Terms and Conditions for ClickandBuy users:

In this Agreement unless the context otherwise requires:

"Agreement" means these terms and conditions (and the documents referred to in them) and the registration form, which are only available in English. These terms and conditions, and any changes made to them, may be viewed and printed out at any time from our Website at www.clickandbuy.com/US/en/;

"Bank Account" means by way of example banks, building societies and credit unions;

"Card" includes by way of example credit cards, debit cards, Visa and Mastercard-branded debit cards and Maestro and Solo cards;

"ClickandBuy" means ClickandBuy International Limited of Lincoln House, 137-143 Hammersmith Road, London, W14 0QL, a company registered in England and Wales with company number 5661160.

"Content" means all services and information including text, words, names, graphics (including logos) software (including all software applications), video, audio or other content appearing on any Content Provider Website and which may be purchased by you from that Website;

"Content Provider" means the provider of Content, Products and/or services to you via certain Internet Websites;

"Direct Debit" means a method of payment in which you authorise ClickandBuy to take funds from your Bank Account;

"Express Direct Debit" means a method of payment in which you authorise ClickandBuy to take funds from your Bank Account which are immediately credited to your ClickandBuy- Account.

"Inactive" means a ClickandBuy-Account that has not been accessed for a period of 12 months;

"Internet" means the global data network comprising interconnected networks using IP (Internet Protocol);

"Money Transfer" means a method of payment involving a electronic transfer from a Bank Account;

"Online Money Transfer" means a method of payment from an Internet Bank Account;

"Product(s)" means any goods of a physical or otherwise tangible nature offered for sale on a Content Provider's Website;

"Product Information" means details, including the price, delivery lead times and description of the main characteristics of any Product offered for sale on a Content Provider's Website;

"Registration Information" means your name, date of birth, geographic address, e-mail address and card and/or Bank Account details and any other information required from time to time;

"Registration Process" means the registration form for the Service completed online by you on our Website at www.clickandbuy.com/US/en/ or accessed by you from any Content Provider Website;

"Service" means the electronic payment facility provided by us which enables you to make purchases of digital Content, services and Products from participating Content Providers on-line using your account with us ("ClickandBuy-Account"). This facility enables Content Providers to receive payment without disclosure to them of your Card or bank details on-line;

"we" and "us" means ClickandBuy International Limited;

"Website" means a set of associated web pages accessible via the Internet;

"you" means the person we make this Agreement with.

2.1 This Agreement begins on the day when we accept your registration for the Service, after you have completed the Registration Process online. We will notify you of our acceptance of your registration by e-mail.

2.2 Authorization to provide and bill this service is obtained by way of your electronic signature. Once submitted, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with this specific terms and coditions.

3.1 We agree to provide you with the Service under the terms and conditions of this Agreement and in performing our obligations under this Agreement, we will exercise reasonable care and skill.

3.2 After completing the Registration Process, you will be provided with a ClickandBuy-Account. Each person may open one ClickandBuy-Account only.

3.3 The type of ClickandBuy-Account you may have depends on your verification status. Your spending limit shall be determined by us in our sole discretion from time to time.

3.4 The Service will not be provided to individuals, businesses or organisations that cannot form legally binding contracts under the laws of the State of New York. Individuals under the age of 14 are not permitted to use the Service.

3.5 You agree to pay the fees shown in the fee table as amended from time to time in accordance with paragraph 17 and available on our Website at www.clickandbuy.com/US/en/. All fees will be charged in the currency of the ClickandBuy-Account. You agree that we may debit by way of set-off your ClickandBuy-Account any fees, charges or other amounts owing to us and payable by you in connection with the Service. There may be other taxes or costs payable by you in connection with your use of the ClickandBuy-Account which are not payable to ClickandBuy or collected by ClickandBuy. You remain liable for any such taxes or costs.

3.6 Provision of the Service is dependent upon completion of the Registration Process by you and in registering you are accepting provision of the Service immediately upon our acceptance of your Registration Information. Registration for the Service is free. You represent and warrant that all information that you provide to us in connection with the Service, including but not limited to your Registration Information, will be complete and accurate in all respects. We are entitled to rely on any information that you provide.

3.7 As part of the Registration Process, we may seek to authenticate the details of any Bank Account selected by you as a source of funding by crediting a small amount of money to that Bank Account. You may incur charges from the provider of that Bank Account in these circumstances. We are not liable for any such charges.

