the Paywizard Service for further Payment Requests.
4.5 The closure of your MyPaywizard Account will not be subject to a separate Paywizard fee, however all outstanding Payment Requests, MyPaywizard Standard Charges and other payment liabilities must be satisfied prior to closure, and may not be cancelled or reversed unless otherwise permitted under these MyPaywizard T&C.
4.6 Once all such payment obligations have been satisfied, you may withdraw any remaining balance on your MyPaywizard Account in accordance with section 9. This must be carried out within a reasonable period, usually ninety (90) days from the date you close your MyPaywizard Account. During this period you will not be able to access the Paywizard Service or your MyPaywizard Account for any other reason. Any amounts not withdrawn at the end of this period may be subject to MyPaywizard Standard Charges, as set out in section 11.
4.7 The closure of your MyPaywizard Account will have other consequences which are set out in section 15.8 below.
5.0 Acceptable Use
5.1 Neither you nor anyone else authorised by you may use your MyPaywizard Account or the Paywizard Service:
5.1.1 for any illegal purposes including but not limited to fraud and money laundering;
5.1.2 in an unlawful manner, or in violation of any applicable laws, licence or third party rights;
5.1.3 to re-sell the Paywizard Service or any part or it or exploit it for any commercial purposes (or attempt to do so);
5.1.4 in any way which interferes or tampers with, abuses, modifies or otherwise corrupts the security or functionality of any part of the Paywizard Service or the Paywizard Website or any other website; or
5.1.5 in a way that is not permitted under these MyPaywizard T&C or any other reasonable instructions we may give to you.
5.2 In addition to the above, you MUST NOT use the Paywizard Service or your MyPaywizard Account in breach of our Acceptable Use Policy. Paywizard reserves the right to add or remove, at its sole discretion, categories of prohibited transactions by updating the Acceptable Use Policy from time to time. It is your responsibility to ensure that your use of the Paywizard Services complies with this policy at all times. If you are in any doubt as to whether a Payment Request falls within a category of prohibited transactions listed in this policy, please contact Customer Services.
5.3 If we believe that you are using or have used your MyPaywizard Account directly or indirectly in a way not permitted under section 5.1 or section 5.2 above, Paywizard may suspend or terminate your MyPaywizard Account as set out in section 15 below.
6.0 Payment Requests
6.1 Subject to the Paywizard disclaimers in section 12, you can access your MyPaywizard Account and execute Payment Requests at any time of day.
6.2 Only you can log into your MyPaywizard Account to use the Paywizard Service. All Payment Requests must be carried out by you and (unless otherwise authorised by Paywizard) you must be the named holder of any bank account, payment card or other Payment Source linked to your MyPaywizard Account. Any use of your details by anyone else will (in the absence of an error by Paywizard) be considered to have been carried out by you, and you will be responsible for all such use.
6.3 Before processing any Payment Request to or from your MyPaywizard Account, we may carry out various security checks in order to confirm the identity of the person issuing the instruction or in connection with the detection or prevention of illegal activity or a breach of these MyPaywizard T&C.
6.4 You understand and agree that by submitting a Payment Request through your MyPaywizard Account, you are providing consent for the Payment Request to be processed and for the relevant MyPaywizard Standard Charges to be charged in accordance with section 11.
6.5 We endeavour to process all Payment Requests between MyPaywizard Accounts in real-time. It is therefore important to understand that once consent has been provided by you, the authorised Payment Request will be logged in our systems and may not be cancelled or reversed or your consent revoked.
6.6 Details of all Payment Requests and their related Paywizard charges are displayed in your online transactions history and can be viewed at any time. You should check your MyPaywizard Account balance and transaction history regularly and report any irregularities to Customer Services.
6.7 We are not responsible for any errors made by you when completing or submitting a Payment Request. Where a Payment Request is submitted in error by you and has been processed, you will not be entitled to a refund. If you believe a Payment Request has been processed in error by us, you must promptly notify us and the provisions of section 13 shall apply.
