Menu
Dated 9 September 2024
EEA terms and conditions
These Terms and Conditions apply to your Flexepin Voucher and its use by You. By
using your Flexepin Voucher You are deemed to accept these Terms and Conditions.
Your Flexepin Voucher is a closed loop product that can only be used at Flexe
Payments or refunded subject to the terms contained in these terms and conditions,
therefore:
The Deposit Guarantee Scheme does not apply to your Flexepin Voucher and there
is no ability to reverse the transaction once your Flexepin Voucher has been used.
For your protection, all unused Voucher Balances are safeguarded
Flexe Payments is committed to providing fair, honest and transparent services to all
our Customers. In accordance with this commitment, we deemed it appropriate to
provide you with a summary of the Terms and Conditions for using your Flexepin
Voucher to ensure that you fully understand your rights and responsibilities as a
Holder of a Flexepin Voucher. The full terms and conditions are available below this
summary.
Please read this Summary and the full Terms and Conditions carefully (together the
‘Agreement’) as they constitute your Agreement with Flexe Payments Ltd.
(collectively “Processor” or “Flexe Payments”).
Any references to “we”, “us” or “our” shall be taken as references to Flexe Payments.
Any references to “you” or “your” shall be taken as references to you, the Flexepin
Holder.
SUMMARY OF THE TERMS AND CONDITIONS
What is a Flexepin Voucher?
Flexepin is a prepaid closed-loop ( “ Flexepin Voucher”) which can only be used to
purchase merchant-specific closed-loop vouchers from Flexe Payments . The
closed-loop vouchers purchased are redeemable only at the Participating Merchant
who is the issuer of the merchant specific closed loop voucher ( “Merchant Voucher”)
Flexe Payments acts as an agent of the Participating Merchant and will issue the
Merchant Voucher on its behalf. Flexepin Vouchers are prepaid, the risk of having
your identity and banking information exposed online when using this method of
payment is vastly reduced. This makes it safer than conventional online payment
methods. Your Flexepin Voucher will display a numeric Personal Identification
Number (PIN), which you need to enter to redeem the voucher for a Merchant
Voucher of your choice
How do I purchase a Flexepin Voucher?
You can purchase Flexepin Vouchers through Approved Distributors at preselected
Retail Outlets such as newsagents, convenience stores, petrol stations and travel
kiosks, or through Approved Distributors online. The Flexepin Vouchers can be
purchased in various pre-determined amounts. Only companies that have contracted
with the Processor are authorised to distribute Flexepin Vouchers. (For a list of
Approved Distributors, you can visit our Website and use our store locator
(www.flexepin.com/sales_outlet_finder/).
Where can I spend my Flexepin Vouchers?
You can use your Flexepin Vouchers only at Flexe Payments . The Flexepin payment
scheme will accept, subject to satisfying the associated condition, Flexepin
Vouchers and issue a Merchant Vouchers of your choice. The merchant specific
voucher are closed-loop vouchers and therefore are restricted for use. They can only
be used at the merchant who has supplied this voucher. Since the Participating
Merchants who are approved to issue Merchant Vouchers is growing daily, before
spending your Flexepin Voucher for a Merchant Voucher, you should be sure that a
Merchant Website is genuine. (For a list of Participating Merchants, you can visit
(www.flexepin.com use the “Check Merchant feature”).
You may use your Flexepin Voucher as often as you like up to a total of the Value.
Who can spend the Flexepin Vouchers and how do you spend the Flexepin
Vouchers?
Per these terms and conditions only you are permitted to spend your Flexepin
Voucher online and you are responsible for the security and integrity of your Flexepin
Voucher PIN, therefore, for your protection, you must not disclose, transfer or assign
the Flexepin Voucher PIN to any third party. Any disclosure or part disclosure of the
Flexepin Voucher PIN will severely compromise the security and integrity of your
Flexepin Voucher PIN and you could lose the Value of funds associated with your
Flexepin Voucher PIN
The Flexepin Voucher may require activation. It can be used at any time after
purchase, subject to activation (if required) until 12 months from the date of purchase
from an Approved Distributor
The Processor will provide an online validation of the PIN which enables the
confirmation of your payment for a Flexepin Voucher. Once the Processor has
advised that a submitted Flexepin Voucher PIN and amount is validated, the
Processor has no means of subsequently withdrawing such validation and the
Flexepin Voucher amount will be considered used and cannot be used again.
There is a risk that you will lose the value of a Flexepin Voucher if the Voucher PIN is
lost, stolen or made known to another person. The Processor will cancel lost or
stolen Voucher PINs upon request as long as they remain unused.
A validated transaction cannot be revoked.
How long are the Flexepin Vouchers valid for?
All Flexepin Vouchers are valid for 12 months from the date of purchase from an
Approved Distributor.