3.8 If we determine that your ClickandBuy-Account is Inactive, we have the right to charge a maintenance fee as shown in the fee table as amended from time to time in accordance with paragraph 17.

3.9 You are responsible for providing a suitable computer with Internet access and web browser and any other items of hardware or communications equipment necessary to enable you to access and use the Service.

3.10 We cannot guarantee that the Service will be uninterrupted or will never have faults but we will correct reported faults as soon as we reasonably can.

3.11 We reserve the right to temporarily suspend the Service for operational reasons, but before doing so we will give you as much notice as we reasonably can. We will restore the Service as soon as possible after any suspension.

3.12 For operational reasons, we may have to alter codes, numbers, or technical specifications associated with the Service. For Service-affecting changes, we will give you as much notice as we reasonably can.

3.13 You have the right to cancel this agreement within 14 calendar days of the commencement of this agreement. Cancellation should be made in accordance with paragraph 13.2.

4.1 Please see the Privacy Policy.

5.1 We are responsible for collecting all payments for Content and/or Products purchased by you from Content Providers using the Service. Content Providers are solely responsible for all pricing information in relation to the Content. Charges for all purchases made by you are debited to your ClickandBuy-Account immediately on your completing the purchase.

5.2 If you make a purchase from a Content Provider in a currency other than the currency in which your ClickandBuy-Account is denominated, ClickandBuy will specify the amount to be debited from your ClickandBuy-Account. The specified amount will be based on the currency exchange rate (with a small mark up) at the time of the purchase available from E4X Inc or any other currency exchange rate used by ClickandBuy for this purpose as determined and published by ClickandBuy from time to time. The amount to be debited from your ClickandBuy-Account will be displayed at the time of purchase.

5.3 When you access chargeable Content and/or purchase Products from Content Providers, we record the following information:

(a) Content Provider whose Content you have accessed or Product you have purchased;

(b) description of the Content or Product purchased;

(c) price of the Content or Product;

(d) date, time and duration of your access.

We use this information to provide you with an itemised statement.
We also make this information available to Content Providers, on an anonymous basis only except as provided in the Privacy Policy.

5.4 All Content and Products are offered for sale by third party Content Providers and may be subject to their applicable terms and conditions. You are solely responsible for evaluating the accuracy or completeness of the Content or Product Information before relying on it in any way, including any applicable terms and conditions. We are not a party to or in any way responsible for any transaction between you and the Content Provider and we make no warranty or representation as to the Content, Products or any of the Product Information or the credibility of any Content Provider.

5.5 If you are not satisfied with your purchase of any Content or Product, you should in the first instance contact the relevant Content Provider to arrange for replacement Content or Products to be sent to you. Where necessary, you must return any faulty Products or cancelled orders to the relevant Content Provider in accordance with instructions given to you by that Content Provider. We will not be responsible for any Products returned to ClickandBuy premises and you should not attempt to return Products to ClickandBuy premises for any reason (unless purchased from ClickandBuy). We will not refund any charges for returned or rejected Products or any unsatisfactory content to your ClickandBuy -Account unless and until we are notified by the relevant Content Provider to do so.

5.6 If you are granted a refund from a Content Provider in accordance with paragraph 5.5 in a currency other than the currency in which your ClickandBuy -Account is denominated, ClickandBuy will specify the amount to be credited to your ClickandBuy-Account. The specified amount will be based on the currency exchange rate (with a small mark up) at the time of the refund available from E4X Inc or any other currency exchange rate used by ClickandBuy for this purpose as determined and published by ClickandBuy from time to time.

6.1 You may fund your ClickandBuy-Account either before you make a purchase from a Content Provider or on making a purchase from a Content Provider.

6.2 To fund your ClickandBuy-Account before making a purchase, log in and select the source of funding from the Card and Bank Account(s) that were authenticated during the Registration Process. Your Card or Bank Account will be debited according to the amount you choose to fund your ClickandBuy-Account but there might be a delay of several days before your ClickandBuy-Account is credited with the payment due to clearing and settlement. We may require that the minimum you may credit to your ClickandBuy-Account per transaction under this paragraph is $ 5.00 (or the equivalent in the currency of your stored balance).

