For the avoidance of doubt, GPL will provide the Buyer with the Service (as defined in the Terms of Service below) in respect of the Buyer's purchases on Google's marketplaces and in respect of charitable donations made to Sellers that are charities.
A list of Google's marketplaces supported by the Service can be found here. Google may update the marketplaces from time to time, but all marketplace transactions will be processed in accordance with the Terms of Service below. Please consult the terms and conditions of the product for further information about whether a particular product is a marketplace or not.
These Buyer Terms of Service ('Agreement') are a legal contract between Google Payment Limited, a company incorporated in England (Company No. 05903713), whose registered office is at 5 New Street Square, London EC4A 3TW, United Kingdom ('GPL') and You (the 'Buyer'). GPL can be contacted by email through the Help Centre at https://support.google.com/payments. GPL is authorised and regulated by the Financial Conduct Authority ('FCA') as an electronic money ('E-money') issuer and is entered into the FCA register with register 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 review this Agreement before You decide whether to accept it and continue with the registration process.
Funding Instruments saved to Your Google Payments account may be presented to You under the Google Pay brand, but continue to be governed by this Agreement when used in connection with the services described below.
By agreeing to this Agreement, You represent that You are 18 years old or older and capable of entering into a legally binding agreement.
Before You continue You should print off or save a copy of this Agreement for Your records. You can accept the Agreement as described in clause 3. The Agreement will be effective from the date of Your acceptance ('Effective Date').
The following defined terms appear in this Agreement:
'Account' means the E-money account that GPL holds for You.
'Agreement' means these Buyer Terms of Service.
AISP means an account information service provider, which is a payment service provider (that is not GPL) providing an account information service, which is an online service that can provide You with consolidated information on one or more of Your payment accounts, which may include Your Account.
'Business Day' means a day that is not a Saturday, a Sunday or a bank holiday in the United Kingdom.
'Operator Billing' means the payment process whereby GPL submits a Funding Transaction to the Operator for billing to the Buyer's Operator Billing Account.
'Operator' means a mobile telephone operator approved by GPL that offers an Operator Billing Account.
'Operator Billing Account' (where Operator Billing services are offered to You) means the monthly or other periodic billing account provided to You by Your Operator that You register with the Service to fund certain Funding Transactions.
'Content' means any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid for through the Service.
'Customer' means a person or entity that registers with the Service as a Buyer or a Seller.
'Disputes' means any disagreements, litigation, arrangements and/or other such disputes between Customers or other third parties arising from the use of the Service other than Service Disputes.
'E-money' means electronic value issued by GPL on receipt of funds from You. E-money resides in GPL's computer system and represents a claim by You against GPL for redemption. E-money is not a deposit.
'Funding Instrument' means the credit card, debit card, Operator Billing Account or other payment instrument that You register for use with the Service and that will be used by GPL to fund the issuing of E-money through the Service in order to process Funding Transactions and for other purposes.
'Funding Transaction' means the transaction by which GPL (i) initiates transfer of a Purchase Amount from Your Funding Instrument to GPL, (ii) issues You with an amount of E-money equal to the Purchase Amount, and (iii) transfers the amount of E-money from You to a Seller from whom You are purchasing a Product.
'Google' means Google International, LLC, and its Subsidiaries and Affiliates.
'GPL Website' means a website of GPL or its Subsidiaries or Affiliates.
'GPL', 'we', 'our' or 'us' means Google Payment Limited.
'Login Details' means the username and password that GPL issues to You to access Your Account.
'Payment Order' means (i) the instruction that the Seller gives to GPL to execute a Funding Transaction authorised by You, which also acts as the notice to GPL of Your authorisation to initiate the purchase of an amount of E-money from GPL, equal to the Purchase Amount of the Funding Transaction, or (ii) the instruction that the Seller gives to GPL to execute a Refund Transaction, as the context requires.
'Product' means any digital or physical merchandise, goods or service that You may purchase from a Seller using the Service.
'Purchase Amount' means an amount equal to the price of a Product, including any related fees, taxes or delivery charges, as applicable.
'Refund Transaction' means the transaction by which GPL transfers E-money from the Seller to Your Account and then redeems and initiates transfer of a corresponding amount to Your Funding Instrument using the refund function of the Service.
'Seller' means any person or entity that uses the Service to sell Products and receive Purchase Amounts from Funding Transactions.
