For the avoidance of doubt, GPL will provide Buyer with the Service (as defined in the Terms of Service set out below) in connection with Buyers' purchases on Google marketplaces and in connection with charitable donations to Sellers who are charities.
A list of Google marketplaces that use the Service is available here.
Google may update marketplaces periodically but all marketplace transactions will be processed in accordance with the Terms of Service below.
Consult the terms and conditions of the product in case you want to check whether or not a particular product is a marketplace.
Terms of Service
March 28, 2018
The set of these Buyer Terms of Service ("Agreement") constitutes a legal agreement between Google Payment Limited, a company incorporated in England (company no. 05903713), with its registered office at 5 New Street Square, London EC4A 3TW , United Kingdom ("GPL") and the User ("Buyer").
You can contact GPL by email in the Help Center at https://support.google.com/payments.
GPL is authorized and regulated by the Financial Conduct Authority ("FCA") as an issuer of electronic money ("Electronic money") and is registered in the FCA register under number 900008.
GPL is a subsidiary of Google International, LLC ("Google").
This Agreement governs access to and use of Google Payments by the User.
The services described below are provided by GPL.
Read this Agreement before deciding whether or not to accept it and continue with the registration process.
The payment instruments saved on the Google Payments account may be presented to the User with the Google Pay brand, but continue to be governed by this Agreement if used in connection with the services described below.
By accepting this Agreement, the User declares to be at least 18 years old and to be able to enter into a legally binding agreement.
Before continuing, we encourage you to print or save a copy of this Agreement for your reference.
The User may accept this Agreement in the manner specified in clause 3.
The Agreement enters into force on the date of acceptance of the Agreement by the User ("Effective Date").
1.
Defined terms
For the purposes of this Agreement, the following words will have the meanings indicated below:
"Account" means the GPL managed E-Money account for You.
"Agreement" means these Buyer Terms of Service.
"AISP" ("Account Information Service Provider") means an account data service provider, which is a payment service provider (other than GPL) that offers account data services, which is an online service that provides all 'User consolidated data on one or more of the User's payment accounts, which could include the User's Account.
"Business Day" means a day other than a Saturday, Sunday or a public holiday in the UK.
"Operator Billing" (if offered to You) means the payment process in which GPL sends a Payment Transaction to the Operator for billing to the Buyer's Operator Billing Account.
"Operator" means a GPL approved mobile operator offering an Operator Billing Account.
"Operator Billing Account" means the monthly or otherwise periodic billing account provided to the User by its Operator, which the User registers on the Service to provide funds for certain Payment Transactions.
"Content" means any advice, opinion, offer, proposal, statement, data or other information displayed, distributed, purchased or paid for through the Service.
"Customer" means a person or entity who is registered on the Service as a Buyer or Seller.
"Disputes" means any disagreement, dispute, settlement and / or any other dispute that may arise between Customers or other third parties in relation to the use of the Service and which is in any case different from Disputes on the Service.
"Electronic Money" means the electronic value issued by GPL once funds are received from You.
E-money resides in GPL's computer system and is a redeemable claim against GPL.
E-money is not a deposit.
"Payment Instrument" means the credit card, debit card, Operator Billing Account or other payment instrument that the User has registered for the Service and which will be used by GPL to withdraw the necessary funds. issuing E-money through the Service in order to process Payment Transactions and for other purposes.
"Payment Transaction" means the transaction by which GPL (i) initiates the transfer of a Purchase Amount from the User's Payment Instrument to GPL, (ii) provides the User with an amount in E-money equivalent to the Amount of purchase and (iii) transfers the amount in E-money from the User to a Seller from whom the User has purchased a Product.
"Google" means Google International, LLC and its Subsidiaries and Affiliates.
"GPL Website" means a website of GPL or its Subsidiaries and Affiliates.
"GPL", "we" or "our" mean Google Payment Limited.
"Login Information" means the username and password provided by GPL to You to allow you to access your Account.
"Payment Order" means (i) the provision given by the Seller to GPL for the execution of a Payment Transaction authorized by the User, which also serves as a communication to GPL of the User's authorization to initiate the purchase of a amount in GPL E-Money equivalent to the Purchase Amount of the Payment Transaction, or (ii) the instruction given by the Seller to GPL for the execution of a Redemption Transaction, as the context requires.
"Product" means any goods, goods or services in physical or digital form that the User can purchase from a Seller using the Service.
"Purchase Amount" means an amount equivalent to the price of a Product, including any related fees, taxes or shipping charges that may apply.
"Refund Transaction" means the transaction by which GPL transfers Electronic Money from the Seller to the User's Account and subsequently refunds and initiates the transfer of a corresponding amount to the User's Payment Instrument using the refund function provided by the Service.
"Seller" means any person or entity who uses the Service to sell Products and receive consideration for the Purchase Amounts through Payment Transactions.
"Service" means the E-money payment service provided by GPL.
"services" means all services offered by GPL under this Agreement, including the Service.
"Service Disputes" means any disagreement, claim, dispute, compromise and / or any other dispute that may arise between GPL and the Customers, arising solely from GPL's alleged breach of its obligations under the Agreement or any applicable law, and from any related dysfunction in the provision of the Service.
