1. SCOPE

(1) CLICK2PAY is an internet payment medium provided by CLICK2PAY GmbH (CLICK2PAY) with which the USER can pay for goods and services at suppliers (“Suppliers”) authorised by CLICK2PAY without stating bank account or credit card details for each payment transaction.

(2) These “General Terms and Conditions of Business for CLICK2PAY USERS” apply to the USER’s legal relations in the case of using CLICK2PAY with regard to CLICK2PAY as well as to Suppliers.

2. SUBJECT MATTER OF CONTENT

(1) The USER registers with CLICK2PAY by stating his e-mail address, his banking connection and, if applicable, his credit card details or details of other means of payment (e.g. telephone value added service numbers) upon which CLICK2PAY provides him with a CLICK2PAY password and a personal account number (PAN). The USER’s e-mail address serves as a username.

(2) CLICK2PAY issues to USER a star rating (1 to 6 Stars) depending on the USER’s credit status.

(3) To pay for goods or services at an authorised supplier the USER states his e-mail address and his CLICK2PAY password or his personal account number (PAN), and in doing so issues an irrevocable authorisation to pay the invoice amount. If envisaged he additionally selects the type of payment method (credit card, direct debit or others). CLICK2PAY forwards this declaration to the Supplier on behalf of the USER.

(4) Where possible CLICK2PAY verifies the current payment entitlement with the selected means of payment and forwards the result to the Supplier who, depending on the outcome of the verification, releases its services.

(5) As a general rule the forwarding of payment data and payment processing are carried out as part of an agency contract on the USER’s behalf without further costs. This does not apply to transaction costs incurred for credit card payments, direct debits or an otherwise selected type of payment. Especially in case of returned items CLICK2PAY shall be able to charge the USER reasonable fees for returned items.

(6) Contrary to this the USER may be liable to pay fees in accordance with the separate agreement for forwarding payment data and processing payments. Such fees are based on the respective valid pricelist and shall be added towards the amount released by the USER. If the payment cannot be collected, the USER shall be directly invoiced for the amount.

(7) All other activities on the part of CLICK2PAY that are of relevance to invoicing shall be carried out by order of and subject to authorisation by the Supplier.

3. REGISTRATION AS A CLICK2PAY USER

(1) To register as a CLICK2PAY USER the “master data”, i.e. the personal data and the data regarding the selected means of payment (direct debit, credit card and the like) must be entered, as well as a valid e-mail address as a username. The confirmation of registration and the respective password shall be provided immediately via electronic means.

(2) CLICK2PAY subsequently carries out a validation and verification process with a view to the authenticity and ability to identify the forwarded data.

(3) The USER is to forward applicable, detailed and full information. The USER is to ensure that his master data are up-to-date at all times. He is to inform CLICK2PAY without delay of amendments in the manner specified by CLICK2PAY, or amend the data independently on the CLICK2PAY website.

4. SERVICES ON THE PART OF THE SUPPLIER

(1) CLICK2PAY is not a party to the contractual relationship between the USER and the Supplier. No obligations apply to CLICK2PAY in relation to offers or rendering the Supplier’s services. It is incumbent upon the suppliers to present, set up and offer their services at their own responsibility. In respect of the Supplier’s services, CLICK2PAY does not accept any responsibility with regard to accuracy, completeness, and preservation of value, validity and/or quality. In particular CLICK2PAY does not adopt the Supplier’s content as its own.

(2) Complaints and objections resulting from the contractual relationship between the USER and the Supplier are to be clarified directly between these parties. Complaints/objections do not affect the USER’s obligation to pay in view of the selected type of payment. The card owner is to check invoice listings and other account statements and announcements as regards accuracy and completeness and raise possible objections without delay.

5. OBLIGATIONS ON THE PART OF THE USER

(1) The USER assures that he is entitled to use the respective means of payment at the time of payment.

(2) The USER shall inform CLICK2PAY of identifiable defects and faults in the CLICK2PAY system.

(3) Any natural person may only register with CLICK2PAY once each time to use a CLICK2PAY account.