6.8 You may choose to provide consent for a series of future payment transactions (a “Regular Payment Request”) – for example to pay for a subscription service – by following the on-screen guidelines from your MyPaywizard Account. A Regular Payment Request may pre-authorise us to:
6.8.1 make regular subscription payments to an identified Merchant;
6.8.2 make regular monthly top ups to your MyPaywizard Account of a pre-specified amount; or
6.8.3 carry out automatic top ups to your MyPaywizard Account if your balance falls below any minimum thresholds (where applicable).
In this way your consent is automatically provided for a set of pre-authorised transactions until such time as you choose to revoke or cancel such consent.
6.9 Regular subscription payments can only be cancelled direct with the relevant Merchant. Once we have received a cancellation instruction from the Merchant, no further funds will be paid from your MyPaywizard Account to that Merchant on the next subscription Regular Payment Request due date and afterwards, unless you resubmit a new subscription Regular Payment Request. This will not apply to any funds which have already been credited to the Merchant.
6.10 Regular monthly tops ups can be managed from within your MyPaywizard Account. You may revoke consent for monthly top ups up to one (1) working day prior to the next scheduled Regular Payment Request due date.
6.11 In the case of automatic top ups to your MyPaywizard Account, a Regular Payment Request will authorise Paywizard to debit a specific amount from your Payment Source once your balance reaches the relevant threshold, as described in section 7 below. If you wish to cancel or amend this consent you can do so directly via your MyPaywizard Account. You agree not to cancel or otherwise reverse an automatic top up Regular Payment Request by contacting the third party issuer of the Payment Source (such as your bank or card provider).
6.12 From time to time, you may also choose which Merchants you would like to add to your “Favourites” (“Favourite Merchant”) and confirm in advance pre-authorised transactions (“PATS”) for each of your nominated Favourite Merchant(s). Establishing Favourite Merchant(s) and setting up PATS allows you to purchase the Products of your Favourite Merchant without having to re-enter logins and passwords. You can also set a daily spend limit (subject to any minimum thresholds) for your PATS. By setting up Favourite Merchant(s) and PATS you are authorising Paywizard to make payments from your MyPayWizard Account without further authorisation being required from you. You can amend Favourite Merchants and PATS directly on your MyPaywizard Account, as required.
7.0 Topping Up Your MyPaywizard Account
7.1 In order to top up your MyPaywizard Account e-wallet with E-Money, you must (i) select one or more of the Payment Source options available, (ii) provide any information requested, and (iii) complete any relevant identity and security checks. The provider of your selected Payment Source may change or discontinue their products and services from time to time and it is your responsibility to ensure that your instructions and MyPaywizard Account details are amended accordingly. This includes updating soon-to-expire payment cards, although we will endeavour to send you a reminder by e-mail in these cases.
7.2 The submission of a top up Payment Request authorises us to obtain or receive funds on your behalf from your chosen Payment Source (plus any applicable MyPaywizard Standard Charges) and then issue an equivalent monetary value (less any applicable MyPaywizard Standard Charges) to your MyPaywizard Account. All top up fees are set out in section 11.
7.3 Your MyPaywizard Account may require you to top up a minimum amount for each transaction for security purposes or to comply with legal and commercial requirements, and you agree to comply with any such minimums.
7.4 The processing of a top up Payment Request will depend on the bank, payment card issuer or other third party payment service provider who administers your selected Payment Source. Paywizard is not connected to these parties and is not responsible for ensuring that they will correctly complete the request. We do not guarantee that any top up Payment Request will be accepted by such parties or that the requested funds will be received by Paywizard. In the event of a failed payment, we will notify you and ask you to contact us.
7.5 Once the requested funds (plus any applicable MyPaywizard Standard Charges) have been received by Paywizard from your Payment Source, an equivalent monetary value (less any applicable MyPaywizard Standard Charges) will be credited to your MyPaywizard Account. A top up Payment Request may take up to three (3) working days to process.
8.0 Merchant Payments and Refunds
8.1 In order to send payment of the Transaction Value to a Merchant, you will need to (i) log in to your MyPaywizard Account, either through the Paywizard Website or (if available) directly through the Merchant Website, (ii) issue the relevant instructions, and (iii) complete any relevant identity and security checks.