"Subsidiaries and Affiliates" means the corporate entities that are affiliated with and affiliated with Google throughout the world.
"Unregulated Service" means a service provided by GPL that is not an E-money payment service, such as the service described in clause 10.1 (c).
"User" and "Buyer" means a person who applies to join the Service, registers to use the Service or uses the Service to make Payment Transactions in order to purchase a Product.
"User's email address" means the email address provided by the user during registration.
2.
User's relationship with the GPL
2.1 The use of the Service by the User is subject to the Agreement.
2.2 By using the Service, the User purchases Electronic Money from GPL which is used immediately for payments to Sellers.
2.3 Unregulated Services may also be provided by GPL as set forth in the Agreement.
3.
Acceptance of the Agreement
3.1 In order to use the services under this Agreement, the User must accept the Agreement.
Otherwise you will not be able to use the services.
3.2 The Agreement constitutes a legally binding agreement between the User and GPL in relation to the User's use of the services; it is therefore important that the User read it carefully.
By accepting the Agreement, the User agrees to use the services in compliance with the relevant requirements.
3.3 The User can accept the Agreement by: (a) Click on the option to accept the Agreement made available to the User by GPL in the user interface; or (b) Actual use of the services.
In this case, the User agrees and accepts that, from that point on, GPL will consider his use of the services as acceptance of the Agreement.
3.4 The User cannot use the services and accept the Agreement if:
(a) You are not of the legal age to enter into a binding contract with GPL and use the Registered Payment Instrument for services; or
(b) You are prohibited from receiving the services under the laws of the United States or other countries, including your country of residence or the country from which you use the services.
4.
Supply and language of the Agreement
4.1 A copy of the Agreement will be provided to the User in printable format during the registration process.
A copy of the Agreement, as amended from time to time, is available to the User on the GPL Website.
4.2 For the entire duration of the Agreement, the User has the right to request a copy.
Following this request, the User will receive at no additional cost to his email address a link that refers to the Contract.
4.3 The Agreement will be provided to the User in English or translated into another language.
4.4 If GPL provides You with a translation of the English language version of the Agreement, You acknowledge that the translation is provided for your convenience only and that your relationship with GPL will be governed by the English language version of the Agreement.
4.5 In the event of any discrepancy between the English language version of the Agreement and a translation, the English language version shall prevail.
5.
Registration for the Service
5.1 In order to use the services, the User must enter all the information requested on the Google Payments registration web pages.
5.2 The User is required to register a valid Payment Instrument which will be used for the purchase of E-money through the Service.
5.3 The Payment Instrument must be associated with a billing address in a country where the Service is available.
5.4 The User is required to provide updated, complete and accurate information and to keep it updated and accurate while using the services.
GPL may ask the User to provide further information in order to continue using the services, to allow the User to start using a new service or to be able to decide whether to allow the User to continue using the services.
You agree to provide such information when required by GPL in this regard, including information necessary to confirm your identity or the authenticity of your registered Payment Instrument for GPL.
6.
Provision of the Service by GPL
6.1 In certain cases, the services will be provided to the User, in whole or in part, by the Subsidiaries and Affiliates on behalf of GPL.
The User acknowledges and accepts that the Subsidiaries and Affiliates have the right to provide the services to the User.
6.2 GPL makes constant innovations to offer the best possible experience to its users.
The User acknowledges and agrees that GPL may from time to time provide a new service, without prior notification to the User.
Following the introduction of a new service, it will be our responsibility to provide the User with the revised Agreement by email or by providing a link to the updated version of the Agreement at the time of registration.
The User can accept the new version of the Agreement in the manner specified in clause 3.
6.3 The User acknowledges and agrees that GPL may interrupt the provision of the services under the Agreement.
The User can stop using the services at any time.
In that case it is not necessary for you to inform GPL.
6.4 The User acknowledges and accepts that GPL may establish general practices and limits relating to the use of the Services without prior notification to the User, including, without limitation, limits on the value or number of Payment Transactions, individually or collectively, considered, that can be performed during one or more specified time periods.
6.5 GPL may refuse to execute any Payment Transaction, Payment Order or any other use of the services if it has reasonable grounds to suspect the presence of fraudulent activity, a breach of the current Agreement by the User or the Seller or a violation of the law. .
Transactions may also be delayed due to GPL's obligation to comply with applicable anti-money laundering legislation, as well as when GPL suspects that the transaction involves fraudulent activity.
If GPL refuses to execute a Payment Transaction, a Payment Order or any other use of the services, you will be notified, except in cases where this constitutes a violation of the law by GPL or prejudices the appropriate security measures.
6.6 You acknowledge and agree that, should GPL disable access to your Account by stopping the use of your Login Data, you may be prevented from accessing the Service, Account Data or any data or other contained in your Account.
7.
Use of the Service by the User
7.1 The User agrees to use the services only to the extent permitted by:
(a) The Agreement;
(b) Rules and limits relating to the services, as published and updated from time to time by GPL and its affiliates; And
(c) Any applicable laws or regulations, practices or guidelines generally accepted in the relevant jurisdictions (including any laws relating to the export of data or software to and from the United States or other relevant countries).
7.2 Notwithstanding the foregoing, the User acknowledges and accepts that the declaration and payment of any applicable taxes resulting from his use of the services are his responsibility.
