For the avoidance of doubt, GPL provides the Service (as described in the Terms of Service below) to Buyer for Buyer's purchases on Google Marketplaces and charitable donations to Sellers that are non-profit organizations.
A list of Google Marketplaces supported by the service can be found here.
Google may update the marketplaces as needed, but all transactions processed through marketplaces are processed in accordance with the Terms of Service below.
For more information on whether a particular product is a marketplace or not, please refer to the product's terms of service.
Terms of Use
March 28, 2018
These Buyer Terms of Service ("Agreement") constitute a legally binding contract between Google Payments Ltd.,
a company incorporated in England with company registration number 05903713 and having its registered office at 5 New Street Square, London EC4A 3TW, United Kingdom ("GPL") and you ("Purchaser").
You can contact GPL via email for help at https://support.google.com/payments.
GPL is authorized and regulated by the UK Financial Conduct Authority (“FCA”) as an electronic money institution number 900008.
GPL is a subsidiary of Google International, LLC ("Google").
These Terms of Service govern your access to and use of Google Payments.
The services described below are provided by GPL.
Please read this agreement carefully before accepting it and proceeding with the registration.
Payment methods stored in your Google Payments account may be presented to you under the Google Pay brand but remain governed by this Agreement when used in connection with the Services described below.
By agreeing to this Agreement, you represent that you are at least 18 years of age and have the legal capacity to enter into a legally binding contract.
Print or save the agreement for your records before proceeding.
You can accept this agreement as described in clause 3.
The Agreement is effective from the date of your acceptance ("Effective Date").
1. The definition
The following definitions apply to the terms used in this Agreement:
"Account" means the e-money account that GPL maintains for you.
“Agreement” means these Buyer Terms of Use.
"AISP" stands for "Account Information Service Provider" and means a payment service provider (non-GPL) that offers an account information service.
This Service is an online service that may provide you with consolidated information about one or more of your payment accounts, including your e-money account (your "Account").
"Business Day" means a day which is not a Saturday, Sunday or UK public holiday.
"Carrier Billing" is the process by which GPL sends a payment transaction to the carrier to be processed through the purchaser's carrier billing account.
"Cellular Provider" means a GPL-approved wireless carrier that offers a wireless carrier billing account.
“Carrier Billing Account” means the account for periodic – e.g. B. Monthly billing that the wireless service provider you register for the Service maintains for you and provides funds for certain financial transactions.
"Content" means advice, opinions, offers, suggestions, statements, data and other information displayed, distributed, purchased or paid for through the Service.
"Customer" is the individual or entity who registers as a buyer or seller on the Service.
"Disputes" means any controversy, litigation, settlement and/or other controversy between Customers or third parties arising in connection with use of the Service that is not a "Service Dispute".
"E-Money" means electronic value issued by GPL upon receipt of payment from you.
E-money is managed in GPL's computer system and corresponds to a claim by you against GPL, which you can redeem.
E-money is not a deposit.
"Method of Payment" means a credit or debit card, wireless carrier billing account, or other means of payment that you register to use the Service.
GPL uses this means of payment to provide funds for the issuance of e-money through the Service, used for payment transactions and for other purposes.
"Payment Transaction" means the transaction by which GPL (i) initiates the transfer of a Purchase Amount from your Payment Instrument to GPL, (ii) issues an E-Money amount to you equal to the Purchase Amount, and (iii) the E-Money Amount transfers from you to a seller from whom you purchase a product.
"Google" refers to Google International, LLC and its subsidiaries and affiliates.
"GPL Website" means a GPL or GPL Subsidiary or GPL Affiliate website.
"GPL" and "we" (with its grammatical forms) mean Google Payment Limited.
"Credentials" is the generic term for the username and password combination that GPL assigns to you to access your account.
"Payment Order" means, as the context requires, (i) the Seller's instruction to GPL to carry out a Payment Transaction authorized by you, which also serves as notification to GPL of your authorization to initiate the purchase of an amount of Electronic Money from GPL, equal to the purchase amount of the Payment Transaction, or (ii) the Seller's instruction to GPL to issue a refund.
"Product" means any digital or physical goods and services that you purchase from a Seller through the Service.
"Purchase Amount" means an amount equal to the price of the Product, including all applicable taxes, fees and shipping costs.
"Refund" means a transaction whereby GPL transfers E-Money from the Seller to your Account and then initiates the transfer of a corresponding amount to your Payment Instrument via the Service's refund function.
"Seller" means any person or entity using the Service to sell Products and receive purchase amounts from Payment Transactions.
"Service" means the electronic money payment service provided by GPL.
"Services" means all services offered by GPL under this Agreement, including the Service.
"Service Disputes" means any dispute, complaint, litigation, settlement and/or other dispute between GPL and Customer arising solely in connection with an alleged breach of contract or law by GPL and a related failure in the provision of the Service.
