User Terms & Conditions
Introduction
These terms and conditions of usage constitute the agreement between you and Vidicom Limited of Millennium House, Peak Business Park, Foxwood Road, Chesterfield, Derbyshire, S41 9RF, United Kingdom relating to your use of the Mobillcash payment system, henceforth referred to as "the Agreement".
Vidicom reserves the right to alter these terms and conditions from time to time by posting notice of any changes on its Mobillcash website at http://www.mobillcash.com/terms.php. Any changes will take effect 14 days after the date of posting on our site, and shall apply to your use of the Mobillcash payment service after that 14 day period.
The Mobillcash payment system offers you the ability to make online payments without credit or debit cards by charging the amount to your mobile phone bill. Vidicom provides Mobillcash as a mobile payments processing service to web businesses, allowing you to purchase digital goods or services from merchants by using your mobile phone.
Acceptance of Terms and Conditions
By selecting the Mobillcash payment option online, and confirming your acceptance of the payment amount by text message, you agree to be bound by the terms and conditions set out in this Agreement in relation to any use of the Mobillcash payment system.
The amount that may be transacted using the Mobillcash payment system is determined by the applicable regulatory authorities, and the policies of the Mobile Network Operators and Carriers, in each country in which the Mobillcash payment service is available. Please contact your mobile phone service provider for more information regarding the laws and regulations which apply to you.
We reserve the right to refuse to process any payment via the Mobillcash payment system if we have reason to suspect that any breach of any applicable law or regulation has occurred or is likely to occur.
Making Payments using Mobillcash
You may use the Mobillcash payments service to purchase digital goods and services online from merchants who have registered to accept Mobillcash payments, henceforth referred to as a "Merchant".
Paying with Mobillcash is as easy as selecting your country, entering your mobile phone number in the field provided on the Merchant's payment page online, and clicking the 'PAY' button. You will then receive a text message from us with the payment details, and a request for you to confirm the transaction by replying to that text message with the word 'yes' or other applicable keyword. Once you have sent us confirmation by SMS, we process the payment to your mobile or cell phone bill.
We will inform the Merchant when the payment has been processed successfully, so that they can provide you with the digital goods or service that you have paid for. This takes place via the integration of our payment system with the Merchant. As a customer you can also obtain this information at http://www.vidicom.co.uk/support-enduser.php
Once the payment has been processed to your mobile phone bill, Vidicom will pass that money on to the Merchant. At no time do we store that money, and Vidicom corporate accounts are kept separate at all times. There is no further involvement between the Merchant and Mobillcash, and Vidicom is in no way liable for the delivery of digital goods or access to digital services.
Termination
Vidicom may terminate this Agreement immediately if:
- you are in breach of any of the terms of this Agreement; or
- we have reason to believe there has been or may be some illegality or fraud or misuse of the Mobillcash payment system.
Suspension of Service
Despite our best efforts, Vidicom can give no warranty or representation that our Mobillcash payment system will be available at all times. Vidicom reserves the right to suspend its system for maintenance or upgrades when it is deemed necessary, but will endeavour to do so at a time of day that will have the lowest possible impact. Vidicom will make all reasonable effort to minimize any periods during which the system is unavailable and where possible will try post notice of such suspension on both the Vidicom and Mobillcash website.
Exclusion of Representation and Warranties
Vidicom makes no warranty or representation, either express or implied, as to the suitability or fitness for purpose of the Mobillcash payment system.
Vidicom gives no warranty, makes no representation and disclaims all liability so far as the law allows with respect to the quality, availability, legality, delivery or any other aspect of your dealings with Merchants or of the products or services that you purchase or intend to purchase from them.
The process by which Vidicom authorises merchants to accept payment through the Mobillcash payment system does not involve any assumption of responsibility or investigation as to those merchants' dealings with any particular consumers and you therefore deal with Merchants entirely at your own risk. Any grievance you may have with a Registered Merchant must be pursued with that merchant and not with Vidicom.
Limitation of Liabilities
You acknowledge that Vidicom is solely in the business of providing an online payment service which processes the payment amount through your mobile phone bill and to the Merchant. You further acknowledge that some limitation of liability on Vidicom's part is reasonable and customary in an Agreement such as this.
Accordingly, you agree that Vidicom shall not be liable for:
- the non-delivery of goods or services by the Merchant for any reason;
- any delay or failure to carry out Vidicom's obligations under this Agreement arising from maintenance or upgrade of the system, or failure of the system or other event beyond our reasonable control;
- any direct or indirect loss or consequential loss or damage arising from any delay or failure to carry out Vidicom's obligations under this Agreement, any loss of profits, business, revenue or opportunity; or save that nothing in this Agreement shall purport to exclude or limit the liability of either party for death or personal injury.
Save in relation to death or personal injury, in no circumstances shall Vidicom's liability hereunder exceed the total value amount of the payment transaction being processed via Mobillcash.
Indemnity
You hereby indemnify and agree at all times to hold Vidicom harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from your use or misuse of the Mobillcash payment system, or for harm suffered directly or indirectly by Vidicom as a result of your breach or non-observance of your obligations under this Agreement.
Miscellaneous
This Agreement is governed and construed by the laws of England and both parties submit to the exclusive jurisdiction of the English Courts.
Vidicom reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party.
Nothing in this Agreement is intended to create any rights which are enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
If any clause or part of any clause of this Agreement shall be found to be illegal or unenforceable, then the validity and enforceability of the remainder of the Agreement shall not be adversely affected.
Any delay or failure to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and will not prevent that right or remedy from subsequently being exercised or enforced.
This Agreement constitutes the entire agreement between us relating to the provision of the Mobillcash payment service and supersedes any previous agreements and understandings between us relating thereto.