Terms and Conditions - Nochex Consumer MOTO Service
These are the terms of service for single payment transactions entered into between You (the consumer) and Nochex, the payment service provider.
We want to make sure that You are happy and comfortable using the Nochex payment system. We are conscious of our legal obligations to You and your rights as a user of our payment service.
To help You understand Nochex we have set out a description of the service we offer together with the terms and conditions of the contract that will apply to your use of the Nochex Mail-Order-Telephone-Order (henceforth MOTO) service.
1. Definitions and Interpretations
1.1. In this contract:-
"Acceptable Use Policy" means the Nochex Acceptable Use Policy as may be amended from time to time and as published on the Nochex website which can be viewed at www.nochex.com;
"Card" means a current debit or credit card that the Company may accept for processing and "Cardholder" means the legitimate and rightful holder of the Card;
"Card Issuer" means a financial institution that issues Cards to Cardholders;
?Merchant? shall mean the holder of a Nochex MOTO Merchant account;
?MOTO Service? means a one-time payment transaction during which the payment from You to your chosen Merchant is facilitated;
?Nochex? means Nochex Limited (Company Number 03940921) whose registered office is at 103 Clarendon Road, Leeds West Yorkshire, LS2 9DF;
?Our and We and Us? means Nochex;
?You? means the consumer that accepts these terms which authorise Nochex to undertake a single payment transaction on your behalf.
2. The Nochex Service
2.1. The MOTO Service is a Payment Facilitation service. This service provided by Nochex enables You as a consumer to make payments to your chosen Merchant by telephone.
2.2. When You use the MOTO Service, and your payment has been authorised by your Card Issuer, your Card will be charged with the value of your transaction and We will immediately facilitate Your payment to the Merchant, and notify You by email that we have done so, at the email address you provided to the Merchant;
2.3. MOTO Service payments may only be made by You to Merchants and are irrevocable. Once made, a MOTO Service payment cannot be cancelled by either You, the Merchant or by Nochex.
3. Eligibility to use the Nochex MOTO Service
3.1. You must be at least 16 years old to use the Nochex MOTO Service.
3.2. You must at all times have a valid email address to which information from us can be sent to You, and that email address must be provided by you to the Merchant at the time you initiate the MOTO payment. Anyone that You instruct Us to send Your MOTO payment to must be a Merchant.
4. Using the Nochex MOTO Service
4.1. You must on our reasonable request provide us with certain items of personal information in order to make use of the Nochex MOTO Service. Any information You give to us in relation to your Nochex MOTO account must be accurate and true.
4.2. This information will include your name and postal address, Your valid email address and your Card details.
4.3. By using the MOTO Service You agree to Nochex undertaking which ever checks We may feel necessary to make, either for commercial or legal reasons, to confirm your identity and to ensure You are the legitimate holder of the Card.
4.4. There is a limit to the value of any single transaction that can be facilitated for You. This limit is specific to each Merchant.
4.5. Your Card details are transmitted by the Merchant to Us and then dispatched by Us over secure networks for authorisation. At no time is your card number stored on Our system and Our staff do not have access to your card number
5. Currency
5.1. All Nochex MOTO transactions are denominated in UK Pounds Sterling.
6. Nochex MOTO Service charges and fees
6.1. There is no charge made to You by Nochex when You use the MOTO Service in order to facilitate a payment using your debit or credit card.
6.2. Upon facilitation of Your MOTO transaction, We shall email You a transaction confirmation.
7. Ceasing to use the Nochex MOTO Service
7.1. We may terminate Our contract with You and suspend or terminate your use of the MOTO Service at any time. Please also read the terms below in relation to circumstances where We may terminate or suspend Your account immediately due to suspected criminal use in connection with your use of the MOTO Service.
7.2. We may suspend your use of the MOTO Service immediately if We reasonably think that:-
7.2.1. You have given us any false information in connection with your use of the service;
7.2.2. Your use of the service results in illegal activity (by You or by someone else); or
7.2.3. You are in breach of any of the conditions contained in these terms.
8. Refunds
8.1. Refunds for previous payments that have been authorised by You can be requested by You from the Merchant. If a payment is facilitated to a Merchant for You using the MOTO Service, that payment is made immediately and it is for this reason that it cannot be cancelled once the payment instructions have been received by Us.
