Terms and Conditions
Nochex Consumer Xtra Service
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 web site.
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 Nochex Xtra account. You should make sure that you read both the service arrangements and the terms and conditions carefully.
I. The Nochex Service
1. The Service
1.1 The Nochex Xtra Service enables you as a consumer to purchase Emoney and send Emoney payments to Nochex Merchants or Nochex Sellers (together referred to as Merchants) using the Nochex Xtra Service.
1.2 When you purchase and send Emoney using the Nochex Xtra Service, the value of the Emoney will be charged to your debit or credit card providing that the proposed Emoney payment meets the Nochex Xtra criteria. Once we have received your instructions and had the payment authorised by your card issuer we will immediately send the Emoney payment to the Merchant’s Nochex account, and notify you both that we have done so.
1.3 Xtra payments can only be made by you to Merchants with Xtra enabled accounts and are irrevocable. Once made an Xtra payment can not be cancelled by either you or Nochex.
2. Membership Eligibility to use the Nochex Xtra service
2.1 You must be at least 16 years old to use the Nochex Xtra service.
2.2 You must at all times have a valid email address to which information from us can be sent to you. Anyone who you instruct us to send Emoney to must hold a registered Merchant account (comprising either a Nochex Merchant, a Nochex Seller or a Nochex Seller Company account) and they must also have a valid email address.
2.3 You must hold a valid debit card or valid credit card where the statement is sent to your home address in the UK.
3. Using the Nochex Xtra Service
3.1 You must provide us with certain items of personal information in order to make use of the Nochex Xtra service. Any information you give to us in relation to your Nochex Xtra account must be accurate and true.
3.2 This information will include your name and postal address, a valid email address and your card details.
3.3 By applying to use the Nochex Xtra service you agree to Nochex undertaking which ever checks we may feel necessary to make either for commercial or legal reasons to confirm that you are the legitimate holder of your registered debit or credit card.
3.4 Providing that you successfully pass the Nochex verification the Nochex Xtra service will allow you to send Emoney to Xtra enabled Merchants.
3.5 You may only have a maximum of one debit card and one credit card registered with your Nochex Xtra account at any one time. Both of those cards have be cards issued by a UK financial institution and the statements must be sent to your home address within the United Kingdom.
3.6 There is a limit to the number of times that you may use the Nochex Xtra service and a limit to the cumulative value of payments that you can make using the Nochex Xtra service. Currently the cumulative value is £1,000 worth of transactions.
3.7 There is a limit to the value of Emoney that you can send to a Nochex Seller using the Nochex Xtra service. Currently, the default Nochex Seller limit is £100 per transaction.
3.8 At any time you can apply to Nochex Customer Support to upgrade to a Nochex Standard account.
3.9 The information you give to us about yourself and your debit and/or credit card details will at all times be kept secure and confidential.
4. Currency
4.1 Currently all Nochex transactions are denominated in UK Pounds Sterling.
II – Nochex Xtra Terms and Conditions
1. Current Nochex Xtra service charges
1.1 There is no charge made to you by Nochex when you purchase Emoney either from your bank account (via your registered debit card) or from your credit card, and send it to an Xtra enabled Nochex account.
Before completing any Xtra transaction that you make using Nochex you will be required to confirm the amount of Emoney that you are sending to the Xtra enabled Nochex account, and to confirm your date stamped acceptance of these terms and conditions.
2. Ceasing to use the Nochex Xtra service
2.1 You may cease to use the Nochex Xtra service at any time by emailing us.
2.2 We may terminate our contract with you and suspend or terminate your use of the Nochex Xtra service at any time. Please also read the terms below in relation to where we may terminate or suspend your account immediately due to suspected criminal use in connection with your use of the Nochex Xtra service.
2.3 We may suspend your use of the Nochex Xtra service immediately if we reasonably think that: -
2.3.1 You have given us any false information in connection with your use of the Nochex service;
2.3.2 Your use of the service results in illegal activity (by you or by someone else); or
2.3.3 You have been in persistent breach of these conditions.
3. Refunds
3.1 If a payment is made by you using the Nochex Xtra service to a Merchant, that payment is made immediately and it is for this reason that it cannot be cancelled once we have received your payment instructions.
4. Responsibilities of Nochex
4.1 We will be responsible to you for any loss or damage you may suffer which results directly from any unauthorised access to your personal details provided by you when using the Nochex Xtra Service as long as we could have reasonably prevented such unauthorised access.
4.2 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.
4.3 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 your instructions and our refusal or inability is allowed under these Conditions.
4.4 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 able to do so but we will not be responsible to you for any losses that you may suffer.
4.5 Nothing in these Conditions limits our liability for death, personal injury caused by our negligence or any deliberate misrepresentations made by us to you.
4.6 Nochex will always try to ensure that your payments are properly made. However we will be unable to complete payments using the Nochex Xtra service where:
4.6.1 Any request to purchase Emoney and load from your card is refused by your card issuer;
4.6.2 We reasonably believe that you may be involved in criminal activity;
4.6.3 You have provided us with incorrect or out of date information; or
4.6.4 There are circumstances beyond our reasonable control, which do not allow us to send the payment promptly.
4.7 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 Nochex Xtra service.
5. Disputed Payments
5.1 It is your responsibility to ensure the correct identity of the person to whom an Emoney payment is sent.
5.2 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 in accordance with your instructions.