"Subsidiaries and Affiliates" means all companies economically associated with Google worldwide.
"Unregulated Service" means a service provided by GPL that is not an Electronic Money Payment Service as defined in Clause 10.1(c).
"You" (with its grammatical forms) and "Buyer" refer to an individual applying for, registering to use, or already using the Service to purchase a Product through a payment transaction.
"Your email address" is the email address you provided when registering.
2. Your Relationship to GPL
2.1 Your use of the Service is governed by this Agreement.
2.2 Unless otherwise specified, when using the Service you acquire GPL e-money, which is used to make payments to Sellers immediately after acquisition.
2.3 GPL may also provide unregulated Services under this Agreement.
3. Consent to Agreement
3.1 In order to use the Services described in this Agreement, you must first agree to this Agreement.
If you do not agree to the Agreement, you may not use the Services.
3.2 The Agreement constitutes a legal contract between you and GPL in relation to your use of the Services.
Therefore, please read the agreement carefully.
By agreeing, you agree to use the Services in accordance with the terms of the Agreement.
3.3 You can accept the agreement in several ways:
(a) By clicking on the button to accept the agreement, if GPL offers such a button in the user interface.
(b) By using the Services.
If you do so, you knowingly agree that GPL will consider your use of the Services as acceptance of the Agreement from that point forward.
3.4 You may not use the Services or agree to the Agreement if any of the following conditions exist:
(a) You are under the legal age to enter into a legal contract with GPL and to use the payment device you register to use the Services.
(b) You are prohibited from using the Services under the laws of the United States or any other country, including the country in which you reside or use the Services.
4. Delivery and Language of Agreement
4.1 Upon registration, the Agreement will be made available to you in printable form.
Because the Agreement may be amended and amended as necessary, the most recent version of the Agreement can be found on GPL's website.
4.2 Throughout the term of the agreement, you can request the agreement.
In this case, a link to the agreement will be sent to your email address free of charge.
4.3 The Agreement is provided to you in German and is also available in English.
4.4 In the event of contradictions between the German and the English version of the agreement, the German language version shall prevail.
5. Registration for the Service
5.1 In order to use the Services, you must provide all required information on the Google Payments sign-up webpages.
5.2 You must register a valid means of payment that can be used to purchase e-money through the Service.
5.3 The payment method must be linked to a billing address in a country where the service is available.
5.4 You must provide current, complete and accurate information and keep such information current and accurate while using the Services.
GPL may ask you to provide additional information as a condition for you to continue using the Services or to begin using a new Service, or to determine whether you are permitted to continue using the Services.
You agree to provide such information as required by GPL in this regard, including such information as may be necessary to verify your identity or to authenticate any means of payment you register for use with GPL.
6. Service Provided by GPL
6.1 In some cases, the Services are provided in whole or in part by subsidiaries and affiliates acting on behalf of GPL.
You acknowledge and accept that subsidiaries and affiliates are authorized to provide the Services to you.
6.2 GPL is constantly introducing innovations in order to provide its users with the best possible offer.
You acknowledge and accept that GPL may, from time to time, make a new service available to you without prior notice.
We will make the revised Agreement required by the launch of a new Service available to you by email or through a link to the updated Agreement during signup.
You may accept the revised Agreement as described in Clause 3.
6.3 You acknowledge and accept that GPL may stop providing the Services to you as described in this Agreement.
You may stop using the Services at any time.
You do not have to notify GPL if you stop using the Services.
6.4 You acknowledge and accept that GPL may, without prior notice, introduce general procedures and restrictions in relation to the use of the Services, in particular individual or aggregate transaction restrictions in relation to the value or number of Payment Transactions during one or more periods.
6.5 GPL may refuse to execute any Payment Transaction, Payment Order or any other use of the Services if GPL has reasonable grounds to believe that fraud or a breach by you or the Seller of any applicable agreement or law is involved.
Transactions may also be delayed due to GPL having to fulfill its obligations under applicable anti-money laundering laws.
Delays can also occur if GPL suspects that the transaction in question is fraudulent.
If GPL refuses to execute a Payment Transaction, a Payment Order or any other use of the Services, you will be notified, provided that such notification would not be unlawful for GPL or would jeopardize reasonable security measures.
6.6 You understand and agree that if GPL disables access to your account, disabling your login credentials may prevent you from accessing the Service, your account details, or any files or other content in your account.
7. Your Use of the Service
7.1 You agree to use the Services only as follows:
(a) In accordance with the Agreement
(b) In accordance with policies and restrictions for the Services as may be published and updated by GPL or an affiliate from time to time
(c) In accordance with any applicable law, regulation or other generally accepted practice or guidance in relevant jurisdictions, including any laws relating to the export of data or software to or from the US or other relevant countries
7.2 Notwithstanding the above terms, you acknowledge and agree that you are responsible for reporting and paying any taxes arising out of your use of the Services.