9. Responsibilities of Nochex
9.1. Should any sums have been deducted fraudulently from your Card it is the responsibility of your bank or Card Issuer to ensure that any such sums are refunded back to You.
9.2. We will not be responsible to You for any loss or damage You may suffer where We refuse to or are unable to carry out the Payment Facilitation of Your transaction and Our refusal or inability is allowed under these Conditions.
9.3. We may be unable to carry out Your instructions due to circumstances beyond our reasonable control, for example if there is a server outage. If this happens, We will carry out your instructions as soon as we are reasonably able to do so but we will not be responsible to You for any losses that You may suffer.
9.4. Nothing in these Conditions limits Our liability for death, personal injury caused by Our negligence or any deliberate misrepresentations made by Us to You.
9.5. Nochex will always try to ensure that Your payments are properly executed. However we will be unable to complete payments using the MOTO Service where:
9.5.1. Any request to facilitate a payment for You using your Card is refused by your Card Issuer.
9.5.2. We reasonably believe that You may be involved in criminal activity;
9.5.3. You have provided us with incorrect or out of date information; or
9.5.4. There are circumstances beyond our reasonable control, which do not allow us to send the payment promptly.
9.6. Nochex will not be liable for any charges, taxes or other duties in relation to any goods and services paid for by You using the MOTO Service.
10. Disputed Payments
10.1. It is your responsibility to ensure the correct identity of the Merchant to whom You authorise a payment to be sent.
10.2. You should note that in particular, all payments made by You are final and not reversible once the recipient has received the payment sent by Us.
10.3. Where You dispute a transaction between You and another party, Nochex will not enter into any payment dispute by You and any other person other than to confirm that the instructions to facilitate the payment was given at the payment time and date, and that the payment was duly facilitated and remitted immediately to the Merchant in accordance with the instructions You gave to the Merchant. We cannot arrange for money to be given back to You where You believe the payment was made incorrectly by You.
10.4. We are responsible for ensuring that the payment which You requested to be facilitated were promptly and duly made to the Merchant. We are not responsible for any goods or services purchased by You from a Merchant using the MOTO Service.
11. Personal & Security Issues
11.1. We will use all reasonable measures to keep secure and to prevent unauthorised access to Our service and information relating to You relayed to Us by the Merchant when using the MOTO Service.
12. Nochex MOTO Service
12.1. If You use the MOTO Service it is important that You understand that:-
12.1.1. Our service is limited to providing You with a Payment Facilitation service allowing You to make telephone payments to Nochex Merchants; however We do not have any responsibility for any goods or services which You purchase from Merchants.
12.1.2. Use of the MOTO Service does not ensure the quality, safety or legality of the transaction You are undertaking with the Merchant;
12.1.3. We are not an escrow service which means that We will not hold any money belonging to You that You may wish to pay to another if a certain event occurs. For example, if You buy goods in an auction, We will not hold any money on your instruction that We should only pay the recipient when You have received the goods that You have bought.
13. Notifying You of a Payment
13.1. Upon facilitation of Your MOTO transaction, We shall email You a transaction confirmation.
13.2. In order to ensure You receive Our confirmation email We recommend You add payments@nochex.com to your email safe list.
14. Time of Payment
14.1. Subject to the MOTO transaction limits and subject to You having sufficient authorised funds on your card to make the proposed payment, We will, if provided with your correct details, send any payment You request immediately unless there are circumstances beyond Our reasonable control. If such circumstances do arise, We will facilitate the payment as soon as We are reasonably able to do so.
15. Transaction Limit
15.1. As a security measure, We may from time to time impose reasonable transaction limits on your use of the MOTO Service. For this reason, We cannot be responsible for any payments that are not made because of any security measure limit that may arise from time to time.
16. Criminal Activity
16.1. We can refuse to act on an instruction if for any reason:-
16.1.1. We think that it was not given by You;
16.1.2. The instruction might cause Us to breach any law or any contracts which We may have with others; or
16.1.3. If we reasonably think that your use of the MOTO Service is being or may be used for illegal purposes.
16.2. We may monitor all transactions, refuse or prevent payment instructions or terminate Our contract with You immediately where We reasonably believe that You have used the MOTO Service for illegal purposes. You may also be liable to face criminal prosecution as We may inform the police and other law enforcement agencies of your actions.