Each Flexepin Voucher has a Use By Date. Printed on your Flexepin Voucher is
either the Use by Date or a message stating that your Flexepin Voucher will expire
one year from the date of purchase. If you do not use your Flexepin Voucher within
one year from the date of purchase, you will be unable to use that Voucher
However, the unused Value of such a Flexepin Voucher may be transferred to a new
Flexepin Voucher on or before the ‘Use by Date’ or you may apply for a refund up to
six years from the end of this Agreement (Validity Period).
After the ‘Use By Date’, the Processor will charge a Maintenance Fee of €2.50 , or
the equivalent amount in other currencies, which will be deducted from the Balance
of your Flexepin Voucher.
Your refund may also be subject to a Redemption Fee of €18 or the equivalent
amount in other currency (please refer to the relevant section below).
Further details are provided in the full Terms and Conditions set out after this
summary.
Am I entitled to cancel my Flexepin Voucher and request a refund?
The Processor allows a ’14 Day Cooling-Off Period’, from the Issue Date, during
which you can request a refund free of charge provided the Flexepin Voucher is
unused.
After that, you may at any time request a refund of the remaining funds on your
Flexepin Voucher. A Redemption Fee of €18 will be applied if the refund is requested
on or before the Use by Date. The Redemption Fee also applies for refund requests
made after the 12-month period following the Use by Date.
Further details are provided in the full Terms and Conditions set out after this
summary.
Your Flexepin Voucher will constitute your proof of purchase, therefore, make sure
you keep the original purchased Voucher or your PIN in electronic form as it was
transmitted, if the Authorised Distributor is an electronic retailer. You may be asked
to provide identification and further documentation to verify your identity to our
reasonable satisfaction (KYC).
Are there any additional Fees?
If your Flexepin Voucher has not been used on or before the Use by Date, a
Maintenance Fee of €2.50 per month will be deducted from your remaining Balance.
If you request a refund after the Use by Date and a Redemption Fee is payable, this
Redemption Fee will apply in addition to the monthly Maintenance Fee.
Further details are provided in the full Terms and Conditions set out after this
summary.
Cancelling a Flexepin Voucher
All Flexepin Vouchers are monitored to determine any irregular activity and the
Processor reserves the right to cancel any Flexepin Voucher where the acquisition of
such Flexepin Voucher is reasonably regarded as suspicious to the Processor. In
these circumstances, you must contact the Processor customer services
at [email protected] as soon as possible in order to verify that all activity in relation
to all your vouchers is authorised and lawful. The Processor will issue a new
Flexepin Voucher to you for the same value as your invalidated Vouchers only if you
can prove to our reasonable satisfaction that you have acted lawfully and in
accordance with this Agreement in every respect. Your failure to do so will lead to the
value of all your affected Flexepin Vouchers being permanently forfeited.
Definitions
‘Applicable Law’ – means all applicable laws of Australia and regulations of
Australia or any other territory, and the prevailing regulations, requirements,
determination, practice and guidelines of any other governmental or regulatory
organisation of which The Processor is a member or by which it is regulated;
‘Approved Distributor’ – means a company that has been authorised by way of
written agreement to distribute Flexepin Vouchers using its Retail Outlets, whether at
physical locations or online;
‘Balance’ – means the balance of available on the Flexepin Voucher from time to
time which can be used for payment at a Participating Merchant;
‘Business Day’ – means any day from Monday through Friday, except statutory
holidays in Australia ;
‘Customer’ – means a member of the public who purchases a Flexepin Voucher;
‘Flexepin’ – means the Flexepin Voucher
‘Holder’ – means a Customer or any other person who has lawfully purchased a
Flexepin Voucher from an Approved Distribution network or has received a Flexepin
Voucher from The Processor directly;
‘Issue Date’ – means the date reflected on the face of the Flexepin Voucher (or on its
electronic form) as the date of purchase from an Approved Distributor or through
their Retail Outlets by a Customer;
‘Merchant Website’ – means a website of a Participating Merchant which, at the time
of a transaction, has been approved by the Processor to accept Merchant
Vouchers as a method of payment;
‘Participating Merchant’ is a business or other organisation that has a contract with
the Processor to integrate the Flexepin payment system into its payment processing
system and operates under the Flexepin rules;
‘PIN’ – means the personal identification number or voucher code assigned to each
Flexepin Voucher;
‘Retail Outlet’ – means any location, physical or online, which has an agreement with
an Approved Distributor or directly with the Processor , authorising the sale of
Flexepin Vouchers;
‘Terms and Conditions’ – means these general terms and conditions, as may be
amended from time to time;
‘Transaction Amount’ – means the amount that is deducted from the Balance on the
Flexepin Voucher in connection with the use of your Flexepin Voucher, excluding any
applicable fees;
‘Use-By-Date’ – means the final date that a Flexepin Voucher may be used which is
a year from the Issue Date;
‘Flexepin Voucher’ – means a closed-loop voucher which can only be used to
purchase Merchant Vouchers from Flexe Payments . A Flexepin Voucher reflects
a 16-digit PIN which is sold by an Approved Distributor or any replacements thereof
which may be issued from time to time in accordance with these Terms and
Conditions.