8.2 Upon receipt of a correctly issued Payment Request, we will (subject to any spending limits, minimum thresholds or other restrictions on your MyPaywizard Account) collect the Transaction Value which is the subject of the Payment Request from your MyPaywizard Account and transfer these to the Merchant’s Paywizard Account. We endeavour to process such Payment Requests in real-time, however, please note that Merchants may require additional time to process or confirm payments received through the Paywizard Service. Once funds are credited to the Merchant’s Paywizard Account, the Payment Request has been processed and cannot be reversed or cancelled.
8.3 In the event of a failed payment (for example, where you have insufficient funds in your MyPaywizard Account and we do not have authority to carry out an automatic top-up from your default Payment Source), we will notify you and ask you to contact us. In such case, we will not be responsible for recovering or paying any amounts owed by you to the intended recipient, but you will still be responsible for satisfying your payment obligations to that party.
8.4 If you receive funds into your MyPaywizard Account from us or a Merchant or any other party (e.g. by way of a refund), we will notify you by e-mail and the transaction will appear in your MyPaywizard Account history. Please note that these funds may still be subject to reversals as described in section 11 below, and will, where applicable, attract currency conversion and other MyPaywizard Standard Charges.
9.0 Chargebacks, Indemnities and Reversals
9.1 A Payment Request is completed once it has been processed and the relevant amount paid into a MyPaywizard Account. However, a Payment Request may be subject to reversal at a later date if it is subject to: (i) a Chargeback, (ii) an indemnity claim (e.g. where a direct debit payment is taken in error), (iii) a reversal, or (iv) invalidation for any other reason (a “Reversal“). This can occur even after Products have been sold or delivered. Please note that the payment of a Chargeback is determined by the issuer of a payment instrument rather than Paywizard.
9.2 You are responsible for all Reversals (and related fees, fines or other liabilities) caused by your use of the Paywizard Service and you agree to compensate Paywizard for any such costs and liabilities.
9.3 Where a Payment Request is subject to a Reversal you will be liable for all MyPaywizard Standard Charges payable in respect of the original transaction as well as any Chargeback or Indemnity fees (as specified in section 11), unless the Reversal arose directly as a result of our error.
9.4 If you choose a Payment Source which is subject to Chargeback rights, you agree that you will not yourself claim a Chargeback for which Paywizard is not responsible, such as a dispute with a Merchant or (in respect of top up Chargebacks) insufficient balance being available in your Payment Source account.
9.5 If the processing of a Reversal or any MyPaywizard Standard Charges results in your MyPaywizard Account going into a negative balance, you may be required to top up additional funds to address the shortfall and comply with any minimum threshold requirements. A failure to do so will be a breach of these MyPaywizard T&C. Alternatively we may exercise our rights under section 9.7 below.
9.6 If you submit a Payment Request for the purchase of a Product but do not have sufficient E-Money in your MyPaywizard Account to pay for it, section 8.3 above will apply. In no circumstances will Paywizard have any duty to offer or provide overdraft, credit or similar facilities.
9.7 If you owe any amounts to Paywizard, we may immediately deduct such amounts from your balance available in your MyPaywizard Account. If there are insufficient funds available in your MyPaywizard Account to cover such liabilities we, Paywizard, reserve the right to do any one or more of the following:
9.7.1 reverse a payment which we reasonably believe breaches these MyPaywizard T&C; and/or
9.7.2 collect the amount owed as debt by deducting it from any payments received into any MyPaywizard Account held by you; and/or
9.7.3 recover the amount owed through any other legal means, including, without limitation, transferring responsibility for collecting the debt to a debt collection agency, in which case additional collection fees will be charged as set out in section 11; and/or
9.7.4 accept payment by you through any other agreed means.
Exercising any of these rights will not prevent Paywizard from suspending or terminating your MyPaywizard Account or the Paywizard Services or from taking any other action described in section 15.
9.8 We may from time to time ask you to enter into security arrangements with us (for example, by providing a guarantee or requiring you to deposit funds with us as security for your obligations to us or third parties). You also agree to undertake, at your own expense, any such actions required to establish a reserve or other form of security in a manner reasonably determined by us.
