Google Wallet Terms of Service
October 1, 2013
These Buyer Terms of Service ("Agreement") are a legal contract between Google Payment Ltd., a company incorporated in England (Company No. 05903713), whose registered office is at Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ ("GPL") and You ("Buyer"). GPL can be contacted by email through the Help Center at https://support.google.com/
These Terms of Service, which are a legal agreement between you and GPL, govern your access to and use of Google Wallet. The services described below are provided by GPL. Please review these Terms of Service before you decide whether to accept them and continue with the registration process.
By agreeing to these Terms of Service, you represent the following:
- You are between 13 to 17 years of age and creating a Google Wallet account for the sole and limited purpose of redeeming Google Play Gift Card value for select items that are eligible for purchase by you on Google Play, subject to applicable laws and upon Google's discretion; Or
- You are 18 years old or older; and
- Capable of entering into a legally binding agreement.
Before You continue You should print off or save a copy of this Agreement for Your records. BY CLICKING "I AGREE TO THE TERMS OF SERVICE" BELOW AND CLICKING ON THE "COMPLETE SIGN UP" BUTTON YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Agreement will be effective from the date of acceptance by Buyer ("Effective Date").
1. Defined Terms
The following defined terms appear in this Agreement:
"Account" means the E-money account GPL holds for You.
"Agreement" means these Buyer Terms of Service.
"Business Day" means a day that is not a Saturday, a Sunday, or a bank holiday in the United Kingdom.
"Carrier Billing" means the payment process whereby GPL submits a Funding Transaction to the Carrier for billing to the Buyer's Carrier Billing Account.
"Carrier" means a mobile telephone operator approved by GPL that offers a Carrier Billing Account.
"Carrier Billing Account" means the monthly or other periodic billing account provided to You by Your Carrier that You register with the Service to fund certain Funding Transactions.
"Content" means any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid through the Service.
"Customer" means a person or entity that registers with the Service as a Buyer or a Seller.
"Disputes" means any disagreements, litigation, arrangements and/or other such disputes between Customers or other third parties arising from the use of the Service other than Service Disputes.
"E-money" means electronic value issued by GPL on receipt of funds from You. E-money resides in GPL's computer system and represents a claim by You against GPL for redemption. E-money is not a deposit.
"Funding Instrument" means the credit card, debit card, Carrier Billing Account or other payment instrument which You register for use with the Service and which will be used by GPL to fund the issuing of E-money through the Service in order to process Funding Transactions and for other purposes.
"Funding Transaction" means the transaction by which GPL (i) initiates transfer of a Purchase Amount from Your Funding Instrument to GPL, (ii) issues You with an amount of E-money equal to the Purchase Amount, and (iii) transfers the amount of E-money from You to a Seller from whom You are purchasing a Product.
"Google" means Google International, LLC, and its Subsidiaries and Affiliates.
"GPL Web Site" means a website of GPL or its Subsidiaries or Affiliates.
"GPL", "we" or "us" means GPL Payment Limited.
"Login Details" means the username and password GPL issues to You to access Your Account.
"Payment Order" means (i) the instruction Seller gives to GPL to execute a Funding Transaction authorised by You, which also acts as the notice to GPL of Your authorisation to initiate the purchase of an amount of E-money from GPL, equal to the Purchase Amount of the Funding Transaction, or (ii) the instruction Seller gives to GPL to execute a Refund Transaction, as the context requires.
"Product" means any digital or physical merchandise, good, or service You may purchase from a Seller using the Service.
"Purchase Amount" means an amount equal to the price of a Product, including any related fees, taxes, or shipping charges, as applicable.
"Refund Transaction" means the transaction by which GPL transfers E-money from Seller to Your Account and then redeems and initiates transfer of a corresponding amount to Your Funding Instrument using the refund function of the Service.
"Seller" means any person or entity that uses the Service to sell Products and receive Purchase Amounts from Funding Transactions.
"Service" means the E-money payment service provided by GPL called Google Wallet.