17. Acceptable Use Policy
17.1. It is a mandatory condition of applying to use the MOTO Service that You agree You will adhere to the Acceptable Use Policy as published on the website from time to time at www.nochex.com
18. Changes to the Contract
18.1. From time to time at our absolute discretion We may change the Terms and Conditions for the MOTO Service. This contract is for a single payment transaction and does not constitute a series of transactions or multiple contracts. As these terms may vary from time to time we recommend you read them on each occasion that You use the MOTO Service. If You have any questions as to how they may affect You, do not hesitate to email Us with your queries to esupport@nochex.com.
19. Data Protection
19.1. Nochex is registered as an Electronic Money Issuer with the Financial Conduct Authority (Number 900045). As a UK based financial service We have an obligation by law to ensure We meet with industry requirements to combat crime and prevent money laundering. One of these obligations is to ensure We satisfactorily identify our users.
From time to time Nochex may therefore ask You to provide proofs of identification.
The identification process may involve checking the details supplied by You with databases operated and accessed by identity management companies, credit reference agencies and fraud prevention agencies.
A record of this search will be retained by the Company and may be used to help other companies to verify your identity. We may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and Our Merchants from theft and fraud. If You give false or inaccurate information and We suspect fraud, We may record this and share this information with other organisations. By accepting these Terms and Conditions You grant the Company authority to undertake such identity checks as are required from time to time and to forward these details on to other organisations as detailed above.
Failure to provide when requested, acceptable proofs of identity will lead to the suspension or closure of your access to the MOTO Service.
19.2. We may also contact your bank to confirm that the name and address You have supplied to us in relation to the Card You have used with the MOTO Service corresponds with the records held by your bank.
19.3. Where You send Us any details about yourself or others, We will ensure that We hold this information in accordance with the Data Protection Act 1998.
20. Complaints and Legal Disputes
20.1. We want your experience of using the Nochex service to be as smooth as possible. If for any reason you are dissatisfied with the level of service We have provided or maybe you just have a query regarding a Nochex transaction on your card then We would like to hear from you. If this is the case then for further information including details of how to contact our customer services team please follow the ?Shopper Support? link on our website or go to ?www.nochex.com/shoppers?.
20.2. Information regarding our complaint handling procedures can be requested from Our customer services team by visiting ?www.nochex.com/shoppers?. Our complaint handling procedures are designed to rectify any disputes you have with the Nochex service efficiently and in a reasonable timeframe. After following our complaints procedure if you are still not satisfied with the outcome of your complaint then eligible complaints about Our service can be referred to the Financial Ombudsman Scheme details of which can be requested by contacting our customer services team.
20.3. The Terms and Conditions of this Agreement and the relationship between You and Nochex shall be governed by the laws of England. All disputes, controversies and claims arising out of or relating to the use of the MOTO Service or to these Terms and Conditions shall be resolved by the English courts.
20.4. If any provision of this Contract is held invalid or unenforceable by any court of law, it is the intention of the parties that all other provisions of this Contract be construed to remain fully valid.
20.5. The Consumer may not assign this Contract or any rights hereunder, directly or by operation of law.
20.6. Nochex and You are the only parties who may rely on or enforce these Conditions and for this reason the Contract (Rights of Third Parties) Act 1999 is excluded.
20.7. If either You or We are in breach of these arrangements neither of us shall be responsible for any losses that the other suffers as a result except those losses which are a foreseeable consequence of the breach. We do not charge You for using the MOTO Service and You accept we cannot be held responsible for any loss of profits that You may suffer as a result of any breach under these arrangements.
21. About Us
21.1. Nochex is not a bank and as such is not subject to UK banking rules and regulations. We are however registered as an Electronic Money Issuer with the Financial Conduct Authority under registration number 900045.
21.2. Nochex is registered as a Payment Facilitator with MasterCard and as a Service Provider with Visa.
21.3. Our Consumer Credit licence number is 632989;
21.4. We are registered in England and Wales under company registration number 03940921 and our registered office is located at:
Nochex Ltd
103 Clarendon Road
Leeds
West Yorkshire
LS2 9DF
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