'Service' means the E-money payment service provided by GPL.
'Services' means all services offered by GPL under the Agreement, including the Service.
'Service Disputes' means any disagreements, complaints, litigation, arrangements and/or other such disputes between GPL and Customers arising solely from the alleged failure by GPL to meet its obligations under the Agreement or any applicable law and any associated error in the provision of the Service.
'Subsidiaries and Affiliates' means subsidiaries and affiliated legal entities of Google around the world.
'Unregulated Service' means a service provided by GPL that is not an E-money payment service, such as the service set out in clause 10.1(c).
'You', 'Your' and the 'Buyer' means a person that applies to, or registers to use, or uses, the Service to make a Funding Transaction to purchase a Product.
'Your email address' means the email address provided by You during sign-up.
2.1 Your use of the Service is subject to the Agreement.
2.2 By using the Service, You will purchase E-money from GPL that will immediately be used to make payments to Sellers.
2.3 Unregulated Services may also be provided by GPL, as set out in the Agreement.
3.1 In order to use the services under this Agreement, You must firstly agree to the Agreement. You may not use the services if You do not accept the Agreement.
3.2 The Agreement forms a legally binding agreement between You and GPL in relation to Your use of the services and it is important that You take the time to read it carefully. By accepting the Agreement, You agree to use the services in accordance with the requirements of the Agreement.
3.3 You can accept the Agreement by:
(a) Clicking to accept or agree to the Agreement, where this option is made available to You by GPL in the user interface; or
(b) Actually using the services. In this case, You understand and agree that GPL will treat Your use of the services as acceptance of the Agreement from that point onwards.
3.4 You may not use the services and may not accept the Agreement if:
(a) You are not of legal age to form a binding contract with GPL and operate the Funding Instrument that You register for use with the services; or
(b) You are a person barred from receiving the services under the laws of the United States or other countries including the country in which You are resident or from which You use the services.
4.1 A copy of the Agreement will be provided to You in printable form during the sign-up process. A copy of the Agreement, as amended from time to time, is available to You on the GPL Website.
4.2 Throughout the duration of the Agreement, You may request to be provided with the Agreement, and a link to the Agreement will be sent to Your email address free of charge.
4.3 The Agreement will be provided to You in English.
4.4 Where GPL has provided You with a translation of the English language version of the Agreement, You agree that the translation is provided for Your convenience only and that the English language version of the Agreement will govern Your relationship with GPL.
4.5 If there is any contradiction between the English language version of the Agreement and a translation, the English language version takes precedence.
5.1 To use the services, You must complete all required information elements on the Google Payments registration web pages.
5.2 You must register a valid Funding Instrument, which will be used to fund the purchase of E-money through the Service.
5.3 The Funding Instrument must be associated with a billing address in a country where the Service is made available.
5.4 You must provide current, complete and accurate information and maintain it as current and accurate during Your use of the services. GPL may require You to provide additional information as a condition of continued use of the services or in order to allow You to start using a new service, or to assist in determining whether to permit You to continue to use the services. You agree to provide such information as GPL may require in this regard, including information necessary to validate Your identity or confirm the authenticity of any Funding Instrument that You register for use with GPL.
6.1 Sometimes Subsidiaries and Affiliates will provide all or part of the services to You on behalf of GPL. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the services to You.
6.2 GPL is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that GPL may provide a new service from time to time without prior notice to You. We will provide You with any revised Agreement resulting from the introduction of a new service by email or by providing a link to the updated Agreement during sign-up. You can accept the revised Agreement as specified in clause 3.
6.3 You acknowledge and agree that GPL may stop providing the services to You as provided in the Agreement. You may stop using the services at any time. You do not need to inform GPL when You stop using the services.
6.4 You acknowledge and agree that GPL may establish general practices and limits concerning the use of the services without prior notice to You, including, without limitation, individual or aggregate transaction limits on the value or number of Funding Transactions during any specified time period(s).
6.5 GPL may refuse to execute any Funding Transaction, Payment Order or other use of the services if GPL has reasonable grounds to suspect fraud, a breach of the applicable Agreement by You or the Seller, or a violation of law. Transactions may also be delayed due to GPL's compliance with its obligations under applicable anti-money-laundering legislation, including if GPL suspects that the transaction involves fraud. In the event that GPL refuses to execute a Funding Transaction, Payment Order or other use of the services, You will be notified, unless it is unlawful for GPL to do so or would compromise reasonable security measures.