You agree to comply with all applicable tax laws, including those relating to the declaration and payment of any taxes relating to Payment Transactions.
7.3 The User agrees not to access (or attempt to access) the services by any means other than the interface provided by GPL, unless specifically authorized by another agreement entered into with GPL.
The User acknowledges that this limitation will be valid for the use of the services by any automated means.
This does not affect the User's right to use the services of an AISP.
7.4 The User agrees not to undertake any activity that could interfere with the services (or with the servers and networks connected to the services) or damage them.
7.5 Unless expressly authorized by another agreement entered into with GPL, the User agrees not to reproduce, duplicate, copy, sell, market or resell the services for any purpose.
7.6 You agree to be solely responsible (and to exonerate GPL from any liability to you or to any third party) for any breach of your obligations under the Agreement and for the consequences resulting from such breach (including any damage or loss suffered by GPL).
8.
User Login Data and Account Security
8.1 The User agrees to use the Login Data associated with his Account only in accordance with the terms and conditions established in this Agreement governing its use.
8.2 The User acknowledges and agrees to be responsible for the confidentiality of the Access Data associated with his / her Account and for the adoption of all appropriate measures to keep such information confidential.
8.3 If the User uses the services as part of his professional activity, the User declares that all managers, employees, agents, representatives and other subjects who can access his Access Data are authorized to do so and have the authority to legally bind the company, partnership or other legal person concerned.
8.4 The User's responsibility for the use of the Service is established in clause 17 below.
8.5 You must promptly notify GPL via the "You can't log in to your Google Account" section in the Buyer Help Center in the event of your Login or Account being lost, stolen or misappropriated, and through "Report Unauthorized Charges" section in the Buyer Help Center in the event of unauthorized use of your Login Data or Account.
The User undertakes to promptly inform GPL and in the same manner of any other breach of security relating to the Service of which he becomes aware.
8.6 If the User believes that his Account has been opened or used without authorization, he can consult the section on reporting abuse.
We also invite you to read our Frequently Asked Questions (FAQs) for more information on GPL's anti-fraud protection measures.
8.7 To obtain reimbursement of unauthorized or incorrectly executed Payment Transactions, the User must promptly inform GPL through the Buyer Help Center, and in any case within thirteen (13) months from the date of debit (which will coincide with the date on which the funds were withdrawn from the User's Payment Instrument), as soon as it becomes aware of unauthorized or incorrectly processed Payment Transactions (see also clause 17).
8.8 GPL may suspend the use of your Login or Account Data if it suspects that their security may have been compromised or that they have been used unauthorized or fraudulently.
8.9 GPL will inform the User before or, if this is not possible, immediately after the suspension of the use of the Login Data or the User's Account specifying the reasons for the suspension, unless the communication of such information prejudices the appropriate measures. security or violates legal provisions.
GPL will reactivate your Login Information or Account, or provide you with new active Login Information or a new Account, as soon as practicable following the termination of the grounds for suspension.
9.
Privacy and personal information of the User
9.1 Google's Privacy Policy describes how we treat personal information when Google products and services are used.
In addition, GPL's privacy policies available at https://payments.google.com/files/privacy.html explain how GPL treats your personal information and protects your privacy when using the Service.
You can request an electronic copy of the GPL privacy policy in PDF format by contacting us through the Help Center at https://support.google.com/payments.
9.2 The User consents to the use of his data in accordance with the Privacy Policy referred to in clause 9.1.
9.3 Verification of the Buyer's identity; anti-money laundering requirements.
(a) Buyer acknowledges that GPL offers and continues to offer services to Buyer provided Buyer passes all due diligence and identity checks that may be performed by GPL and complies with GPL's requirements of issuing of payment cards and any anti-money laundering legislation.
Identity checks may include credit checks, anti-money laundering checks required by applicable legislation, checks required by associations of payment card issuers and checks relating to compliance with applicable regulatory requirements.
Buyer must provide all assistance required by GPL in carrying out such checks and in determining compliance with anti-money laundering requirements, including providing additional registration or identity verification information that GPL may request.
(b) The Buyer permits GPL to share with and obtain from third parties, both within and outside the European Economic Area and to the extent permitted by law, information relating to the Buyer, including personal data so as defined in accordance with the data protection law in force, in order to carry out the necessary checks relating to due diligence and identity.
Buyer agrees that such third parties may retain information shared in this manner.
(c) Failure to comply with the conditions set out in this clause 9.3, even if Buyer provides the information required by GPL to carry out identity verification or to determine compliance with anti-money laundering requirements, could result in immediate suspension of use. of the services by the Buyer, as well as the withdrawal from this Agreement.
10.
Payment instrument
10.1 You agree that your Payment Instrument data will be used by GPL to:
(a) Charge You for the Purchase Amount, including any related fees, taxes or shipping costs that may apply;
(b) Process all payments necessary to charge the User for any other fees or expenses arising from the User's use of the Service.
(c) Be transmitted, if requested by the User, to a third party to charge for the goods or services provided by the latter to the User.
This is an unregulated service offered to you by GPL.
In these cases, after communicating the data of the Payment Instrument to the third party, GPL will not be further involved in the User's transaction with the third party.
This is not a Payment Transaction.
