Terms and ConditionsTerms and Conditions

paysafecard Terms and Conditions

Version: November 2009


1. General Provisions

1.1 Please read these Terms of Business carefully as these are the terms upon which you must use the paysafecard ("Card"). These Terms of Business govern the relationship between you and paysafecard.

1.2 Your Card will be operated by Prepaid Services Company Limited ("paysafecard", "we", "us", "our"), a company incorporated in England and Wales (with company number: 05761861) whose registered office is at 1-6 Yarmouth Place, Mayfair, London W1J 7BU.

1.3 Prepaid Services Company Limited operates its service under an e-money issuer's license in the UK and is authorised and regulated by the Financial Services Authority (registration number 475502). We are allowed to operate our service throughout the EU, having notified the relevant Competent Authorities.

1.4 By using a Card you are agreeing to be bound by these Terms of Business.

1.5 We may change these Terms of Business if we reasonably consider it necessary to do so. If we do we shall give 60 days notice before such change is made. All notices and changes will be posted on www.paysafecard.com/ie (the "Website"). You should regularly check the Website for such notices and changes. Your use of a Card following a change shall be considered as your acceptance of the amended Terms of Business. If you do not accept any such change that we make, you may cancel your Card prior to the change being made. For further information see Section 7 (Cancellation). In such circumstances you will not be charged a Card Redemption Fee.

1.6 Our Retail Outlets (see section 3 below) will provide you with a copy of our Terms of Business before you purchase a Card. You can download a copy of these Terms and Conditions at any time from our Website.


2. Fees

We do not charge any fees for checking your balance and statements on the Website. However, the following fees do apply:

Balance Update/Transaction History FREE
New Card issue Retail
FREE
Card Redemption Fee

€ 7,5

Monthly Administration Fee (applicable only 1 year after first payment is made or 2 years after purchase of the Card, whichever is the sooner)

€ 2

If we decide to increase or impose any new fees, these will be shown on the Website at least 60 days before any changes take effect.


3. Buying a Card

3.1 We have a relationship with a number of Retail Outlets ("Retail Outlets") who sell the Cards. A list of Retail Outlets can be found on the Website.

3.2 The Cards can be purchased from Retail Outlets. The Cards will only be issued by a Retail Outlet upon payment by you of the value printed on the Card ("Card Value").

3.3 You can purchase up to 10 Cards from a Retail Outlet at any one time.

3.4 Each Card is allocated its own unique Personal Identification Number ("PIN"). When you purchase a Card, the Retail Outlet will issue you with a receipt showing your PIN. If the Retail Outlet is an electronic retailer, the receipt showing your PIN will be in electronic form, and you should print this out for safekeeping. Each Card is valid for an indefinite period of time commencing on the date it was purchased.


4. Setting up a password

You may set up your own password through our Website. Setting up a password will create additional security when you are using a Card to purchase goods and services. If you choose to set up a password it will only protect the particular Card that it has been created for.


5. Using a Card

5.1 You may use our Cards with those online retailers and service providers listed on our Website ("Webshops"). Once you have purchased a Card you can use it to purchase products and services in these Webshops.

5.2 You may use your Card as often as you like to purchase goods or services up to a total of the Card Value.

5.3 You may use up to 10 Cards on the same transaction.

5.4 When you pay using your Card you will be asked to enter the Card's PIN. If you have elected to register a password you will be requested to enter the password as well as the PIN.

5.5 Upon entering the PIN, you irrevocably authorise the Webshop to deduct the funds immediately from your Card for the relevant product/service.

5.6 All debits from the Card shall be euro. If you are paying for goods and services in another currency, the amount payable shall be converted to euro at the published exchange rate on the Website (http://www.paysafecard.com/exchange/exchange.php?language=en) on the day of the transaction. The applicable exchange rate will also be shown at the time of the transaction.

5.7 Our Cards are transferable. You are not permitted to re-sell Cards to any person.

5.8 You can check the balance of your Card at any time on the Website.

5.9 You can check the transaction record of each Card at any time on the Website.

5.10 If you find that your Card is defective, you should tell us immediately, either by phone (0818 286 968) or by e-mail (info@paysafecard.com). If it is not possible to remedy the defect, we will issue you with a new Card. If the Card Value of the newly issued Card is higher than the balance on the defective Card, you may be required to pay additional funds to us to cover the difference. This does not affect your statutory rights.


