FaizPay Ltd

Effective date: 1 July 2020

Terms and conditions – FaizPay Consumer App

Use of the FaizPay Apps is subject to:

Use of the FaizPay website (https://www.FaizPay.com) (“website” below) is subject to:

THE FAIZPAY CONSUMER APP TERMS AND CONDITIONS 

1. APP TERMS 

1.1 By installing the FaizPay App and using our services, you agree to be bound by: 1.1.1 these terms of use (” App Terms“); and 

1.1.2 our Privacy Policy. 

1.2 Please review them carefully before you accept them. If you do not agree to these  FaizPay App Terms you are not permitted to use the FaizPay App. 

1.3 You may only use the FaizPay App if you are 18 years or older. By using the  FaizPay App, you confirm that you are 18 years or older. 

1.4 These FaizPay App Terms will apply to the relationship between us and you in  respect of the period from when you first download the FaizPay App, until you delete it  and cease to be registered with us – see section 9 if you wish to find out more. 

2. The FaizPay App 

2.1 The “FaizPay App” means the software application and services available through it  called ‘FaizPay’ provided by FaizPay Ltd (“we“, “us“, “our” or “FaizPay“) to offer  personal financial management tools and payment initiation services. 

2.2 The FaizPay App can be used on most Apple iOS and Android OS devices. 

2.3 We may update the FaizPay App to add and improve its functions. Depending on  the update, you may not be able to use the FaizPay App until you have downloaded the  latest version and accepted any new or additional terms. 

2.4 If you have any issues with the FaizPay App, please contact us at  support@FaizPay.com and we will do our best to help you. 

2.5 The FaizPay App is provided for convenience. You acknowledge that the FaizPay  App (and the services provided through the FaizPay App) is dependent upon other  people (third parties). We try to ensure that the FaizPay App services are available to  you at all times, though we can’t promise that it will always be available or work perfectly 

(for example, in the case of maintenance, fraud, or a fault in the systems used to  provide the FaizPay App). These events are sometimes outside of our control. 

3. YOUR USER LOGIN, RECOVERY CODES, AND KEEPING THEM SECURE 

3.1 You need to register on the FaizPay App to use it. This will create an account in the  FaizPay App (your “User Login“). This section contains information on how you can  keep your User Login safe. 

3.2 When you create a User Login, you can choose your own PIN code. As a security  precaution, we won’t be able to see your PIN code, but we will store it securely. You  must keep your PIN code secret. If you lose your PIN code you will need to create a  new User Login as we can’t give you a new PIN. We’ll never ask you to tell us your PIN  or recovery code, so you shouldn’t share it with anyone, even if you think that they work  for FaizPay. 

3.3 The FaizPay App also has the functionality to use your device’s stored biometric  data (such as fingerprint or facial recognition data) to grant access. Some devices have  the ability to store multiple sets of biometric data, allowing family, friends or other users  access to your device. We strongly advise that you do not register multiple peoples’  biometric data on your device, but if you do, ensure that you do not share your device  with a person who is not authorised to access your Account(s) (described in section 4)  as this could result in an unauthorised person having access to your Account(s). 

3.4 Unless it’s caused by our failings, you are responsible for (and agree to hold us  harmless from) unauthorised access or changes to, or transactions on, your Account(s)  resulting from shared access to your device or other people having access to your  FaizPay App’s User Login, PIN code or recovery code. 

3.5 If you find out or suspect that your FaizPay App’s User Login, PIN code, or recovery  code has been lost, stolen, or someone has used it without your permission, you must  tell us as soon as possible. You can let us know by emailing support@FaizPay.com. If  you do so, then we can deactivate your FaizPay App (including access to your Accounts  through the FaizPay App), but remember that you may also need to inform your  Providers (described in section 4) if the security of any Accounts may have been compromised. 