6.6 You acknowledge and agree that if GPL disables access to Your Account by stopping the use of Your Login Details, You may be prevented from accessing the Service, Your Account Details or any files or other content that is contained in Your Account.
7.1 You agree to use the services only as permitted by:
(a) The Agreement;
(b) Policies and limits for the services, as published and updated by GPL and its affiliates from time to time; and
(c) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
7.2 Without prejudice to the above, You agree and acknowledge that the reporting and payment of any applicable taxes arising from Your use of the services is Your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Funding Transactions.
7.3 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by GPL, unless You have been specifically allowed to do so in a separate agreement with GPL. You acknowledge that this restriction will apply to use of the services by any automated means. This does not affect Your right to use AISP services.
7.4 You agree that You will not engage in any activity that interferes with or disrupts the services (or the servers and networks that are connected to the services).
7.5 Unless You have been specifically permitted to do so in a separate agreement with GPL, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
7.6 You agree that You are solely responsible for (and that GPL has no responsibility to You or to any third party for) any breach of Your obligations under the Agreement and for the consequences (including any loss or damage that GPL may suffer) of any such breach.
8.1 You agree to use any Login Details associated with Your Account only in accordance with the terms and conditions set out in this Agreement governing their use.
8.2 You agree and understand that You are responsible for maintaining the confidentiality of Login Details associated with Your Account and taking all reasonable steps to keep this information confidential.
8.3 If You are using the services in a business capacity, You agree that all officers, employees, agents, representatives and others having access to Your Login Details will be properly authorised to do so, and will have the authority to legally bind the business, partnership or other legal entity concerned.
8.4 Your liability for usage of the Service is set out in clause 17 below.
8.5 You must notify GPL without undue delay through Can't sign in to Your Google Account on the Buyer Help Centre on becoming aware of the loss, theft or misappropriation of Your Login Details or Account, and through Report unauthorised charges on the Buyer Help Centre on becoming aware of unauthorised use of Your Login Details or Account. You agree to notify GPL without undue delay and in the same manner of any other breach of security regarding the Service of which You have knowledge.
8.6 If You believe that Your Account has been opened or used in an unauthorised manner, please see our how to report abuse section. Also, please see our Frequently Asked Questions for more information on how GPL protects You from fraud.
8.7 In order to get a refund for any unauthorised or incorrectly executed Funding Transactions, You must notify GPL through the Buyer Help Centre without undue delay, and in any case no later than thirteen (13) months after the debit date (which will be the same date that the funds have been taken from Your Funding Instrument), on becoming aware of any unauthorised or incorrectly processed Funding Transactions (also see clause 17).
8.8 GPL may suspend the use of Your Login Details or Account where it suspects that their security may have been compromised, or that unauthorised or fraudulent use has taken place.
8.9 GPL will inform You in advance, or if that is not possible, immediately after, of the suspension of the use of Your Login Details or Account, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. GPL will reactivate Your Login Details or Account, or provide You with new active Login Details or a new Account as soon as practicable after the reasons for the suspension cease to exist.
9.1 The Google Privacy Policy describes how we treat personal information when You use Google's products and services. In addition, GPL's privacy policy at https://payments.google.com/files/privacy.html explains how GPL treats Your personal information, and protects Your privacy, when You use the Service.You may request that an electronic copy of the GPL privacy policy be sent to You in PDF form by contacting us through the help centre at https://support.google.com/payments.
9.2 You agree to the use of Your data in accordance with the privacy policies in clause 9.1.
9.3 Buyer Identity Verification; Anti-Money-Laundering Requirements.
(a) The Buyer acknowledges that GPL is offering and continues to offer the services to the Buyer on the condition that the Buyer satisfies all due diligence and identity checks that GPL may conduct, and that the Buyer complies with GPL, card association and regulatory anti-money-laundering requirements. Identity checks may include credit checks, anti-money-laundering checks required by relevant legislation, checks required by card associations and checks to meet relevant regulatory requirements. The Buyer will provide all assistance requested by GPL in carrying out such checks and determining compliance with anti-money-laundering requirements, including the provision of such additional registration or identity verification information as GPL may require.
