E-commerce Terms for users
last updated: April 08, 2024
These e-commerce service terms (“Terms”) are a legal agreement between Guavapay Limited, its subsidiaries and affiliates (together, “MyGuava” “we” or “us”) and you, the user of the MyGuava e-commerce service (as defined below) (“you”). By using the MyGuava e-commerce service for purposes of checkout and/or pay with a card, you agree to be bound by these Terms.
Guavapay is a Small Electronic Money Institution regulated by the Financial Conduct Authority in the United Kingdom, under FCA Reference Number (FRN) 900888. Guavapay is a company registered in England with company number 10601900 with its registered address at Salisbury House, 29 Finsbury Circus, London, EC2M 5QQ, United Kingdom. Guavapay’s ICO registration number is ZA274504.
1. General
The MyGuava e-commerce service is a technology that makes it easier for merchants (“Merchants”) to collect payments from individuals like you. MyGuava e-commerce allows you to insert and store your payment credentials such as your card number, expiration date and CVV2/CVC2 code (“Payment Credentials”) so that payments made through the MyGuava e-commerce will be executed easily and securely. Please note that by using MyGuava e-commerce you also acknowledge our Privacy Policy which forms part of these Terms.
2. Using MyGuava e-commerce
When you check out or you pay an invoice on the website of a Merchant that has MyGuava e-commerce enabled, we will collect and store certain personal data about you, such as your name, address, email address or your mobile phone number (“Verification Credentials”), along with your Payment Credentials. We use cookies to link your web browser to your Verifcation Credentials and recognise such when you return to the MyGuava e-commerce. For information about data collected via cookies, please see our Cookie Policy.
3. MyGuava’s Role
MyGuava provides certain payment processing and electronic money services, and other related services for Merchants and individuals through various payment schemes.
Please note that MyGuava e-commerce is a stand-alone service and has no impact on your relationship with the Merchant you’re paying, your bank or credit card company (including Apple Pay and/or Google Pay if you are paying with a token). You are and will always be responsible for the purchases you make and for the information you upload using MyGuava e-commerce on the Merchant’s site. The engagement between you and the Merchant, as well as any use of your data by the Merchant, is subject to the Merchant’s terms of use and privacy policy. Our role is only to execute the transaction and to charge you in accordance with these Terms.
4. Making Payments; Recurring Payments
We may, at our discretion, impose limits on the amount of payments you can make through MyGuava e-commerce. By adding a debit card, a credit card or a bank account as your Payment Credentials, you are providing MyGuava with an authority to automatically charge you when using the MyGuava e-commerce. This may include recurring payment when you subscribed for a certain subscription which requires subscription fees, including ‘free trials’ of any kind.
Please note that in some cases, tokenisation of your card (storing your data in a digital asset form) may be subject to a minimal charge of your card which will be refunded immediately thereafter. In such cases, this will appear in your bank account.
5. Refunds
When utilising the MyGuava e-commerce product, you are purchasing items from the Merchant who has implemented it. Therefore, any refund will be subject to the Merchant’s refund policy and terms and conditions.
6. Chargebacks and Fees
The Merchant is solely responsible for any chargebacks and fees. You will be required to lodge a chargeback request at your financial institution associated with your payment method.
7. Liability for invalidated payments
You agree to allow the Merchant and MyGuava to recover any amounts due to the Merchant by debiting your payment method. If there are insufficient funds in your balance to cover your liability, you must reimburse the Merchant through other means. If you file a request for Chargeback with your card issuer or financial institution, only the card issuer or financial institution will determine on such request.
8. Representations and Warranties
By using MyGuava e-commerce you represent and warrant that you will not use MyGuava e-commerce for any fraudulent, unlawful or abusive purpose.
9. Disclaimers
MyGuava e-commerce, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through MyGuava e-commerce, are provided “as is.” To the fullest extent permissible by law, MyGuava, its affiliates, and their agents, merchants, payment schemes or independent contractors (the “Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by MyGuava e-commerce, or for any breach of privacy or security associated with the transmission of data through MyGuava e-commerce. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.
10. Limitations of Liability; Force Majeure
In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms exceed £1 (GBP). Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the agreement between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances.
11. Governing Law
This Agreement is concluded in the English language.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales, the jurisdiction in which the service is obtained.
12. Modification of the Terms; Notices
We have the right to amend these Terms at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on the use of MyGuava e-commerce by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing MyGuava e-commerce user, the changes will come into effect 60 days after we post the changes to our website, and your use of MyGuava e-commerce more than 10 days after we publish any such changes on our website constitutes your acceptance of the modified Terms. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of MyGuava e-commerce.
13. Assignment
You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
14. Survival
Upon termination of your use of MyGuava e-commerce or termination of these Terms for any reason, in addition to this section, the following sections shall survive termination: Sections 8 through 15.
15. Miscellaneous
Security and Privacy. In order to protect your data held with us, we use industry-standard physical, procedural and electronic security measures such as but not limited to PCI DSS. For more information please refer to our Privacy Policy.
Failure. MyGuava’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision.
Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Entire Agreement. These Terms, including MyGuava’s policies governing MyGuava e-commerce referenced herein, constitutes the entire agreement between you and MyGuava with respect to the use of MyGuava e-commerce.
Third Party Rights. These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and MyGuava, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms.
MyGuava Rights. These Terms do not limit any rights that MyGuava may have under trade secret, copyright, patent or other laws.
16. Customer Support
For any problems, questions or feedback, you can contact our Customer Contact Centre by:
• Writing a letter to our address:
Customer Support, Guavapay Limited, Salisbury House, 29 Finsbury Circus, London, EC2M 5QQ, United Kingdom.
• Writing an email us at [email protected].
• By phone on +44 (0) 204 577 3333.
• Through our website:
(A) personal accounts: https://myguava.com/personal/help; or
(B) business accounts: https://myguava.com/business/contact-us.