‘we’, ‘us’ or “our” and similar expressions – shall be taken as references to The
Processor Ltd.
‘Website’ means the website www.flexepin.com or any website that may replace it;
‘you’, ’your’ or ‘yours’ and similar expressions refer to the individual who purchases
and/or uses the Flexepin Voucher.
1. Introduction
1.1.Flexe Payments Limited is a company incorporated in England with Company
Registration Number 10113237 and is an Authorised Representative (CAR no.
001308751) with Flexewallet Pty Ltd, holder of AFSL License no. 448066.
1.2. [Flexe Payments (MLT) Ltd has its registered address at Second Home
Spitalfields, 68-80 Hanbury Street, London, United Kingdom, E1 5JL
1.3. Flexepin is a product managed by the Processor
1.4. Flexepin is a prepaid means of purchasing Merchant Vouchers through the use
of individually encoded Flexepin Voucher codes issued in exchange for cleared
funds or other payment method accepted by the Approved Distributor concerned.
1.5. Flexepin is not a credit card, bank account or debit card and no interest will be
credited to the value of the Flexepin Voucher.
1.6 Flexepin vouchers cannot be reloaded with additional funds, whether any
Balance is remaining thereon or not.
2. Acceptance of terms and conditions
2.1. You become bound by these terms and conditions set out in this Agreement in
relation to any use of the Flexepin payment system by becoming the Holder of a
Flexepin Voucher.
2.2. For your protection, you must not disclose, transfer or assign the Flexepin
Voucher PIN or any of your rights under this Agreement to any third party.
2.3. You become a Holder of a Flexepin Voucher by purchasing a Flexepin Voucher
from an Approved Distributor.
2.4. You cease to be a Holder of a Flexepin Voucher when:
2.4.1. The Balance of your Flexepin Voucher PIN has been drawn down to zero
through a Transaction, or a series of transactions ; or
2.4.2. The Flexepin Voucher’s Balance is refunded by The Processor; or
2.4.3 The Balance of a Flexepin Voucher has been drawn down to zero through fees
and monthly charges as detailed in Clause 7 of these Terms and Conditions; or
2.4.4 Any combination of 2.4.1 to 2.4.3 which reduces the Flexepin Balance to zero;
or
2.4.5 The Flexepin Voucher is suspended due to being used fraudulently, according
these Terms and Conditions or associated with criminal activity.
2.5. All Flexepin Vouchers are monitored to determine any irregular activity and the
Processor reserves the right to cancel any Flexepin Voucher where the acquisition of
a Flexepin Voucher is reasonably regarded as suspicious to the Processor. In these
circumstances you must contact the Processor’s customer services department as
soon as possible in order to verify that all activity in relation to all your Flexepin
Voucher is authorised and lawful. The Processor will issue new Vouchers to you for
the same value as your invalidated vouchers only if you can prove to our reasonable
satisfaction that you have acted lawfully and in accordance with this Agreement in
every respect. Your failure to do so will lead to the value of all your affected vouchers
being permanently forfeited.
2.6. The Processor reserves the right to refuse to validate a Flexepin Voucher and
amount if it reasonably suspects that any breach of any Applicable Law or regulation
or fraud has occurred or is likely to occur.
2.7. You must not use the Flexepin payments system and/or Flexepin Vouchers for
any illegal purposes.
2.8. You must keep proof of purchase of the Flexepin Voucher including the original
Flexepin Voucher receipt or your PIN in electronic form as it was transmitted, if the
Authorised Distributor is an electronic retailer and this proof of purchase may be
requested by Flexepin (in addition to any other information we may reasonably
require you to provide) to establish that you are the Holder of the Flexepin Voucher.
2.9 A transaction that has been validated by the Processor cannot be revoked.
2.10 When you pay by using your Flexepin Voucher, you will be asked to enter the
Flexepin Voucher’s PIN.
2.11 Upon entering the Flexepin Voucher PIN, you irrevocably authorise the
deduction of the funds immediately from your Balance for the relevant Merchant
Voucher selected by you.
3. Receiving a Flexepin Voucher
3.1. Flexepin Vouchers are distributed by Approved Distributors.
3.2. Such Approved Distributors may distribute Flexepin Vouchers at Retail Outlets
or online.
3.3. Approved Distributors and any associated retailers or other Retail Outlets are
listed on the website www.Flexepin.com and you should satisfy yourself that any
company purporting to distribute Flexepin Vouchers to you is a Flexepin contracted
Approved Distributor.
