LAST UPDATED: 01 September 2023 

These terms of service (the “Terms”) set out the terms on which you may access and use the services that Paytalya makes available through our mobile application available through various third-party app stores (“App”). 

Please read these Terms carefully before you start to use the App and ensure you understand them as they are a legally binding agreement between you and Paytalya. 

By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not download, register an account or use the App.

These Terms should be read alongside our Privacy Policy (available at: https://paytalya.com/paytalya-privacy-policy/]). 

ABOUT PAYTALYA

The App is provided by Paytalya Limited, a company incorporated in England and Wales with company number 14937458 whose registered office is at 32 Willoughby Road, Hornsey, London, England, N8 0JG (“Paytalya”, “we”, “us” and “our”). 

INTERPRETATION

In these Terms, the following words shall have the meanings given to them below:

“Digital Balance” means the balance held in your Digital Wallet to be redeemed by you in Participating Outlets for the purchase of the Participating Retailer’s goods and services; 

“Digital Wallet” means the digital wallet made available to you by a Participating Retailer accessible through the App which holds your Digital Balance; 

“Participating Outlets” means any outlet or store of the Participating Retailer that is authorised by a Participating Retailer to use the App to redeem your Digital Balance; 

“Participating Retailer” means a retailer who uses the App to make its Digital Wallet available to you and offer you Rewards;

“Participating Retailer Wallet Terms” means the terms between you and the Participating Retailer which governs your use of the Digital Wallet and the Rewards which are accessible [[paytalya.com]];

“Rewards” means rewards, discounts and offers a Participating Retailer makes available to you via the App as a result of your use of the Digital Wallet in accordance with Participating Retailer Wallet Terms;

“Rules of Acceptable Use” has the meaning given in section 8.4

HOW TO CONTACT US

You can contact us by email at: [info@paytalya.com]

HOW WE WILL CONTACT YOU

We will mainly contact you by sending in-app messages and emails notifications to your device.

We may also contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your contact details change.

YOUR ACCOUNT AND PASSWORD

To access the App, you must download it from an app store and create an account with us. 

You must be 18 or older and resident in the UK to create an account with us.  

You may use the App for personal use only and not for any commercial purpose, unless Paytalya has given its prior written consent to such usage. For the purposes of these Terms, ‘personal use’ is limited to activities which are carried out for purposes wholly or mainly outside your trade, business, craft, or profession. 

You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the App if any information provided proves not to be accurate or current.

You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.

You are responsible for all activity under your account even if someone else uses your account. 

THE APP

Once you have created your account, you can use the App to do the following:

Create a Digital Wallet with a Participating Retailer as long as you agree to the Participating Retailer Wallet Terms;

Transfer a balance to your Digital Wallet or withdraw your balance (subject to any administrative charges);

See your Digital Balance (including any Rewards) and view your transactions;

Use your Digital Balance to pay for goods and services at Participating Outlets;

Use your Rewards as permitted by a Participating Retailer;

Allow your authorised individuals to use your Digital Balance to pay for goods and services at Participating Outlets;

Access offers and promotions made available through the App by a Participating Retailer.

Unless specifically stated otherwise, any new features, services or software applications introduced on the App shall be subject to these Terms.

You acknowledge that a Participating Retailer (and not us) is solely responsible for holding your funds as represented in your Digital Wallet as a prepayment for use in Participating Outlets and that: 

the use of your Digital Wallet and Digital Balance is governed by the Participating Retailer Wallet Terms;

the way you earn and use Rewards is governed by any terms and conditions specified by the Participating Retailer;

the purchase of goods or services from a Participating Outlet by you using your Digital Wallet is a transaction between you and the Participating Retailer. 

YOUR RIGHT TO USE THE PAYTALYA APP

We grant you a limited, non-exclusive, non-transferable license to install and use the App on your mobile device for the purposes of accessing and using the App.

The copyright and all other intellectual property rights in the App (including but not limited to the screen displays, the content, the text, graphics and look and feel of the App), belongs to Paytalya or its licensors. 

Paytalya’s name and logo, and all related names, logos, product and service names, designs and slogans are trade marks of Paytalya or its affiliates or licensors. All trade marks, service marks, company names or logos are the property of their respective holders. 

Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. 