9.9 For the avoidance of doubt, you will remain responsible for all payment liabilities relating to your MyPaywizard Account whenever incurred, including after termination or while your MyPaywizard Account is suspended. If your MyPaywizard Account is closed for any reason, we reserve the right to hold a reserve amount for up to ninety (90) days, as set out in section 15.8.4 below.
10.0 Withdrawing E-Money
10.1 Subject to payment of the relevant MyPaywizard Standard Charges, you can withdraw all or part of the balance of funds held in your MyPaywizard Account at any time by logging into your MyPaywizard Account, following the relevant on-screen instructions and completing any identification or security checks. We may decline to process a withdrawal Payment Request which does not comply with any minimum threshold, minimum withdrawal amounts or other limitations which may apply to your MyPaywizard Account.
10.2 The submission of a withdrawal Payment Request authorises us to obtain or receive funds from your MyPaywizard Account (plus any applicable MyPaywizard Standard Charges) and issue the equivalent monetary value to your default Payment Source. It is your sole responsibility to ensure that your MyPaywizard Account details are correct and up-to-date as we will be unable to process a withdrawal request if the information provided is incorrect or if your Payment Source has expired.
10.3 You must (unless otherwise authorised by Paywizard) be the holder of the default Payment Source registered to your MyPaywizard Account. Any attempt to withdraw funds from a MyPaywizard Account and pay them to an account or other payment instrument in respect of which you are not the named holder will be treated as fraud.
10.4 All MyPaywizard Standard Charges, including, but not limited to, withdrawal fees are set out in section 11 and will be notified to you at the time you submit the withdrawal Payment Request. The funds in your MyPaywizard Account must be sufficient to cover these fees.
10.5 The processing of a withdrawal Payment Request will depend on the bank, payment card issuer or other third party payment service provider who administers your selected Payment Source. Paywizard is not connected to these parties and is not responsible for ensuring that they will accept the withdrawn funds. Paywizard does not guarantee that the payment method selected by you will be available or successful. In the event of a failed payment, we will notify you by e-mail and ask you to contact us.
10.6 All withdrawn E-Money will be redeemed in the currency in which your MyPaywizard Account is denominated. If your selected bank account or payment card is designated in a different currency, your bank or payment card provider will determine the rate at which the E-Money is exchanged and may charge you additional currency conversion fees. A withdrawal Payment Request may take up to three (3) working days to process.
11.0 MyPaywizard Standard Charges
11.1 All fees and other charges payable by you for holding a MyPaywizard Account and using the Paywizard Service are set out below. These are payable for the following actions:
|UK Sterling (£)||USD ($)*||Euros (€)*|
|Account top ups||£nil||$nil||€nil|
|Withdrawals (per Payment Request)||£1.50||$2.40||€1.77|
|Dormant Account Fee||£1.50||$2.40||€1.77|
*Rates may fluctuate from time to time, current figures in these columns are indicative only. Actual charge will be displayed at the time of purchase and/or in your MyPaywizard Account transaction history.
Together, these are referred to as the “MyPaywizard Standard Charges“.
11.2 For the avoidance of doubt, where a Payment Request is subject to a Reversal you will be liable for all MyPaywizard Standard Charges payable in respect of the original transaction as well as any Chargeback or Indemnity fees specified above unless the Reversal arose directly as a result of our error.
11.3 You consent and agree that we may deduct any MyPaywizard Standard Charges and any other amounts owed to us from the funds in your MyPaywizard Account or from any other MyPaywizard Account held by you.
11.4 Transactional MyPaywizard Standard Charges will become payable at the time the Payment Request is executed. We may refuse to execute a Payment Request if your MyPaywizard Account balance is insufficient to cover the applicable MyPaywizard Standard Charges. If the payment of MyPaywizard Standard Charges results in your MyPaywizard Account going into a negative balance section 9 will apply.
11.5 If you make a payment from your MyPaywizard Account to a Merchant’s Paywizard Account or to a Payment Source which is denominated in a currency which is different to that of your MyPaywizard Account, the total amount to be paid shall be calculated by Paywizard based on the currency exchange rate at the time of the Payment Request which is available from a reputable daily currency exchange rate service provider used by Paywizard. In addition you will have to pay a currency conversion fee (if any), as set out in the table above. The total amount to be collected from or paid from your MyPaywizard Account will be displayed at the time of the Payment Request and will also appear in your MyPaywizard Account transaction history. All MyPaywizard Standard Charges will be charged in the designated currency of your MyPaywizard Account.