6. Your right to a refund

You may request a refund of the funds on your Card provided that you have more than €10 (or equivalent) remaining on the Card. To do so, send us an e-mail to info@paysafecard.com requesting a refund or call customer services on 0818 286 968. Before we can refund the funds to you we will need you to provide us with the serial number of the Card, the value left on your Card, your full name, email address and a contact number as well as your personal bank account details where you would like us to transfer the money. 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 refund request. A Card Redemption Fee will apply (see Fees section above).


7. Cancellation

7.1 Subject to Section 6, you have a legal right to cancel your Card up to 14 days after you purchase it or anytime after 12 months from the date you purchase it without being charged any cancellation fee. Under these Terms of Business, you also have the right to cancel a Card at any time after this 14 day period for a refund of the balance on your Card (in accordance with Section 6 above). If you cancel a Card we will block it the next working day (Monday to Friday) so it cannot be used.

7.2 You will not be entitled to a refund of money that you have already spent on goods or services.

7.3 If you cancel a Card, once all transactions and applicable fees have been deducted subject to Section 6 above, we will arrange for any unused funds to be refunded to you.

7.4 We may block or cancel a Card immediately if we suspect any fraud or misuse of a Card occurring, if we have other security concerns or we need to do so to comply with the law or an order of court or other competent authority. We will issue you with a replacement Card if you contact us and if we believe such circumstances no longer apply. If the Card value of the newly issued Card is higher than the balance on the defective Card, you will be required to pay additional funds to us to cover the difference.


8. Currency

8.1 Our Cards are issued in Euros (€). Any payments made for goods/services in another currency shall be converted into Euros using the exchange rate applicable on the date of transaction. Our applicable exchange rates (exchange rates published by an Austrian credit institution) will be posted daily on the Website (http://www.paysafecard.com/exchange/exchange.php?language=en) and will be displayed during the payment transaction. The exchanged rate used and the amount that will be debited from the Card will also be shown at the time of the transaction.

8.2 Notwithstanding clause 8.1 above, on an exception basis some online Retail Outlets may issue Cards in another currency. Any payments made with a Card in another currency for goods/services in a currency other than Euros shall be converted into Euros using the exchange rate applicable on the date of the transaction which is published on the Website (http://www.paysafecard.com/exchange/exchange.php?language=en).  For every cross currency transaction where the base currency is in EUR a general exchange rate surcharge of 2 % will be applied. However for cross currency transactions where EUR is not the base currency a exchange rate surcharge of 4 % will apply.


9. Your duty to take due care, security and PIN protection

9.1 You must check your receipt or your Card confirmation has a PIN and serial number. If you cannot read your PIN and serial number or you believe confirmation is corrupted in any way then you must inform us by phone (0818 286 968) or by e-mail (info@paysafecard.com) stating the serial number of the Card. We will then send you a new Card. If you are unable to read both the PIN and the serial number of the Card then you must send us a copy of the print out by fax (fax no: +43 1 720 83 80 12). Once we have verified that both the PIN and the serial number are illegible we will send you a new Card.

9.2 You must keep your Card, PIN and password safe and protect it from access by unauthorised third parties. Do not give your PIN or password to any unauthorised third party. If you have a password, you should memorise this and not write it down or reveal it to anyone. You must ensure that you keep your password separate from your PIN at all times to avoid access by an unauthorised third party.

9.3 If you lose your Card it will not be replaced.

9.4 You should treat your Card like cash in a wallet. If it is lost or stolen you may lose some or all of your money on the Card in the same way as if you lost cash in your wallet.

9.5 If you believe any of your Card transactions are incorrectly posted you must notify us as soon as possible but within 13 months of the date of the debit. If you believe your Card has been stolen or used in an unauthorised manner, you must inform us immediately. In either case you can notify us or inform us by phone (0818 286 968) or by e-mail (info@paysafecard.com) so that any remaining balance on the Card can be blocked. To enable us to block a Card we will require the serial number and your password (if applicable). It may take up to one working day (Monday to Friday) from the time we are informed of the abuse/theft for us to successfully block a Card.