You hereby agree to comply with all applicable tax laws, including the registration and payment of any taxes associated with Payment Transactions.
7.3 You agree not to access or attempt to access the Services by any means other than the user interface provided by GPL, unless expressly permitted by GPL in a separate agreement.
You acknowledge that this limitation applies to any automated use of the Services.
This does not affect your right to use AISP services.
7.4 You agree not to engage in any activity that will impair or disrupt the Services or the servers and networks linked to the Services.
7.5 You agree not to reproduce, duplicate, copy, sell, barter or resell the Services for any purpose unless you have been given permission to do so by a separate agreement with GPL.
7.6 You agree that you shall be solely responsible for any breach of your obligations under this Agreement and for any consequences of such breach, including any loss or damage suffered by GPL, and that GPL shall have no liability whatsoever to you or any third party in relation thereto is.
8. Login Information and Account Security
8.1 You agree to use the login credentials associated with your account only in accordance with the terms of use in this Agreement.
8.2 You acknowledge and accept that you are responsible for maintaining the confidentiality of your account login information and for taking all reasonable steps to maintain the confidentiality of such information.
8.3 If you are using the Services in the course of a commercial activity, you agree that any employee, agent, agent or other person to whom you provide access to your Login Information in order to be properly authorized and authorized to carry out legal acts on behalf of your company, your partnership or another legal entity.
8.4 Your liability for use of the Service is set out in clause 17 below.
8.5 You must notify GPL immediately via the Google Account Sign-in Problems Buyer Help page if you become aware that your sign-in information has been lost, stolen or misused.
You must also notify GPL through the Report Unauthorized Charges Buyer Help page if you become aware of any unauthorized use of your login credentials or account.
You agree to notify GPL promptly and in the same manner of any security breach related to the Service of which you become aware.
8.6 If you believe that your account has been accessed or used in an unauthorized manner, please see the Report Abuse section.
For more information on how GPL protects you from fraud, see Frequently Asked Questions.
8.7 In order to obtain a refund for any unauthorized or incorrectly processed Payment Transactions, you must notify GPL through Buyer Assistance without undue delay and no later than thirteen (13) months after the Charge Date if you become aware of any unauthorized or incorrectly processed Payment Transactions (see also clause 17).
The debit date is the date on which your payment method was debited with the corresponding amount.
8.8 GPL has the right to suspend the use of your login details and account if a security breach is suspected or if unauthorized or fraudulent activity is detected.
8.9 GPL will notify you of the suspension prior to or, if that is not practicable, immediately after suspending your Login Credentials or Account and the reasons for such suspension, unless providing such information would compromise or otherwise contravene appropriate security measures violate applicable laws.
Once the reasons for the suspension no longer exist, GPL will reactivate your login or account or provide you with a new active login or account as soon as possible.
9. Privacy and Your Personal Data
9.1 Google's privacy policy explains how we handle personal information when you use Google products and services.
In addition, GPL's privacy notice at https://payments.google.com/files/privacy.html describes how GPL handles your personal information and protects your privacy when you use the Services.
You can request a PDF version of the GPL Privacy Notice from Help: https://support.google.com/payments.
9.2 You agree that your data will be used in accordance with the privacy policy and notices set out in clause 9.1.
9.3 Buyer Identity Verification, Anti-Money Laundering Provisions
(a) Buyer acknowledges that GPL is and will continue to offer the Services to Buyer conditioned upon Buyer's satisfactory completion of all GPL due diligence and identity checks and in violation of GPL's and credit card company's terms and conditions, as well as any anti-fighting provisions of money laundering.
Identity checks may include credit reports, money laundering checks required by law, credit card company-required checks, and other required checks.
To the extent required by GPL, Buyer will cooperate in conducting these checks as well as in verifying anti-money laundering compliance.
This includes providing additional login or identity verification information to the extent required by the GPL.
(b) Buyer agrees that GPL may disclose and obtain information about Buyer from third parties inside and outside the European Economic Area for purposes of due diligence and identity verification, to the extent permitted by law.
This also includes personal data as defined in the relevant data protection legislation.
In addition, the buyer grants these third parties the right to store the data obtained in such a way.
(c) Breach of any of the terms contained in this Clause 9.3, including but not limited to providing information required by GPL for identity verification or anti-money laundering compliance checks, may result in immediate suspension of Buyer's use of the Services and also result in the termination of this Agreement.
10. Means of payment
10.1 You agree that GPL may use your payment method details for the following purposes:
(a) Charge your payment method with an amount equal to the purchase amount including any fees, taxes or shipping costs (if applicable).
(b) Process all payments necessary to bill you for any other fees arising out of your use of the Service
(c) at your request, to pass on the means of payment to a third party so that that third party can charge you for goods delivered or services rendered.
This is an unregulated service provided to you by GPL.