"Service Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes between GPL and Customers arising solely from the alleged failure by GPL to meet its obligations under the Agreement or any applicable law and any associated error in the provision of the Service.
"Subsidiaries and Affiliates" means subsidiaries and affiliated legal entities of GPL around the world.
"You" and "Buyer" means a person that applies to, or registers to use, or uses, the Service to make a Funding Transaction to purchase a Product.
"Your email address" means the email address provided by You during sign up.
2. Your relationship with GPL
2.1 Your use of the Service is subject to the Agreement.
2.2 By using the Service You will purchase E-money from GPL which will immediately be used to make payments to Sellers, unless specified otherwise.
3. Accepting the Agreement
3.1 In order to use the Service, You must firstly agree to the Agreement. You may not use the Service if You do not accept the Agreement.
3.2 The Agreement forms a legally binding agreement between You and GPL in relation to Your use of the Service and it is important that You take the time to read it carefully. By accepting the Agreement You agree to use the Service in accordance with the requirements of the Agreement.
3.3 You can accept the Agreement by:
(a) Clicking to accept or agree to the Agreement, where this option is made available to You by GPL in the user interface for the Service; or
(b) Actually using the Service. In this case, You understand and agree that GPL will treat Your use of the Service as acceptance of the Agreement from that point onwards.
3.4 You may not use the Service and may not accept the Agreement if:
(a) You are not of legal age to form a binding contract with GPL and operate the Funding Instrument You register for use with the Service; or
(b) You are a person barred from receiving the Service under the laws of the United States or other countries including the country in which You are resident or from which You use the Service.
4. Provision and language of the Agreement
4.1 A copy of the Agreement will be provided to You in printable form during the sign up process. A copy of the Agreement, as amended from time to time, is available to You on GPL Web Site.
4.2 After sign up You may request to be provided with the Agreement, and a link to the Agreement will be sent to Your email address.
4.3 The Agreement will be provided to You in English.
4.4 Where GPL has provided You with a translation of the English language version of the Agreement, You agree that the translation is provided for Your convenience only and that the English language versions of the Agreement will govern Your relationship with GPL.
4.5 If there is any contradiction between the English language version of the Agreement and a translation, the English language version takes precedence.
5. Registration for the Service
5.1 To use the Service, You must complete all required information elements on the Service registration web pages.
5.2 You must register a valid Funding Instrument which will be used to fund the purchase of E-money through the Service.
5.3 The Funding Instrument must be associated with a billing address in a country where the Service is made available.
5.4 You must provide current, complete and accurate information and maintain it as current and accurate during Your use of the Service. GPL may require You to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit You to continue to use the Service. You agree to provide such information as GPL may require in this regard, including information necessary to validate Your identity or confirm the authenticity of any Funding Instrument which You register for use with the Service.
6. Provision of the Service by GPL
6.1 Sometimes Subsidiaries and Affiliates will provide all or part of the Service to You on behalf of GPL. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to You.
6.2 GPL is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which GPL provides may change from time to time without prior notice to You. However, where a change to the Service constitutes a modification to the Agreement, You will be given notice by an email sent to Your email address.
6.3 You acknowledge and agree that GPL may stop providing the Service to You as provided in the Agreement. You may stop using the Service at any time. You do not need to inform GPL when You stop using the service.
6.4 You acknowledge and agree that GPL may establish general practices and limits concerning the use of the Service without prior notice to You, including without limitation individual or aggregate transaction limits on the value or number of Funding Transactions during any specified time period(s).
6.5 GPL may refuse to execute any Funding Transaction, Payment Order, or other use of the Service if GPL has reasonable grounds to suspect fraud, a breach of the applicable Agreement by You or the Seller, or a violation of law. Transactions may also be delayed due to GPL's compliance with its obligations under applicable anti-money laundering legislation, including if GPL suspects the transaction involves fraud. In the event that GPL refuses to execute a Funding Transaction or Payment Order, You will be notified, unless it is unlawful for GPL to do so, or would compromise reasonable security measures.
