Download 4. Loading your Upay Mint

Legal & Confidential
Draft: 11 December 2013
Terms and Conditions for Upay Mint
Part 1 – Terms of Usage
1.
Definitions
The following expressions shall have the following meanings in this Agreement:
"Account" means your Upay Mint account;
"Agreement" means these Terms and Conditions between Uniware Limited and the User;
"App" means a smartphone application;
"Auto-Top Up" means to add further money to your Upay Mint to increase your Available
Balance;
"Available Balance" means the value of funds loaded onto your Upay Mint available for you to
spend;
"Barcode" means the barcode that appears when you open your Upay Mint application on your
smartphone;
"Loading" and "Loaded" means adding monetary value to your Account to increase your
Available Balance;
"Upay Mint" means the App which is downloaded onto your phone;
"User" means the individual who downloads the Upay Mint App onto their smartphone and creates
an Account on the Website;
"Website" means www.upaymint.com; and [NOTE: is this website now up and running?].
"You" and "Your" means the User.
2.
Parties
2.1
3.
This Agreement is between You and Uniware Systems Limited, registered
address 84/85 Riverside III, Sir Thomas Longley Road, Rochester, Kent, ME2 4BH
registered no. 02890249 England ("Uniware" or 'We' or 'Us'). Uniware is authorised
by the Financial Conduct Authority and is a registered Electronic Money Institution
with the firm reference number 900101.
Upay Mint Account
3.1
Upay Mint is an App allowing the User to make payments for goods and
services up to the value of the Available Balance on their Account by displaying the
Barcode in the App and allowing a retailer to scan the Barcode.
3.2
Upay Mint can be used at any participating stores displaying the Upay Mint
logo. Uniware does not insure or guarantee the Available Balance on the Account.
3.3
Upay Mint is not a credit card, bank card or debit card. By holding an
Account you will not receive any interest, dividends or any other earnings on your
Available Balance.
3.4
Uniware does not charge any fees for creating Accounts, Loading or Auto
Top Ups.
4.
Loading your Upay Mint
4.1
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To load funds onto your Account, first register on the Website and make an
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Account, then, using a valid debit or credit card in your name load funds onto your
Account.
4.2
To check whether you have sufficient funds you may check your Available
Balance.
4.3
The following limits apply to Loading:
4.3.1 the maximum amount that can be Loaded onto your Upay Mint is £150;
4.3.2 the minimum amount that can be Loaded onto your Upay Mint is £10; and
4.3.3 the maximum amount that can retained and stored onto your Upay Mint is
£150.
4.4
5.
The stipulated maximum and minimum may vary and any such changes
shall be made by notifying Users on the Website. Such changes shall not constitute
an amendment to this Agreement.
Using Upay Mint
5.1
Upay Mint can be used at any approved retailer, a list of which can be found
on the Website It is the User's responsibility to authorise the transaction at the time of
using their Upay Mint. Uniware shall treat the transaction as genuine if:
5.1.1 Your Barcode has loaded onto your smartphone and is read by the retailer's
barcode scanner; and
5.1.2 Your Account has been Loaded with funds from a valid credit or debit card in
Your name.
5.2
6.
Once a User has authorised a transaction from their Account, Uniware is
unable to amend or cancel the transaction.
Auto-Top Up
6.1
Upay Mint provides an Auto-Top Up feature making Loading quicker and
faster.
6.2
The User may link a valid credit or debit card to their Account and set a
nominated value that will be re-Loaded.
6.3
To activate this function the User must:
6.3.1 login to their Account on the Website;
6.3.2 set a minimum value at which they would want their Upay Mint to Auto-Top
Up;
6.3.3 provide details of a valid debit or credit card from which the payment will be
taken from and subsequently billed to;
6.3.4 Upay Mint will send an email to the User following each successful Auto-Top
Up to confirm that the User's Account has been re-Loaded; and
6.3.5 Users are able to amend these settings by logging into their Account.
7.
Statements and Receipts
7.1
Users are not sent any statements outlining transactions completed through
Upay Mint. If Users require such information they must login to their Account on the
Website where both the Available Balance and information relating to recent
transactions will be available.
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7.2
8.
9.
Receipts are available upon request at the time the User makes a payment
using Upay Mint. This receipt will provide confirmation that payment was made using
Upay Mint and the Available Balance remaining on the User's Account after the
transaction.
Security of Information
8.1
Uniware will communicate with Users via e-mail for issuing information about
Your Account and Upay Mint, it is therefore important that You keep the email address
registered to Your Account up to date.
8.2
Uniware will create an Account for Users and issue the Upay Mint App on
the basis of the information that Users have provided. Accordingly, You agree to
provide accurate personal information and to inform Uniware of any changes as soon
as possible to ensure Uniware's records are up to date.
8.3
It is the User's responsibility to update any changes to their personal
information on the Website.