Identification and Verification

3.6 You agree to cooperate with all requests made by us to identify you and verify your  identity and we may make this conditional for granting you access, or continued access,  to the FaizPay App or parts of its functionality. This verification may include asking you  for information so we can identify you, including requiring you to take a photo of your  identification documents and a selfie. We may verify your information against third party  databases or through other sources. 

3.7 You must ensure the information in your FaizPay App is always accurate and up to  date. If at any time we believe that your information is outdated or inaccurate, we may  require you to update this information and we may require you to go through the  identification and verification process again. 

3.8 The FaizPay App includes the following major functions: 

3.8.1 Initiating payments from your Accounts: FaizPay offers the ability, on some  Accounts, to allow you to send an instruction to your Provider to send money from your  Account. 

3.8.2 Discounts and offers: FaizPay offers the possibility to take advantage of  discounts and offers applied automatically to all eligible payments initiated via FaizPay.  

3.9 You may not be able to access all of your Accounts through the FaizPay App – details of those that can be accessed are shown within the ‘Add Bank’ drop-down menu  in the FaizPay App. If we do not support a particular Account or financial institution, you  can contact us to ask if it can be added. 

3.10 The FaizPay App will provide information on discounts and offers from merchants  using the FaizPay Merchant App. You have the right to opt out of these  communications; please see our Privacy Policy (www.FaizPay.com/privacy-policy) for  more information on how you can do this. The FaizPay App may also provide general  tips and educational material. 

3.11 We may use third party suppliers to support us in providing the FaizPay App. We  take reasonable care in selecting our suppliers so as to protect your security. 

4.INITIATING PAYMENTS AND OTHER CONTENT 

Initiating Payments from your Accounts

4.1 When you initiate a payment through FaizPay by entering the required details into  the FaizPay App you explicitly consent and authorise us to relay the instruction for that  payment to your Provider. 

4.2 To initiate payments, you’ll need to provide the details needed to instruct the  Provider to handle your request. It is your responsibility to check all details are accurate  as FaizPay cannot validate or check these details. 

4.3 Once submitted, we will relay your instruction to your relevant Provider almost  immediately in most cases. Because of the speed of this process, you cannot change or  cancel your instruction through the FaizPay App. If you wish to change or cancel your  instruction then you will need to contact your Provider to see if they can help you. 

4.4 When we relay each instruction, we act on your behalf (in legal words, we act as  your “agent”), with your explicit consent, and not on behalf of any Provider. Your  Provider is responsible to you for executing all payment instructions for its Accounts.  We can’t control your Provider’s acceptance or execution time of each instruction, and  we don’t handle your money. We are responsible under the law for accurately relaying  to your Providers instructions submitted to them through FaizPay. 

4.5 We may not be able to initiate payments on all Accounts, and there may be value or  transaction type limits on the payments that can be initiated. There may also be cases  where we need to review or delay relaying an instruction for system or compliance  reasons. We will usually inform you when this happens if we are permitted to do so by  law. 

4.6 We don’t charge you for initiating any payment through FaizPay. Your Providers  may charge you for some payments in line with your agreements with them – you  remain responsible for these charges. 

4.7 If you are initiating payments related to a purchase then the relationship for that  purchase remains between you and the relevant supplier – FaizPay is in no way  responsible for that purchase or any terms set by that supplier. 

4.8 If you think that a payment initiated through FaizPay may have been incorrect,  unauthorised, or not properly executed (perhaps due to delay or other error), then you  need to: 

4.9.1 contact us (using support@FaizPay.com) so that we can investigate; and

4.9.2 contact your relevant Provider so that it can investigate and correct any error for  you. If a refund needs to be applied to your Account then your Provider will manage this  for you – the law says that we are not able to do this. 

Please do this as soon as you become aware of this (and no later than 13 months after  the debit date for the payment as you can lose your right to have it corrected by your  Provider after that time). 