6.6 You acknowledge and agree that if GPL disables access to Your Account by stopping the use of Your Login Details, You may be prevented from accessing the Service, Your Account Details or any files or other content which is contained in Your Account.
7. Use of the Service by You
7.1 You agree to use the Service only as permitted by:
(a) The Agreement;
(b) Policies and limits for the Service, as published and updated by GPL and its affiliates from time to time; and
(c) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
7.2 Without prejudice to the above, You agree and acknowledge that the reporting and payment of any applicable taxes arising from Your use of the Service is Your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Funding Transactions.
7.3 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by GPL, unless You have been specifically allowed to do so in a separate agreement with GPL. You acknowledge that this restriction will apply to use of the Service by any automated means.
7.4 You agree that You will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
7.5 Unless You have been specifically permitted to do so in a separate agreement with GPL, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
7.6 You agree that You are solely responsible for (and that GPL has no responsibility to You or to any third party for) any breach of Your obligations under the Agreement and for the consequences (including any loss or damage which GPL may suffer) of any such breach.
8. Your Login Details and Account security
8.1 You agree to use any Login Details associated with Your Account only in accordance with the terms and conditions set out in this Agreement governing their use.
8.2 You agree and understand that You are responsible for maintaining the confidentiality of Login Details associated with Your Account and taking all reasonable steps to keep this information confidential.
8.3 If You are using the Service in a business capacity, You agree that all officers, employees, agents, representatives and others having access to Your Login Details will be properly authorised to do so, and will have the authority to legally bind the business, partnership or other legal entity concerned.
8.4 Your liability for usage of the Service is set out in clause 16 below.
8.5 You agree to notify GPL without undue delay through "Contact us" on the Buyer Help Centre on becoming aware of the loss, theft, misappropriation or unauthorised use of Your Login Details. You also agree to notify GPL without undue delay and in the same manner of any other breach of security regarding the Service of which You have knowledge.
8.6 If You believe that Your Account has been opened or used in an unauthorised manner, please see our how to report abuse section. Also, please see our Frequently Asked Questions for more information on how GPL protects You from fraud.
8.7 You agree to notify GPL through "Contact us" on the Buyer Help Centre without undue delay, and in any case no later than thirteen (13) months after the debit date (which will be the same date that the funds have been taken from Your Funding Instrument), on becoming aware of any unauthorised or incorrectly processed Funding Transactions.
8.8 GPL may suspend the use of Your Login Details or Account where it suspects that their security may have been compromised, or that unauthorised or fraudulent use has taken place.
8.9 GPL will inform You in advance or, if that is not possible, immediately after of the suspension of the use of Your Login Details or Account, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. GPL will reactivate Your Login Details or Account, or provide you with new active Login Details or Account, as soon as practicable after the reasons for the suspension cease to exist.
9. Privacy and Your personal information
9.2 You agree to the use of Your data in accordance with GPL's privacy policies.
9.3 Buyer Identity Verification; Anti-Money Laundering Requirements.
(a) Buyer acknowledges that GPL is offering and continues to offer the Services to Buyer on the condition that Buyer satisfies all due diligence and identity checks GPL may conduct, and that Buyer complies with GPL, card association, and regulatory anti-money laundering requirements. Identity checks may include credit checks, anti-money laundering checks required by relevant legislation, checks required by card associations, and checks to meet relevant regulatory requirements. Buyer will provide all assistance requested by GPL in carrying out such checks and determining compliance with anti-money laundering requirements, including the provision of such additional registration or identity verification information as GPL may require.
(b) Buyer consents to GPL sharing with and obtaining from third parties, both inside and outside the European Economic Area and to the extent permitted by law, information held about Buyer, including personal data as defined under relevant data protection legislation, for the purpose of GPL conducting applicable due diligence and identity checks, and Buyer agrees that such third parties may retain the information shared in this way.
(c) Non-satisfaction of the conditions in this clause 9.3, including that Buyer provide information requested by GPL to conduct identity verification, or determine compliance with anti-money laundering requirements, may result in immediate suspension of Buyer's use of the Service and also termination of this Agreement.