(b) The Buyer consents to GPL sharing with and obtaining from third parties, both inside and outside the European Economic Area and to the extent permitted by law, information held about the Buyer, including personal data as defined under relevant data protection legislation, for the purpose of GPL conducting applicable due diligence and identity checks, and the Buyer agrees that such third parties may retain the information shared in this way.
(c) Non-satisfaction of the conditions in this clause 9.3, including that the Buyer provides information requested by GPL to conduct identity verification, or determine compliance with anti-money laundering requirements, may result in immediate suspension of the Buyer's use of the services and also termination of this Agreement.
10.1 You agree that Your Funding Instrument details will be used by GPL to:
(a) Debit or charge You for the Purchase Amount, including all related fees, taxes or delivery charges, as applicable;
(b) Process all payments that are required to charge You for any other fees or charges arising from Your use of the Service.
(c) Where requested by You, pass to a third party for that third party to charge for goods or services that it will supply to You. This is an Unregulated Service provided to You by GPL. In such cases, after passing the Funding Instrument details to that third party, GPL will have no further involvement in Your transaction with that third party. This transaction is not a Funding Transaction. You should contact the third party or Your Funding Instrument provider (e.g. credit or debit card provider) directly regarding any issues with such third-party transactions, including refunds and disputes.
10.2 You authorise GPL to confirm that Your Funding Instrument is in good standing with the issuing financial institution or Operator and under Your control, including, but not limited to, by submitting a request for a payment authorisation and/or a low-value credit and/or debit amount to the Funding Instrument in accordance with the relevant card association rules.
10.3 You authorise GPL to obtain a credit report and/or to otherwise make credit or other background inquiries from time to time as GPL may deem appropriate to evaluate Your registration for, or continued use of, the services.
11.1 GPL agrees to provide the Service to You in order to facilitate Funding Transactions.
11.2 You must give consent to the execution of a Funding Transaction for it to be authorised. You agree that by using the Service to purchase a Product from a Seller, You are providing consent for the Funding Transaction to be processed and agree that once consent has been provided by You, the authorised Funding Transaction can no longer be revoked. You also agree that Sellers may refuse to process any order for a Product for any reason, and that until the Seller has submitted the Payment Order to GPL in accordance with clause 11.4, GPL is under no obligation to execute a Funding Transaction.
11.3 By using the Service, GPL will store information that You provide, such as Funding Instrument details and delivery information, and will process Funding and Refund Transactions through the appropriate credit card or debit card network, Operator or bank network.
11.4 Once You authorise the execution of a Funding Transaction, the Seller may submit the Payment Order to GPL, in accordance with GPL policies. On receipt of the Payment Order from the Seller, GPL will initiate transfer of the Purchase Amount from Your Funding Instrument to GPL. GPL will then issue You with an amount of E-money equal to the Purchase Amount at the latest when GPL receives valid corresponding funds from Your Funding Instrument, after which GPL will immediately transfer the issued amount to the Seller. GPL will not be responsible for, and does not control, when GPL receives the funds from Your Funding Instrument. You will be notified, through information in Your Account transaction history, when the Seller has submitted the Payment Order to GPL.
11.5 Funding Transactions may be rejected or delayed as provided in clause 6.5.
11.6 You hereby expressly authorise GPL to (or to procure a third party to):
(a) Charge or debit Your Funding Instrument as necessary to purchase E-money to complete the processing of a Funding Transaction;
(b) Credit to Your Funding Instrument such amounts as may be necessary to effect any reversal of a Funding Transaction, refunds or adjustment to the Purchase Amount, through the Service.
11.7 You acknowledge and agree that:
(a) The Seller's sales of Products are transactions between the Seller and You and not with GPL, Google or any of its affiliates, unless GPL, Google or any of its affiliates is expressly designated as a Seller or Buyer in the transaction; and
(b) Neither GPL, Google nor any of its affiliates is a Buyer, a Seller or a party in connection with any Funding Transaction, unless expressly designated as such in the listing of the Product on a Google Website or its terms of service.
(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 processing one or more times in the event that a prior payment transaction is declined or returned by the payment network.
11.8 E-money, and therefore the Service, is not subject to the Financial Services Compensation Scheme nor any public or private insurance scheme.