3.4. Flexepin is not liable for the validity of any Flexepin Vouchers obtained from any
person who is not a Flexepin contracted Approved Distributor or for any losses or
damages resulting from the supply of Flexepin Vouchers from any such persons.
4. Redemption by Flexepin
4.1. A Use-By Date will be ascribed to each, supplied or generated, Flexepin
Voucher. The Use-By Date will be one year from the Issue Date unless otherwise
stated on the Voucher.
4.2. If you do not use your Flexepin Voucher PIN on or before the Use By Date
stated on your Voucher, the PIN shall no longer be usable for making a transaction
or for purchasing goods and/or services at Flexepin and the Processor is under no
obligation to validate it and this Agreement will terminate on the day after the Use-By
Date.
4.3. Failing to use your Flexepin Voucher PIN on or before the Use By Date
(determined as a year after the date of purchase printed on your Voucher or for
electronically delivered Flexepin Vouchers the date you purchased your Voucher )
will not affect your refund rights; however, the value of your refund will be subject to
a Redemption Fee detailed in clause 7 (Refunds & Fees).
5. Making payments with Flexepin at Participating Merchants
5.1. Your Flexepin Voucher can be used as described in clause 5 from the Issue
Date. The Flexepin Voucher consists of a closed-loop voucher which can be used at
Flexe Payments to purchase a Merchant Voucher. The Merchant Voucher is
redeemable and only valid at the Participating Merchant . Flexe Payments acts as
an agent of the Participating Merchant and will issue the Merchant Voucher on its
behalf.
5.2. Upon submission by you of the Flexepin Voucher PIN will advise the
Participating Merchant of the validity or otherwise of the submission and if valid issue
a Merchant Voucher. Each time a Flexepin Voucher is used the Balance will be
immediately reduced by the Transaction Amount.
5.3. The amount available for a transaction with a Flexepin Voucher is limited to the
Balance remaining thereon. An attempt to complete a transaction with a Flexepin
Voucher with a Balance in an amount less than the Transaction Amount will result in
the transaction being declined.
5.4. Should the Processor advise the Participating Merchant that a submission
could not be validated, no Merchant Voucher will be issued and you will advise you
accordingly.
5.5. Flexepin Voucher PINs are unique 16-digit numbers. Each number applies to a
single voucher PIN for a single stated face value amount. If a Flexepin Voucher
submitted to the Processor for validation matches our records and the Balance or
aggregate Balance if multiple vouchers are used is sufficient to satisfy the
Transaction Amount, the Processor shall be entitled to confirm such validation and
redeem the voucher. The Processor shall not be obliged to undertake any verification
of the identity of the person submitting the Flexepin Voucher for validation but shall
be entitled to rely on the act of submission as a warranty that you are the legitimate
Holder of the Flexepin Voucher and entitled to use it.
5.6. The Processor only operates pre paid closed loop vouchers and has no
involvement in any contract or other dealings you have with the Participating
Merchant. The Processor shall not be liable in any way under the terms of that
contract or other dealings or in any way arising therefrom.
5.7. Once the Processor has advised a Participating Merchant that a submitted
Flexepin Voucher(s) is validated and a Merchant Voucher issued , the Processor
has no means of subsequently withdrawing such validation and the amount spent
from your Flexepin Voucher will be considered used and cannot be refunded by the
Processor. Therefore, by entering your PIN, you acknowledge that your Balance will
be decreased by the Transaction Amount plus any fees, if applicable, whether you
receive the funds in your account or the goods and/or services in question or not.
5.8 All debits of Transaction Amounts from your Balance will be made in the currency
your Voucher was issued.
5.9. Any refund of a payment resulting from a claim against a Participating Merchant
is subject to the Participating Merchant’s own terms and conditions of business and
refund policy. You should make yourself aware of such terms and policies before
using a Flexepin Voucher to buy a Merchant Voucher
5.10. Paying with a Flexepin Voucher is like paying with cash, and so you must keep
your own records of payments for your reference, as you are responsible for keeping
track of your transactions and Balance. No statements are issued by The Processor.
6. Security of your Flexepin Voucher
6.1. You are solely responsible for the security and integrity of your Flexepin
Voucher. You acknowledge that the Processor is entitled to act on any request
submitted through a Participating Merchant Website for validation without enquiry
into the identity or entitlement of the Flexepin Voucher holder.
6.2. The Processor shall not be obliged to verify that the person presenting the
Flexepin Voucher PIN to the Processor is the Holder of, or is otherwise entitled to
use, the Flexepin Voucher.