You are required to contact the third party or the provider of your Payment Instrument (e.g. your credit or debit card provider) directly for any problems relating to transactions with the third party, including refunds and disputes.
10.2 The User authorizes GPL to request confirmation that his Payment Instrument has a good reputation with the Operator or financial institution that issued it.
This confirmation can be obtained, by way of example and not limited to, by submitting a request for authorization to pay and / or credit and / or debit a small amount on the Payment Instrument, in compliance with the rules in force of the card issuing company. of payment.
10.3 The User authorizes GPL to obtain a credit report and / or to otherwise verify the User's credit information or background, when GPL deems it appropriate to evaluate the User's registration to the services or to allow continued use.
11.
Payment processing in electronic money; Invoicing with the Operator; purchases of periodic subscriptions / transactions
11.1 GPL agrees to provide the Service to the User to facilitate Payment Transactions.
11.2 The User must consent to the execution of a Payment Transaction in order for it to be authorized.
The User acknowledges that, by using the Service to purchase a Product from a Seller, he agrees to the processing of the Payment Transaction; further accepts that, once you have given your consent, it is no longer possible to revoke the Authorized Payment Transaction.
You further acknowledge that Sellers may refuse to process the order for a Product for any reason and that, until the Seller has sent the GPL payment Order in accordance with clause 11.4, GPL will not is under no obligation to execute a Payment Transaction.
11.3 By using the Service, the User will provide GPL with information that will be stored, such as Payment Instrument details and shipping information.
In addition, GPL will process Payment and Refund Transactions through the appropriate credit or debit card, Operator or banking system.
11.4 Once the User authorizes the execution of a Payment Transaction, the Seller may send the Payment Order to GPL, in accordance with the rules of the GPL.
Upon receipt of the Payment Order from the Seller, GPL initiates the transfer of the Purchase Amount from the User's Payment Instrument to GPL.
GPL then provides the User with an amount in E-Money equivalent to the Purchase Amount, at the latest when GPL receives the corresponding valid funds from the User's Payment Instrument.
GPL then immediately transfers the issued amount to the Seller.
GPL is not responsible for, and cannot determine when it receives funds from Your Payment Instrument.
Once the Seller has sent the Payment Order to GPL, the User will be informed via the information in the transaction history of his Account.
11.5 Payment Transactions may be refused or delayed, in accordance with Clause 6.5.
11.6 You expressly authorize GPL to (or ask a third party to):
(a) Debit Your Payment Instrument as needed for the purchase of E-Money in order to complete the processing of a Payment Transaction;
(b) Credit such amounts to Your Payment Instrument via the Service as needed, to make any reversal of a Payment Transaction or refunds or adjustments to the Purchase Amount.
11.7 The User acknowledges and accepts that:
(a) Sales of Products by the Seller are transactions between the Seller and the User and not with GPL, Google or its affiliates, unless these are expressly indicated in the transaction as Seller or Buyer; And
(b) Neither GPL, nor Google or any of its affiliated companies is a Buyer, Seller or a party to any Payment Transaction, unless expressly designated as such in the Product listing on a Website of Google or its terms of service;
(c) A Seller and GPL, acting on behalf of the Seller, may send back to the payment circuit, one or more times, a payment transaction relating to the purchase of a Product in the event that the previous payment transaction was been refused or rejected by the payment circuit.
11.8 E-money, and therefore the Service, are not subject to the Financial Services Compensation Scheme (FSCS) or any other public or private insurance plans.
11.9 Invoicing with the Operator.
Some Sellers who accept Google Payments may allow you to bill for purchases on your Billing Account with the Operator.
These additional terms are valid when you use Operator Billing via Google Payments:
11.9.1 In order to register the Billing Account with the Operator as a payment option, Google Payments requires the User to indicate the mobile number, name and billing address, including postcode, of the Billing Account with the 'Operator associated with the indicated number.
The User allows the Operator to provide such information to Google Payments and may review the information while registering Billing with the Operator, as well as correct any inaccuracies.
This information will be used by Google Payments to set up the Billing Account with the Operator as a Payment Tool in the User's Google Payments Account and for the operation of the Service.
The User further agrees that GPL and its Operator may exchange information regarding the Billing activity with the User Operator in order to debit or credit the Billing Account with the User Operator and in any case to complete the payments relating to purchases, cancellations, refunds or adjustments of Payment Transactions, resolving disputes, providing assistance to customers and for other purposes related to Billing with the Operator.
11.9.2 If the User decides to pay for a transaction by Billing with the Operator, the User authorizes the Seller and GPL to send debits and credits to the Operator and the latter to make such debits or credits to the Billing Account with the User Operator, as needed, to complete the Payment Transaction or to complete the reversal, refund or correction of the Payment Transaction.
11.9.3 You may use Operator Billing to purchase applications (such as downloadable or network applications, wallpapers, ringtones, games and productivity tools, collectively referred to as "Applications") for and with compatible devices from certain merchants. on Google Play.
These Applications are not sold by the Operator or by Google, the GPL or Google Play.
The User can identify the Seller of the Application at the time of purchase.
11.9.4 Purchases made through Operator Billing are also subject to the terms and conditions of the User's Billing Account with Operator.