(4) The username, password and personal account number (PAN) together as an access entitlement to the CLICK2PAY payment system may only be used by the USER, and are not transferable.

(5) The USER is to keep the password and the personal account number (PAN) secret and ensure that these are not made available to third parties. The USER undertakes to inform CLICK2PAY without delay in writing or per e-mail of the suspicion of improper use of CLICK2PAY or of other anomalies in the case of effecting payments.

(6) The user is to draw up and archive forms to document all transactions on the internet. The USER may not use CLICK2PAY for offers where non-cash payment is restricted, nor for offers where the content violates local law.

(7) In the event that the aforementioned obligations are violated or if the payment via CLICK2PAY is disputed or in the case of other obstructions in relation to collecting payments, CLICK2PAY shall be entitled to temporarily or wholly block access to the CLICK2PAY system with immediate effect. The USER is to reimburse CLICK2PAY for the damage caused as a result of a breach of obligations, in particular as a result of delayed notification of improper use by third parties, and release CLICK2PAY from all disadvantages that arise as a result of his detrimental actions.

6. CALLING ON THE SERVICES OF THIRD PARTIES

(1) CLICK2PAY is entitled to call on the services of third parties to honour its obligations resulting from this agreement. In particular outsourcing may be carried out within the meaning of order data processing pursuant to Art. 11 BDSG¹.

(2) CLICK2PAY may request that certain processing sequences be carried out directly by such third parties either wholly or in part.

(3) CLICK2PAY is further entitled to assign rights and obligations resulting from this contract, either wholly or in part, to a company affiliated with CLICK2PAY within the meaning of Art. 15 AtkG².

¹ German Federal Data Protection Act
² German Company Law

7. WARRANTY AND LIABILITY

(1) CLICK2PAY does not accept any responsibility for the availability of the CLICK2PAY system and the success of the commissioned payments. In particular CLICK2PAY does not accept any responsibility or liability for the availability of CLICK2PAY or for maintenance work carried out on the CLICK2PAY system, on CLICK2PAY, or for malfunctions in third party telecommunications networks used for accessing CLICK2PAY.

(2) The liability of CLICK2PAY and its vicarious agents is restricted to cases of gross negligence and intent. This exemption from liability does not include damage to life and limb, pursuant to the German Product Liability Act, Art. 7 (2) of the German Telecommunications Customer Protection Ordinance (Telekommunikationskundenschutzverordnung, TKV) and as a result of violation of key contractual obligations. In the event of the violation of key contractual obligations, the type of liability is restricted to foreseeable, indirect damage. In the event of a violation of Art. 7 (2), TKV, the liability is restricted to the amount stated therein.

8. DATA PROTECTION

(1) CLICK2PAY collects, processes and uses the USER’s personal data that are stated as part of the registration for the purpose of licencing and using the CLICK2PAY system.

(2) Personal data are collected, processed and used in the case of payment transactions insofar as this is necessary to process such payments with due consideration given to the special features of the respective means of payment and the CLICK2PAY system.

(3) Data are stored insofar as this is necessary to process payments and possible objections.

(4) The USER’s personal data relating to utilising the services may be forwarded to the Supplier.

9. LICENCE FOR CLICK2PAY

(1) Minors (persons under 18) and those resident in the countries stated below will not be granted the right to use CLICK2PAY:

i. Irak
ii. Ghana
iii. Djibouti
iv. Cuba
v. Iran
vi. Libya
vii. North Korea
viii. Sudan
ix. Syria
x. Afghanistan

10. TERMINATION

(1) CLICK2PAY and the USER may terminate the contractual relationship on the use of CLICK2PAY without notice.

(2) This does not affect the processing of payment transactions already commissioned.

11. MISCELLANEOUS

(1) Subsidiary agreements, amendments or supplementary information are subject to the written form in order to be deemed valid.

(2) This contract of use of CLICK2PAY shall be concluded by way of the electronic confirmation of the USER’s registration.

(3) The contract is subject to German law. The UN Sales Convention shall not be applicable. Insofar as it is permissible, the place of jurisdiction is the Munich I Regional Court.

Last updated, January 2007