11.6 Paywizard reserves the right to vary the MyPaywizard Standard Charges in accordance with section 17.
12.0 Paywizard Warranties and Disclaimers
12.1 General: Subject to the remainder of this section 12, we will provide the Paywizard Service with reasonable care and skill and in accordance with these MyPaywizard T&C. We do not give any other promises or warranties about the Paywizard Service. This does not affect your statutory rights under any laws that may apply to you.
12.2 Service Availability: We make reasonable efforts to ensure that the Paywizard Service is available at all times. However, we cannot and do not guarantee that access to the Paywizard Service will be continuous or error-free. We may carry out scheduled, emergency or other reasonable maintenance which may result in service downtime from time to time. Provided that we have used reasonable efforts to ensure the Paywizard Service is available, we will not be liable for any loss that you or anyone else suffers as a result of it not being available.
12.3 Processing Times: We make reasonable efforts to ensure that all Payment Requests are processed in a timely manner. However, any processing times set out in these MyPaywizard T&C are estimates only – our ability to process is dependent on a number of factors outside of our control and we do not give any guarantee regarding the amount of time it will take to process Payment Requests. Provided that we have used reasonable efforts to process these promptly, we will not be liable for any loss you or anyone else suffers as a result of processing times.
12.4 Payment Requests: We are only responsible for processing a Payment Request in accordance with your instructions and based on the information provided by you. The use of your password and/or security questions will be deemed to be a valid instruction from you to process a Payment Request. We have no obligation to identify any errors in a Payment Request issued by you.
12.5 Merchants: The Paywizard Service enables you to make payments to and accept payments from third parties. Paywizard is an independent contractor for all purposes and does not act as agent for any Merchants. The fact that a Merchant has signed up to the Paywizard Service does not mean that Paywizard has verified or will monitor the financial standing of that Merchant, or that all activities carried out by a Merchant are lawful. Nor does it imply that Products and services provided by that Merchant will be of a certain standard. You acknowledge that Paywizard is not under any obligation to guarantee the identity of any Merchant, or ensure that a Merchant accepts or completes a purchase.
12.6 Merchant Website: Merchants are solely responsible for the operation and availability of their Merchant Website. With the exception of the Paywizard functionality, Paywizard is not responsible for any content, information, promotions or other functionality made available on or in connection with a Merchant Website.
12.7 Products: Merchants are solely responsible for all information provided to you in relation to the Products and for ensuring their marketing, sale and supply to you comply with all applicable laws. You acknowledge that Paywizard is not involved in these activities and does not make any statement in relation to or endorsement of the quality, safety or legality of any Products provided by a Merchant. We do not monitor and are not responsible for the type or range of Products offered by Merchants, or whether they can be legally purchased by users of the Paywizard Service.
12.8 Taxes: Paywizard shall have no obligation to carry out or assist with the assessment, collection, reporting or payment of any taxes, duties or other charges that arise from any contract of sale or other commercial transaction between you and a Merchant or any other transactions carried out in relation to your MyPaywizard Account.
12.9 Disputes with Merchants: In purchasing a Product, you are entering into a contract of sale with a Merchant. If a dispute arises between you and a Merchant, it shall be resolved directly with the Merchant (see section 19 below). We shall not be required to enter into or mediate the dispute in any way and our obligations shall be limited to confirming whether any Payment Requests carried out by us complied with the relevant instructions.
13.0 Paywizard’s Liability
13.1 We recommend that you regularly check your transaction history through your MyPaywizard Account. If you become aware of an unauthorised or incorrectly executed Payment Request, you must notify Customer Services without undue delay.
13.2 In case of an unauthorised Payment Request or a Payment Request which has been incorrectly executed due to an error by Paywizard, we will promptly refund to your MyPaywizard Account the amount of such unauthorised or incorrect Payment Request (including any fees paid to Paywizard in respect of such Payment Request) and (where applicable) restore your MyPaywizard Account to the state it would have been in had the unauthorised Payment Request not taken place.