6.3 If you fund your ClickandBuy-Account using a Card which is a credit card or by using our Express Direct Debit service you will be charged a fee, as set out in the fee table published from time to time on our website at www.clickandbuy.com/US/en/.

6.4 When you make a purchase from a Content Provider with sufficient funds in your ClickandBuy-Account, it is debited immediately with the cost of the purchase and the stored balance is reduced accordingly.

6.5 The stored balance in your ClickandBuy-Account does not expire. As such, you may redeem your stored balance at any time, subject to a minimum redemption of $10.00 or the equivalent in the currency of your stored balance.

6.6 The amount of stored balance that you can hold in your ClickandBuy-Account may be subject to a maximum at our sole discretion. In order to hold a stored balance of more than $1,000.00 (or equivalent in other currencies) in your ClickandBuy-Account, you must indicate your consent when you register for the Service. We will also provide you with an on-screen warning when, by funding your ClickandBuy-Account, your stored balance will exceed $1,000.00 (or equivalent in other currencies) which you will be asked to read and acknowledge.

6.7 If you have a stored balance in your ClickandBuy-Account, you will not receive interest or other earnings on this balance. The Service is a payment service rather than a banking or escrow service and we are not acting as a trustee of your stored balance.

6.8 If, before making a purchase, you do not have sufficient funds in your ClickandBuy-Account to cover the cost of the purchase, it will either (in ClickandBuy's sole discretion) be funded by the amount of the shortfall on making the purchase or shortly thereafter. By making the purchase with insufficient funds in your ClickandBuy-Account, you authorise us to obtain funds on your behalf from the authenticated Cards or Bank Accounts that you notified to us during the Registration Process to the value of the amount required to effect the payment. You may select the source of funding at the time of making the purchase. In the event that you do not select a choice of funding, ClickandBuy will select the appropriate source of funding depending on the funding preferences notified to us during the Registration Process or at a subsequent date. ClickandBuy will make the necessary payment instructions on your behalf immediately.

6.9 Where ClickandBuy is unable to obtain sufficient funds under paragraph 6.8, ClickandBuy may forward your details to the Content Provider who may pursue the debt further.

7.1 At any time and by logging into your ClickandBuy-Account, you may redeem all or a portion of your stored balance, subject to the remaining terms of this Agreement.

7.2 The fees charged by ClickandBuy for redeeming stored balance are set out in the fee table published from time to time on our Website at www.clickandbuy.com/US/en/. Any fees charged will deducted from the stored balance in your ClickandBuy-Account when making the redemption payment. You will be presented with the total fees for the redemption after you have logged your request and before completion of the redemption, at which point you may withdraw your redemption request.

7.3 Your stored balance will be redeemed in the currency of your ClickandBuy-Account. The redemption payment will be made by electronic transfer to a Bank Account. You may nominate a Bank Account but it is your responsibility to ensure that ClickandBuy is supplied with the correct information. The Bank Account into which the redemption payment will be made must be denominated in the currency of your ClickandBuy-Account.

7.4 ClickandBuy will not redeem money on your account unless it is equal to or greater in value than $ 10.00 or the equivalent in the currency of your stored balance.

7.5 ClickandBuy will make the necessary payment instructions immediately after the successful conclusion of any checks that are reasonably required to prevent financial crime, or to check whether the holder of the account is the person who is entitled to redeem the money.

7.6 ClickandBuy will endeavour to ensure that the redemption payment reaches your Bank Account within five business days of the day on which it gave the instructions. It is not a breach of this paragraph if the redemption payment does not reach your Bank Account in time due to a failure outside ClickandBuy’s control on the part of any third party that is involved in the electronic transfer.

8.1 You must not re-sell or attempt to re-sell the Service (or any part of it) to any third party or attempt to exploit the Service for any commercial purposes.

8.2 This Agreement is personal to you and only you may enforce any term or condition of this Agreement.

9.1 Neither you nor anyone else authorised by you may use the Service:

(a) fraudulently or in connection with a criminal offence;

(b) in an unlawful manner, in contravention of any applicable legislation or licence;

(c) in a way that does not comply with any instructions that we have given to you; or

(d) attempt to use the Service for tampering, ‘hacking’, modifying or otherwise corrupting the security or functionality of the Service, and you must ensure that this does not happen.

