1.1. This User Agreement (“Agreement”) is executed by and between:
a) Paysme Limited incorporated and registered in the United Kingdom under company registration number 07435577 and the registered office of which is at Rise London, 41 Luke Street, London EC2A 4DP (“Paysme” or “we”).b) The person that benefits from our services regarding the indicated terms of this Agreement (“User” or “you”). Minors or people below 18 years old are not allowed to use our mobile application and/or website as a User.
1.2 Issuance of Electronic Money and payment services is provided by PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at "PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK" and registered office at "Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX" (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference XXXXXX) for the issuing of electronic money. Paysme is an EMD agent of PayrNET.
2.1. The following words have the following meanings in this Agreement:
a) Electronic Money: Electronically stored monetary value as represented by a claim against us.b) Platform: The mobile application and/or website that is owned by Paysme.c) Safeguarded Account: The bank account(s) belonging to PayrNet, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.d) Paysme: Paysme Limited incorporated and registered in the United Kingdom under company registration number 07435577 and the registered office of which is at Rise London, 41 Luke Street, London EC2A 4DP that carries out the activities on the website and “Paysme” mobile application.
3. Object of Agreement
This Agreement aims to determine the rights and obligations of the parties regarding their activities on the Platform. You must not use this Platform if you disagree with any part of this User Agreement.
4. Issuing Electronic Money to You
4.1. As part of the Services, Electronic Money shall be issued upon receipt of money from you. The Electronic Money shall be both stored and redeemed upon on your express instruction and in accordance with this Agreement. Electronic money is issued by PayrNet
4.2. Where we receive money from you or on your behalf, this money will be held by PayrNet in their relevant Safeguarded Account in exchange for the issuance by PayrNet to you of Electronic Money.
4.3. When PayrNet issue you with Electronic Money, PayrNet holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that:
4.3.1. PayrNet cannot and will not use the funds to invest or lend to other persons or entities;
4.3.2. PayrNet Electronic Money will not accrue interest; and
4.3.3. The Electronic Money is not covered by the Financial Services Compensation Scheme.
4.4. You may hold Electronic Money and PayrNet may hold funds corresponding to your Electronic Money indefinitely. However, if PayrNet hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
4.6. We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
5. Rights and Obligations of Parties
5.1. Paysme provides a platform to you where you can manage your accounts, create e-Wallets and make payments, money transfers and other financial transactions in regular currency (“Services”).
5.2. You must create an account on the Platform to use the Services. To register for an account, you must provide your name, date of birth, e-mail and other personal data and accept the terms of this Agreement. You agree that you will use the Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Paysme.
5.4. You confirm that all the personal and other kinds of information (any audio, video, text, images or other material you choose to display on the Platform) that you share when visiting the Platform and becoming a User are accurate, complete and up-to-date. Paysme reserves the right to suspend or terminate your account in case you provide incomplete, inaccurate or misleading information.
5.5. The information that you share must be your own and must not be invading any third-party’s rights. Paysme reserves the right to remove any of your content from the Platform at any time without notice.
5.6. You accept that you are at least 18 years old and have mental competence to execute agreements and legally bind yourself.
5.7. If you wish to make any transactions or take any other actions on the Platform, you accept that you are fully informed regarding your obligations under this Agreement and the relevant laws.
5.8. You will determine your user password to enter into the Platform. You accept and undertake that you are liable to protect your password and not share your password with any third parties.
5.9. In case your mobile phone or account is either stolen, lost or accessed by an unauthorized person, you must promptly inform Paysme to suspend your account. Otherwise, third parties may misuse your account. In such case, you accept that Paysme will not be responsible for the occurrence of such an event.
5.10. You can integrate your contacts on the Platform to easily transfer money to them. Upon your permission, Paysme sends the necessary information to the server in order to capture the numbers matching with the phone contacts. However, Paysme does not store this information.
5.11. Upon your permission, Paysme and its business partners may send push notifications to you through the Platform.
5.12. You agree that Paysme may share all the information and documents requested by the competent authority, attorneys and legally authorized persons and you will provide further necessary information to Paysme in case of an investigation, litigation etc.
5.13. You agree that in an event of a breach of the provisions of this Agreement, you will be responsible for both criminal and legal consequences of such breach.