11.9 Operator Billing. Certain Sellers that accept Google Payments may permit You to have Your purchase billed to Your Operator Billing Account. These additional terms apply when You use Operator Billing through Google Payments:
(a) To register Your Operator Billing Account as a payment option, Google Payments requires Your mobile telephone number, and the name and billing address, including postcode, of the Operator Billing Account associated with that number. You consent to Your Operator providing this information to Google Payments, and You will review the information during sign-up for Operator Billing, and correct any inaccuracies. This information will be used by Google Payments for the purpose of establishing Your Operator Billing Account as a Funding Instrument in Your Google Payments Account, and for operating the Service. You also agree that GPL and Your Operator may share information with each other regarding Your Operator Billing activity in order to charge or credit Your Operator Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Funding Transactions, resolve disputes, provide customer support and for other Operator Billing-related purposes.
(b) When You choose to pay for a transaction with Operator Billing, You authorise the Seller and GPL to submit charges and credits to Your Operator, and Your Operator to make such charges and credits to Your Operator Billing Account, as necessary, to complete the Funding Transaction, or to complete the reversal, refund or adjustment of that Funding Transaction.
(c) You can use Operator Billing to purchase applications (e.g. downloadable or networked applications, wallpapers, ringtones, games and productivity tools) ('Apps') for and with Your compatible device from certain merchants on Google Play. These Apps are not sold by Your Operator, Google, GPL or Google Play. You can identify the Seller of the App at the point of purchase.
(d) Purchases made through Operator Billing are also subject to the terms & conditions of Your Operator Billing Account. You are responsible for any charges and related fees that may be imposed under Your Operator Billing Account terms & conditions as a result of Your use of Operator Billing.
(e) You may contact Your Operator's customer service if You have a question about the charges or fees billed to Your Operator Billing Account. If You have a question regarding Google Payments-related matters, You may contact Google Payments customer service. You should direct support questions regarding products, such as Android Apps, purchased through Operator Billing to the Seller from whom You purchased the App.
(f) Neither the Operator, Google, GPL nor Google Play are responsible for any product (including an App) purchased with Operator Billing, including download, installation, use, transmission failure, interruption or delay, refunds, third-party advertisements that You may encounter while using the product or App, alterations that any App may make to the functionality of Your device, including any changes that may affect Your Operator's plan, service or billing, or any content or website that You may be able to access through the App.
11.10 For Subscriptions/Recurring Transactions Purchases:
(a) In the event that the Service offers You the ability to pay for subscriptions, Your subscription will start when You click 'Accept & buy' (or equivalent phrase) for a subscription purchase. This is a recurring billing transaction and You will be charged automatically on a periodic basis. Unless otherwise stated, Your subscription and the relevant billing authorisation will continue indefinitely until cancelled by You.
(b) By clicking 'Accept & buy' (or equivalent phrase), You authorise the applicable Seller to issue a Payment Order for a Funding Transaction funded by Your chosen Funding Instrument each designated billing period for the subscription at the Purchase Amount. You further authorise the applicable Seller to charge the Purchase Amount to the alternate Funding Instrument, if You have selected one in Your Google Payments Account, in the event that the Seller is unable to charge to Your designated Funding Instrument for any reason.
(c) Your Funding Instrument will be billed for the Purchase Amount each billing period based on the date of the subscription purchase.
(d) You may cancel a subscription at any time by following the process described here, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.
(e) We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
(f)You have the right to a refund of an authorised Funding Transaction that is part of a subscription if: (i) You request the refund within eight (8) weeks of the debit date of the Funding Transaction; (ii) the Purchase Order did not specify the Purchase Amount when You authorised the Funding Transaction; and (iii) the Purchase Amount debited exceeds the amount that You could reasonably have expected, taking into account Your previous spending pattern, this Agreement and the circumstances of the case. GPL may ask You to provide additional information that is reasonably necessary to investigate the refund claim. Any refund or a justification for refusing a refund will be provided within ten (10) Business Days following the refund request, or, if GPL has asked You for additional information, within ten (10) Business Days of receiving the information.
13.1 You may only use the Service to process a Funding Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product, or for charitable donations made to the Seller where the Seller identifies its primary product type as non-profit and is verified by GPL as a registered and certified non-profit organisation. The Service may not be used to process a Funding Transaction, or otherwise transfer any E-money or monetary value to a Seller that is unrelated to a purchase of a Product, or for charitable donations made to a Seller that does not identify its primary product type as non-profit and is not verified by GPL as a registered and certified non-profit organisation.