10. Funding Instrument
10.1 You agree that Your Funding Instrument details will be used by GPL to:
(a) Debit or charge You for the Purchase Amount, including all related fees, taxes, or shipping charges, as applicable;
(b) Process all payments which are required to charge You for any other fees or charges arising from Your use of the Service.
10.2 You authorise GPL to confirm that Your Funding Instrument is in good standing with the issuing financial institution or Carrier, including but not limited to, by submitting a request for a payment authorisation and/or a low value credit and/or debit amount to the Funding Instrument in accordance with the relevant card association rules.
10.3 You authorise GPL to obtain a credit report and/or to otherwise make credit or other background inquiries from time to time as GPL may deem appropriate to evaluate Your registration for, or continued use of, the Service.
11. E-money Payment Processing; Carrier Billing; Subscriptions/Recurring Transactions Purchases
11.1 GPL agrees to provide the Service to You in order to facilitate Funding Transactions.
11.2 You must give consent to the execution of a Funding Transaction for it to be authorised. You agree that by using the Service to purchase a Product from a Seller You are providing consent for the Funding Transaction to be processed and agree that once consent has been provided by You, the authorised Funding Transaction can no longer be revoked. You also agree that Sellers may refuse to process any order for a Product for any reason, and that until the Seller has submitted the Payment Order to GPL in accordance with clause 11.4 GPL is under no obligation to execute a Funding Transaction.
11.3 By using the Service GPL will store information which You provide, such as Funding Instrument details and shipping information, and will process Funding and Refund Transactions through the appropriate credit card or debit card network.
11.4 Once You authorise the execution of a Funding Transaction, the Seller may submit the Payment Order to GPL, in accordance with GPL policies. On receipt of the Payment Order from the Seller, GPL will initiate transfer of the Purchase Amount from Your Funding Instrument to GPL. GPL will then issue You with an amount of E-money equal to the Purchase Amount at the latest when GPL receives valid corresponding funds from Your Funding Instrument, after which GPL will immediately transfer the issued amount to the Seller. GPL will not be responsible for, and does not control, when GPL receives the funds from Your Funding Instrument. You will be notified, through information in Your Account transaction history, when the Seller has submitted the Payment Order to GPL.
11.5 Funding Transactions may be rejected or delayed as provided in Clause 6.5.
11.6 You hereby expressly authorise GPL to (or to procure a third party to):
(a) Charge or debit Your Funding Instrument as necessary to purchase E-money to complete the processing of a Funding Transaction;
(b) Credit to Your Funding Instrument such amounts as may be necessary to effect any reversal of a Funding Transaction, refunds, or adjustment to the Purchase Amount, through the Service.
11.7 You acknowledge and agree that:
(a) Seller's sales of Products are transactions between Seller and You and not with GPL, Google or any of its affiliates, unless GPL, Google, or any of its affiliates is expressly designated as a Seller or Buyer in the transaction; and
(b) Neither GPL, Google, nor any of its affiliates is a Buyer, a Seller or a party in connection with any Funding Transaction, unless expressly designated as such in the listing of the Product on a Google website or its terms of service.
11.8 E-money, and therefore the Service, is not subject to the Financial Services Compensation Scheme nor any public or private insurance scheme.
11.9 Carrier Billing. Certain Sellers that accept Google Wallet may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through Google Wallet:
(a) To register your Carrier Billing Account as a payment option, Google Wallet requires your mobile telephone number, and the name and billing address, including zip code, of the Carrier Billing Account associated with that number. You consent to your Carrier providing this information to Google Wallet, and you will review the information during signup for Carrier Billing, and correct any inaccuracies. This information will be used by Google Wallet for the purpose of establishing your Carrier Billing Account as a Funding Instrument in your Google Wallet Account, and for operating the Service. You also agree that GPL and your Carrier may share information with each other regarding your Carrier Billing activity in order to charge or credit your Carrier Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Funding Transactions, resolve disputes, provide customer support, and for other Carrier Billing-related purposes.