Termination or Suspension
9.1
Uniware may either (a) suspend or b) terminate a User's Account with
immediate effect (or until a User's default has been remedied) if:
9.1.1 Uniware discover that information that has been provided at the time of
registering Your Account was incorrect;
9.1.2 there have been repeated failed log-ins to your Account;
9.1.3 a payment has been declined due to unavailable balance on a User's
Account;
9.1.4 a User has breached this Agreement, or Uniware have reason to believe that
You have attempted to use Upay Mint in a negligent or fraudulent manner;
or
9.1.5 Uniware is unable to process your payment due to the actions of third
parties.
In such an event, Uniware shall inform the user in advance that their Account is
suspended or terminated as the case may be.
10.
Unauthorised Transactions
10.1
Upay Mint is treated in the same manner as cash; accordingly Users are
responsible for all transactions associated with their Account, including both
authorised and unauthorised transactions.
10.2
In the event that a User's Account has been compromised either by the theft
or loss of their smartphone, fraudulent transactions or through any other means, the
User must immediately notify the Upay Mint customer care team on 0844 800 6201 or
the updated customer care number shown on the Website. The customer care team
will, following verification of your identity, freeze the Available Balance outstanding on
the Account and release funds to create an Available Balance for the Upay Mint User
via a replacement Account.
10.3
10.4
Complaints Handling
If you are unhappy in anyway with your Upay Mint Account please contact
our Customer Care Team by phone on 0844 800 6201 or the updated customer care
number shown on the Website. We will conduct an investigation, correct any
applicable error if found, as soon as reasonably possible and communicate the
outcome to you. If no error was discovered that was our fault we will provide you with
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this confirmation.
10.5
In the circumstance of unresolved complaints you may contact the Financial
Ombudsman Service eight weeks following the resolution of such a complaint.
Part 2 – Further Legal Terms
1.
2.
3.
Amendments
1.1
Uniware may amend the terms of this Agreement for the purposes of
security, regulatory or business issues at any point without prior advance warning.
Users will be notified of such changes via email. The amended terms will form part of
a modified agreement (the "Modified Agreement") which will be displayed under
such a heading on the Website.
1.2
The terms outlined in such a Modified Agreement will take effect from the
date of the email notifications and such terms will hence forth apply to all future
transactions.
Termination
2.1
Uniware may terminate this Agreement and the Account at any time
following 30 days prior written notice being provided to a User.
2.2
In the event of actual or suspected fraudulent or unauthorised transactions,
immediate termination may be necessary. If, following the investigation of such
transactions it transpires that the User has not completed fraudulent or unauthorised
transactions, Upay Mint will refund the relevant value to the User's Account.
2.3
Following notice of termination, the User shall have until the date of
termination the facility to spend the Available Balance. Uniware has the right to either
require such sums to be spent via Upay Mint or to refund the Available Balance in
cash.
Limitation of Liability
3.1
Uniware will not be liable to the User for breach of contract, negligence or
otherwise arising under or in connection with this Agreement for:
3.1.1 a retailer refusing to accept a User's Upay Mint;
3.1.2 any circumstance preventing a User from accessing their Upay Mint or their
Account;
3.1.3 any loss of sales a User may encounter; and
3.1.4 any corruption of the Upay Mint software or the Barcode.
3.2
Uniware's maximum liability to the User, whether in contract, tort or
otherwise arising in connection with this Agreement, shall be limited to a total of
£5000.
3.3
All warranties, conditions and other terms implied by statute or law are, to
the fullest extent permitted by law, excluded.
3.4
Nothing in this Agreement limits or excludes Uniware's liability for:
3.4.1 death or personal injury arising out of Uniware's negligence; and
3.4.2 direct losses suffered by a User arising out of Uniware's fraud.
4.
Data Privacy
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4.1
The Upay Mint Data Privacy Policy shall apply and is available on the
Website.
5.
Assignment
5.1
6.
7.
Uniware may transfer part or all of this Agreement to a third party provider by
providing written notice to the Users. The company to whom the Agreement is
transferred will be bound by the terms and conditions of this Agreement and any
amendments or modifications that are made thereafter.
Entire Agreement
6.1
This Agreement and any documents executed pursuant to this constitute the
entire Agreement between Uniware and the User and supercedes all prior
agreements and arrangements (if any) whether written, oral or implied between the
parties relating to the subject matter of this Agreement all of which (if still effective at
the date of this Agreement) shall be deemed to have been terminated by mutual
consent with effect from the date of this Agreement.
6.2
The User agrees that in entering into this Agreement, they have not been
induced to enter into this Agreement by any representation or warranty other than
those contained in this Agreement and have freely entered into this agreement. The
User agrees that they shall have no remedy in respect of any other representation or
warranty except in the case of fraud.
Governing Law
7.1
This Agreement shall be governed and construed in accordance with English
law.
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