13.2 The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travellers' cheques, prepaid cards, money orders, etc.). You may not use the Service to:
(a) Process Funding Transactions in connection with the sale or exchange of any goods or services that are illegal to sell or purchase in the country in which You are resident or accessing the Service from;
(b) Process Funding Transactions in connection with the sale or exchange of any goods or services that are illegal to sell or purchase in the country in which the Seller is resident or uses the Service from; or
(c) Use the Service in connection with any other underlying illegal transaction.
13.3 You agree that You will not use the Service to process Funding Transactions for any Products that violate the Agreement, other policies or rules applicable to the Service (as they may be updated from time to time) or applicable law. The current policy that establishes the Products and other transactions that may not be paid for with the Service is provided here. Failure to comply with these limitations may result in suspension or termination of Your use of the Service.
14.1 GPL will not charge You a fee to use the Service. However, other taxes or costs imposed by third parties may apply to Your use of the Service. For example, You agree and understand that the financial institution or Operator that issues Your Funding Instrument may charge You a fee in connection with the debiting or charging of the Funding Instrument resulting from the Funding Transaction. You should consult the terms and conditions governing Your Funding Instrument for more information about any such fees.
14.2 GPL will not perform any foreign currency exchange as part of the Service.
14.3 GPL will not charge You any interest in Your use of the Service.
15.1 GPL will provide various tools to assist You in communicating with Sellers to resolve a Dispute that may arise with respect to a transaction processed through the Service. If You are unable to resolve a Dispute, GPL can mediate a Dispute between You and a Seller, if either party requests assistance. If this occurs, GPL will review the Dispute and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions.
15.2 GPL may offer a feedback or other ranking system on the Service to assist You in evaluating Your experiences of using the Service. You acknowledge that any such feedback or ranking system represents solely the opinion of other users of the Service, and is not an opinion, representation or warranty by GPL with respect to other users of the Service.
15.3 Any claim or dispute arising under the Agreement, including a Service Dispute, or as a result of the provision of the Service by GPL should in the first instance be referred to GPL's customer service through the Buyer Help Centre. More information on the internal complaint handling procedures can be found here. You may refer any complaints not resolved to Your satisfaction to the Financial Ombudsman Service. You may contact the Financial Ombudsman by post: Exchange Tower, London E14 9SR; telephone: 0800 023 4567 or 0300 123 9 123; website: http://www.financial-ombudsman.org.uk; and email: complaint.info@financial-ombudsman.org.uk.
You may also refer any complaints not resolved to Your satisfaction to the Financial Ombudsman Service using the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show.
16.1 As You will be purchasing E-money through the Service and spending it immediately in the purchase of Products, You will not be able to redeem this E-money. In the event of a Refund Transaction from a Seller or from GPL, the E-money will be redeemed and the funds credited back to Your Funding Instrument.
16.2 If after termination of the Agreement there is an amount of E-money outstanding on Your Account, and subject to the successful completion of applicable anti-money-laundering, fraud and other illegal activity checks, GPL will without delay redeem the full amount of the outstanding E-money and initiate transfer of the amount to Your designated bank account.
16.3 If the outstanding amount of E-money cannot be redeemed in accordance with clause 16.2, You have six (6) years following termination of the Agreement to request the redemption of the outstanding amount in full, after which time any E-money left in Your Account becomes the property of GPL. For the purposes of this clause 16.3, the Agreement terminates when You are no longer able to use Your E-money for the purpose of making Funding Transactions, including but not limited to instances when Your Account is suspended as permitted under the Agreement. If Your right to use Your E-money is restored within six (6) years, the deemed termination will not be effective. GPL may, at its discretion, restore Your Account and any associated E-money after the 6-year period has elapsed. Any redemption made pursuant to this clause 16.3 is subject to the successful completion of applicable anti-money-laundering, fraud and other illegal activity checks and You agree to provide the information requested by GPL in order for GPL to complete these checks.
16.4 Nothing in clause 16.3 limits GPL's right to terminate the Agreement pursuant to clause 19.4 and/or redeem pursuant to clause 16.2.
17.1 In the event of an unauthorised or incorrectly executed Funding Transaction, You are only entitled to redress under this clause 17 if You notify GPL of the unauthorised or incorrectly executed Funding Transaction without undue delay upon becoming aware of the transaction, and in any case no later than thirteen (13) months after the debit date (which will be the same date that the funds have been taken from Your Funding Instrument). However, this time limit does not apply if GPL did not provide or make available the relevant transaction information to You as required by law (for example, in Your online Account transaction history).