(b) When you choose to pay for a transaction with Carrier Billing, you authorise the Seller and GPL to submit charges and credits to your Carrier, and your Carrier to make such charges and credits to your Carrier Billing Account, as necessary, to complete the Funding Transaction, or to complete the reversal, refund, or adjustment of that Funding Transaction.
(c) You can use Carrier Billing to purchase applications (e.g. downloadable or networked applications, wallpapers, ring-tones, games, and productivity tools) ("Apps") for and with your compatible device from certain merchants on Google Play. These Apps are not sold by your Carrier, Google, GPL, or Google Play. You can identify the Seller of the App at the point of purchase.
(d) Purchases made through Carrier Billing are also subject to the terms & conditions of your Carrier Billing Account. You are responsible for any charges and related fees that may be imposed under your Carrier Billing Account terms & conditions as a result of your use of Carrier Billing.
(e) You may contact your Carrier's customer service if you have a question about the charges or fees billed to your Carrier Billing Account. If you have a question regarding Google Wallet related matters, you may contact Google Wallet customer service. You should direct support questions regarding products, such as Google Play Apps, purchased through Carrier Billing to the Seller from whom you purchased the App.
(f) None of Carrier, Google , GPL, or Google Play is responsible for any product (including an App) purchased with Carrier Billing, including download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product or App, alterations any App may make to the functionality of your device, including any changes that may affect your Carrier's plan, service, or billing, or any content or website you may be able to access through the App.
11.10 Subscriptions/Recurring Transactions Purchases
(a) Your subscription will start when you click "Accept & buy" on a subscription purchase. This is a recurring billing transaction. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you.
(b) By clicking ‘Accept & buy,' you authorize the applicable Seller to bill your chosen Funding Instrument during the subscription at the Purchase Amount. The Purchase Amount will continue to be charged to your payment instrument, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The billing rate is subject to change by the Seller during the subscription period.
(c) Your Funding Instrument will be billed each period based on the date of the subscription purchase.
(d) You may cancel a subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
(e) We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
12. Google Play Gift Cards
12.1 Eligibility and Redemption
Google Play Gift Cards ("Gift Cards") are valid only for users who are 13 years of age or older, and who are residents of the UK. Gift cards are issued and sold to you by GPL. To redeem a Google Play Gift Card, you will need access to the internet, and you will need to create a Google Wallet account. For users between 13-17 years of age, your Wallet enrollment is limited solely to redemption of Gift Cards on Google Play. Google Play Gift Cards must be redeemed toward the purchase of eligible products on https://play.google.com. Purchases are deducted from the Gift Card balance. Any unused Google Play Gift Card balance will be placed in the recipient's Google Play Gift Card account when redeemed. Google may provide Gift Card purchasers with information about the redemption status of Google Play Gift Cards that they purchase. To view Google Play Gift Card balances, visit https://wallet.google.com/
The Gift Card may be used for purchases of eligible items on Google Play only. Limits may apply to redemption and use. Gift cards are not able to be used on purchases of subscriptions, hardware, or items in the "device" section of Google Play. The Gift Card is not redeemable for cash or other cards, is not reloadable or refundable, cannot be combined with other non-Google Play Gift Card balances in your Google Wallet account, and cannot be resold, exchanged or transferred for value, except as required by law. Google Play Gift Cards are exempt from e-money regulation in the UK. If you have insufficient Google Play balances to pay for an item on Google Play, you may use a credit or debit card to purchase additional value so that you may complete your payment for that item. You may also load another gift card to complete your purchase, or may use a different form of payment altogether to purchase the item. Gift Card terms may be subject to change in our sole discretion subject to applicable law. Once a Gift Card is purchased, the risk of loss and title for the Gift Card passes to the purchaser. GPL disclaims all express or implied warranties as to the Google Play card and Google Play. To view the most recent Google Play Gift Card terms online, visit https://play.google.com/
12.3 No Fees or Expiration
No fees or expiration dates apply to this Gift Card. Any refunded amounts, if applicable, will be credited back to your Google Play Gift Card balance for future use under the same terms, unless otherwise required by law.