13.3 Section 13.2 shall not apply if:
13.3.1 our error resulted from incorrect or incomplete information provided by you, or from any other breach of these MyPaywizard T&C by you; or
13.3.2 you fail to notify us of the disputed Payment Request within thirteen (13) months from the date on which it was executed.
13.4 In the event that we breach any of our obligations under these MyPaywizard T&C or any other contractual documents entered into with you, we will not be responsible for any losses that you suffer as a result, except for those losses which are a foreseeable consequence of the breach.
13.5 In no event shall we, or any other companies who act on our behalf in respect of the Paywizard Service, be liable for any of the following (howsoever arising):
13.5.1 losses caused by incorrect payments resulting from your instructions;
13.5.2 losses caused by a Merchant’s decision not to accept a payment through the Paywizard Service;
13.5.3 any loss or corruption of your data held by us; or
13.5.4 losses caused by delays, losses, errors, or omissions in any telecommunications or other data transmission system, or any other system outside of our control.
13.6 Subject to section 13.7, if we fail for any reason within our control to deliver the Paywizard Service to you or to comply with any of our obligations under these MyPaywizard T&C, any re-imbursement made by us to you shall not exceed the Transaction Value plus any third party charges incurred by you as a direct result of such failure (such applicable charges to be evidenced to Paywizard for reimbursement). This does not affect your statutory rights under any laws that may apply to you.
13.7 Nothing in these MyPaywizard T&C shall limit or exclude our liability for death or personal injury due to our negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement.
14.0 Your Liability
14.1 You may be responsible for losses, expenses (including legal fees) or damages we incur or are liable to pay to a third party (which may include a Merchant) as a result of your breach of these MyPaywizard T&C, including without limitation your use or misuse of the Paywizard Service, and your breach of any applicable laws. In the event of legal action by a third party as a result of such breaches, you agree to reimburse or compensate us for any such losses, expenses or damages.
15.0 Suspension and Termination of Your MyPaywizard Account
15.1 We reserve the right, at our reasonable discretion, to apply procedures to detect and prevent breaches of these MyPaywizard T&C or to monitor use of the Paywizard Service generally.
15.2 In these MyPaywizard T&C, a “Breach Event” means any of the following events:
15.2.2 we, acting reasonably (but in our full discretion), believe that you are in violation of any law or regulation that is applicable to your use of the Paywizard Service, including involvement in any fraudulent activity, money laundering, or the financing of other criminal activities; or
15.2.3 we, acting reasonably (but in our full discretion), believe that your MyPaywizard Account has been accessed or used without your permission or that our security measures have been compromised in some other way; or
15.2.4 we discover that any information provided by you is false, inaccurate, incomplete or misleading; or
15.2.5 you are unable to pay your debts as they become due or suffer any kind of bankruptcy or (if applicable) insolvency, liquidation or similar event including any arrangement with creditors or the appointment of a receiver.
15.3 Upon the occurrence of a Breach Event, we may, acting reasonably (but in our full discretion) without notice do one or more of the following:
15.3.1 refuse to execute or reverse a Payment Request; and/or
15.3.2 suspend or restrict your access to the Paywizard Services (or part of them) in which case no Regular Payment Requests or new Payment Requests will be processed; and/or
15.3.3 terminate or restrict the functionality of your MyPaywizard Account; and/or
15.3.4 report any suspicious or unlawful activities to: (i) a relevant law enforcement agency, (ii) HM Revenue & Customs or (iii) (if appropriate) any Merchant who is affected by the Breach Event.
15.4 We may also carry out any of the above actions if we reasonably believe we are required to do so by law or in order to comply or co-operate with any regulatory or governmental agency or for the detection or prevention of crime.
15.5 Where we suspend or restrict your access to the Paywizard Service, we will endeavour to notify you of our intention to carry out such suspension or restriction, specifying the Breach Event, and (where applicable) any steps required to rectify it, either prior to suspension or, if prior notification is not possible under the circumstances, promptly after the suspension, unless we are prohibited by law from notifying you.