9.2 ClickandBuy may, at its discretion, apply procedures to detect and prevent any breach of paragraph 9.1.

10.1 In order to use the Service you will choose and will be issued with a password and a user name. You are responsible for the security and proper use of all passwords and your user name relating to the Service and must take all necessary steps to ensure that all passwords, and your user name are kept confidential, secure and are used properly. You agree not to divulge your password to any other person, and you agree not to use another person's user name or password. You agree that we shall have no liability to you or any other person for any losses or damages that you or anyone else may incur if you disclose your password to any other person, including losses arising out of the re-disclosure of this information by the recipient to another person.

10.2 You must not change or attempt to change a user name, but will be able to change your password. If you forget your password, you will be able to obtain a new password or be provided with a password reminder by contacting the customer care support department at the telephone number or email address stated on our Website at www.clickandbuy.com/US/en/, provided that you satisfy such security checks as we operate. You may also obtain a new password by using the automated password recovery process, accessible from your ClickandBuy-Account.

10.3 If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of the Service under paragraph 9 we may:

(a) require change of your password; and/or

(b) suspend user names and password access to the Service, and notify you accordingly.

10.4 You must inform us immediately if you believe that any password or user name has become known to any other person or if any password is being or is likely to be used in an unauthorised way.

10.5 You agree to update us immediately with any changes to the information you give to us during the Registration Process including any changes to your ClickandBuy-Account details.

11.1 You must indemnify us in respect of any sums we are obliged to pay because:

(a) the Service is misused in any of the ways described in paragraph 9;

(b) any claims or legal proceedings are brought or threatened against us by another person in respect of defamation, breach of copyright or other intellectual property right infringement which are attributable to your use of the Service; or

(c) if you use the Service for business purposes, any claims or legal proceedings are brought or threatened against us by another person because the Service is faulty or cannot be used by them.

11.2 In the event that your account is used by an unauthorised third party, whether fraudulently or otherwise, you are liable to lose funds that are already in the account.

11.3 Funds that are lost as a result of fraudulent funding from your bank account or credit or debit cards must be taken up with the bank or card issuer.

11.4 We will not seek to hold you liable for any unauthorised use (including fraudulent use) of your ClickandBuy-Account by any person after you have notified us of the loss or compromise of your account access details, as provided under paragraph 10.4.

12.1 We can suspend the Service or terminate this Agreement (or both) at our sole discretion immediately if:

(a) we are unable to settle a shortfall in your balance under the process in paragraph 6.8;

(b) you breach this Agreement and fail to remedy the breach within a reasonable period of being asked to do so;

(c) we believe that the Service is being used in a way forbidden by paragraph 9, even if you do not know that the Service is being used in such a way;

(d) we determine that your ClickandBuy-Account is Inactive;

(e) bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or

(f) we are required to do so by any regulatory or governmental agency or authority.

12.2 If we suspend or terminate the Service in accordance with paragraph 12.1, we will notify you in accordance with paragraph 18.

12.3 If we suspend the Service, it will not be restored until you satisfy us that the Service will only be used in accordance with this Agreement.

12.4 If the Service is suspended because of a breach of this Agreement by you, this Agreement will remain in force.

13.1 Activation of the Service will be deemed to have occurred upon completion of the Registration Process.

13.2 After activation of the Service, this Agreement will continue unless terminated by either you or us (whether in accordance with paragraph 12.1 or not) on immediate notice to the other. Notice of your termination should be sent by e-mail to the customer care support department at the email address stated on our Website at www.clickandbuy.com/US/en/. Termination will not occur until your ClickandBuy-Account has been credited with all payments made in accordance with paragraph 6.8 and any deposit you hold in your ClickandBuy-Account has been redeemed.

13.3 Redemption on termination shall be made in accordance with paragraph 7 (except that paragraph 7.3 and 7.4 will not apply to redemption under this paragraph 13.3). Redemption will be made to a Bank Account provided as part of the Registration Process. If that information is not correct and we are unable to make the redemption, the deposit held in your ClickandBuy-Account will be forfeited following 12 months from the date we terminate the agreement under paragraph 12.1 or the date of the notice of termination if termination is in accordance with paragraph 13.2.

