Last updated on 22 December 2016.
These Terms and Conditions constitute a legal agreement (“Agreement”) between Jamatto Limited (referred to as “Jamatto” and “we,” “our” or “us”) and you, the user of Jamatto services (referred to as “you”, “your” or the “Buyer”) to make small payments to online businesses (sometimes referred to as “Sellers”). You may request a copy of this Agreement, and the other terms or documents incorporated in it by reference, at any time during the term of this Agreement.
Jamatto's website is at https://jamatto.com. Jamatto’s user support email address is support@jamatto.com.
We developed this multi-purpose voucher service (the “Jamatto Service” or the “Service”) to help Sellers accept small amounts (collectively “Purchases” or “Payments” or “Transactions”) from you, their customers (each, a “customer” or a “Buyer”) in exchange for their products and services. Jamatto is a way of transacting with Sellers, but it doesn’t change anything else about your relationship with the Seller or your bank or credit card company. The Seller, and not Jamatto, is responsible for providing you the goods or services that you purchase using Jamatto. We do not assume any liability for the products or services purchased using our Service. You are ultimately responsible for the purchases you make using Jamatto. You will be required to register for an account to use Jamatto (“Jamatto Account”).
Through your Jamatto Account you, the Buyer, will be able to use vouchers to enjoy personalised content and make purchases, view your purchase history, and top up your voucher balance. We provide a website and other software to enable you to use the Service on third party websites. We reserve the right to update any and all software for to continue using the Service.
By accepting this Agreement, you authorise Jamatto to transfer vouchers on your behalf to Sellers for their services and products. Once the voucher balance in your Jamatto account is exhausted through your making purchases, you have the option to top up your voucher balance. You are not obliged to top up your voucher balance, although by choosing not to top up, you will be restricted from making further purchases on all Sellers' websites using the Jamatto Services. When you do top up your voucher balance, you pay us using our affiliate banks or card payment processors. Your payment card information is captured, processed and stored by only our affiliate banks or card payment processors. Jamatto does not capture, process or store your payment card information. Jamatto accepts no liability for breach of payment card information. When you do top up your voucher balance, any and all funds that you pay us using our affiliate banks or card payment processors are entirely owned by Jamatto for disbursement to Sellers from whom you make purchases. There is no mechanism (both from a technical and legal perspective) for a Buyer to withdraw funds associated with a voucher balance (derived either from voucher balance top ups or from free vouchers we have offered you) from Jamatto. From time to time, the Jamatto Service will provide you with information regarding your current voucher balance that is available for making purchases from Sellers. Your current voucher balance information does not constitute a deposit or other obligation owed by Jamatto to you. Your current voucher balance information reflected in the Jamatto management dashboard is for reporting and informational purposes only. We reserve the right to limit the amount you may top up and the voucher amount you may spend using the Jamatto services in any given period.
When you make a purchase using your voucher balance, you perform the transaction in the currency specified by the Seller. If your voucher balance account has available funds in that currency, they will be used to offset the transaction amount. If your voucher balance account has available funds in a currency different to the transaction currency, we will deduct from your available funds an amount equivalently equal to the previous day's ECB close FX mid rate, plus an adjustment of 5% of the transaction amount.
Jamatto will provide you with limited support to help resolve any issues relating to your use of Jamatto. You, and you alone, are responsible for working with the Seller to resolve any and all issues related to your purchase of their products and services, including but not limited to issues arising from the processing of purchases through the Service.
A Buyer's account is deemed to have become Dormant if it has made no transactions or top ups after a period of two years. As soon as a Buyer's account becomes Dormant, the voucher balance available at that time will become Forfeit, and the Buyer will have no further ability to make transactions using this Forfeit voucher balance. A Dormant Buyer's account will no longer be considered Dormant as soon as a top up transaction is received for that account. While any previously Forfeit available voucher balance will remain forfeit, the new available voucher balance after this top up will be treated as if the Buyer's account were never Dormant.
a. Privacy: You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy linked to and incorporated into this Agreement by reference. Our Privacy Policy contains your consent to our collection, use, retention, and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose, and safeguard the information you provide to us.
b. Data Protection: Protection of personal data are very important to us. Jamatto will comply with the applicable data protection laws, including in particular, the adoption of laws consistent with the EU Directive 95/46/EC (“EU Data Directive”) binding in United Kingdom, as amended from time to time.
In providing the Jamatto Services, Jamatto transfers, stores and processes personal data on servers located in the US.
From time to time we may offer you additional features or services (“Additional Services”), which may be subject to additional or different terms of service. As with the Jamatto Services, you may not use these Additional Services unless you agree to the applicable terms of service. Except where expressly stated otherwise, your use of Additional Services will have no impact on the applicability of this Agreement to the Service.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you’ve obtained the consent of your parent or legal guardian to your execution of this Agreement and use of the Jamatto Service in the manner prescribed by Jamatto; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) you and all transactions initiated by you will comply with all laws, rules and regulations applicable to you; (d) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Jamatto, and each of our respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any penalties and attorneys fees; (iii) your negligence or wilful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions.
THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) JAMATTO; (II) PROCESSORS, SUPPLIERS OR LICENSORS OF JAMATTO; OR (III) ANY OF THE DISCLAIMING ENTITIES, WILL CREATE ANY WARRANTY.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE DISCLAIMING ENTITIES HAVE NO CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICE, AND NEITHER JAMATTO NOR ANY OF THE OTHER DISCLAIMING ENTITIES CAN ENSURE THAT YOUR CUSTOMERS WILL COMPLETE A TRANSACTION OR IS AUTHORISED TO DO SO.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER JAMATTO NOR ANY OTHER DISCLAIMING ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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 OF SERVICE EXCEED $10 US DOLLARS.
Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain 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, labor conditions, power failures and Internet disturbances.
This Agreement is concluded in English.
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) (a “Dispute”) will be governed by and construed in accordance with the laws of England and Wales.
Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be London and the language of the arbitration shall be English.
Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
We have the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with two months’ prior notice, including such notice on our website or any other website maintained or owned by Jamatto for the purposes of providing services in terms of this Agreement. You will be deemed to have accepted the changes unless you notify us to the contrary in writing to Jamatto’s email address as set out above before the proposed date of the change and any use of the Service or software after the notified date of proposed implementation of any such changes shall constitute your acceptance of this Agreement as modified. You have the right to terminate this Agreement immediately and without charge before that date. If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. The Jamatto website may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
Jamatto may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. Where permitted, we will use reasonable efforts to provide you notice of such Legal Process by sending a copy to the email address we have on file for you. Jamatto is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Legal Process.
These terms and conditions and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and Jamatto with respect to the provision of the Service. In the event of a conflict between this Agreement and any other Jamatto agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of Jamatto and our vendors and suppliers (including processors) and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement has been reviewed by you with the benefit of independent legal counsel to the extent you consider necessary and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the construction or interpretation of this Agreement. The rights conferred upon us in this Agreement are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity. Rather, each and every right we may have under this Agreement, at law or in equity is cumulative and concurrent and in addition to every other right.
Jamatto's failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service 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 of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service constitute the entire agreement between you and Jamatto with respect to the use of Jamatto. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Jamatto which each shall be a third party beneficiary of these Terms of Service, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement will survive and remain in effect in accordance with their terms upon the termination of this Agreement: Sections 6-19.