15.6 Where a Breach Event relates to a breach or suspected breach of security, we may also require you to change your password, user name and any other MyPaywizard Account details. Where possible, and provided the breach of security was not caused by you, access to the Paywizard Service will be restored as soon as practicable after the Breach Event has been resolved.
15.7 We reserve the right to close your MyPaywizard Account and terminate our contract with you at any time by providing you with thirty (30) days’ notice if we cease to provide the Paywizard Service in the United Kingdom.
15.8 Following closure or termination of your MyPaywizard Account for any reason:
15.8.1 all security obligations set out within these MyPaywizard T&C will continue to apply:
15.8.2 all outstanding Payment Requests, charges and other payment liabilities must be satisfied by you;
15.8.3 the outstanding balance in your MyPaywizard Account e-wallet will be transferred to your Payment Source in accordance with section 10. It is your responsibility to ensure that your Payment Source details are correct and up to date. If we are unable to complete the transfer the E-Money will remain in your MyPaywizard Account e-wallet and may be subject to ongoing MyPaywizard Standard Charges as specified in section 11; and
15.8.4 we may deduct from the outstanding balance in your MyPaywizard Account, and hold for up to ninety (90) days following closure of your MyPaywizard Account, a reasonable reserve amount from which we may make deductions to cover any outstanding MyPaywizard Standard Charges, Reversals and any other liabilities of whatever nature. Where closing multiple accounts, this amount may be deducted from a single account to meet your liabilities across all such accounts. At the end of this period we will forward any unused amounts to your Payment Source at no further charge.
16.0 Your Data and Security
16.2 As a Paywizard customer, you will receive regular e-mail updates informing you about new services, product features and promotions. By accepting these MyPaywizard T&C, you agree to receive such e-mail updates. If you do not wish to receive any updates or newsletters from us, you can opt out at any time by: (i) changing the relevant settings in your MyPaywizard Account profile, (ii) clicking the unsubscribe option at the end of each update or newsletter or (iii) contacting Customer Services.
16.3 We will never send you an e-mail or other communication:
16.3.1 requesting you to provide your MyPaywizard Account details, personal identification number (PIN) or password or
16.3.2 containing a hyper-link to your MyPaywizard Account (other than in response to a request from you to reset your password or PIN or change other security/login details).
If you receive such an e-mail or communication (other than for the aforementioned reasons), you should delete it without clicking on any links or opening any attachments provided with it. If you are unsure whether a communication has been sent by us, please contact Customer Services.
16.4 If you become aware that any data provided by you to Paywizard is or has become incorrect, you should correct the data by amending your MyPaywizard Account profile or by contacting Customer Services.
16.5 Upon closure or termination of your MyPaywizard Account, we may continue to store your details (including your transaction history) in accordance with our applicable document retention policies or for as long as required by applicable law.
16.6 You are solely responsible for the security of your MyPaywizard Account user name, password and other details and must take all reasonable steps to keep this information safe and not share it with anyone else. We recommend that you change your password regularly and that you do not write it down or store it anywhere. Paywizard will never ask you to provide your MyPaywizard Account details or password to us or to a third party.
16.7 If you believe or suspect that your MyPaywizard Account password or user name has become lost, stolen or otherwise known to any other person or that your MyPaywizard Account has been accessed by another person, you must contact Customer Services immediately. Any delay in notifying us may not only increase the security risk to your MyPaywizard Account but may result in you being liable for any losses as a result.
16.8 We may from time to time introduce additional security features to enhance or improve the Paywizard Service. Please ensure you familiarise yourself with these and contact us if you believe you will not be able to comply with them.
17.0 Changes to These MyPaywizard T&C
17.1 These MyPaywizard T&C may be amended by Paywizard in its discretion from time to time and the latest version will always be available on the Paywizard Website.
17.2 We will notify you of any changes by e-mail (containing a summary of the key changes and a link to the updated MyPaywizard T&C). Where such change relates to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us, then the notice period shall be at least fourteen (14) days before the change takes effect. Where the changes potentially reduce your rights or potentially increase your liability to us, the notice period shall be at least thirty (30) days before the change takes effect. Please make sure you check for updates to the MyPaywizard T&C each time you use the Paywizard Service.