6.3. If you have lost your Flexepin Voucher, you may contact the Processor via the
www.Flexepin.com Website and request that the Flexepin Voucher is cancelled. You
will be asked to provide the Flexepin Voucher Serial Number, amount, currency and
the date, time and place of issue. If the Flexepin Voucher has not been used prior to
such notification, the Processor will normally cancel the Flexepin Voucher and issue
a replacement Voucher to you in substitution. The Processor shall have absolute
discretion to refuse to issue a replacement or to delay issuing a replacement if it
reasonably suspects fraud, money laundering or other unlawful activity. You may be
required to provide identification and further documentation to verify your identity to
our reasonable satisfaction (KYC).
6.4 If your Flexepin Voucher has been stolen or you have cause to believe your
Voucher has been used in an unauthorised way, you agree to inform the Processor
thereof immediately. Please contact us via e-mail ([email protected]) or by using
the form on our website so that the remaining Balance on your Flexepin Voucher can
be frozen, and the Voucher cancelled. You will be asked to provide the Processor
with your name, the serial number of the Voucher, the denomination in which the
Voucher was purchased and your recent transaction history with regards to that
Voucher.
We cannot cancel or re-issue a Flexepin Voucher without its serial number. It
may require up to one full Business Day from the time you notify us about the
unauthorised use or theft to successfully freeze your Balance. If our records indicate
that there is a Balance remaining on the Flexepin Voucher, we will cancel the
Voucher and shall issue a new Flexepin Voucher in the amount of the Balance on the
cancelled Voucher to you, unless we have reasonable grounds to suspect fraud or
gross negligence on your part. We may deactivate any replaced Voucher at any time
if fraud is suspected. All transactions carried out prior to the end of one full
Business day after the notification to us of the loss, theft or unauthorised use
of your Voucher shall be for your account and The Processor will have no
responsibility in this regard whatsoever.
6.5 We shall only issue a new Flexepin Voucher after you have provided us with
evidence of purchase of the stolen Voucher. You shall furthermore be obliged to
provide us with the relevant file reference of the police station in charge, should that
be deemed necessary.
6.6 You furthermore agree to cooperate with us in our efforts to assist in the
prosecution of unauthorised users.
7. Refunds & Fees
7.1 The Processor does not charge a fee for the use of the Flexepin Voucher Code.
Some Approved Distributors and Merchants’ Websites may charge administration or
other fees for the use of the Flexepin Voucher, which will be included in the
Transaction Amount. The Processor advises that you consult the Merchants’
Websites’ terms and conditions to obtain any information on such fees prior to
completing any transaction. Furthermore, you shall not be charged for checking your
Balance on the Website.
7.2 Your right to request a refund commences on the Issue Date of the Voucher until
its Use by Date. After the Use by Date your right for a refund continues for a period
of 6 years’ subject to the terms and conditions in this agreement;
7.3 You may obtain a refund of the Balance on your Flexepin Voucher at any time.
You will have to provide the Voucher’s serial number, and the remaining Balance.
You will also have to provide the Processor with your full name, address, email,
telephone number, and send us the original voucher(s) or proof of your PIN in
electronic form as it was transmitted, if the Authorised Distributor is an electronic
retailer, copies of identification containing your address and the name of your bank
and number of the bank account to which the authourised refund will be sent,
Furthermore, the Processor can request that you provide any other information
which in their sole discretion is required by law and/or is necessary to ensure that
you are the true holder of the Flexepin Voucher before the refund can be processed.
7.4. Flexepin Vouchers must be either unused at the time of refund request or have a
remaining Balance;
7.5. You must have acquired the voucher from an Approved Distributor;
7.6. The Processor reserves the right to decline a refund request if you cannot prove
that you are a Holder of a Flexepin Voucher as defined in clause 2 and you should
retain any proof of purchase including the original voucher receipt or your PIN in
electronic form as it was transmitted, if the Authorised Distributor is an electronic
retailer.
7.7. You will need to complete the Consumer Refund Application Form available in
the FAQs section at www.flexepin.com. You might need to provide by post, or any
other method specified by the Processor documents proving your identity, proof of
your address, the original Flexepin Voucher details and any other information
required by the Processor to prove your identity and that you are the rightful Holder
of the Voucher. This information will be held by The Processor in accordance with
our Privacy Policy and in accordance with the Data Protection Act 1988.
7.8. Subject to clause 7 you can obtain a refund for the full value of the Flexepin
Voucher, at no cost, if you cancel the Voucher within 14 days of acquiring it (the
“Cooling-Off Period”). After the Cooling-Off period, The Processor will refund the face
value of the Flexepin Voucher on request subject to a fee of €18 for processing a
refund (the “Redemption Fee”) if you ask for a refund:
7.8.1. on or before the Use by Date; or
7.8.2. after the 12-month period following the Use By Date.
7.9. The Redemption Fee will be shown on the Consumer Refund Application Form
available in the FAQs section at www.Flexepin.com
7.10. The Processor will apply a monthly maintenance/administration charge
of €2.50 or other currency (the “Maintenance Fee”) to the value of your Flexepin
Voucher after the Use-By Date, which will be directly deducted from the Balance of
your Flexepin Voucher. This will be calculated on a monthly basis.