In such cases, after providing the payment method details to the third party, GPL is no longer involved in your transaction with the third party.
This transaction is not a payment transaction.
For issues related to third-party transactions, particularly those related to refunds and disputes, you must contact the third-party provider or your payment method provider (e.g., your credit or debit card provider) directly.
10.2 You authorize GPL to verify with the issuing financial institution or wireless service provider that your payment instrument has sufficient funds and is under your control.
This may be done, for example, by requesting a payment authorization and/or crediting and/or debiting a low amount to/from the means of payment in accordance with the rules of the relevant credit card association.
10.3 You authorize GPL to obtain a bank reference and/or otherwise make inquiries about creditworthiness or other background information as GPL deems appropriate to verify your registration for, or continued use of, the Services.
11. E-money payment processing, carrier billing, subscriptions/recurring transactional purchases
11.1 GPL agrees to make the Payment Enablement Service available to you.
11.2 You must authorize the execution of payment transactions by confirming them.
You agree that by using the Service to purchase Products from a Seller, you consent to the completion of the payment transaction.
Furthermore, you accept that the authorized payment transaction can no longer be revoked after your approval.
You also accept that Sellers may refuse to process an order for a Product for any reason and that GPL is under no obligation to complete any payment transaction unless the Seller has sent a payment order to GPL in accordance with Clause 11.4.
11.3 GPL stores information provided by you as a result of your use of the Service, such as payment method details and shipping information, and processes payment transactions and refunds via the relevant credit and debit card network, mobile operator's network or bank's network.
11.4 After you have authorized a payment transaction to be carried out, the seller may, in accordance with the GPL guidelines, submit the payment order to the GPL.
After receiving the payment order from the seller, GPL initiates the transfer of the purchase amount from your payment method to GPL.
GPL will issue you an amount of e-money equal to the purchase amount at the latest when GPL receives a corresponding valid amount from your means of payment.
GPL then immediately sends the instructed amount to the seller.
GPL is not responsible for and has no control over the timing of GPL receiving funds from your Payment Instrument.
You will be informed in the transaction history of your account as soon as the seller has submitted the payment order to GPL.
11.5 Payment transactions may be refused or delayed as explained in clause 6.5.
11.6 You hereby expressly authorize GPL or a third party selected by GPL to:
(a) To debit your means of payment to purchase e-money as necessary to complete the processing of a payment transaction
(b) To credit your Payment Instrument for any amounts resulting from the cancellation of payment transactions, refunds or adjustments to purchase amounts made through the Service
11.7 You understand and accept the following:
(a) The sale of Products by Seller is a transaction between Seller and you, and is not a transaction with GPL, Google or an affiliate, unless GPL, Google or an affiliate specifically appears as the seller or buyer of the transaction called.
(b) Except as expressly provided in the Product Listing on a Google Site or in the Terms of Service, neither GPL nor Google nor any affiliate is a buyer, seller or party to any Payment Transaction.
(c) A Seller and GPL acting on behalf of the Seller may resubmit a payment transaction for a Product purchase to the payment network for single or repeated processing if a previous payment transaction is rejected or returned by the payment network.
11.8 E-Money and therefore the Service are not subject to the Financial Services Compensation Scheme or any public or private insurance scheme.
11.9 Mobile Service Provider Billing.
Certain sellers who accept Google Payments may offer you the option to charge your carrier billing account for purchases.
If you use Google Payments cellular carrier billing, the following additional terms apply:
(a) In order to register your wireless carrier billing account as a payment option, Google Payments requires your mobile phone number and the name and billing address (including zip code) of the wireless carrier billing account with which that number is associated.
You consent to your wireless service provider sending this information to Google Payments.
You can review this information when signing up for wireless service provider billing and correct it if necessary.
This information is used by Google Payments to set up your account for wireless service provider billing as a payment method in your Google Payments account and to provide the service.
You also acknowledge that GPL and your wireless carrier may exchange information regarding your billing activity in order to charge or credit your account for wireless carrier billing and otherwise process payments for purchases, cancellations, refunds, or corrections to payment transactions, Resolve disputes and provide customer service and to facilitate other activities related to wireless carrier billing.
(b) If you elect to use wireless carrier billing when paying for a Transaction, you authorize Seller and GPL to send charges and credits to your wireless carrier, and you authorize your wireless carrier to apply such charges and credits to your account as needed for billing via the mobile network provider in order to carry out the payment process or to cancel, refund or correct this payment process.
Payment of such transactions is due when you commit to purchase.
(c) You may only use carrier billing to purchase applications, such as downloadable applications, network applications, wallpapers, ringtones, games or productivity tools ("Apps"), for and through your Compatible Device from certain retailers on Google Play.
These apps are not sold by your carrier, Google, GPL, or Google Play.
The seller is identified when purchasing the app.
(d) For purchases made using wireless carrier billing, your wireless carrier billing account terms and conditions also apply.