You are responsible for any charges and related fees that may be imposed under the terms and conditions of the Operator Billing Account as a result of your use of Operator Billing.
11.9.5 The User may contact the Operator's customer support if he has any questions regarding the fees or charges billed to his Billing Account with the Operator.
If you have any questions relating to matters relating to Google Payments, you may contact Google Payments customer support.
The User is required to address support questions relating to products (such as Android Applications) purchased through Operator Billing to the Seller from whom the Applications were purchased.
11.9.6 The Operator, Google, GPL and Google Play are not responsible for any products (including Applications) purchased through Operator Billing, including errors, interruptions or delays in downloading, installing, using or transmission, as well as for refunds, third-party announcements that the User may find while using the product or Application, any alterations made by any Application to the functionality of the device in use, including any changes that could affect the plan, service or on the Operator's billing, or any content or websites that the User may be able to access through the Application.
11.10 Regarding the purchase of subscriptions / periodic transactions:
(a) In the event that the Service offers the User the possibility to pay subscriptions, the subscription will start when, during the purchase, the User clicks on "Accept and buy" (or an equivalent wording ).
This is a recurring billing transaction and will be billed automatically on a periodic basis.
Unless otherwise indicated, the User's subscription and related billing authorization will be valid until canceled by the User.
(b) By clicking "Accept and Buy" (or equivalent wording), the User authorizes the Seller in question to issue a Payment Order for a Payment Transaction, financed through the Payment Instrument selected by the User, for each billing period specified for the subscription and the Purchase Amount.
The User also authorizes the Seller in question to charge the Purchase Amount on the alternative Payment Instrument, if the User has selected one in their Google Payments account, in the event that, for any reason, the Seller is unable to debit this amount on the Payment Instrument selected by the User.
The Purchase Amount will continue to be charged to the Payment Instrument selected by the User, or to the Alternative Payment Instrument (if any), for each billing period until the subscription is canceled, unless otherwise indicated in the terms and conditions.
During the subscription period, the Purchase Amount may be changed by the Seller.
(c) The Purchase Amount will be charged to the User's Payment Instrument for each billing period starting from the subscription purchase date.
(d) You have the option to cancel a subscription at any time by following the procedure described here, but the cancellation will not become effective until the end of the current billing period.
The User will not receive any refunds for the current billing period.
The User may continue to access the subscription service in question 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.
(f) You are entitled to a refund of an Authorized Payment Transaction that is part of a subscription if: (i) You request a refund within eight (8) weeks from the date the Payment Transaction was charged; (ii) the Purchase Order did not specify the Purchase Amount at the time the Payment Transaction was authorized; and (iii) the Purchase Amount charged exceeds the amount you could reasonably have expected considering your previous spending profile, this Agreement and the circumstances of the case.
GPL may ask You to provide additional information reasonably necessary to review your refund request.
The User will receive any refund or the reason for the refusal of such refund within ten (10) working days of the refund request, or, if GPL has asked the User for further information, within ten (10) working days of receipt of such information.
12.
Reserved 13.
Payment transactions allowed
13.1 The User may only use the Service to process a Payment Transaction relating to a Product that is purchased from a Seller through a legitimate and good faith sale of the Product itself, or for charitable donations to a Seller that defines the its primary product category as a non-profit and has been verified by GPL as a registered and certified non-profit organization.
The Service cannot be used to process a Payment Transaction or otherwise a transfer of E-money or monetary value in favor of a Seller that is not related to the purchase of a Product, nor for charitable donations in favor of a Seller that is not defines its primary product category as non-profit and has not been verified by GPL as a registered and certified non-profit organization.
13.2 It is not possible to use the Service to receive cash advances from the Sellers or to facilitate the purchase of payment instruments equivalent to cash (for example travelers checks, prepaid cards, money orders and so on).
The User cannot use the Service to:
(a) Process Payment Transactions in connection with the sale or exchange of goods or services whose sale or purchase is illegal in the country where you reside or from which you use the Service;
(b) Process Payment Transactions in connection with the sale or exchange of goods or services the sale or purchase of which is illegal in the Seller's country of residence or from which the Seller uses the Service; or
(c) Use the Service in connection with other illegal transactions.
13.3 You agree not to use the Service to process Payment Transactions relating to any Product that violates the Agreement, other rules or rules applicable to the Service (which may occasionally be updated) or applicable law.
The current policy setting out Products and other transactions that cannot be paid for through the Service is available here.
Failure to comply with these limitations could result in the suspension or termination of the use of the Service by the User.
14.
Service fees; foreign currency; interest
14.1 GPL will not charge you any fees for using the Service.
However, other costs or taxes established by third parties may apply for the use of the Service.
For example, you acknowledge and agree that the financial institution or Operator issuing your Payment Instrument may charge you a fee relating to the Payment Instrument charges resulting from the Payment Transaction.
For more information on these fees, we invite the User to consult the terms and conditions governing his Payment Instrument.
14.2 GPL will not perform any foreign exchange transactions as part of the Service.
14.3 GPL will not charge you any interest in your use of the Service.
15.
Disputes and Disputes on the Service
15.1 GPL will provide various tools to assist you in contacting Sellers in order to resolve a Dispute that may arise regarding a transaction processed through the Service.
