These conditions will regulate the payments effected by you using this website. These conditions are not to the exclusion of any Terms and Conditions of Use issued by the issuing banks, or published by Us on our website, the government portal and the Laws of Malta:
- "Card" means an HSBC Quickcash, Visa and Mastercard, BOV Cashlink, Visa and Mastercard, APS Premier, as agreed for the time being to be processed by the Bank for the Cardholder."Cardholder" means the person to whom a Card is issued or who is authorised to use the Card."Aquiring Banks" means those banks that have reached an agreement with the Government of Malta for the use of the electronic Payment Gateway."Us/We" means the Public Service or Public Sector Entity, hereinafter referred to as Us/We and to whom the payment is payable. Payment could be for the service being rendered by the Entity or for tax payable to Government or for Social Security Contributions."You" means the Cardholder.
- The following terms and conditions shall apply in respect of each and every electronic payment by means of a Card (henceforth Electronic Card (EC) Transaction).
- You shall not complete an EC Transaction if You are, or should on exercising reasonable care, be aware that the Card has expired or is not yet valid, without prejudice to any obligations by You with Us.
- Neither the acceptance by Us of the submission of any EC Transaction nor any payment by You or other act or omission of ours (other than an express written acknowledgement or waiver thereof by Us) shall constitute or be deemed to constitute any acknowledgement or waiver of compliance by You to warrant and agree that all transaction details so submitted are, within your knowledge, true and complete.
- Payment shall be without prejudice to any claims or rights which We may have against You and shall not constitute any admission by Us as to the performance by You of your obligations under this Agreement and the amount payable to You.
- Without prejudice to any statutory rights or obligations which either party may have, We shall be entitled at any time to refuse total or partial payment in respect of an EC Transaction in any of the following situations:-
o the EC Transaction is for any reason unlawful or unenforceable;
o when the web services are not available;
o there has been a breach by You of this Agreement, other than the breaches more specifically provided in this Clause 6, in connection with the EC Transaction.
- In respect of an EC Transaction, You shall be provided with a record of the EC Transaction (by electronic means, surface mail or other methods acceptable to Us) and such record shall include: (a) a description of services provided or the type of tax payable; (b) your name and our name; (c) the transaction amount and currency.
- We shall be under no liability to You (whether for loss of profit or otherwise) for any suspension, interruption, error or failure in our computer systems for performing or processing EC Transactions (or in any part thereof). We shall however, endeavour to provide an alternative method of payment in addition to the electronic Payment Gateway method without prejudice to the Terms and Conditions governing the provision of this service or the claims by the Government for taxation.
o Except as expressly provided to the contrary in this Agreement all terms, conditions, warranties, undertakings inducements or representations whether
express, implied, statutory or otherwise (including without limitation any terms about merchantability or satisfactory quality or fitness for any
particular purpose) are excluded.
- You will indemnify us on demand in respect of any actions, claims, costs, damages, demands, expenses and charges, losses and liabilities, suffered or incurred by Us arising directly from or in connection with any failure by You to comply with the provisions of this Agreement.
- Both parties expressly exclude liability for consequential loss or damage which may arise in connection with this Agreement, or for loss of profit, business, revenue, goodwill, anticipated savings or otherwise.
- You acknowledge and agree that You have not entered into this Agreement in reliance on any representation statement or warranty (whether written or oral and whether express or implied) made by or on our behalf other than such as are expressly set out herein.
- Our failure to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
- In the case of conflict between the English and the Maltese version of these terms and conditions, the English version shall prevail.