Definitions
The GoPay Payment Gateway means the application for carrying out payment transactions for the purpose of Issuing Electronic Money or making Payments in Electronic Money, which integrates the individual payment methods and facilitates the transfer of funds into the GoPay Payment System environment (the “GoPay Payment Gateway”).
Terms with an initial capital letter used in these terms of use of the GoPay Payment Gateway (the “PG terms”) have the meaning defined in the Terms and Conditions, unless expressly stated otherwise here.
Scope of the terms
The PG terms set out the rules governing the use of the GoPay Payment Gateway's functionality by Clients who use the GoPay payment gateway to sell goods or provide services.
The PG terms supplement the Terms and Conditions, which set out the rules for opening, using and closing a GoPay account.
You become entitled to use the GoPay Payment Gateway as a further function of the GoPay Payment System at the moment you confirm that you agree to these PG terms and we approve you to use the GoPay Payment Gateway.
Using the GoPay Payment Gateway
The GoPay Payment Gateway is a tool for making payments for goods or services ordered.
The availability of the GoPay Payment Gateway is subject to activation, in which we assess whether you and the activity you carry out meet the requirements under the PG terms and the Terms and Conditions.
When selling goods or providing services using the GoPay Payment Gateway you undertake:
to offer and enable your contractual partners to make payments through the GoPay Payment Gateway,
not to misuse our copyright and other intellectual property rights and to refrain from any interference with such rights of ours,
immediately after the end of the contractual relationship with us, to remove the GoPay Payment Gateway software from your system and to stop using the GoPay designation as well as the other logos, trade marks and names you use in connection with the contractual relationship (in particular also the logos, trade marks and names of our contractual partners that you use with our consent and the consent of our contractual partners),
to give us or our contractual partner the necessary cooperation in good time (in particular in order to detect suspicious transactions) and to enable us to fulfil the obligations arising from the relevant laws and, where applicable, from contractual arrangements properly and in good time, and to give us all the necessary cooperation for that purpose,
to equip your application integrated with the GoPay Payment Gateway with a complaints procedure and to inform your customers about the terms for handling complaints, and also about the terms and conditions of sale, the provision of services and the delivery terms including postage, packing and delivery times, where this corresponds to the nature of the business outlet. You undertake to inform your customers truthfully and to give them in particular the following information: a detailed description of the goods and services offered, including information about their origin and about where you send the goods from or provide the service, the currency the payment transactions are carried out in, information about how all the data you obtain from the customer is secured, and complete identification and contact details corresponding to reality,
to keep your details up to date, such as the address of your registered office, the names of the websites of the applications integrated with the GoPay Payment Gateway, the list of services provided to your contractual partners, and the number of your bank account designated for paying out the transactions we have received for you,
to inform us immediately of any change in your identification details and of any changes in your ownership structure; we are entitled to check that you comply with this obligation and to require your cooperation,
to display the logos designating the payment methods accepted visibly, according to the template we provide, and to state clearly that data is transmitted securely using the SSL protocol,
not to discriminate against or favour any payment method offered by the GoPay Payment Gateway, to offer all payment methods on fully equal terms and not to set any financial or other limits or restrictions on the use of a particular payment method,
to keep documents evidencing the delivery of goods or the provision of a service to a contractual partner for at least 10 years from the transaction, and to provide these documents to us or to our contractual bank immediately on request. The documents must contain sufficient information to prove that the service or goods in question were ordered by the cardholder and that the service was provided or the goods delivered to the cardholder in the agreed way,
to return the amounts of monetary transactions when your contractual partner withdraws from the contract, through the GoPay Payment Gateway, unless agreed otherwise. You are not entitled to return the amounts of payment transactions in cash when your customer withdraws from the contract.