You are responsible for all charges you incur as a result of using Cellular Carrier Billing pursuant to the terms of use of your Cellular Billing Account.
(e) If you have any questions about charges related to your wireless carrier billing account, please contact your wireless carrier's customer service department.
If you have any questions about Google Payments, you can contact Google Payments Customer Service.
Questions about products, such as Android apps, the purchase of which was billed to the mobile operator should be directed to the seller of the app.
(f) Products, including Apps, purchased through billing through the wireless carrier are not responsible for the wireless carrier, Google, GPL or Google Play.
This also applies to errors, interruptions or delays in download or installation, use and transmission, as well as refunds, third-party advertisements in the product or in the app, changes in the way your device works through the app (for example changes affecting the affect your carrier's plan, service, or billing) and any content or websites that you can access through the app.
11.10 Subscription Purchases/Recurring Transactional Purchases:
(a) If the Service offers you the option to pay for subscriptions, your subscription will begin as soon as you click on "Accept & Buy" or a similar button as part of the purchase of a subscription.
This is a recurring billing transaction and your account will be charged automatically at regular intervals.
Unless otherwise noted, your subscription and associated billing authorization are effective until canceled or revoked by you.
(b) By clicking on "Accept & Buy" or a similar button, you authorize the relevant seller to issue a payment order for a payment transaction using your selected payment method for the purchase amount for each specified billing cycle of the subscription.
You also authorize the applicable seller to charge the purchase amount to the alternate form of payment if for any reason the seller is unable to charge your specified form of payment and you have selected an alternate form of payment in your Google Payments account.
Unless otherwise stated in the Terms of Service, your selected form of payment or alternative form of payment (if available) will be billed for the purchase amount on an ongoing basis after the end of each billing cycle until you cancel your subscription.
The purchase amount can be changed by the seller during the subscription period.
(c) Your payment method will be charged the purchase amount for each billing cycle as per the subscription purchase date.
(d) You can cancel a subscription at any time as described here.
However, the termination will only take effect after the end of the current billing period.
You will not receive a refund for the current billing period.
You can use the respective subscription until the current billing period has expired.
(e) We reserve the right to issue refunds or credits at our sole discretion.
By issuing a refund or credit, we do not commit ourselves to issuing the same or a similar refund in the future.
(f) You have the right to a refund of an Authorized Subscription Payment Transaction if: (i) you request the refund within eight (8) weeks of the date the Payment Transaction was debited; (ii) the Purchase Order did not indicate the Purchase Amount at the time You authorized the Payment Transaction; (iii) the purchase amount debited exceeds the amount that you could reasonably have calculated based on your previous spending pattern, this Agreement and the circumstances in this case.
GPL may request additional information from you as is reasonably necessary to investigate the refund request.
A refund or a reason for refusing a refund will be provided within ten (10) business days of the refund request or, if GPL has requested additional information from you, within ten (10) business days of receipt of the information.
12. Not applicable
13. Permitted Payment Transactions
13.1 You may only use the Service to process a payment transaction for Products you acquire through a lawful and good faith (bona fide) purchase from a Seller, or to process donations where the Seller designates its primary Product type as "Charitable" and is confirmed by GPL as a registered and certified non-profit organization.
The Service may not be used to process a payment transaction or otherwise transfer e-money or monetary value to the Seller unrelated to the purchase of a Product.
The Service may also not be used for charitable donations to a seller unless the seller designates their primary product type as "charitable" or is certified by GPL as a registered and certified non-profit organization.
13.2 The Service may not be used to receive cash advances from Sellers or to purchase cash values ​​such as travelers cheques, prepaid cards or money orders.
The Service may not be used to:
(a) Process payment transactions in connection with the sale or exchange of goods or services which are unlawful to sell or buy in the country where you reside or where you are accessing this Service
(b) processing payment transactions in connection with the sale or exchange of goods or services, the sale or purchase of which is unlawful in the country in which the seller is located or from which the seller is accessing the service
(c) Use of the Service in connection with any other underlying transaction that is unlawful
13.3 You agree not to use the Service to process payment transactions related to any Products that violate the Agreement, any policies or rules applicable to the Service, which may be updated from time to time, or any applicable law.
The current policy, which defines the products and other transactions that may not be paid for through the Service, can be found here.
Failure to comply with these restrictions may result in your being denied use of the Service, either temporarily or permanently.
14. Service Fees, Foreign Currency, Interest
14.1 GPL will not charge you for using the Service.
However, you may be subject to taxes or third-party fees for using the Service.
For example, you acknowledge and agree that the financial institution or wireless service provider issuing your Payment Instrument may charge you a fee in connection with debiting your Payment Instrument or crediting your Payment Instrument as a result of the Payment Transaction.
For more information about applicable fees, see the terms of use for your payment method.