5.14. You are liable for any material, moral, direct/indirect damages suffered by Paysme, its team members and/or any other person as a result of a breach of the terms of this Agreement. You agree to compensate any expenses and fines that Paysme pays due to your fault, within 30 (thirty) days from the written request of Paysme.
6. Privacy and Security
6.2. Paysme takes appropriate and reasonable technical and organizational measures to protect the Platform within the industry standards.
6.3. Paysme ensures that the Platform is likely to operate uninterrupted and free of any bugs or problems. However, Paysme cannot guarantee that such services will satisfy the User’s expectations and will not be responsible for such interruption, bug or problem.
7.1. We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
7.1.1. to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
7.1.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.2. We may disclose confidential information to the person or organisation which introduced or referred you to us, solely as necessary and limited to the purpose of paying such person or organisation an introductory/referral or affiliate fee.
8. Your Content
In this Agreement, "your content" shall mean any audio, video text, images or other material you choose to display on this Platform. By displaying your content, you grant Paysme and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services.
9. Intellectual Property
Other than your content under this Agreement, Paysme and/or its licensors own all the intellectual property rights and materials contained in this Platform. You are granted limited license only for purposes of viewing the material contained on this Platform.
You are specifically restricted from all of the following: copying, transmitting, distributing, reverse engineering, modifying, publishing, or participating in the transfer or sale of, creating derivative works from, or in any other way exploiting any of Platform material; selling, sublicensing and/or otherwise commercializing any Platform material; publicly performing and/or showing any Platform material; using this Platform in any way that is or may be damaging to this Platform; participating or engaging in, or causing others to participate or engage in, the intentional abuse or misuse of the Platform; using this Platform in any way that impacts user access to this Platform; using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform; using this Platform to engage in any advertising or marketing. Certain areas of this Platform are restricted from being accessed by you and Paysme may further restrict access by you to any areas of this Platform, at any time, in absolute discretion. Any user ID and password you may have for this Platform are confidential and you must maintain confidentiality as well.
11. Account Termination
You may close your account at any time. You will still be obligated to Paysme for any fees incurred, if applicable, before the closure and Paysme will remit to you funds not yet paid to you and associated with pre-closure fund transfers. If your account balance is below our documented minimum transfer amount, you may be responsible for any applicable transaction fees that may be incurred in the funds transfer. Paysme may terminate your account, at its discretion, upon notice to you via e-mail, SMS, or phone communication. In such circumstances Paysme will provide a minimum of 2 months’ notice Paysme may also terminate or suspend your access to the Services, with immediate effect, if Paysme suspects that you have failed to comply with this Agreement, conduct fraudulent, abusive, or unauthorized activity, or if you provide any false, incomplete, inaccurate or misleading information. Paysme will not be liable to you for any loss that you may incur in connection with our termination or suspension of your account.
12. No Warranties
This Platform is provided "as is," with all faults, and Paysme expresses no representations or warranties, of any kind related to this Platform or the materials contained on this Platform. Also, nothing contained on this Platform shall be interpreted as advising you.
13. Limitation of Liability
In no event, Paysme and any of its officers, directors and employees shall be held liable for anything arising out of or in any way connected with your use of this Platform whether such liability is under contract. Paysme, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform.
You hereby indemnify to the fullest extent Paysme from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of this Agreement.
If any provision of this Agreement is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
16. Changes to Agreement
Paysme may amend the agreement at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our platform or communicating it to you through the Services. Such revised version will be effective as of the time it is posted, but will not apply retroactively
Paysme is allowed to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under this Agreement.
18. Force Majeure
Neither Paysme nor the user be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
19. Entire Agreement
This Agreement constitutes the entire agreement between Paysme and you in relation to your use of this Platform, and supersedes all prior agreements and correspondences.
20. Governing Law and Jurisdiction
This Agreement will be governed by and interpreted in accordance with the English law, and you submit to the non-exclusive jurisdiction of the English courts for the resolution of any disputes.
21.1 If you feel that we have not met your expectations in the delivery of our Services, please contact us via email from email@example.com Alternatively, you may, at your own discretion forward any complaints to firstname.lastname@example.org
21.2 We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
21.3 If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from https://financial-ombudsman.org.uk In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
If you have any questions or requests please contact us at email@example.com