Warnings and things for you to check 

4.10 The Providers are wholly responsible for the Accounts you hold with them. This  applies even when any instructions or information regarding those Accounts are viewed  or transmitted via the FaizPay App. 

4.11 Your use of the FaizPay App is entirely voluntary. Many Providers of Accounts are  required by law to allow us to access Account Information for use in the FaizPay App, or  to relay payment instructions, once you have explicitly consented to us doing so. Some  may, however, impose restrictions (such as under the terms that you have agreed with  them). It is your responsibility to check if your Provider stops you from using the  FaizPay App (for example, by prohibiting you from downloading your Account  Information using tools like the FaizPay App). We have no control over your right or  ability to view your Account Information or transact on your Accounts. 

4.12 On an ongoing basis, including each time you use the FaizPay App, you confirm to  us that: 

4.12.1 you are legally authorised for each Account in respect of which you use the  FaizPay App (whether or not you are the Account holder) and any joint Account holder  has explicitly consented to your use of the FaizPay App. You may not use the FaizPay  App in respect of any Account you are not authorised to use; and 

4.12.2 you have the right to use the FaizPay App in respect of each relevant Provider’s  sites (where relevant), and Account Information. 

4.13 We do not check Account Information or payment instructions or services for  accuracy, legality or otherwise. We are not responsible for the Account Information, the  way that your Accounts operate (including the execution of payment instructions), or  products and services offered by others.

4.14 You acknowledge there may be issues with accessing Account Information and  this being accurate or up to date. For example, when displayed through the FaizPay  App, Account Information is only updated as recently as is shown in the relevant page  of the FaizPay App. You may be able to request a refresh through the FaizPay App if it  appears to be out of date. 

4.15 By uploading or submitting any information, content or materials to the FaizPay  App, you allow us (and our suppliers) a worldwide right to use it to provide the FaizPay  App to you. More information about how we use your information, and how it is held  securely, is in our Privacy Policy. 

5. COMPATIBLE DEVICES 

5.1 In order to use the App, you are required to have a compatible device and  supported software on this. In order to deliver you our services and keep them safe and  up-to-date, we might ask you to update your device or may decide to no longer support  certain devices or certain software. 

6. PROPRIETARY RIGHTS AND LICENCE 

6.1 All trademarks, copyright, database rights and other intellectual property rights of  any nature in the FaizPay App (including its appearance and branding), together with  the underlying software code, are owned by FaizPay Ltd or its licensors. We may also  use open source software code in the FaizPay App – further information on this is  included in the “About FaizPay” section of the FaizPay App. 

6.2 FaizPay Ltd grants you a revocable right to use the FaizPay App for your personal  (non-commercial) use in accordance with these FaizPay App Terms. 

6.3 You will not, nor allow third parties on your behalf, to (i) make and distribute copies  of the FaizPay App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer,  disassemble, decompile, transfer, exchange or translate the FaizPay App; (iii) create  derivative works of the FaizPay App; (iv) rent, lease, sub-license, loan, translate, merge,  adapt, vary or modify the FaizPay App; (v) make alterations to, or modifications of, the  FaizPay App, or permit the FaizPay App to be combined with, or become incorporated  in, any other programs. 

6.4 You will comply with all technology control or export laws and regulations that apply  to the technology used or supported by the FaizPay App.

7. Acceptable use restrictions 

7.1 You must not: 

7.1.1 use the FaizPay App in any unlawful way or in breach of these FaizPay App  Terms, or act fraudulently or maliciously (for example, by accessing other people’s  Accounts through the FaizPay App); 

7.1.2 allow any other person to use the FaizPay App installed on your device; 7.1.3 infringe intellectual property rights in relation to the FaizPay App, or your use of it; 

7.1.4 use the FaizPay App in a way that could damage, disable, overburden, impair or  compromise our systems or security or interfere with other persons (for example, we  expect fair levels of use and would not expect you to make a large number of manual  requests for Account Information to be updated); and 

7.1.5 attempt to alter or decipher any transmissions to or from the servers running any  service (for example, by trying to break the encryption protecting those transmissions). 

