Terms & Conditions
Introduction
The website paywards.com is operated by DigiCorp GmbH, a company registered in Switzerland (Letzacherstrasse 23, 8117 Fällanden, Zürich).
Article 1 – The General Terms and Conditions
1.1 These general terms and conditions apply to any offer by Paywards and to any contract formed between Paywards and the consumer. Paywards's general terms and conditions can be found at https://paywards.com/legal/terms. Consumers can easily download and save these General Terms and Conditions on this website.
1.2 If any provision of these General Terms and Conditions is null and void or annulled, the remaining provisions of these General Terms and Conditions will remain in full force and effect.
1.3 Paywards reserves the right to amend, update, or modify these terms and conditions at any time at its sole discretion. Changes will take effect upon publication of the new terms and conditions on the website (paywards.com), unless otherwise stated. Continued use of the website or services after such changes constitutes acceptance of the amended terms and conditions.
Article 2 – The purchase agreement
2.1 The offer made on paywards.com contains a complete and accurate description of the digital products offered. Manifest mistakes or manifest errors in the offer are not binding on Paywards.
2.2 Paywards is not a publisher or issuer of digital products. The offer made by Paywards is at all times limited to what is offered or made known by the publisher or issuer of the digital product in the Product's Terms and Conditions. Customers are responsible to review the Product's Terms and Conditions and hereby acknowledge that they have done so prior to completing the purchase.
2.3 Purchase Agreement Formation: The Purchase Agreement between Paywards and the customer is formed when the customer completes an order to Paywards, by finalizing the order checkout process on paywards.com and clicking-on the order submission button ("Order & Pay" or "Checkout"). By doing so, the customer enters in a binding Purchase Agreement with Paywards, to purchase all products selected in the shopping cart at the time of order completion.
2.3.1 Order Payment: Performance of Paywards's obligations under the Purchase Agreement, including delivery of the products, is expressly subject to the condition that full payment of the total order value has been made and received by Paywards. The total order value includes i) the product value and ii) all applicable additional fees displayed during payment, including, indicatively, Paywards's service charges and the Payment Service Provider's transaction fee). Upon receiving the payment of the full order value, the ordered products will be delivered as soon as possible and without delay, subject to the limitations included in these Terms and Conditions, including Clauses 2.6, 6 and 8.
Subject to Clause 2.4, if the customer fails to pay the full order value, in whole or in part, within a reasonable period of time, Paywards may cancel the Purchase Agreement without any obligation to deliver the products.
2.3.2 In order to finalize the order checkout process and submission, the customer needs to confirm acknowledgement and acceptance of the transaction terms and conditions applicable to this purchase, including, without limitation, these Terms & Conditions, the Privacy Policy, the Return Policy, and the waiver of the right of withdrawal.
2.4 Partial Payments: If a customer submits an order on Paywards.com and only makes a "Partial Payment" (i.e. a payment not covering the full order value as per Clause 2.3), the order will remain pending for a reasonable time period, until the full payment is received. If full payment is not received within a reasonable time period, as per Clause 2.4.1, the order shall be automatically cancelled without delivery of the product. In such cases, any partial payment shall be deducted and retained by Paywards, in order to cover the costs for the initiation, handling and processing of the order and shall be non-refundable, unless i) the non-completion of the payment is due to Paywards's fault and subject to the requirements of applicable law.
2.4.1 The reasonable time period after which a pending partial payment order will be closed and non-refundable is: 2 months.
2.4.2 By submitting a partial payment, the customer acknowledges and agrees that:
- The partial payment is used to initiate order processing, ensure stock availability, order reservation and to cover any expenses that need to be incurred by Paywards in this regard;
- Failure to complete full payment of the order within the above reasonable time period will result in the deduction of the partial payment, at Paywards's sole discretion;
- A refund of the partial payment is not possible if the order is not completed in the reasonable time period, subject to applicable law, including consumer protection legislation.
2.4.3 Notwithstanding the foregoing, Paywards may at its sole discretion, decide to refund a partial payment after expiry of the reasonable time period of Clause 2.4.1, but only if special circumstances apply that have prevented the completion of the full order payment apply (e.g. in case of demonstrated technical issues preventing payment or in case of confirmed unauthorized transactions).
2.5 Use of Credit Card payments: When a purchase is made using a credit card, the consumer affirms that the purchase is made solely for their personal use and not for any third-party interests. This condition is intended to ensure compliance with credit card non-transferability requirements.
2.6 By purchasing digital products (including vouchers) on paywards.com, you affirm that the funds used for this purchase originate from a lawful and legitimate source and that you comply with all applicable legislation.
2.6.1 When redeeming the vouchers, you agree to comply with applicable legislation and with all applicable rules set forth by the voucher provider. You further agree not to use the voucher(s) for any services that are offered illegally.