9.6 Unless we have reason to suspect fraud, deliberate or negligent behaviour on your part and as long as your claim is made within the time limit specified in 9.5 above, we will issue a new Card for the amount under investigation.

9.7 We will not be responsible for the loss of funds on your Card until you notify us.

9.8 Before we issue you with a new Card you must provide us with proof of purchase of the stolen/abused Card. In the case of a stolen Card you may also be required to provide us with the crime reference number issued by the police. Any difference between the Card Value of the blocked Card and the Card Value of the newly issued Card will be borne by you.


10. Complaints

If you are unhappy in any way with our Cards or the way our service is managed, tell us by e-mailing info@paysafecard.com so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly. You may be able to take unresolved complaints to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone:   +44 207 964 0500   and e-mail: enquiries@financial-ombudsman.org.uk.


11. Disputes with Webshops

If you have any disputes about purchases you have made with your Card, you should settle these with the relevant Webshop. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with a Card. Remember that once you have used a Card to make a purchase we cannot stop that transaction.


12. Liability

12.1 IF YOU ARE AFFECTED BY SOMETHING WHICH IS OUR FAULT, WE WILL ONLY BE RESPONSIBLE FOR LOSS YOU SUFFER AS A DIRECT RESULT UP TO A MAXIMUM OF THE BALANCE ON THE CARD AND NOT FOR ANY OTHER LOSS (FOR EXAMPLE, LOSS OF REPUTATION).

12.2 If you have acted fraudulently or if you do not use a Card in accordance with these Terms of Business you will be responsible for all losses on the Card. If you act without reasonable care and this causes losses, you may also be responsible for this.

12.3 We accept no responsibility or liability for a Webshop refusing to honour a transaction on a Card or failing to cancel an authorisation.

12.4 We are not liable to you for any losses caused by acts of God, riots, war, natural disasters or other occurrences which are beyond our reasonable control.

12.5 We do not guarantee the permanent availability of the paysafecard system, in particular the availability of the systems of Retail Outlets or Webshops.


13. Conflicts of Interest

13.1 It is our policy to avoid any conflict of interest when providing business services to our customers. However, where an unavoidable conflict of interest may arise we will advise you of this in writing and obtain your written consent before proceeding or continuing to provide any business service to you. If you have not been advised of any such conflict of interest you are entitled to assume that none arises.


14. Where You Default

14.1 In the event of default in your obligations to us, we may ask you to take such action as is necessary to remedy the default. Subject to these Terms of Business and to the extent permitted by law, we retain the right to enforce your obligations by way of legal proceedings


15. Compensation

The Financial Services Compensation Scheme is not applicable for the Cards. No other compensation schemes exist to cover losses claimed in connection with a Card.


16. Data Protection

We do not collect any personal data about you when you purchase or use a Card. Personal data is collected when you provide personal data to our. All personal data is handled in accordance with our Privacy Policy which can be viewed "here".


17. Assignment of the Contractual Relationship

We may assign the benefit and burden of these Terms of Business to another company at any time, on giving your at least 60 days prior notice of this. If we do this, your rights will not be affected.


18. Choice of Law and Court

These Terms of Business are governed by Irish law and Irish courts will deal with any legal proceedings between us. Communications with you will be in English.


19. General

If any provisions of these Terms of Business are held to be unenforceable, illegal or void in whole or in part the remaining portions of the provisions and these Terms of Business shall remain in full force and effect to the maximum extent permitted by local law.

These Terms of Business supersede all prior representations, arrangements, understandings and agreements between the parties herein relating to the subject matter hereof, and sets out the entire, complete and exclusive agreement and understanding between the parties relating to the subject matter hereof but does not limit any party's liability for fraudulent misrepresentation.

The waiver or forbearance or failure of paysafecard in insisting in any one or more cases upon the performance of any provisions of these Terms of Business shall not be construed as a waiver or relinquishment of its rights to future performance of such provision and your obligations in respect of such future performance of that (or unrelated provisions) shall continue in full force and effect.

If we decide to increase or impose any new fees, these will be shown on the Website at least 60 days before any changes take effect.

Prepaid Services Company Ltd. is regulated by the Financial Services Authority (FSA) in the UK and is authorised to issue electronic money (Register number: 475502). The register of the Financial Services Authority can be found at www.fsa.gov.uk.