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Last Updated: 22nd of July 2020
Please read this Agreement carefully before using the AppToPay Platform and AppToPay Services.
This End User Agreement (“Agreement”) is a legal agreement between you, the consumer, and AppToPay Ltd (11204449) of 4 Pinders Court, High Street, Bawtry, South Yorkshire, DN10 6JH, United Kingdom (“AppToPay”, “we”, “us” or “our”). This Agreement sets out the terms and conditions of:
consumer credit services offered by AppToPay (“AppToPay Services”) using the AppToPay Platform (the “AppToPay Platform”); and
your access to and use of the application AppToPay which is operated by AppToPay (the “App”) including all content, services and products available at or through the AppToPay website (the “Website”).
AppToPay Ltd is authorised and regulated by the Financial Conduct Authority.
AppToPay provides an app based retail finance service that provides eligible consumers with an interest free credit account from which they can draw down to spread the cost of purchases made at retailers from within the AppToPay network of Retailers. The provision of this service is bound by the terms of the AppToPay Consumer Credit Agreement.
This document forms part of a suite of documents that govern the use of the AppToPay Platform, this suite of documents comprises of:
AppToPay Terms and Conditions (https://www.apptopay.com/terms)
AppToPay Acceptable Use Policy (https://www.apptopay.com/aup)
The terms of the above documents are hereby incorporated into this Agreement by reference.
In addition to the above documents, on application and subject to approval by AppToPay the provision of AppToPay Services is governed by the AppToPay Consumer Credit Agreement which is made available to you during the application process.
Products (as defined below) are purchased from the Retailer, not AppToPay. We do not accept or take any money from you in relation to this purchase. Please refer to the Retailer for details of any terms or conditions applying to your purchase(s), including your statutory right to cancellation and a refund.
Please refer to the AppToPay Consumer Credit Agreement for the terms and conditions of your borrowing and repayment as well as any consumer rights you may have to bring a claim against us in relation to the Consumer Credit Act 1974 (as amended from time to time).
Unless the context otherwise requires, references to the singular shall include the plural and vice versa and references to any gender shall also be inclusive of all other genders.
If you have any questions or if you have any complaints, please email us at email@example.com or call us on 0845 388 0772.
For the purposes of this Agreement, unless stated otherwise, the following words shall have the following meanings:
“AppToPay Consumer Credit Agreement” Shall mean the agreement by which AppToPay consumer credit services are provided following the signature by you and by us of the consumer credit agreement at the end of the application process.
“AppToPay Platform” Shall mean the AppToPay app which is operated by AppToPay (the “App”) including all content, services and products available at or through the App as well as the AppToPay website (the “Website”) including all content, services and products available at or through the Website or micro site version of the Website that is embedded into the Retailers own website.
“AppToPay Services” Shall mean the provision of the consumer credit service as per the AppToPay Consumer Credit Agreement by AppToPay delivered to you via the AppToPay Platform.
“Intellectual Property Rights“ Shall mean all applications and rights to apply for, or for the protection of any Intellectual Property, including but not limited to patents, rights to inventions, copyright and related rights, trade marks, business names, domain names and all other forms of Intellectual Property.
“Retailer(s)“ Shall mean the retailer(s) with in the AppToPay network of Retailers from which you can purchase Products.
“Product(s)” Shall mean the product(s) or service(s) you purchase from a Retailer using the AppToPay Services.
By accessing the AppToPay Platform and/or submitting an account and/or credit application for the AppToPay Services, you agree to comply with the terms and conditions of this Agreement.
The terms of this Agreement extend to any future updates or supplements to the AppToPay Platform and/or the AppToPay Services, unless they come with separate terms, in which case those terms apply.
You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the AppToPay Platform may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted. Whilst we take steps to ensure your data is kept safe at all times, we accept no liability beyond that required by law for damages or losses caused as a result of any data breach of our systems or that of our third party service providers.
AppToPay shall, subject to the terms and conditions set forth in the Agreement, provide you with the AppToPay Services.