7.11. Fees will be applied to the voucher accordingly until the Balance of the
Flexepin Voucher is reduced to zero or your right to claim a refund has expired. You
can avoid incurring further Maintenance Fees by applying for a new Flexepin
Voucher Code for the Balance, which will be issued at no cost, at any time on or
before the Use-By-Date.
7.12. The amount of any refund (subject to the above fees) will be remitted to your
bank account only, after contact with the Processor’s customer service department,
who will assess the refund claim and make certain that you have complied with the
terms of this Agreement in every respect.
7.13. All fees will be for the amounts stated above.
7.14. Any personal data provided in connection with a refund will be protected as
specified in this agreement.
8. The Processor’s rights to restrict access to, suspend and
permanently cancel Flexepin Vouchers
8.1. The Processor may temporarily or permanently invalidate Flexepin Vouchers
issued by an Approved Distributor of the Processor if, (or in the case of a temporary
invalidation, if, pending investigation):
8.1.1. The Processor has reasonable suspicion of unauthorised use for trade
purposes; or
8.1.2. the quantity of Flexepin Vouchers held exceeds the limit stated in clause 2.6;
or
8.1.3. you have used or attempted to use a Flexepin Voucher obtained from any
person who is not a contracted Approved Distributor (in any of the circumstances
described in clause 3.4); or
8.1.4. The Processor has good reason to suspect that the vouchers are associated
with suspicious activity that is considered to be related to fraudulent and/or illegal
use.
8.2. If the Processor has temporarily invalidated your Flexepin Voucher in
accordance with clause 8.1, then unless you can show that all activity in relation to
your Vouchers is authorised, lawful and in accordance with this agreement within a
reasonable amount of time, the Processor may permanently invalidate (cancel) this
Flexepin Voucher.
8.3. If the Processor permanently invalidates your Flexepin Voucher, it may also
permanently invalidate any other Flexepin Voucher supplied to or held by you
(whether or not any such other vouchers originate from a person who is a contracted
Approved Distributor).
8.4. Upon becoming aware that The Processor has invalidated your Flexepin
Voucher PIN you must contact the Flexepin customer services as soon as possible
in order to confirm that all activity in relation to your voucher/s is authorised, lawful,
and in accordance with this Agreement. You may be asked to provide proof of
identification and your address or location, the original Flexepin Voucher details and
any other information or asked to take actions deemed necessary for the purposes of
avoiding any unauthorised use of the Flexepin Voucher and/or proving that you are
the legitimate and true Holder of the Pin Purchase Voucher. You may also be
required to give your consent for us to undertake checks with 3rd party companies
for example in order to verify your identity. If you can prove to our reasonable
satisfaction that you did not use your Flexepin Voucher as envisaged by any part of
clause 8. and you are the true Holder, the Processor will issue new Voucher/s to you
for the same value as your invalidated vouchers.
8.5. The Processor may monitor all issuance, use , and Flexepin transactions to
ensure compliance and to monitor any fraudulent or suspicious transactions.
8.6. The Processor reserves the right to permanently cancel any Flexepin Voucher
supplied to you where the Processor reasonably considers the use of such Voucher
to be unlawful, and/or fraudulent.
8.7. You agree that should further identification and/or verification be required to
perform transactions, you consent to the Processor performing such Customer Due
Diligence checks deemed necessary by The Processor and to comply with
Anti-Money Laundering/Counter-Terrorism Financing regulations and any other
applicable regulatory requirements.
8.8 The Flexepin Voucher may not be available in all countries and local financial
regulations may prevent Flexepin Vouchers from being refunded in some countries
and this will be noted in the FAQs section at www.Flexepin.com. The Processor is
not liable for refunds, losses or compensation relating to countries where the
Flexepin Voucher is not available, and you should satisfy yourself as to such local
limitations before obtaining a Flexepin Voucher.
9. Disputes and Complaints
9.1. If you are unhappy in any way with the Flexepin Voucher system or Flexepin
Voucher, please try and resolve the matter first with the Processor’s Customer
Support via the website www.Flexepin.com.
9.2. If you are not happy with our response you can ask for your case to be escalated as a
complaint to Flexewallet using the following details :
The Compliance manager for Flexewallet
email: [email protected] or
address :Level 3, 461 Bourke Street, Melbourne 3000, Victoria, Australia.
If you are then not happy with the outcome or the way your complaint has been
handled, and after 8 weeks has elapsed from receipt of the escalated complaint to
the Compliance Manager for Flexewallet , you may be able to take the complaint to
the Australian Financial Complaints Authority at the following address or you can
also call the Australian Financial Complaints Authority using the following telephone
numbers in Australia: 1800 367 287.