In the event that the User is unable to resolve a Dispute, GPL may act as mediator in the Dispute arising between the User and a Seller at the request of one or both parties.
In this case, if it deems it appropriate, GPL will examine the Dispute and propose a non-binding conciliatory solution.
For more detailed information, please read our Frequently Asked Questions (FAQ).
15.2 GPL may offer a feedback service or other rating systems within the Service to help you evaluate your experiences of using the Service.
You acknowledge that this feedback or rating system represents only the opinion of other users of the Service and does not constitute an opinion, statement or guarantee attributable to GPL in relation to other users of the Service.
15.3 Any complaints or disputes arising in connection with this Agreement, including Service Disputes, or as a result of GPL's provision of the Service should first be submitted to GPL's customer service via the Buyer Help Center.
More information on internal complaints handling procedures can be found here.
You may submit any unresolved complaints in accordance with your expectations to the Financial Ombudsman Service.
For this purpose, a communication can be sent by post to the address: Exchange Tower, London E14 9SR, United Kingdom; telephone: 0800 023 4567 or 0300 123 9 123; website: http://www.financial-ombudsman.org.uk; and by email at complaint.info@financial-ombudsman.org.uk.
The User may also submit any complaints not resolved in accordance with his expectations to the Financial Ombudsman Service using the online dispute resolution platform of the European Commission available at https://ec.europa.eu/consumers/odr/main/ ? event = main.adr.show.
16.
Refunds and Use
16.1 Since the User will purchase E-money through the Service and immediately spend it on the purchase of Products, he will not be able to use such E-money.
In the event of a Refund Transaction by a Seller or GPL, the E-Money will be refunded and the funds will be credited back to your Payment Instrument.
16.2 If after the termination of the Agreement an unused amount of E-money is present in the User's Account, GPL will promptly refund the full amount of the unused E-money once the appropriate anti-money laundering, fraudulent or other activity checks have been completed. illegal, and the transfer of the amount to the User's bank account will begin.
16.3 If the unused E-money amount cannot be refunded in accordance with clause 16.2, the User will have six (6) years from the termination of the Agreement to request a refund of the entire unused amount, after which any E-money remaining in the User's Account will become the property of GPL.
For the purposes of this clause 16.3, the Agreement terminates when the User is no longer able to use his / her E-money to carry out payment Transactions, including, by way of example, the cases in which the Account of the 'User is suspended in accordance with this Agreement.
If within six (6) years the User's right to use their E-money is restored, the termination of the Agreement will not become effective.
GPL may restore, at its discretion, the User's Account and any E-money connected to it after the expiry of the 6 years.
Any use made under this clause 16.3 is subject to proper completion of appropriate anti-money laundering, fraudulent and other illegal activity checks, and you agree to provide the information required by GPL to complete such checks.
16.4 Nothing in clause 16.3 restricts GPL's right to terminate the Agreement in accordance with clause 19.4 and / or to make refunds in accordance with clause 16.2.
17.
Responsibility of the User
17.1 In the event of an unauthorized or incorrectly executed Payment Transaction, in accordance with this clause 17, the User is entitled to compensation only if he promptly informs GPL of the unauthorized or incorrectly executed Payment Transaction, as soon as he becomes aware of the transaction, and in any case within thirteen (13) months from the debit date (which will coincide with the date on which the funds were withdrawn from the User's Payment Instrument).
However, this time limit does not apply if GPL has not provided or made available to you relevant transaction information as required by law (for example in your online Account transaction history).
17.2 If in the event of an Unauthorized Payment Transaction the User is entitled to compensation, GPL will refund the amount of the Unauthorized Payment Transaction as soon as possible, however no later than the end of the Business Day on which GPL becomes aware of such. transaction and, where necessary, will restore the User's Account to the state in which it would have been if the Unauthorized Payment Transaction had not occurred.
This means, in practice, that an amount in E-money equivalent to the value of the Payment Transaction will be credited to the User's Account, an amount that will then be refunded and immediately credited back to the User's Payment Instrument.
If GPL has reasonable grounds to suspect your fraudulent behavior in connection with your unauthorized transaction declaration, GPL will conduct an investigation before deciding whether to refund the amount of such transaction and will notify you as soon as practicable. User of the outcome of this survey.
17.3 If GPL has incorrectly executed a Payment Transaction, GPL will promptly refund the amount of the incorrectly executed Payment Transaction and, where necessary, will restore the User's Account to the state in which it would have been if the Transaction had not occurred. of payment not correctly executed.
GPL will immediately endeavor, at the request of the User, to trace any payment Transactions not correctly executed and will notify the User of the outcome.
17.4 If the User has acted in a fraudulent manner or has not fulfilled, intentionally or with gross negligence, the terms of the Agreement relating to his Account, the User will be liable for all losses incurred in connection with unauthorized transactions, and if in in such cases a refund has already been made, GPL will have the right to debit the amount of such refund from the User's Account.
GPL may conduct an investigation before or after making a refund for an unauthorized transaction.
18.
No approval of the Products
18.1 GPL does not represent, endorse and will not be responsible for: (a) Safety, quality, accuracy, reliability, integrity or legality of any Product, truthfulness or accuracy of the description of the Products or Content displayed or distributed, purchased or paid for through the Service; or (b) The ability of the User to purchase Products or the ability of the Sellers to offer Products to the User.