8. DATA PROTECTION 

8.1 Any personal information you supply to us (and which we collect from you or other  sources) will be used by us in accordance with our FaizPay Privacy Policy  (www.FaizPay.com/privacy-policy) 

8.2 By using the FaizPay App, you explicitly consent to us collecting and using technical  information about your usage and device to improve our products and to provide any  services to you. 

9. Suspending and stopping your use 

By Us 

9.1 We may suspend or end your use of the FaizPay App (or part of it, such as payment  initiation or connections to products and services from our Partners) at any time. We will  usually inform you when this is happening but we can’t always do so. We might take this  action:

9.1.1 if you breach these FaizPay App Terms, for the reasons outlined below in this  section; 

9.1.2 in the event we are unable to identify you or authenticate your identity or validate  your funding sources; and 

9.1.3 in other circumstances where we believe that there is a valid reason (such as for  risk or fraud management, or at your request if you suspect fraud as described in  section 3.6). 

9.2 We have no obligation to resume provision of the FaizPay App or services to you, or  to re-activate your User Login, if suspended or closed. If we permanently end your use  of the FaizPay App then: (a) the rights granted to you in these FaizPay App Terms end,  and (b) you must stop use of the FaizPay App and remove it from your devices. 

9.3 If you are inactive then your User Login could automatically be suspended and you  will be required to create a new User Login. 

9.4 If we suspect that that the FaizPay App’s security has been breached, or we suspect  unauthorised or fraudulent use of the FaizPay App, then we may suspend its use. If we  do this, then we will (if the law permits) try to contact you (normally by email) to let you  know. 

9.5 We may also need to limit, block or stop your usage if we are required to do so by  law. 

9.6 You agree to provide us with information that we may request in order for us to carry  out necessary checks. 

9.7 In some cases, to enable us to lift a limit, suspension or other stop on your use of  the FaizPay App, we may need you to provide us with further information. 

By You 

9.8 You may stop your use of the FaizPay App at any time by removing the FaizPay  App from your device. Doing so will not automatically delete your user information that  we hold. You can delete your user information in the FaizPay App If you forget to do this  before removing the FaizPay App then you can contacting us at support@FaizPay.com 

and we can delete it for you. We will also stop making your information available for  active use after 1 year of inactivity on the FaizPay App. When your FaizPay App or user  information is deleted, we will continue to hold certain information about you and your  use for as long as it is required to enable us to comply with legal requirements, and for  operational reasons such as issue resolution, complaint handling and “Know Your  Customer” regulation. See our Privacy Policy for further details on the retention  period(s). 

10. LIMITATION OF LIABILITY 

10.1 The FaizPay App has not been developed to meet your individual circumstances. It  is your responsibility to ensure that the FaizPay App meets your needs. 

10.2 We only supply the FaizPay App for domestic/personal use. You may not use the  FaizPay App for commercial, business or resale purposes, and we have no liability to  you for any loss of profit, loss of revenue, loss of business, business interruption, or loss  of business opportunity. We also have no liability to you for any damage or alteration to  your equipment including your devices as a result of the installation or use of the  FaizPay App. 

10.3 All information, content and material displayed on the FaizPay App is provided for  information only. It is not financial or professional advice. You should not rely on  information, content or materials on the FaizPay App as the sole basis for making a financial decision. You should use your own judgment, and seek professional advice if  appropriate. Accordingly, you agree that we are not responsible or liable to you for: 

10.3.1 any action (or inaction) resulting from use of or reliance on information, content  and materials displayed in the FaizPay App (or any loss or damage you suffer as a  result); 

10.3.2 third party sites or services linked to or accessed from the FaizPay App (or your  use of, or reliance on, those sites or services); or 

10.3.3 any dealings you have with third parties (including your Providers and other  services providers) through the FaizPay App. 