Australian Financial Complaints Authority Limited
GPO Box 3
Melbourne VIC 3001
Email: [email protected]
Online Complaints: www.afca.org.au/make-a-complaint/complain/
10.Identification
10.1 By acquiring a Flexepin Voucher, you give your consent that the Processor has
the right to perform such Customer Due Diligence (CDD) checks (including searches
of third-party databases ) deemed necessary. CDD checks would normally be
performed as part of an investigation into activity which is in the Processor’s sole
opinion considered to be suspicion or to comply with the law and /or applicable
regulations including but not limited to Anti-Money Laundering Regulations. You
further undertake to cooperate fully to ensure the CDD information required is
provided to the Processor within the time parameters to be specified by the
Processor. Any personal data provided in connection to the aforementioned process
will be held by the Processor in accordance with the EU General Data Protection
Regulation /relevant data protection laws and protected as specified in Clause 16
below (Privacy of your Data).
11. Termination
11.1. This Agreement terminates automatically on the earlier of:
11.1.1. the date on which the full value of the Balance of the Flexepin Voucher Code
is reduced to zero either because it has been used for a Merchant Voucher or
applicable fees as specified in this agreement have reduced the Balance to zero; or
11.1.2. the date on which the Flexepin Voucher Code Balance is refunded; or
11.1.3. the day following the Use by Date (determined as a year after the date of
purchase), if your Voucher’s Balance has not been reduced to zero on or before the
Use-By Date.
11.2. The Processor may terminate this Agreement immediately if:
11.2.1. The Processor invalidates the Flexepin Voucher in accordance with clause
8.1, 8.2 or 8.3; or
11.2.2. You acquire your Flexepin Voucher from someone other than an Approved
Distributor; or
11.2.3. You are in serious breach of this Agreement; or
11.2.4. We have reason to believe there has been or may be some illegality or fraud
or misuse of the Flexepin system in relation to your Flexepin Voucher.
11.3 If you choose to terminate this Agreement, we will block your Flexepin Voucher
within the next Business Day (Monday to Friday-standard Business Hours), so it
cannot be used, and the refund process will have to be followed in order to get your
money back. You will not be entitled to redemption of money that you have already
spent on goods and/or services.
12.Variation of terms
12.1. The Processor may change these Terms and Conditions if we reasonably
consider it necessary to do so. If we do, we shall give 60 days’ notice before such
change is made. All notices and changes will be posted on the Website. You should
check the Website regularly for such notices and changes. It is agreed that you shall
be deemed to have consented to the modification if you do not indicate your rejection
in writing before the proposed date of entry into force of the modification. If you do
not object to the modifications in writing within 60 days of the notification, the
modifications shall be deemed to have been accepted and shall become an effective
part of our contract. You are entitled to terminate our contract before the date of entry
into force of the modification with immediate effect. Simply expanding the
functionality or introducing new services shall not affect a contract amendment.
12.2 The Processor reserves the right to vary these Terms and Conditions from time
to time on www.Flexepin.com for any of the following reasons:
12.2.1. where we reasonably consider it will make the Terms and Conditions easier
to understand or fairer to you or the change would not be to your disadvantage; or
12.2.2. to reflect any changes in the cost of providing our services to you (where the
change made will reflect the change in costs to us); or
12.2.3. to take account of a regulatory requirement; or
12.2.4. because of changes to Applicable Law, codes of practice or the way in which
we are regulated.
12.3. We may change our fees and charges or introduce a new fee or charge if there
is a change in (or we reasonably expect that there will be a change in):
12.3.1. The costs we incur in carrying out the activity for which the fee or charge is or
will be made; or
12.3.2. Regulatory requirements.
12.4. Any change or new fee or charge will be a fair proportion, as reasonably
estimated by us, of the impact of the underlying change on the costs we incur in our
business.
12.4.1. Any changes will be notified on our Website and will take effect 60 days after
the date of posting on the Website (or shorter if required by law) and shall apply to
your use of the Flexepin Voucher service after that 60-day period.
12.5. You are deemed to accept any changes made unless, before the proposed
changes are due to come into effect, you tell us that you want to terminate your
Agreement with us and not accept the change. In this case you will be able to
terminate your Agreement free of charge.
12.6 Notwithstanding the foregoing, the Processor reserves the right to make
amendments without prior notice where such amendments are required immediately
for purposes of maintaining or restoring security of the Flexepin Voucher or the
Website, or in order to comply with the law or a direction from a relevant Government
regulator. We may also, where required by the law or direction from a relevant
Government regulator, cancel or suspend any features or services of the Flexepin
Voucher without prior notice.
12.6.1. For the avoidance of doubt, these terms shall apply to vouchers issued on or
after 9th of September 2024
13.Suspension of service
13.1. The Processor gives no warranty or representation that its Flexepin Voucher
system will be available at all times.