18.2 GPL reserves the right, but shall have no liability, to change, modify, refuse the posting or removal of any Content, in whole or in part, which GPL deems to be, in its sole and absolute discretion, objectionable, incorrect, illegal, fraudulent or otherwise in violation of the Agreement.
19.
Termination of Your Relationship with GPL
19.1 The Agreement will continue to be valid until terminated by You or GPL, in accordance with the terms set forth below.
19.2 The User can terminate his legal contract entered into with GPL immediately and without incurring any cost at any time by:
(a) Notification to GPL in accordance with clause 23.5 below; And
(b) Closure of your Service Accounts.
The User's right to withdraw from the Contract in accordance with this clause 19.2 includes the User's legal right to withdraw from the Contract under the applicable legislation in implementation of Directive 2002/65 / EC.
19.3 GPL may terminate its legal agreement with you at any time without notice if: (a) You have breached substantial provisions of the Agreement (or acted in a way that clearly shows that it does not intend or is unable to to comply with the provisions of the Contract); or (b) GPL is required by law to do so (for example if the provision of the Service to You is, or becomes, illegal).
19.4 GPL may terminate the Agreement at any time by providing the User with two (2) months' notice, unless a shorter period is provided in this Agreement in accordance with the law.
19.5 Upon termination of this Agreement, all legal rights, obligations and responsibilities that you and GPL have benefited from, to which they have been subject (or which have accrued over time during the term of the Agreement) or which are states expressly declared as rights, obligations and responsibilities destined to last indefinitely, will not disappear, and the provisions of clause 24.6 will continue to apply to such rights, obligations and responsibilities indefinitely.
20.
Disclaimer of Warranties
20.1 GPL, its Subsidiaries and Affiliates (and their licensors) make no express warranties or representations in connection with the provision of the services.
20.2 In particular, GPL, its Subsidiaries and Affiliates (and related licensors) do not declare or guarantee to the User that:
(a) The use of the services meets the User's needs;
(b) The use of the services by the User is uninterrupted, timely, secure or error-free; And
(c) The information obtained by the User through the use of the services is accurate or reliable.
20.3 No conditions, warranties or other terms (including any implied terms regarding quality, fitness for a particular purpose or conformity with description) apply to the services, other than the conditions, warranties and terms expressly set forth in the Agreement.
20.4 No provision of the Contract will affect the legal rights in any case recognized to the User as a consumer and which the User cannot agree to modify or refuse contractually.
21.
Limitation of Liability
21.1 Nothing set forth in the Agreement will exclude or limit GPL's liability to the extent that this is not permitted by applicable law.
21.2 Under clause 21.1 above, GPL, its Subsidiaries and Affiliates (and related licensors) will not be liable to You for: (a) Any indirect or consequential losses suffered by You.
This includes any loss of profits (whether directly or indirectly), commercial or business reputation or any loss of data suffered by the User; (b) Any loss or damage suffered by the User as a result of: (i) The User's reliance on the completeness, accuracy or existence of advertisements, or as a result of any relationship or transaction between the User and a advertiser or sponsor whose ads are displayed on the GPL Website; (ii) Any changes made by GPL to the services or permanent or temporary termination of the provision of the services (or any functions of the services); (iii) Malfunction of the services; (iv) Deletion, damage or failure to archive data relating to communications managed or transmitted by the services or during the use of the services; (v) Your negligence in providing GPL with accurate Account information; and (vi) Any fraudulent use of the services by the User.
21.3 In any event, GPL will reimburse You for any interest or costs incurred for GPL's failure or improper execution of a Payment Transaction.
22.
Changes to the Agreement
22.1 You agree that GPL may make changes to the Agreement from time to time.
On such occasions, GPL will communicate the changes to the User via an email sent to the User's email address with two (2) months notice of the proposed date for the entry into force of the changes in question, unless a shorter period in this Agreement under applicable law.
22.2 The User acknowledges and agrees that the changes will be deemed accepted by him, unless the User informs GPL of the contrary by communication in accordance with clause 23.5 prior to the effective date of the changes.
In this case, the Agreement will be terminated immediately without incurring any costs prior to the effective date of the changes.
The User also has the right to immediately withdraw from the Agreement without incurring any cost at any time before the date of entry into force of the changes.
22.3 Nothing in clause 22 will limit: (a) GPL's right to update and modify its policies from time to time and without notice or to add new features, which may be accepted by the User through the use of the functions themselves. question.
Such changes may take place using a method chosen at GPL's discretion and this method may include sending a communication via email or posting on a Google website;
(b) The right of the parties to modify the terms of this clause 22 if the modification is not prohibited by law and is accepted by both parties.
22.4 Changes to a Non-Regulated Service may be communicated via email with fourteen (14) days notice.
23.
Communications and notifications
23.1 All information will be made available or provided to the User in a manner that is easily accessible, in an easily understood language, in a clear and understandable format and in English, unless a translation is provided to facilitate the User in accordance with the clause 4 above.
23.2 Statements, notifications and other communications to the User may be provided by regular mail, email, publications on the GPL Website or by other reasonable means.
23.3 GPL may communicate with the User regarding the services by means of communications in electronic format, including: (a) sending emails to the User's email address or (b) posting notifications or communications on the GPL Website.