Our responsibility

10.4 We shall have no liability to you under or in connection with these FaizPay App  Terms or your use of the FaizPay App (whether in contract, tort (including negligence)  or any other cause) except as set out in sections 10.5 and 10.6 below. 

10.5 FaizPay is provided to you completely free of charge and we need to make sure  that we can continue to grow it. As such, and subject to section 11.6, if we are liable to  you in relation to FaizPay and: 

10.5.1 it relates to us not having met our obligations under the applicable law to protect  your information or keep it secure, or it relates to any obligation under the applicable law  that we cannot exclude (or limit, to the extent that it cannot be limited), then we accept  that liability in full as required by the law; or 

10.5.2 it relates to any other cause (regardless of the form of the action or timing) then  we will only be liable to you for loss or damage that you personally suffer that is a  foreseeable result of all such causes up to a maximum of £50 in total. 

10.6 We are not responsible or liable if the relevant cause arises from your breach or  action (such as your fraud or us following your instructions), events outside of our  control, or the need to comply with our legal obligations. Other sections of these  FaizPay App Terms explain further things that we are not responsible or liable for.  Nothing excludes or limits our liability for: death or personal injury caused by our  negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach  these FaizPay App Terms in a major way that is designed to harm you. Your statutory  rights are not affected. 

Your responsibility 

10.7 You agree to reimburse us for any losses we incur as a result of your breach of, or  failure to comply with, these FaizPay App Terms or if we suffer any losses as a result of  your use of the FaizPay App. 

11. DISCLAIMER 

11.1 To the maximum extent permitted by law, we disclaim all implied warranties with  regard to the FaizPay App. We do not promise that the information, content or materials  displayed on the FaizPay App are accurate, sufficient or error-free. We do not promise  that the information on our system is, when accessed by you, up-to-date or complete. 

The FaizPay App and software are provided “as is” and “as available” without warranty  of any kind. 

Disable Android Overlay Functionality 

11.2 Android devices allow apps to draw or run over other apps, or otherwise interact  with other apps (“Overlay Functionality“). This functionality could be abused by third  parties to capture the content of the FaizPay App and therefore poses a security threat.  We strongly advise you not to allow other apps to use Overlay Functionality in order to  prevent possible misuse of information such as personal information, access credentials  or banking information. If you do permit other apps to use the Overlay Functionality then  (unless it’s caused by our failings) you are responsible for (and agree to hold us  harmless from) any unauthorised access or changes to, or transactions on, your  Account(s) resulting from the use of the Overlay Functionality. 

12. HOW WE ARE FUNDED 

The FaizPay App is completely free to use. There is no subscription charge or price.  Yet, behind the scenes, we are a big team and we need to keep the FaizPay App  growing for you. To fund some of this we do receive payment initiation fee payments  from merchants that use the FaizPay Merchant App.  

13. PROBLEMS, QUESTIONS & complaints 

13.1 FaizPay appreciates it greatly if you notify us of a question or problem, because  this gives us the opportunity to seek a suitable solution. It also gives us the opportunity  to improve its service to you and other customers. FaizPay also has an internal  complaints procedure. We aim to handle all problems, questions and complaints  efficiently and quickly. If you have questions, problems or complaints, regarding the  FaizPay App then please submit them to complaints@faizpay.com and include the following  information: your name, telephone number; and, a description of your concern. 

13.2 If after we have responded to your complaint you remain unhappy, depending  upon the complaint, you may be entitled to refer the complaint to the Financial  Ombudsman Service based in the UK. The Financial Ombudsman Service is a free,  independent service for resolving disputes between customers and financial services  institutions like FaizPay Ltd which operate under the authority of the British financial  services regulators. More information is available at https://www.financial ombudsman.org.uk

14. CHANGES TO THESE APP TERMS 

14.1 We may change the FaizPay App Terms at any time and will inform you of a  change either (i) through the FaizPay App, when you next start the FaizPay App, or (ii)  by e-mail. The new terms may be displayed on-screen and you may be asked to read  and accept them to continue your use of the FaizPay App. If these changes materially  impact you or materially changes your FaizPay experience, we will strive to inform you  through our regular channels at least 2 month prior to asking you for confirmation of the  new FaizPay App Terms. 