5.3 Where you dispute a transaction between you and another party, Nochex will not enter into any payment disputed by you and any other person other than to confirm that the payment was made in accordance with the instructions you gave to us. We cannot arrange for money to be given back to you where you believe the payment was made incorrectly by you.
5.4 We are not responsible for any goods or services paid for by you using the Nochex service.
6. Personal & Security Issues
6.1 We will use all reasonable measures to keep secure and to prevent unauthorised access to our Internet service and information provided by you when using the Nochex Xtra service
7. Payment Instructions
7.1 You alone are responsible for the instructions you give to us and for this reason we may not be able to detect errors in your instructions to us.
8. Nochex Xtra service
8.1 If you use the Nochex Xtra service it is important that you understand that: -
8.1.1 Our service is limited to providing you with a secure Emoney payment facility allowing you to purchase and spend Emoney. For this reason, we do not have any responsibility for any goods or services for which you pay using the Nochex Xtra service;
8.1.2 Use of the Nochex Xtra service does not ensure the quality, safety or legality of the transaction you are undertaking;
8.1.3 We are not a bank and as such are not subject to UK banking rules and regulations. Nochex is however an e money issuer and we do operate within the rules of the Small E Money Issuers Certificate granted by the Financial Services Authority on 1st October 2002 and are regulated by H M Customs and Excise as a Money Service Business;
8.1.4 In order for us to run our business lawfully, in exceptional circumstances, we may need to suspend your right to access the Nochex Xtra service for up to 30 days. We will try to give you notice as soon as possible if this happens although we may not be able to tell you beforehand. If you want to terminate your use of the Nochex Xtra service t when it is suspended, we will act on your instructions at the end of the suspension period; and
8.1.5 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 you have bought.
9. Notifying You of a Payment
9.1 You will be informed on the website that your instructions have been received by us. We will also send an email to both you and the person due to receive payment once the payment has been sent. You can assume that the payment has been sent when confirmation is displayed on the Nochex web-site. We require valid email addresses to ensure that you receive notification of any transactions that you make. It is for this reason that we require a valid e-mail address and we will not be responsible for any undelivered email communication or any payments you may make to maintain Internet access or a valid email address.
10. Time of Payment
10.1 Subject to the Xtra transaction limits and subject to you having sufficient available authorised funds on your card to make the proposed Emoney purchase we will if provided with the correct details as described in paragraph 1 of the Nochex Service Arrangements, send any sums you request to be made immediately unless there are circumstances beyond our reasonable control. If this happens, we will transfer the appropriate sums as soon as we are able to do so.
11. Transaction Limit
11.1 As a security measure, we may from time to time impose reasonable transaction limits on your use of the Nochex Xtra service. For this reason, we cannot be responsible for any payments that are not made because of any security measure limit notified to you in advance of any payment instructions you send to us.
12. Criminal Activity
12.1 We can refuse to act on an instruction if for any reason: -
12.1.1 We think that it was not given by you;
12.1.2 The instruction is not clear;
12.1.3 The instruction might cause us to breach any law or any contracts which we may have with others; or
12.1.4 If we reasonably think that your use of the Nochex Xtra service is being or may be used for illegal purposes.
12.1.5 If we reasonably think that your use of the Nochex Xtra service is being or may be used for betting gaming or gambling
12.2 You must not hack, modify, tamper nor corrupt neither the Nochex website nor your or any other users Nochex account. We may close your account and terminate our contract with you immediately if you do tamper with our website or systems.
12.3 We may monitor all transactions, refuse or prevent withdrawals or payment instructions or terminate our contract with you immediately where we reasonably believe that you have used the Nochex Xtra service for criminal reasons. You may also be liable to face criminal prosecution as we may inform the police of your actions.
13 Gambling Betting and EGold
13.1 It is a mandatory condition of applying to use the Nochex service that you agree that you will not use the service for Gambling or Betting or the purchase or exchange of EGold.
14. Changes to the Contract
14.1 From time to time at our absolute discretion we may change the arrangements for use of the Nochex site and account. On each occasion that you use the Nochex Xtra service, you should ensure that you read any changes to the Nochex Xtra Terms and Conditions and if you have any questions as to how they may affect you, do not hesitate to email us with your queries.
15. Data Protection
15.1 Nochex are certified by the Financial Services Authority as an e-money issuer and registered with HM Customs & Excise as a Money Service Business (Registration Number 12126734). 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. Failure to provide acceptable proofs of identity will lead to the suspension or closure of your access to the Nochex Xtra service.
15.2 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.
15.3 We are legally obliged to verify your identity to prevent money laundering. This may involve checking the details you supply against those held on any database Experian – the credit reference agency – has access to. This includes information from the Electoral Register and fraud prevention agencies. We will use scoring methods to verify your identity. A record of this search will be kept 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 customers 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 agreeing to accept our Terms and Conditions, you give us authority to undertake such a search if we require.
15.4 We may also contact your bank to confirm that the name and address you have supplied us with in relation to the card you have registered when you use the Nochex Xtra service corresponds with the records held by your bank.
16. Other Points to Note
16.1 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. The charge we make to you for use of the Nochex Xtra service assumes that you are using the account for personal and not business use. For this reason if you use your use of the Nochex Xtra service for business or commercial reasons, we cannot accept responsibility for any loss of profits that you may suffer as a result of any breach under these arrangements.
16.2 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.
16.3 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 Nochex Xtra service or to these Terms and Conditions shall be resolved by the English courts.
23rd January 2007