17.3 The proposed change shall come into effect at the end of the notice period specified in the notification, unless you have given us notice that you object to any proposed changes which reduce your rights or increase your liability to us within this time. In such cases, your notice of objection shall constitute a notice to terminate and close your MyPaywizard Account.
18.0 Communications and Notices
18.1 Should you wish to contact us for any reason, please contact Customer Services as follows:
18.1.2 using the “Contact Us” facility on the Paywizard Website; or
18.1.3 in writing to our postal address at: Paywizard PLC, Cluny Court, John Smith Business Park, Kirkcaldy, Fife, KY2 6QJ, United Kingdom.
18.2 We will usually communicate with you via e-mail, by posting notices on the Paywizard Website or by other reasonable means selected by you in your MyPaywizard Account profile (which you can update at any time). Section 16.3 details information that must not be disclosed during such communications. We recommend that you maintain copies of electronic communications by printing a paper copy or saving an electronic copy, as appropriate.
18.3 You must at all times maintain an up-to-date e-mail address in your MyPaywizard Account profile. It is your responsibility to regularly check the proper functioning of such e-mail account or other methods of communication that you have registered within your MyPaywizard Account and to retrieve and read messages relating to your MyPaywizard Account promptly.
18.4 We will communicate with you in English and will always accept communications made to us in English.
19.0 Complaints and Disputes
19.1 We want you to be happy with the Paywizard Service. In the event of any dispute or problem with Paywizard or regarding your MyPaywizard Account, please contact Customer Services in the first instance and we will try to address your concerns.
19.2 If we are not able to resolve your complaint or dispute to your satisfaction, you may lodge a formal complaint in writing by e-mail or post as set out in section 18.1. We endeavour to acknowledge receipt of all complaints within one (1) working day of receipt. All complaints will be handled in accordance with Paywizard Complaints & Dispute Procedure (a copy of which you may request at any time).
19.3 Any complaint regarding a Merchant, a Product or a Merchant Website should be directed to the Merchant for resolution and shall be governed by the refund or complaints policy of that Merchant. We ask that any dispute with a Merchant is notified to us for our records as this may help us to improve the Paywizard Service.
19.4 The Financial Ombudsman Service (“FOS”) is an independent body that helps settle complaints between consumers and firms regulated by the FCA. If any complaint is not resolved to your satisfaction, you may contact the FOS at South Quay Plaza, 183 Marsh Wall, London, E14 9SR, United Kingdom. You can find further information and contact details on the FOS’ website at www.financialombudsman.org.uk.
19.5 Your MyPaywizard Account is operated in the United Kingdom. These MyPaywizard T&C and the relationship between us shall be governed by and interpreted in accordance with the relevant laws of the United Kingdom. Any dispute or claim arising under these MyPaywizard T&C or otherwise in connection with your MyPaywizard Account which cannot be resolved by our Customer Services team shall be either settled through the FOS or resolved exclusively in the relevant courts of the United Kingdom. This means that if you are not happy with the way we deal with any dispute or complaint and you want to take court proceedings, you must do this within the United Kingdom.
20.1 You and Paywizard are the only parties who may rely on or enforce these MyPaywizard T&C. No other person shall have any rights to enforce these MyPaywizard T&C and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
20.2 Any failure by Paywizard to exercise or enforce any right under these MyPaywizard T&C or to insist that you perform any of your obligations under them shall not be deemed to be a waiver of that right or prevent us from exercising or enforcing any other rights under these MyPaywizard T&C or otherwise.
20.3 Your MyPaywizard Account is personal to you and you may not assign or transfer any rights or obligations under the MyPaywizard T&C to a third party without our prior written consent. Paywizard reserves the right to transfer its rights and/or obligations under these MyPaywizard T&C to a third party by notifying you in writing, but this will not affect your rights under these MyPaywizard T&C.
20.4 If any part of these MyPaywizard T&C is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the MyPaywizard T&C, which shall continue to be valid and enforceable to the fullest extent permitted by law.
LAST UPDATED: 20th October 2016