17.2 Where You are entitled to redress in the case of an unauthorised Funding Transaction, GPL will refund the amount of the unauthorised Funding Transaction as soon as practicable, and in any event no later than the end of the Business Day on which GPL becomes aware of any such transaction, and, where applicable, restore Your Account to the state it would have been in had the unauthorised Funding Transaction not taken place. In practice, this means that E-money equivalent to the value of the Funding Transaction will be credited to Your Account, redeemed and immediately credited back to Your Funding Instrument. Where GPL has reasonable grounds to suspect fraudulent behaviour by You in relation to Your claim for an unauthorised transaction, GPL will first conduct an investigation before deciding whether to refund, and will notify You of the outcome of the investigation as soon as possible.
17.3 Where GPL has incorrectly executed a Funding Transaction, GPL will without undue delay refund the amount of the incorrectly executed Funding Transaction and, where applicable, restore Your Account to the state it would have been in had the incorrectly executed Funding Transaction not taken place. GPL will, on Your request, make immediate efforts to trace any incorrectly executed Funding Transaction and notify You of the outcome.
17.4 If You have acted fraudulently or have with intent or gross negligence failed to comply with the aspects of the Agreement relating to Your Account, You will be liable for all losses incurred in respect of unauthorised transactions, and if a refund has already been made in such cases, GPL has the right to debit Your Account with the amount of the refund. GPL may conduct an investigation prior to or after a refund for an unauthorised transaction.
18.1 GPL does not represent or endorse, and will not be responsible for:
(a) The safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any Content displayed or distributed, purchased or paid for through the Service; or
(b) Your ability to buy Products or the ability of Sellers to deliver Products to You.
18.2 GPL reserves the right, but will have no responsibility to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPL's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of the Agreement.
19.1 The Agreement will continue to apply until terminated by either You or GPL as set out below.
19.2 If You want to terminate Your legal agreement with GPL, You may do so immediately and without charge at any time by:
(a) Notifying GPL in accordance with clause 23.5 below; and
(b) Closing Your Accounts for the Service.
Your right to terminate under this clause 19.2 includes Your statutory right of withdrawal from the Agreement under the applicable legislation implementing Directive 2002/65/EC.
19.3 GPL may at any time terminate its legal agreement with You without notice if:
(a) You have breached any material provision of the Agreement (or have acted in a manner which clearly shows that You do not intend to, or are unable to comply with the material provisions of the Agreement); or
(b) GPL is required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful).
19.4 Unless a shorter period is provided in this Agreement, as permitted by law, GPL may at any time terminate the Agreement by giving You two (2) months' notice.
19.5 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and GPL have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or that are expressed to continue indefinitely will be unaffected by this cessation, and the provisions of clause 24.6 will continue to apply to such rights, obligations and liabilities indefinitely.
20.1 GPL, its Subsidiaries and Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the services.
20.2 In particular, GPL, its Subsidiaries and Affiliates (and their licensors) do not represent or warrant to You that:
(a) Your use of the services will meet Your requirements;
(b) Your use of the services will be uninterrupted, timely, secure or free from error; and
(c) Any information obtained by You as a result of Your use of the services will be accurate or reliable.
20.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the Agreement.
20.4 Nothing in the Agreement will affect those statutory rights that You are always entitled to as a consumer and that You cannot contractually agree to alter or waive.
21.1 Nothing in the Agreement will exclude or limit GPL's liability for losses that may not be lawfully excluded or limited by applicable law.
21.2 Subject to clause 21.1 above, GPL, its Subsidiaries and Affiliates (and its licensors) will not be liable to You for:
(a) Any indirect or consequential losses that may be incurred by You. This will include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by You;
(b) Any loss or damage that may be incurred by You as a result of:
(i) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the GPL Website;
(ii) Any change that GPL may make to the services, or any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) Malfunction of the services;
(iv) The deletion of, corruption of or failure to store any communications data maintained or transmitted by or through Your use of the services;
(v) Your failure to provide GPL with accurate account information; and
(vi) Any fraudulent use of the services by You.
21.3 However, GPL will reimburse You for any charges or interest that You incur as a consequence of the non-execution or incorrect execution by GPL of a Funding Transaction.