13.4 We have the right to charge a maintenance fee as shown in the Fee Schedule as amended from time to time in accordance with paragraph 17 for the period from the date we terminate the agreement under paragraph 12.1 or the date of the notice of termination if termination is in accordance with paragraph 13.2 to the date we are able to redeem under paragraph 13.3.

13.5 Content Providers will have their own terms and conditions dealing with termination which may apply if you have entered into an ongoing agreement to purchase Content, services or Products from the Content Provider using the Service and the Service is terminated under paragraph 12 or 13.

If we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, 'hacking', unauthorised access, theft, operator error, earthquakes, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), or information lost due to malfunction or loss of any electronic systems, we will not be liable for this. If any such events continue for more than 14 days, you can terminate this Agreement provided that you give us notice. If the events continue for more than 3 months, we can terminate this Agreement by giving you notice. In either event, no administration charge will be raised. Termination shall be made in accordance with paragraph 13.

15.1 Our liability:

(a) for death or personal injury resulting from our negligence or that of our subcontractors; or

(b) for fraud or fraudulent misrepresentation; or

(c) for any matter, for which, according to applicable law, liability cannot be so excluded or limited, is not excluded or limited in any way and paragraphs 15.2 and 15.3 do not apply to such liability.

CLICKANDBUY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CKLICKANDBUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ClickandBuy®; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF WEBPAY UNDER THIS AGREEMENT EXCEED THE AMOUNT BY YOU IN CONNECTION WITH THE TRANSACTION WHICH GAVE RISE TO YOUR CLAIM.

15.2 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business revenue, profit, or savings you expected to make, wasted expenditure or data being lost or harmed. NEITHER WE NOR OUR SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE SERVICE.

15.3 Our liability in contract, tort or otherwise under or in connection with this Agreement is limited to the greater of:

(a) the amount of fees you paid to us under paragraph 3.5 in the 12 months prior to the liability arising; or

(b) the value of the transaction or the stored balance giving rise to the dispute.

15.4 We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment..

15.5 The Internet is separate from the Service and use of the Internet is at your own risk and is subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials obtained by you when using the Internet.

15.6 The Service only processes payment for sales transactions. We do not monitor or provide monitoring services to determine whether adult content or other inappropriate goods are being sold to minors. We therefore disclaim all liability if adult content or other inappropriate goods or services are sold to minors.

15.7 YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ”AS IS” AND ”AS AVAILAIBLE” AND THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED HEREIN, CLICKANDBUY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15.8 Each provision of this paragraph 15 operates separately in itself and survives independently of the others.

You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer this Agreement and all incorporated policies or any right or obligation under this Agreement without your consent.

We may change the terms and conditions of this Agreement at any time. We will give you at least 14 days notice of any changes before they take effect. Any changes may also be viewed on our website at www.clickandbuy.com/US/en/.

18.1 Notices given under this Agreement may be given on-line by electronic mail to the addressee at the following address:

(a) To us: at the email address for the customer care service team stated on our Website at www.clickandbuy.com/US/en/ at or any alternative address which we notify to you at any time;

(b) To you: at the email address you specify when registering for the Service or any alternative address which you notify to us at any time.

18.2 The language of this Agreement is English, and notices and other communications relating to this Agreement are to be given in English.

18.3 Notice shall be deemed given when the email is sent, unless the sending party is aware that the electronic communication was not received.

19.1 This Agreement shall be governed by the law of the State of New York without regard to conflicts of laws provisions thereof, and both parties irrevocably submit any dispute which may arise under the Agreement to the jurisdiction of a state or federal court situated in the City of New York, Borough of Manhattan, State of New York, USA.

19.2 If you are not satisfied with any aspect of the Service you may contact us by contacting the customer care support department at the telephone number or email address stated on our Website at www.clickandbuy.com/US/en/.

19.3 Our complaints handling procedures are set out at Complaints.

20.1 This Agreement and all incorporated policies, as changed from time to time in accordance with paragraph 17, constitute the entire agreement between the parties with respect to the Service and supersede and replace any and all earlier understandings and agreements between them. ClickandBuy will keep a record of the agreement applicable on any given date. You may review the current agreement prior to initiating any transaction at any time on our website at www.clickandbuy.com/US/en/.

20.2 The failure of ClickandBuy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ClickandBuy or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20.3 ClickandBuy does not act as agent for either the Content Provider or you and do not have responsibility for resolving any disputes between the Content Provider and you.