Google is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Google will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on Google.com.
12.5 Online Assistance and Customer Care
To view your Google Play Gift Card balance, visit https://support.google.
13. Permissible Funding Transactions
13.1 You may only use the Service to process a Funding Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Service may not be used to process a Funding Transaction, or otherwise transfer any E-money or monetary value to a Seller that is unrelated to a purchase of a Product.
13.2 The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travellers cheques, prepaid cards, money orders etc.). You may not use the Service to:
(a) Process Funding Transactions in connection with the sale or exchange of any goods or services which are illegal to sell or purchase in the country in which You are resident or accessing the Service from;
(b) Process Funding Transactions in connection with the sale or exchange of any goods or services which are illegal to sell or purchase in the country in which the Seller is resident or uses the Service from; or
(c) Use the Service in connection with any other underlying illegal transaction.
13.3 You agree that You will not use the Service to process Funding Transactions for any Products that violate the Agreement, other policies or rules applicable to the Service (as they may be updated from time to time) or applicable law. The current policy that establishes the Products and other transactions that may not be paid for with the Service is provided here. Failure to comply with these limitations may result in suspension or termination of Your use of the Service.
14. Service Fees; Foreign Exchange; Interest
14.1 GPL will not charge You a fee to use the Service. However, other taxes or costs imposed by third parties may apply to Your use of the Service. For example, You agree and understand that the financial institution or Carrier that issues Your Funding Instrument may charge You a fee in connection with the debiting or charging of the Funding Instrument resulting from the Funding Transaction. You should consult the terms and conditions governing Your Funding Instrument for more information about any such fees.
14.2 GPL will not perform any foreign currency exchange as part of the Service.
14.3 GPL will not charge you any interest in Your use of the Service.
15.1 GPL will provide various tools to assist You in communicating with Sellers to resolve a dispute that may arise with respect to a transaction processed through the Service. If You are unable to resolve a dispute, GPL can mediate a dispute between You and a Seller, if either party requests assistance. If this occurs, GPL will review the dispute and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions.
15.2 GPL may offer a feedback or other ranking system on the Service to assist You in evaluating Your experiences of using the Service. You acknowledge that any such feedback or ranking system represents solely the opinion of other users of the Service, and is not an opinion, representation, or warranty by GPL with respect to other users of the Service.
15.3 Any claim or dispute arising under the Agreement or as a result of the provision of the Service by GPL should in the first instance be referred to GPL's customer service through "Contact us" in the Buyer Help Centre. More information on the internal complaint handling procedures can be found here. You may refer any complaints not resolved to Your satisfaction to the Financial Ombudsman Service. You may obtain more information on the Financial Ombudsman at https://www.financial-
16. Refunds and redemption
16.1 As You will be purchasing E-money through the Service and spending it immediately in the purchase of Products, You will not be able to redeem this E-money. In the event of a Refund Transaction from a Seller or from GPL, the E-money will be redeemed and the funds credited back to Your Funding Instrument.
16.2 If after termination of the Agreement there is an amount of E-money outstanding on Your Account, and subject to the successful completion of applicable anti-money laundering, fraud and other illegal activity checks, GPL will without delay redeem the full amount of the outstanding E-money and initiate transfer of the amount to Your Payment Instrument following the termination.
16.3 If the outstanding amount of E-money cannot be redeemed in accordance with clause 16.2, You have six (6) years following termination of the Agreement to request the redemption of the outstanding amount in full, after which time any E-money left in Your Account becomes the property of GPL. For the purposes of this clause 16.3, the Agreement terminates when You are no longer able to use Your E-money for the purpose of making Funding Transactions. Any redemption made pursuant to this clause 16.3 is subject to the successful completion of applicable anti-money laundering, fraud and other illegal activity checks and You agree to provide the information requested by GPL in order for GPL to complete these checks.