14.2 We will always act fairly and reasonably when we make these changes. The most  common reasons that they will happen are if: 

14.2.1 we’re changing the way that an existing part of the FaizPay App operates,  introducing new functionality, or withdrawing functionality; 

14.2.2 we consider that we should take account of developments (or changes we  reasonably expect to happen) in technology, security or industry standards and norms; 

14.2.3 there are changes in the way that we operate (which could, for example, lead to  some aspects of the FaizPay App becoming subject to a charge) or we think that we  should explain something more clearly; or 

14.2.4 there is a change in law (including industry codes) that we follow, or in response  to decisions of a regulator or court. 

14.3 If you don’t want to accept a change we tell you about in advance, you can close  your FaizPay App account. You can also end this agreement by closing your FaizPay  App account at any time after we make the change but the change will apply to you until  you do so. 

15. KEEPING IN TOUCH 

15.1 We will normally contact you using the email address which you use to create your  User Login, using notifications within the FaizPay App, or using push notifications  through your device. We will do this to keep you informed of matters relevant to the  FaizPay App, where we need to in order to comply with our legal obligations – further  details are shown in our Privacy Policy. In some circumstances, it may also be  appropriate for us to contact you through other means (such as telephone) where you 

have provided your number to us and it’s helpful to talk things through. When we  communicate with you (including by telephone) it is common for us to monitor and keep  a record of that communication for quality and training purposes. 

15.2 Please remember to tell us if your details change. If we discover or suspect fraud  or a security threat, we will need to contact you. Equally, for security reasons, we may  block use of the FaizPay App if we are unable to contact you or don’t receive a  response when we try to do so. 

15.3 You have the right to receive a copy of these FaizPay App Terms – we will send  this to you by email if you request it. 

15.4 The easiest way to contact us is by emailing hello@FaizPay.com. 15.5 Please address any postal mail to us at the following address: FaizPay 202 District Court 26 Commercial Road E1 1FE London The UK 16. ABOUT US & OUR REGULATORS 

16.1 FaizPay LTD. (“we” or “us”), is a company registered in England and Wales whose  registered office is at 202 District Court 26 Commercial Road, England, E1 1FE, and whose  registered number is 10578464. 

16.2 FaizPay LTD is regulated and licensed by The Financial Conduct Authority under  the AISP and PISP authorisation. 

17. OTHER IMPORTANT TERMS 

17.1 We may transfer our rights and obligations under these FaizPay App Terms to  another organisation, but this will not reduce your rights or those obligations. You may  not transfer your rights or obligations to another person. 

17.2 If we fail to insist that you perform any of your obligations, or if we do not enforce  our rights against you, or if we delay in doing so, that will not mean that we have waived  our rights against you and will not mean that you do not have to comply with those  obligations. Any waiver would need to be given by us in writing.

17.3 Each of the conditions of these FaizPay App Terms operates separately. If any  court or competent authority decides that any of them are unlawful or unenforceable,  the remaining conditions will remain in full force and effect. 

17.4 Please note that these FaizPay App Terms, their subject matter and formation, are  governed by English law. You and we both agree that the courts of England and Wales  will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland  you may also bring proceedings in Northern Ireland, and if you are resident of Scotland,  you may also bring proceedings in Scotland. 

17.5 These FaizPay App Terms and our Privacy Policy are drawn up in the English  language. All written communications between you and us relating to these FaizPay  App Terms and our Privacy Policy are to be in English. 

Version: 1 – Published on the 1st May 2020, effective the 1st May 2020