You must not:

reproduce, republish, transmit or distribute any material, information or content on the App, or that form part of our App, without our prior written consent or as permitted by the functionality of the App;

make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the App or any content included in them;

determine, or attempt to determine, any source code, algorithms, methods or techniques embodied by the App;

license, transfer, or sell, in whole or in part, any of the App, or any derivative works of those, without our prior written agreement;

circumvent, disable or otherwise interfere with any security related features of the App;

use the App if we have suspended or banned you from using it;

use the App in any way that breaches any applicable local, national or international law or regulation;

advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;

modify, interfere with, intercept, disrupt, scrape or hack the App;

introduce viruses, malicious code, Trojans, worms, logic bombs or other material which would harm the App or any user of the App’s own equipment;

collect any data from the App other than in accordance with these Terms; and

use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the App in a manner that sends more request messages to the App than a human can reasonably produce in the same amount of time,

(together referred to as the “Rules of Acceptable Use” in these Terms).

Any failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us, exercising sole discretion, taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal and/or prevention of your right to use the App;

issuing a warning to you; and

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in section 7.6 above are not limited and we may take any other action we reasonably deem appropriate.

YOUR PRIVACY

We need to collect certain personal information from you in order to provide you with the App. 

We take privacy seriously and are committed to ensuring your information is handled appropriately. Please read our Privacy Policy at [https://paytalya.com/paytalya-privacy-policy/] to understand how we collect, use and store information about you.

CANCELLATION 

We may close your account and/or prevent your access to and use of the App with immediately effect if:

you breach, or we suspect you are in breach of, the Rules of Acceptable Use or another important term of these Terms; 

we suspect that you are doing something illegal;

your account remains inactive for a significant period of time and we believe there is no reasonable prospect of you using the App or we no longer provide or support the App; or  

in our reasonable opinion, the security or integrity of the App has been, or may be, compromised or is otherwise at risk.

YOUR RIGHTS

If you think there is fault with the App, you can contact us by email at: [INSERT EMAIL] and we will try to resolve this for you.

We strive to ensure that we provide our App to meet all of the requirements imposed by law and your legal rights.  Your legal rights are summarised on the Citizens Advice website (see www.citizensadvice.org.uk).

Save for your legal rights, we provide the App on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind as permitted by applicable law.

OUR RESPONSIBILITY TO YOU

Paytalya shall only be liable under these Terms for losses which are reasonably foreseeable and caused by Paytalya's breach of these Terms or Paytalya's negligence. 

We are not responsible for any loss or damage that is not foreseeable which is loss or damage that was not obvious that it would happen and nothing you said to us before we accepted these Terms meant we should have expected it. 

In any event, to the fullest extent permitted by applicable law, our maximum aggregate liability to you in respect of the App (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of one hundred Great British Pounds (£100).

Nothing in these Terms excludes any statutory rights which may apply to your use of the App which cannot be excluded, restricted or modified by contract.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

FAILURES TO NETWORKS OR HARDWARE

Although we have taken all reasonable care to ensure that the features and functionalities provided on the App are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. 

We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.

UPDATES TO THE APP

From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

CHANGES TO THESE TERMS

We may change these Terms from time to time.  Any changes we may make to these Terms in the future will be posted on the App and, where appropriate, notified to you by email. By continuing to use and access the App following such changes, you agree to be bound by any changes we make.  Please review this page frequently to see any updates or changes to these Terms.

The latest version of these Terms will always be available on the App.

VIRUSES

While we take all reasonable precautions to keep the App free from viruses, corrupt files and other malicious software, we cannot guarantee this.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device. 

THIRD PARTY LINKS 

The App may contain links to third party websites or resources. Paytalya provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before using them and providing any of your personal information. 

APPLE APP STORE REQUIREMENTS

These Terms are between you and us only and not between you and Apple, Inc (“Apple”). Apple has no responsibility for the App or content thereof. Where you access or use the App via the Apple App Store, your access and use of the App must comply with the Apple App Store terms of service.

Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Paytalya as provider of the App.

You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to:

product liability claims;

any claim that the App fails to conform to any applicable legal or regulatory requirement; and

claims arising under consumer protection or similar legislation,

and all such claims are governed by these Terms and any law applicable to Paytalya as the provider of the App.

You acknowledge that, in the event of any third-party claim that the App or your use of the App infringes a third party’s intellectual property rights, Paytalya, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the App against you.

COMPLAINTS

If you are in a dispute with a Participating Retailer, we recommend that you contact them and try to resolve the dispute with them directly. If that is not possible, please contact us and we will try to help although the use of your Digital Wallet is between you and the Participating Retailer.

If you have a complaint or dispute with us relating to the App, in the first instance, please contact us via support@Paytalya.com and we will attempt to resolve the complaint or dispute informally. 

If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.

Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.

GENERAL

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. 

Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.

These Terms shall be governed and construed in accordance with English law.  However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law.  The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.