13.2. The Processor reserves the right to suspend its system when it considers
necessary for maintenance or upgrade to the systems. The Processor will use
reasonable endeavours to minimise any periods during which the system is
unavailable and where possible will post notice on its website www.Flexepin.com of
such suspension.
14.Exclusion of representation and warranties
14.1. The Processor makes no warranty or representation, either express or implied,
as to the suitability or fitness for purpose of the Flexepin Voucher system in relation
to any specific customer requirements, needs or particular circumstances.
14.2. The Flexepin Voucher system is a payment method using a closed-loop
voucher, of loading value and/or purchasing online goods and/or services.
Accordingly, unless we tell you otherwise:
14.2.1. the Processor gives no warranty, makes no representation and disclaims all
liability to the fullest extent permitted by law with respect to the quality, availability,
legality, delivery or any other aspect of your dealings with Participating Merchants;
and
14.2.2. the process by which the Processor authorises merchants to accept payment
through the Flexepin payment system does not involve any assumption of
responsibility or investigation by the Processor as to those merchants’ dealings with
any particular consumers and you therefore deal with Participating Merchants
entirely at your own risk. Any grievance you may have with a Participating Merchant
must be pursued with that merchant and not with the Processor.
15.Limitation of liabilities
15.1. You acknowledge that the Processor is solely providing a payment service and
that some limitation of liability on the Processor’ part is reasonable and customary in
an Agreement such as this.
15.2. Accordingly, you agree that the Processor shall not be liable for:
15.2.1. Any validation provided by the Processor not being acted upon by a
Participating Merchant where the Participating Merchant’s failure to act does not
result from our wrongful act or omission; or
15.2.2. Any delay or failure to carry out the Processor’s obligations under this
Agreement arising from any abnormal and unforeseeable event outside our control
where the consequences would have been unavoidable despite all our efforts to the
contrary.
15.3 Some Merchant Websites may not authorise you to combine a payment of a
Flexepin Voucher with another method of payment. We cannot accept any liability for
such refusals.
15.4 The Processor shall only be liable to you for direct and actual damages which
were caused by the Processor’ own willful misconduct or gross negligence or the
willful misconduct of gross negligence of our agents, where applicable. Subject to
any mandatory statutory requirement, in no event shall the amount of our liability
exceed the Transaction Amount, nor shall the Processor be liable for any indirect
(including, but not limited to, loss of profit and/or data), incidental, consequential,
exemplary, punitive or special damages, regardless of how they arise. We shall not
be liable in any manner for any goods or services paid for with a Flexepin Voucher.
15.4. The Deposit Guarantee Scheme is not applicable to Flexepin Vouchers.
No other compensation schemes exist to cover losses claimed in connection with a
Flexepin Voucher.
16.Payment for loss and third-party claims
16.1. You shall be liable for any damage caused by any conduct of yours that is in
violation of these Terms and Conditions. Therefore, you will be liable for any amount
the Processor loses or has to pay arising from any third-party claim resulting from
your misuse of the Flexepin Voucher system, or for harm suffered directly or
indirectly by the Processor as a result of your breach or non-observance of your
obligations under this Agreement.
17. Privacy of your data
17.1. The Processor adheres to the EU General Data Protection Regulations
(GDPR). The Flexepin Privacy Policy and information about our use of cookies can
be viewed on our website www.flexepin.com
18.Miscellaneous
18.1. This Agreement is governed by and construed in accordance with the laws of
Austalia and Australian courts will deal with any legal proceedings between us.
Communications and notifications shall be made in English.
18.2. The Processor reserves the right to assign, subcontract, novate or transfer its
obligations hereunder to any third party (a “third party transferee”) without your
consent provided that we will only assign or transfer such obligations if, in our
reasonable opinion:
18.2.1. The third-party transferee to whom we make the transfer is capable of
performing this Agreement; and
18.2.2. The way in which you are treated under this Agreement will not be affected in
an important way by, or following, that transfer.
18.3. Where we assign or transfer (including by declaration of trust) all or any part of
our rights and/or obligations under this Agreement to a third-party transferee,
references in this Agreement to “we”, “us” and “our” shall be references to that
third-party transferee.
18.4. Nothing in this Agreement is intended to create any rights that are enforceable
by any person who is not a party to this Agreement, unless otherwise stated.
18.5. 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.
18.6. Any delay or failure by you or the Processor to enforce or pursue any remedy
or right hereunder shall not be deemed to be a waiver of that remedy or right and,
unless we tell you otherwise in the case of the Processor not exercising or enforcing
a right or remedy, will not prevent that right or remedy from subsequently being
exercised or enforced.
18.7. This Agreement constitutes the entire agreement between us relating to the
provision of the Flexepin Voucher system and supersedes any previous agreements
and understandings between us relating thereto.