14.2 GPL does not perform any currency exchange on the Service.
14.3 GPL will not charge you any interest for using the Service.
15. Disputes and Service Disputes
15.1 GPL provides various means of communicating with Sellers to resolve any dispute that may arise in connection with a Transaction processed through the Service.
If you are unable to resolve a Dispute, GPL may mediate a Dispute between you and a Seller if either party requests appropriate assistance.
In this case, GPL will investigate the dispute and, if necessary, propose a non-binding solution.
You can find more information on this in our frequently asked questions.
15.2 GPL may offer a feedback or other ranking system as part of the Service to assist you in evaluating the Service.
You understand that any such feedback or ranking system reflects only the opinions of other users of the Service and does not constitute an opinion, representation or warranty on the part of GPL with respect to other users of the Service.
15.3 For any dispute or claim - including disputes of service - arising under the Agreement or as a result of GPL's provision of the Service, you should contact GPL's Customer Service through Buyer Assistance in the first instance.
Further information on the internal complaints procedures can be found here.
You can contact the Financial Ombudsman Service in German with complaints that have not been resolved to your satisfaction.
This can be done by post: Financial Ombudsman Service, Exchange Tower, London E14 9SR, United Kingdom; by phone: +44 800 023 4567 or +44 300 123 9123; via the website: http://www.financial-ombudsman.org.uk; and by email: complaint.info@financial-ombudsman.org.uk or in German via: http://www.financial-ombudsman.org.uk/help/german/Ihre_Beschwerde_und_der_Ombudsmann.htm.
If you have a complaint that has not been resolved to your satisfaction and wish to contact the Financial Ombudsman Service, you can also use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/ odr/main/?event=main.adr.show.
15.4 Alternative Dispute Resolution for Consumers
GPL has no obligation, by itself or otherwise, to resolve any Dispute before an alternative dispute resolution body.
An exception is GPL's obligation to resolve service disputes before the Financial Ombudsman Service pursuant to clause 15.3.
16. Refunds and Exchanges
16.1 Because you purchase e-money through the Service and spend it promptly to purchase products, such e-money cannot be redeemed.
For refunds from a seller or GPL, the e-money will be exchanged back and the corresponding amount will be credited to your payment method.
16.2 If there is still e-money in your account after the termination of the Agreement, GPL will exchange the full amount of the e-money back without delay and transfer the amount to the bank account you have specified as soon as mandatory anti-money laundering, fraud and other checks have been carried out illegal activities have been completed.
16.3 If the outstanding E-Money balance cannot be redeemed in accordance with clause 16.2, you will have six (6) years after the termination of the Agreement to request full redemption of the outstanding balance.
After this period, any e-money in your account becomes the property of GPL.
For the purposes of clause 16.3, the Agreement will terminate when you are no longer able to use your E-money to make Payment Transactions, such as when your Account is suspended in accordance with the terms of the Agreement.
If your right to use your E-Money is restored within six (6) years, termination of the Agreement will not occur.
GPL may, at its sole discretion, reinstate your account and any e-money funds associated therewith after the 6 year period has elapsed.
Redemption under this Clause 16.3 is subject to the completion of appropriate anti-money laundering, fraud and other illegal activity checks.
You agree to provide the information requested by GPL in the course of conducting this review.
16.4 Clause 16.3 shall not contain any provision limiting in any way GPL's right to terminate the Agreement under clause 19.4 and/or redeem under clause 16.2.
17. Your liability
17.1 In the event of an unauthorized or incorrectly executed payment transaction, you shall only be entitled to compensation under clause 17 if you notify GPL immediately after becoming aware of the relevant transaction and in no event later than thirteen (13) months after the date of debiting the amount.
The debit date is the date on which your payment method was debited with the corresponding amount.
However, this time limit does not apply if GPL has not provided the relevant transaction data as required by law (e.g. in the transaction history of your online account).
17.2 If you are entitled to compensation as a result of an unauthorized payment transaction, GPL will refund the amount of unauthorized payment transactions as soon as possible and in any case no later than the end of the business day on which GPL becomes aware of such transaction and transfer your account if applicable, to the state it would be in if the unauthorized payment transaction had not taken place.
In practice, this means that your account will be credited with an amount equal to the value of the payment transaction.
This will then be exchanged back and immediately credited to your means of payment.
If GPL has reasonable grounds to believe that your claim relating to an unauthorized transaction is fraudulent, GPL will first conduct an investigation before making a refund decision and will notify you of the outcome of the investigation with you as soon as possible.
17.3 If GPL has misexecuted a Payment Transaction, GPL will promptly refund the amount of such misexecuted Payment Transaction and, if applicable, return your Account to the state it would have been in if the misexecuted Payment Transaction had not taken place.
At your request, GPL will immediately track incorrectly executed payment transactions and inform you of the result.