16.4 Nothing in clause 16.3 limits GPL's right to terminate the Agreement pursuant to clause 19.4 and/or redeem pursuant to clause 16.2.
17. Your liability
17.1 In the event of an unauthorised Funding Transaction, You are only entitled to redress under clause 17.2 below if You notify GPL of the unauthorised Funding Transaction without undue delay, and in any case no later than thirteen (13) months after the debit date (which will be the same date that the funds have been taken from Your Funding Instrument). However, this time limit does not apply if GPL did not provide or make available the relevant transaction information to You as required by law (for example, in Your online Account transaction history).
17.2 Where You are entitled to redress, GPL will immediately refund the amount of any unauthorised Funding Transaction and, where applicable, restore Your Account to the state it would have been in had the unauthorised Funding Transaction not taken place. In practice this means that E-money equivalent to the value of the Funding Transaction will be credited to Your Account, redeemed and immediately credited back to Your Funding Instrument.
17.3 GPL will, on Your request, make immediate efforts to trace the Funding Transaction and notify You of the outcome.
17.4 If You have acted fraudulently or have with intent or gross negligence failed to comply with the aspects of the Agreement relating to Your Account, You will be liable for all losses incurred in respect of unauthorised transactions.
18. No Endorsement of Products
18.1 GPL does not represent or endorse, and will not be responsible for:
(a) The safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any Content displayed or distributed, purchased or paid through the Service; or
(b) Your ability to buy Products or the ability of Sellers to deliver Products to You.
18.2 GPL reserves the right, but will have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPL's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of the Agreement.
19. Ending Your relationship with GPL
19.1 The Agreement will continue to apply until terminated by either You or GPL as set out below.
19.2 If You want to terminate Your legal agreement with GPL, You may do so immediately and without charge at any time by:
(a) Notifying GPL in accordance with clause 23.5 below; and
(b) Closing Your Accounts for the Service.
19.3 GPL may at any time terminate its legal agreement with You without notice if:
(a) You have breached any material provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the material provisions of the Agreement); or
(b) GPL is required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful).
19.4 Unless a shorter period is provided in this Agreement, as permitted by law, GPL may at any time terminate the Agreement by giving You two (2) months' notice.
19.5 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and GPL have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of clause 24.6 will continue to apply to such rights, obligations and liabilities indefinitely.
20. Exclusion of Warranties
20.1 GPL, its Subsidiaries and Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the Service.
20.2 In particular, GPL, its Subsidiaries and Affiliates (and their licensors) do not represent or warrant to You that:
(a) Your use of the Service will meet Your requirements;
(b) Your use of the Service will be uninterrupted, timely, secure or free from error; and
(c) Any information obtained by You as a result of Your use of the Service will be accurate or reliable.
20.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Agreement.
20.4 Nothing in the Agreement will affect those statutory rights which You are always entitled to as a consumer and that You cannot contractually agree to alter or waive.
21. Limitation of Liability
21.1 Nothing in the Agreement will exclude or limit GPL's liability for losses which may not be lawfully excluded or limited by applicable law.
21.2 Subject to clause 21.1 above, GPL, its Subsidiaries and Affiliates (and its licensors) will not be liable to You for:
(a) Any indirect or consequential losses which may be incurred by You. This will include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by You;
(b) Any loss or damage which may be incurred by You as a result of:
(i) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Service;
(ii) Any change which GPL may make to the Service, or any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(iii) Malfunction of the Service;
(iv) The deletion of, corruption of, or failure to store any communications data maintained or transmitted by or through Your use of the Service;
(v) Your failure to provide GPL with accurate account information; and
(vi) Any fraudulent use of the Service by You.
21.3 However, GPL will reimburse You for any charges or interest which You incur as a consequence of the non-execution or incorrect execution by GPL of a Funding Transaction.
22. Changes to the Agreement
22.1 You agree that GPL may make changes to the Agreement from time to time. When these changes are made, GPL will, except where a shorter period is provided in this Agreement, as permitted by law, give You two (2) months' notice of such changes by email sent to Your email address before their proposed date of entry into force.