2.6.2 Please be informed that in order to comply with regulatory and/or product requirements, additional Customer Verification may be required, before or after the transaction, for the completion of the Purchase Agreement and the delivery of the ordered products. Customer verification may include, without limitation, verification of your identity, the sources of your funds and the intended use of the voucher(s). Consequently, the delivery of vouchers may be delayed or suspended, until completion of the necessary Customer Verification process.
2.7 Australia – Gambling prohibition
Paywards does not offer, endorse, or facilitate gambling services of any kind. The digital products (vouchers) provided through our platform are intended solely for legitimate and lawful purposes. We expressly disclaim any intent or responsibility to enable, support, or promote gambling activities.
In accordance with Australian laws prohibiting the use of credit card, credit-related and digital currency payments for interactive gambling-wagering activities, you are strictly prohibited from purchasing products on paywards.com using a credit card or digital currency payment (digital wallet, cryptocurrency, or any other digital currency payment method), if the vouchers will be used for gambling purposes or to debit funds for online interactive gambling-wagering activities while being physically present in Australia. By completing a purchase, you confirm that you will not use the voucher(s) in violation of these regulations or for any gambling-related activities.
To ensure compliance with this policy, we reserve the right to implement measures, including payment method restrictions, transaction monitoring, post-purchase verification, suspension or termination of your account. If it is determined that a purchase violates these restrictions, the transaction may be canceled, and any payments made will be refunded where permissible by law.
Additionally, in case you refuse to cooperate in case of a request from us for post-purchase verification, we reserve the right to implement the above mentioned measures.
Article 3 – Exclusion of the right of withdrawal
3.1 The purchase is for the delivery of digital content that is not delivered on a tangible medium. By their nature, these digital products may be excluded from the right of withdrawal. Paywards excludes that right of withdrawal. Before any purchase can be made, the consumer must express their explicit consent to waive the right of withdrawal. By completing the purchase, the consumer explicitly agrees that the delivery of the digital product will begin immediately and acknowledges that they will lose their right of withdrawal once the delivery has begun.
3.2 The consumer acknowledges that digital products, once delivered, cannot be returned or refunded in the same way as physical products, and that the right of withdrawal does not apply to these products once delivery has commenced.
Article 4 – Prices
4.1 All prices on paywards.com are displayed in the applicable currency and include applicable taxes, unless otherwise stated.
4.2 Paywards reserves the right to change prices at any time. The price applicable to your order is the price displayed at the time you complete your purchase.
4.3 Additional fees may apply, including service charges and payment processing fees, which will be clearly displayed before you complete your purchase.
Article 5 – Payment
5.1 Payment can be made using the payment methods indicated on the website at the time of purchase.
5.2 Payment must be made in advance, before delivery of the digital products.
5.3 The consumer is responsible for ensuring that payment information provided is accurate and that sufficient funds are available.
5.4 In case of payment failure, Paywards reserves the right to cancel the order without any obligation to deliver the products.
Article 6 – Delivery
6.1 Digital products will be delivered electronically as soon as possible after payment has been confirmed.
6.2 Delivery is made by making the digital code available in the consumer’s account (Order History) on the website as soon as possible after payment has been confirmed. The consumer must be logged in to access the code.
6.3 The consumer is responsible for ensuring that they can access their account to view and copy the code.
6.4 Paywards is not liable for delays in delivery caused by third parties or technical issues beyond its control.
6.5 If the consumer cannot access the code in their account (e.g. due to account or technical issues), they should contact Paywards; we may assist or redeliver at our discretion where appropriate.
Article 7 – Conformity and guarantee
7.1 Paywards guarantees that the digital products delivered conform to the description provided on the website.
7.2 If a product does not conform to the description, the consumer must notify Paywards as soon as possible, but no later than 14 days after delivery.
7.3 In case of non-conformity, Paywards will, at its discretion, either provide a replacement product or refund the amount paid, subject to the limitations set forth in Article 9.
7.4 Paywards is not responsible for the functionality, availability, or terms of use of the digital products once they have been delivered, as these are determined by the product issuer or publisher.
Article 8 – Complaints and disputes
8.1 If the consumer has a complaint about the performance of the agreement, they must submit this complaint to Paywards as soon as possible, but no later than 14 days after discovery of the defect.
8.2 Complaints must be submitted in writing via our Contact page, with a clear description of the complaint.
8.3 Paywards will respond to complaints as soon as possible, but no later than 14 days after receipt.
8.4 If a complaint cannot be resolved by mutual agreement, the consumer may refer the matter to the competent court in accordance with Article 12.
Article 9 – Liability
9.1 Paywards is only liable for damage that is the direct and demonstrable result of a failure attributable to Paywards in the performance of the agreement.
9.2 Paywards is not liable for damage resulting from acts or omissions of third parties, including but not limited to payment service providers, product issuers, or publishers.
9.3 Paywards is not liable for indirect damage, consequential damage, lost profits, lost savings, or damage due to business interruption.