When selling goods or providing services using the GoPay Payment Gateway you undertake to refrain from the following activities in connection with carrying out payment transactions:
allowing a single order to be paid through several payments,
making or accepting payment for a transaction that does not arise directly from a contractual relationship between the Client and the cardholder concerning the sale or rental of goods or the provision of a service,
using or accepting a payment card for payments for legal services or expenses arising from or relating to: (i) a defence for any criminal offence except traffic offences and traffic infringements; (ii) any domestic legal matters where the services or expenses relate to a person not named on the bank card; (iii) any bankruptcy, insolvency, composition or similar proceedings, including liquidation and cases of insolvency, affecting the creditors of the bank cardholder,
using the Client's bank card, or a card the Client has access to, to carry out a payment transaction in order to obtain credit or a loan for the Client's benefit,
carrying out again a payment transaction that has already been settled, regardless of any consent from the cardholder,
charging any tax on a payment transaction except where this is expressly required by the relevant legislation. Any tax applied must be included in the total amount of the payment transaction and not collected separately,
paying out funds in the form of traveller's cheques where the sole purpose is to enable the payment cardholder to purchase goods or services from the Client in cash,
paying out funds in cash,
accepting a payment card in order to repay or refinance an existing debt,
providing a loan in return for goods or services returned that were paid for in cash,
paying out any amount in cash to a payment cardholder who made a purchase with a payment card. All refunds of funds will be made to the account the payment card used for the purchase was issued to,
accepting a payment card in order to carry out third-party sales.
You must not use the GoPay Payment Gateway in connection with purposes and activities other than those you stated when activating the GoPay Payment Gateway.
Where you arrange delivery of goods to a place designated by your contractual partner, you are liable for the loss, shortfall or damage of the consignment or for delay in delivering the goods until the goods are delivered to the destination. For every delivery of goods you must obtain from the carrier a document evidencing delivery of the goods to your contractual partner.
If the delivery time of the goods or service is longer than 30 days from the date the payment transaction was authorised, you must demonstrably inform your customer of the period for delivering the goods or providing the service. The total delivery time must not, however, exceed 120 days from the date the payment transaction was authorised.
Unless we agree otherwise, you agree to the GoPay Payment Gateway being presented in the form of the standardised GoPay icon with an active link to our website; we will supply you with this icon and you will place it in a suitable way on the home page or on the payment method selection page in your application integrated with the GoPay Payment Gateway.
By agreeing to these PG terms you give us consent to use your business name, designation or company and, where applicable, your logo, if you use it in your business activity, for promotional and marketing purposes.
With our prior consent and under the conditions we set, you are entitled to use the card scheme logos and trade marks in your own advertising and promotional materials.
By agreeing to these PG terms you acknowledge that carrying out and completing a payment transaction is also governed by the terms and rules of the providers of the individual payment methods through which the payment transaction is carried out.
In accordance with the rules applicable to payment services provided through the payment methods offered, we may require certain Clients to meet certain special conditions before the service begins to be provided. These special conditions may apply in particular to Clients that are online sellers of air tickets or operators of betting, discount and prize portals.
You acknowledge and agree that, where fraudulent activity is suspected, our contractual partners (primarily banks) and their staff may contact you and that in such a case you must communicate with that contractual partner, respond to its recommendations and follow its instructions, all to the extent necessary as part of the investigation of the suspected fraudulent activity.
The range and availability of payment methods in your GoPay account or in the GoPay Payment Gateway are not guaranteed, unless expressly agreed otherwise.
You acknowledge that the providers of the individual payment services (in particular in the case of payment services provided through payment cards) may be entitled at any time to require us to stop providing you with such a payment service in relation to the use of the GoPay payment gateway. In that case we must suspend the provision of the service to you immediately; you agree to and understand this entitlement.
Notwithstanding other provisions of the PG terms, we are entitled to suspend or terminate the provision of services and/or the carrying out of payment transactions immediately if we have found or been notified that:
you have in any way knowingly caused or allowed unauthorised disclosure or use of payment card information,
you are listed by the card schemes as an undesirable or risky person.
You acknowledge and agree that the rules issued by the card schemes or by our contractual partner, which is a bank, take precedence over the contractual arrangements between us and you. You undertake to comply with the card scheme rules. This provision applies only to carrying out payment transactions by payment card.
Final provisions
We are entitled to amend the PG terms unilaterally according to the rules and conditions set out in this article. You agree to this entitlement.
If we amend these terms, we are obliged to notify you of the change in advance by an e-mail message containing a link to the new PG terms, from where you can print them or save them in electronic form.
The PG terms are issued in electronic form and are available on our website.
We proceed on the basis that, under the relevant authorisation, you carry out a business activity on the internet for the purpose of selling goods or providing services and that you use your GoPay account in connection with that activity. The provisions of consumer protection legislation therefore do not apply to you. If you use your GoPay account in connection with a business activity, you must demonstrate within one week that you are a small business within the meaning of the Payments Act. If you do not do so within that period, you are deemed not to be a small business.
The PG terms take effect on 8 March 2015.