22.2 You understand and agree that You will be deemed to have accepted the changes unless You notify GPL to the contrary by notice as provided in clause 23.5 prior to the date on which the changes are to come into effect, in which case the Agreement will terminate without charge immediately before the effective date of the changes. You also have the right to terminate the Agreement immediately and without charge at any time before the effective date of the changes.
22.3 Nothing in this clause 22 will limit:
(a) GPL's right to update and revise its policies from time to time or to add new features from time to time without prior notice, which may be accepted by You by using the new feature. Such revisions may take place using a method chosen at GPL's discretion and such method may include email communication, or publication on a Google website; and
(b) The parties' right to vary the terms of this clause 22 where the variation is not prohibited by law and both parties agree to it.
23. Communications and Notices
23.1 All information will be made available or provided to You in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English.
23.2 Statements, notices and other communications to You may be made by mail, email, postings on GPL Web Site or other reasonable means.
23.3 GPL may communicate with You regarding the Service by means of electronic communications, including (a) sending email to Your email address, or (b) posting notices or communications on GPL Web Site. You agree that GPL may send electronic communications to You in relation to any matter relating to Your use of the Service including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the Service and payment authorisations. Particular communications will be handled as follows:
- The Agreement will be provided to You at the signup in a printable form;
- Changes to this Agreement after the signup will be provided in an email sent to Your email address;
- Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided in an email sent to Your email address;
- Information about Funding and Refund Transactions will be made available in Your online Account transaction history;
- Information about a suspension of the Service will be made available in Your online Account transaction history; and
- Information about the rejection of Funding and Refund Transactions will be made available in Your online Account transaction history.
23.4 You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy, and information that is provided to You in an electronic format is provided under the assumption that You will be able to print or save such information.
23.5 Any notice sent to GPL under the Agreement should be sent by registered post to GPL Payment Limited, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ United Kingdom, and marked for the attention of "GPL Wallet Team", except that:
- Notification of loss, theft, unauthorised use, or security breach should be sent as soon as possible through "Contact us" in the Buyer Help Centre.
- Notification of termination of this agreement should be sent through "Contact us" in the Buyer Help Centre.
- Notification under clause 22.2 should be sent through "Contact us" in the Buyer Help Centre.
23.6 You will be able to view Your transactions free of charge in Your online Account transaction history, which is updated regularly, and You agree not to receive paper statements. Upon Your request we may at our discretion provide you with additional statements, paper or otherwise, of the transactions but in this case we may charge you a reasonable administration fee.
24. General legal terms
24.1 The headings to the clauses of this Agreement are for ease of reference only and will not affect the interpretation or construction of the Agreement.
24.2 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
24.3 Unless otherwise expressly stated in the Agreement, all amounts stated in the Agreement are denominated in Pounds Sterling.
24.4 The Agreement constitutes the whole legal agreement between You and GPL and governs Your use of the Service (but excludes any services which GPL may provide to You under a separate written agreement), and completely replaces any prior agreements between You and GPL in relation to the Service.
24.5 You agree that if GPL does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which GPL has the benefit of under any applicable law), this will not be taken to be a formal waiver of GPL's rights and that those rights or remedies will still be available to GPL.
24.6 If any court of law, having the jurisdiction to decide on a matter relating to the Agreement, rules that any provision of the Agreement is invalid then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
24.7 You may not assign the benefit of the Agreement, or otherwise subcontract or transfer any of Your rights or obligations under the Agreement, without the prior written approval of GPL. GPL may assign the benefit, or otherwise subcontract or transfer its rights and obligations under the Agreement, to any third party without notice to You and without Your consent.
24.8 You acknowledge and agree that each member of the group of companies of which GPL is the parent will be a third party beneficiary to the Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favour of) them. Other than this, no other person or company will be a third party beneficiary to the Agreement.
24.9 The Agreement, and Your relationship with GPL under the Agreement, will be governed by English law. You and GPL agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Agreement. Notwithstanding this clause 24.9, You agree that GPL will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.