9.4 Paywards is not liable for damages resulting from any act, omission or decision of any publisher or issuer of the digital product. Paywards is not liable for damage if product terms of the digital product are breached.
9.5 Paywards is not liable for damage in the event that the information obligation of Article 5.3 is not met.
9.6 Paywards is not liable for damage resulting from hacking or account hacking, social engineering or other unlawful acts of third parties.
9.7 Paywards is not liable for damage resulting from any incorrect entry of the email address, incorrect country selection or other incorrect entry or choice by or of the consumer.
9.8 Paywards is not liable for damage resulting from an act or omission by third parties.
9.9 Paywards is not liable for damage if the publisher of the product or the operator of the website where the product is redeemed has detected fraud, money laundering or terrorist financing or has any suspicion of that.
9.10 Paywards is not liable if the product cannot be used due to a failure at the publisher of the product or at the operator of the website where the consumer intends to use the product.
9.11 Paywards is not liable for any fees charged by the issuer of the product, such as maintenance fees or redemption fees.
9.12 Paywards's liability is limited to the damage that can be considered an immediate and obvious consequence of any non-performance or defective performance up to the nominal value of the defective digital product. Paywards is not liable for indirect and consequential damage.
9.13 Any liability of Paywards is limited to the amount covered by its insurance.
9.14 In the event of liability for a defective product, Paywards will either provide another equivalent digital product or refund the amount paid.
9.15 The limitations of liability contained in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Paywards's directors.
9.16 Paywards hereby unequivocally disclaims any association or endorsement of the use of products showcased on its website (paywards.com) for any unlawful practices, regardless of their nature, explicitly stating that it bears no responsibility whatsoever for any engagement therein by the purchaser.
Article 10 – Complaints procedure
10.1 Paywards has a complaints procedure published on its website. It will handle any complaint in accordance with this complaints procedure.
10.2 Complaints about the performance of any agreement must be submitted to Paywards fully, with a clear description of the complaint.
10.3 Complaints submitted to Paywards will be answered as soon as possible, but at the latest within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Paywards will notify the consumer within the 14-day period of when to expect a more detailed response. Paywards will make every effort to find a satisfactory solution.
Article 11 – Disputes
11.1 The law applicable to all agreements between Paywards and the consumer shall be determined in accordance with applicable conflict of laws rules.
11.2 Any disputes between the consumer and Paywards will be submitted to the competent court having jurisdiction over the matter, unless another court is competent to hear and determine the dispute.
Last updated
These Terms and Conditions were last updated on: 12 December 2024
Disclaimer
1. In this disclaimer, the following terms shall have the following meanings:
- The web page: every web page in which the publisher includes a hyperlink to this disclaimer with the intention of making this disclaimer applicable to it;
- The publisher: the authorised publisher of the web page, being Paywards;
- Use(s): including loading, logging in, requesting, consulting, reading, viewing, listening, editing, filling in (forms), sending, (temporarily) copying, storing, forwarding, distributing, making use of services, committing legal acts (e.g. buying, renting);
- You: the natural or legal person, whether or not represented, who uses the web page;
- The content: including texts, images, hyperlinks, sound and/or video fragments and/or other objects;
- Damage: direct or indirect damage of any nature whatsoever, including lost data and business, lost turnover, profit or other economic disadvantage.
2. The following applies to this web page. By using this web page you agree with this disclaimer.
3. The publisher makes every effort to regularly update and/or supplement the content of the web page. Despite this care and attention, it is possible that the content is incomplete and/or incorrect.
4. The publisher provides the content of the web page in the state in which it actually is, without warranty or guarantee regarding the soundness, suitability for a particular purpose or otherwise. The content is experimental and intended for private use.
5. The publisher is not liable for damage that has been or threatens to be inflicted and results from or in any way related to the use of the web page or to the inability to consult the web page.
6. The publisher may change or terminate the web page (or have it changed) at his own discretion and at any time he wishes, with or without prior notice. The publisher is not liable for the consequences of the change or termination.
7. Subject to this disclaimer, the publisher is not responsible for files of third parties that are clearly linked to the web page. Linking does not imply ratification of those files.
8. Unauthorised or improper use of the web page or its content may result in an infringement of intellectual property rights, regulations regarding privacy, publication and/or communication in the broadest sense of the word. You are responsible for everything you send from the web page.
9. The publisher reserves the right to deny you permission to use the web page and/or certain services offered on the web page. In addition, the publisher can monitor access to the web page. See also your cookie policy as part of our Privacy Policy.
10. You will protect and indemnify the publisher, its employees, representatives, licensees, trading partners and the author of this disclaimer against judicial and extrajudicial measures, convictions, etc., including the costs for legal assistance, accountants, etc. that are instituted by third parties as a result of or related to your use of the web page, your violation of any statutory regulation or the rights of third party.
Contact us
If you have questions about these Terms and Conditions, please reach us via our Contact page.