22.1 You agree that GPL may make changes to the Agreement from time to time. When these changes are made, GPL will, except where a shorter period is provided in this Agreement, as permitted by law, give You two (2) months' notice of such changes by email sent to Your email address before their proposed date of entry into force.
22.2 You understand and agree that You will be deemed to have accepted the changes unless You notify GPL to the contrary by notice as provided in clause 23.5 prior to the date on which the changes are to come into effect, in which case the Agreement will terminate without charge immediately before the effective date of the changes. You also have the right to terminate the Agreement immediately and without charge at any time before the effective date of the changes.
22.3 Nothing in clause 22 will limit:
(a) GPL's right to update and revise its policies from time to time or to add new features from time to time without prior notice, which may be accepted by You by using the new feature. Such revisions may take place using a method chosen at GPL's discretion and such method may include email communication or publication on a Google Website;
(b) The parties' right to vary the terms of this clause 22 where the variation is not prohibited by law and both parties agree to it.
22.4 Changes to an Unregulated Service can be introduced by email with fourteen (14) days' notice.
23.1 All information will be made available or provided to You in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English.
23.2 Statements, notices and other communications to You may be made by mail, email, postings on the GPL Website or other reasonable means.
23.3 GPL may communicate with You regarding the services by means of electronic communications, including (a) sending email to Your email address, or (b) posting notices or communications on the GPL Website. You agree that GPL may send electronic communications to You in relation to any matter relating to Your use of the services, including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the services and payment authorisations. Particular communications will be handled as follows:
23.4 You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy, and information that is provided to You in an electronic format is provided under the assumption that You will be able to print or save such information.
23.5 Any notice sent to GPL under the Agreement should be sent by registered post to Google Payment Limited, 5 New Street Square, London EC4A 3TW, United Kingdom, and marked for the attention of 'Google Payments Team', except that:
23.6 You will be able to view Your transactions free of charge in Your online Account transaction history, which is updated at least monthly, and You agree not to receive paper statements. From 13 July 2018, GPL will send You a link to Your online transaction history by email monthly and free of charge unless You separately request GPL not to receive the monthly statement by email, and request to have the information about Your transactions made available to You in Your online Account transaction history only. Upon Your request we may at our discretion provide You with additional statements, paper or otherwise, of the transactions, but in this case we may charge You a reasonable administration fee.
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 prompting You to contact GPL. In addition, GPL may also send an email to Your secondary email address, or an SMS to Your phone number, if provided.
24.1 The headings to the clauses of this Agreement are for ease of reference only and will not affect the interpretation or construction of the Agreement.
24.2 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
24.3 Unless otherwise expressly stated in the Agreement, all amounts stated in the Agreement are denominated in Euro.
24.4 The Agreement constitutes the whole legal agreement between You and GPL and governs Your use of the services (but excludes any services which GPL may provide to You under a separate written agreement), and completely replaces any prior agreements between You and GPL in relation to the services.
24.5 You agree that if GPL does not exercise or enforce any legal right or remedy that is contained in the Agreement (or that GPL has the benefit of under any applicable law), this will not be taken to be a formal waiver of GPL's rights and that those rights or remedies will still be available to GPL.
24.6 If any court of law, having the jurisdiction to decide on a matter relating to the Agreement, rules that any provision of the Agreement is invalid then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
24.7 You may not assign the benefit of the Agreement, or otherwise subcontract or transfer any of Your rights or obligations under the Agreement, without the prior written approval of GPL. GPL may assign the benefit, or otherwise subcontract or transfer its rights and obligations under the Agreement, to any third party without notice to You and without Your consent except where this results in a change to Your payment services and E-money regulation rights under the Agreement, in which case GPL will provide You with a notice in accordance with clause 22.
24.8 You acknowledge and agree that each member of the group of companies of which GPL is the parent will be a third-party beneficiary to the Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Agreement that confers a benefit on (or rights in favour of) them. Other than this, no other person or company will be a third-party beneficiary to the Agreement.
24.9 The Agreement, and Your relationship with GPL under the Agreement, will be governed by English law except that any additional consumer rights under the laws of the Republic of Ireland will also apply. You and GPL agree to submit to the jurisdiction of the courts of the Republic of Ireland to resolve any legal matter arising from the Agreement. Notwithstanding this clause 24.9, You agree that GPL will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.