17.4 If you have acted fraudulently in connection with your account or breached the Agreement intentionally or through gross negligence, you will be liable for all losses incurred as a result of unauthorized transactions; and if in such case a refund has already been made, GPL has the right to debit your account for the amount of the refund.
GPL may initiate an investigation before or after a refund for an unauthorized transaction.
18. No Endorsement of Products
18.1 GPL makes no representations and assumes no responsibility regarding: (a) the safety, quality, accuracy, reliability, integrity or legality of any Products, or the accuracy or accuracy of the description of any Products or any Content displayed, distributed, sold through the Service or get paid; (b) Your ability to purchase Products or the ability of sellers to deliver Products to you.
18.2 GPL reserves the right, but shall not be responsible, to edit, modify, remove or refuse to post, in whole or in part, any Content that GPL, in its sole discretion, deems illegal, inaccurate, illegal, fraudulent or otherwise deemed to be illegal deemed to be in breach of the Agreement.
19. Terminating Your Relationship With GPL
19.1 The Agreement is effective until terminated by you or GPL as set out below.
19.2 If you wish to end your legal agreement with GPL, you may do so at any time and at no additional cost as follows:
(a) you notify GPL in accordance with clause 23.5. below and
(b) you close your account for the Service.
Your right to end the Agreement under this clause 19.2 also includes your statutory right of withdrawal under applicable law under Directive 2002/65/EC.
19.3 GPL has the right to terminate its legal agreement with you at any time without notice if any of the following occurs: (a) you have breached any material provision of the Agreement or have acted to show clearly that you do not intend or are not in the are able to comply with the essential provisions of the agreement; (b) GPL is required by law to do so, such as when providing the Service to you is or becomes unlawful.
19.4 Unless a shorter period permitted by law is specified in this Agreement, GPL may terminate the Agreement at any time by giving two (2) months' notice.
19.5 Upon termination of this Agreement, all rights, obligations and liabilities which were applicable to you and GPL or which arose during the period of validity of the Agreement or are stated to have an indefinite validity shall not be affected by the termination.
Such rights, duties and liabilities shall continue to be subject to the provisions of clause 24.6 without limitation.
20. Disclaimer 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 Services.
20.2 GPL, its subsidiaries and affiliates, and their licensors make no warranties or representations, including but not limited to:
(a) Use of the Services will meet your requirements.
(b) You will be able to use the Services uninterrupted, timely, securely and error-free.
(c) The information resulting from your use of the Services is accurate and reliable.
20.3 The terms, warranties and provisions, including any implied provisions relating to satisfactory quality, fitness for a particular purpose and conformance with the description, apply to the Services only to the extent expressly set out in the Agreement.
20.4 Nothing in this Agreement affects any statutory rights that you as a consumer generally have and which cannot be excluded or limited by any contract.
21. Limitation of Liability
21.1 Nothing in the Agreement shall unlawfully exclude or limit GPL's statutory liability for loss.
In particular, nothing in the Agreement shall exclude or limit GPL's liability for:
(a) Death or personal injury resulting from the negligence of either party or its agents, agents or employees
(b) fraud or fraudulent misrepresentation;
(c) breach of any implied condition relating to legal title or quiet possession and/or
(d) Misuse of Confidential Information.
21.2 Except for the liability for loss described in clause 21.1 above, GPL and its subsidiaries and affiliates (and their licensors) shall not be liable by you for:
(a) Indirect losses and consequential costs incurred by you.
This includes lost profits (whether direct or indirect), loss of goodwill or business reputation, and loss of data.
(b) any loss or damage you suffer as a result of: (i) any reliance you place on the completeness, accuracy or existence of any Advertisement, or any reliance you place on any relationship or transaction between you and any advertiser or sponsor based whose advertising appears on the GPL website; (ii) changes of GPL to the Services, permanent or temporary discontinuation of Services or features of the Services; (iii) malfunctions of the Services; (iv) delete, corrupt, or fail to store any Communication Data maintained or transmitted in connection with your use of the Service; (v) your failure to provide accurate account information to GPL; (vi) Fraudulent use of the Services by you.
21.3 However, GPL will refund any fees or interest you incur because GPL has made a payment transaction incorrectly or not at all.
22. Changes to the Agreement
22.1 You grant GPL the right to make changes to the Agreement if necessary.
GPL will give you two (2) months' notice of such changes, unless a shorter legally permitted period is set forth in this Agreement.
An e-mail will be sent to your e-mail address before the changes are scheduled to take effect.
22.2 You acknowledge and agree that the changes shall be deemed to have been accepted by you unless you notify GPL to the contrary in accordance with clause 23.5 prior to the scheduled effective date of the changes.
In this case, the agreement will be terminated free of charge immediately and before the effective date of the changes.
You also have the right to terminate the Agreement immediately at any time prior to the effective date of the changes without being charged any fee.
