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Terms and Conditions of Use (TCU)
These TCU will regulate the payments effected by You using this website. These TCU
are not to the exclusion of any Terms and Conditions of Use issued by the
issuing banks, or published by Us on our website, the government portal and the
Laws of Malta:
- "Card" means an HSBC Quikcash, Visa and Mastercard, BOV Cashlink, Visa and
Mastercard, APS Premier, as agreed for the time being to be processed by the Bank
for the Cardholder."Cardholder" means the person to whom a Card is issued
or who is authorised to use the Card."Issuing Banks" means those banks that
have reached an agreement with the Government of Malta for the use of the electronic
Payment Gateway."Us/We" means the Public Service or Public Sector Entity,
hereinafter referred to as Us/We and to whom the payment is payable. Payment could
be for the service being rendered by the Entity or for tax payable to Government
or for Social Security Contributions."You" means the Cardholder.
- The following terms and conditions shall apply in respect of each and every electronic
payment by means of a Card (henceforth Electronic Card (EC) Transaction).
- You shall not complete an EC Transaction if You are, or should on exercising reasonable
care, be aware that the Card has expired or is not yet valid, without prejudice
to any obligations by You with Us.
- Neither the acceptance by Us of the submission of any EC Transaction nor any payment
by You or other act or omission of ours (other than an express written acknowledgement
or waiver thereof by Us) shall constitute or be deemed to constitute any acknowledgement
or waiver of compliance by You to warrant and agree that all transaction details
so submitted are, within your knowledge, true and complete.
- Payment shall be without prejudice to any claims or rights which We may have against
You and shall not constitute any admission by Us as to the performance by You of
your obligations under this Agreement and the amount payable to You.
- Without prejudice to any statutory rights or obligations which either party may
have, We shall be entitled at any time to refuse total or partial payment in respect
of an EC Transaction in any of the following situations:-
- the EC Transaction is for any reason unlawful or unenforceable;
- when the web services are not available;
- there has been a breach by You of this Agreement, other than the breaches more specifically
provided in this Clause 6, in connection with the EC Transaction.
- In respect of an EC Transaction, You shall be provided with a record of the EC Transaction
(by electronic means, surface mail or other methods acceptable to Us) and such record
shall include: (a) a description of services provided or the type of tax payable;
(b) your name and our name; (c) the transaction amount and currency.
- We shall be under no liability to You (whether for loss of profit or otherwise)
for any suspension, interruption, error or failure in our computer systems for performing
or processing EC Transactions (or in any part thereof). We shall however, endeavour
to provide an alternative method of payment in addition to the electronic Payment
Gateway method without prejudice to the Terms and Conditions governing the provision
of this service or the claims by the Government for taxation.
- Except as expressly provided to the contrary in this Agreement all terms, conditions,
warranties, undertakings inducements or representations whether express, implied,
statutory or otherwise (including without limitation any terms about merchantability
or satisfactory quality or fitness for any particular purpose) are excluded.
- You will indemnify us on demand in respect of any actions, claims, costs, damages,
demands, expenses and charges, losses and liabilities, suffered or incurred by Us
arising directly from or in connection with any failure by You to comply with the
provisions of this Agreement.
- Both parties expressly exclude liability for consequential loss or damage which
may arise in connection with this Agreement, or for loss of profit, business, revenue,
goodwill, anticipated savings or otherwise.
- You acknowledge and agree that You have not entered into this Agreement in reliance
on any representation statement or warranty (whether written or oral and whether
express or implied) made by or on our behalf other than such as are expressly set
out herein.
- Our failure to enforce at any time or for any period any one or more of the terms
or conditions of this Agreement shall not be a waiver of them or of the right at
any time subsequently to enforce all terms and conditions of this Agreement.
- In the case of conflict between the English and the Maltese version of these terms
and conditions, the English version shall prevail.
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