You agree that GPL may send you electronic communications relating to any matter relating to your use of the services, including the Agreement (and any revisions or amendments to the Agreement), notifications or disclosures regarding payment services and authorizations.
Particular types of communications will be managed in the following ways:
The Agreement will be provided to the User at the time of registration in a printable format;
Any changes to this Agreement made after registration will be communicated via an email message sent to the User's email address;
Except in cases where this Agreement provides otherwise, notification of withdrawal from this Agreement will be provided via an email message sent to the User's email address;
Information on Payment and Refund Transactions will be made available in the User's Online Account transaction history within the Google Payments Center;
Information relating to a suspension of the Service will be made available in the User's online Account transaction history; And
Information relating to the rejection of Payment and Refund Transactions will be made available in the User's Online Account transaction history.
23.4 The User is required to keep a copy of all communications received electronically by printing a hard copy or saving a copy in electronic format; all information provided to the User in electronic format is communicated on the assumption that the User is able to print or save a copy.
23.5 Any notification to GPL under this Agreement must be sent by registered mail to: GPL Payment Limited, 5 New Street Square, London EC4A 3TW, United Kingdom, indicating "For the attention of Google Payments Team", except for:
Notifications of loss, theft, unauthorized use or security breach, which should be sent to the Buyer Service Center as soon as possible.
Notification of withdrawal from this Agreement, which must be sent through the Buyer Help Center.
Notifications in accordance with clause 22.2, which must be sent through the Buyer Help Center.
23.6 The User can consult his transactions free of charge in the transaction history of his Online Account, which is updated at least every month.
The User agrees not to receive paper reports.
As of July 13, 2018, GPL will send the User, via email, on a monthly basis and free of charge, a link to their online transaction history, unless the User separately requests not to receive the monthly report by email and requests instead that information relating to your transactions is only made available in the transaction history of your Online Account.
At your request, we may provide you with communications, documentation or other additional information relating to your transactions at our discretion but, in this case, we may charge you a reasonable handling fee.
23.7 If GPL needs to contact the User in the event of suspected or actual fraud, or a security threat, GPL will send an email to the User's primary email address prompting him to contact GPL.
In addition, GPL may also send an email to the User's secondary email address, or an SMS to the User's phone number, if available.
24.
General legal terms
24.1 The titles of the clauses of this Agreement are for the sole purpose of facilitating consultation and do not affect the interpretation or structure of the Agreement.
24.2 Reference to any law or statutory provision includes reference to such law or statutory provision as amended, extended or re-enacted from time to time.
24.3 Unless otherwise expressly provided in the Contract, all amounts indicated in the Contract are to be understood in euros.
24.4 The Agreement constitutes the entire legal agreement entered into between the User and GPL, governs the use of the services by the User (excluding any services provided by GPL to the User in a separate written agreement) and completely replaces any previous contract entered into between the User and GPL in relation to the services.
24.5 You agree that if GPL fails to exercise or enforce a legal right or remedy contained in the Agreement (or from which GPL benefits under applicable law), this will not be considered a formal waiver of GPL's rights, and that GPL may still enjoy such rights or remedies.
24.6 If a court having legal jurisdiction in a matter relating to the Agreement decides that a provision of the Agreement is invalid, it will be removed without any effect on the other provisions of the Agreement.
The remaining provisions of the Agreement will continue to be valid and enforceable.
24.7 You may not assign the benefits of the Agreement, or subcontract or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of GPL.
GPL has the right to attribute the benefits, or to subcontract or otherwise transfer its rights and obligations under this Agreement to any third party without notice and without the consent of the User, except in cases where this involves a modification of the User's rights relating to the rules on payment services and electronic money contained in this Agreement.
In such event, GPL will notify the User in accordance with the provisions of clause 22.
24.8 You acknowledge and agree that each member of the group of companies of which GPL is the parent company will be a third party beneficiary of the Agreement and that such other companies will have the right to directly enforce, and rely upon, any provision of the Agreement which confers upon them an advantage or rights in their favor.
With the exception of such companies, no other person or company will be a third party beneficiary of the Agreement.
24.9 The Agreement and the User's relationship with GPL under the Agreement will be governed by English law, except that any additional consumer rights recognized by Italian law will apply.
The User and GPL agree to submit to the jurisdiction of the Italian courts to resolve any legal matter arising from this Agreement.
Notwithstanding this clause 24.9, You agree that GPL is still authorized to request precautionary measures (or an equivalent type of urgent legal remedy) in any jurisdiction.
24.10 Pursuant to the Italian Civil Code, the User declares to have carefully read this document and specifically approves the terms contained in the following clauses:
3.
Acceptance of the Agreement;
4.
Supply and language of the Agreement;
6.
Provision of the Service by GPL;
9.
User's privacy and personal information;
10.
Payment instrument;
11.
Payment processing in electronic money;
13.
Payment transactions allowed;
18.
No approval of the Products;
19.
Termination of the User's relationship with the GPL;
20.
Disclaimer of warranties;
21.
Limitation of Liability;
22.
Changes to the Agreement;
23.
Communications and notifications;
24.7.
Prohibition of contract management; And
24.9.
Applicable laws and competent court.