22.3 Clause 22 shall not in any way limit: (a) GPL's right to update and revise its policies or add new features which you accept through use as it deems necessary without prior notice, the choice of those used for such revisions method, such as email notifications or postings on a Google website, at GPL's discretion, or; (b) the right of the parties to vary any provision of this Clause 22 if the variation would not be unlawful and both parties agree to the variation.
22.4 Fourteen (14) days' notice is required for notice of changes to a Non-Regulated Service.
Changes can be announced by email.
23. Notices and Other Communications
23.1 All information is made available to you in an easily accessible manner and is written in easily understandable language with clear and understandable wording in German and/or English.
23.2 Notices, notices and other information may be communicated by post, email, as part of postings on GPL's website or any other appropriate means.
23.3 GPL may communicate with you in connection with the Services by means of electronic communications, either (a) via emails to your email address, or (b) via notices or notices posted on the GPL website.
You consent to receiving electronic communications from GPL related to your use of the Services, including but not limited to: to the Agreement and to any revisions and adjustments to the Agreement and to any notices or disclosures regarding the Services and payment authorizations.
The individual messages are handled as follows:
The Agreement will be provided to you in a printable format upon registration.
Subsequent changes to this Agreement will be sent to your email address.
Except as otherwise provided in this Agreement, you will receive notification of termination of the Agreement in the form of an email sent to your email address.
Notifications of payment transactions and refunds are made available in the Google payments center in the transaction history of your online account.
Notices of suspension of service will be made available in the transaction history of your online account.
Information regarding payment transaction refusals and refunds will be made available to you in the transaction history of your online account.
23.4 You are required to keep copies of any electronic communications by printing off one copy or saving an electronic copy.
The delivery of information in electronic form assumes that you are able to print or save it.
23.5 All notices to GPL under this Agreement shall be sent to the following address: Google Payments Limited, 5 New Street Square, London EC4A 3TW, with addressee "Google Payments Team".
The following exceptions apply:
Notifications of loss, theft, unauthorized use, or security breaches should be sent immediately through Buyer Assistance.
Notices of termination of this Agreement should be sent through Buyer Assistance.
Notices under clause 22.2 should be sent via Buyer Assistance.
23.6 You can view your transactions free of charge by viewing the transaction history in your online account.
This is updated at least once a month.
You agree that you will not receive any printed statements.
Beginning July 13, 2018, GPL will email you a link to your online transaction history monthly at no charge unless you have separately notified GPL that you will not receive monthly statements by email and your transactions will only be in your transaction history want to access online accounts.
We may, in our sole discretion, provide you with additional statements of your Transactions, whether paper or otherwise, upon request, provided we are entitled to charge a reasonable administrative fee.
23.7 If GPL needs to contact you in the event of suspected or actual fraud or security threats, GPL will send an email to your primary email address asking you to contact GPL.
In addition, GPL may send an email to your secondary email address or an SMS to your phone number if provided.
24. General Legal Provisions
24.1 The headings in this Agreement are for simple reference only and shall not have any bearing on the interpretation or interpretation of the Agreement.
24.2 References to laws or legal norms refer to the current version, taking into account the changes, additions or amendments made in the meantime.
24.3 Except as otherwise provided in this Agreement, all amounts referred to herein shall be deemed to be in Euros.
24.4 The Agreement constitutes the entire legal agreement between you and GPL and governs your use of the Services.
This does not include any Services that GPL may make available to you under a separate written agreement.
The Agreement entirely supersedes all other prior agreements between you and GPL relating to the Services.
24.5 You agree that failure to exercise or enforce any rights or remedies arising under this Agreement or under applicable law for GPL shall not constitute a formal waiver of those rights by GPL and that GPL shall continue to have those rights and remedies.
24.6 If a court of competent jurisdiction finds any provision of this Agreement to be invalid, that provision shall be removed from the Agreement without prejudice to the remaining provisions.
The remaining clauses of the Agreement remain valid and enforceable.
24.7 You may not subcontract or otherwise assign any of your performance, rights or obligations under the Agreement to any third party without the prior written consent of GPL.
GPL is entitled to transfer its services, rights and obligations under the Agreement to a third party without notice to you or obtaining your consent, unless this results in a change in your rights in relation to payment services and e-money regulations in the under this Agreement.
In this case, GPL will notify you in accordance with clause 22.
24.8 You acknowledge and accept that each member of the group of companies belonging to GPL is a third party beneficiary of the Agreement and that each such company can directly enforce and invoke any provision that grants it any benefit or rights.
In addition, no other person or entity is a third party beneficiary of the Agreement.
24.9 The Agreement and your relationship with GPL under the Agreement are governed by German law.
You and GPL acknowledge that the courts of Germany will have jurisdiction over any legal matter relating to the Agreement.
Notwithstanding this Clause 24.9, you agree that GPL shall be entitled to seek injunctive relief or an equivalent remedy in any other jurisdiction.