To be eligible for the AppToPay Services, you must:
a) Be 18 years of age or over;
b) Be a permanent resident in the United Kingdom;
c) Be employed to work at least 16 hours a week, or be in receipt of a private or company pension;
d) Have a good credit history with no late payments, debt relief orders, CCJ’s, IVA’s or bankruptcies; and
e) Agree to be bound by the terms of the AppToPay Consumer Credit Agreement.
To apply for the AppToPay Services, you must:
a) Complete the application process in it’s entirety without input or guidance from any third parties including Retailers;
b) Using the AppToPay Platform, provide personal information for use in conducting credit checks, including but not limited to your name, date of birth, residential address(es), email address, telephone number, bank details and employment information;
c) Using the AppToPay Platform, provide personal information for use in conducting identity checks, including your driver’s licence, passport and/or credit card details;
d) Provide any other requested information and/or documentation and tick all boxes and/or e-sign documents when prompted to demonstrate your acceptance of the terms of the displayed statement(s) and/or document(s) on the AppToPay Platform; and
e) Agree to be bound by the terms of the AppToPay Consumer Credit Agreement.
Upon receipt of your application for AppToPay Services, AppToPay shall:
a) Conduct, or arrange for a credit agency to conduct, credit checks using the personal data you have provided;
b) Conduct, or arrange for another agency to conduct, identity checks;
c) Assess your application for the AppToPay Services based solely on the results of the credit and identity checks; and
d) Issue a decision to grant or deny your application for AppToPay Services.
The decision to grant an application for AppToPay Services and your credit limit and monthly repayment limit is final and at the sole discretion of AppToPay.
AppToPay shall link your AppToPay credit account with your AppToPay user account which allows you to access all information regarding your use of the AppToPay Services, including payments made and yet to be paid, available balance(s), Retailer information, personalised offers and promotions from Retailers and/or AppToPay on the App and the Website.
a) Only use the AppToPay Services for personal purposes and inline with our Acceptable Use Policy (as updated from time to time);
b) Treat your user name and password, or any other piece of information used as part of our security procedures, confidential and must not disclose such information to any third parties;
c) Promptly notify us if you know or suspect that anyone other than you knows the information in clause 4. b) at firstname.lastname@example.org;
d) Provide accurate and up-to-date information at all times when using the AppToPay Platform and/or AppToPay Services;
e) Promptly notify AppToPay of any changes to information in your user account and/or personal circumstances;
f) Comply with all terms and conditions relating to the sale of the Product with the Retailer; and
g) Comply with all terms and conditions relating to the Consumer Credit Agreement.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights relating to the AppToPay Services, the AppToPay Platform and any related services and/or materials provided by AppToPay to you or accessed by you under the Agreement shall be owned by AppToPay. All such rights are reserved.
You may print off one copy, and may download extracts, of webpages from the Website for your personal use only. You must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such Intellectual Property Rights must always be acknowledged.
For the purpose of the Data Protection Act 2018, AppToPay is the data controller of your personal data used in connection with the AppToPay Platform and AppToPay Services.
NO RELIANCE ON INFORMATION
The content on the AppToPay Platform and other information which is displayed or provided to you when using the AppToPay Service is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the AppToPay Platform or other information displayed to you when using the AppToPay Service.
Although we make reasonable efforts to update the information on the AppToPay Platform and otherwise provided to you in relation to the AppToPay Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the AppToPay Platform or in documents provided to you in relation to the AppToPay Service are accurate, complete or up-to-date.
To the maximum extent permitted by law, the AppToPay Platform and the AppToPay Service are provided “as is” and “as available”. While AppToPay endeavours to provide the best service it can, AppToPay hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. AppToPay does not warrant that the AppToPay Platform or the AppToPay Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the AppToPay Platform and the AppToPay Service at your own discretion and risk.
We do not warrant that the provision of the AppToPay Platform and the AppToPay Service complies with the laws of any country apart from England.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
THIRD PARTY SITES
The AppToPay Platform may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the AppToPay Platform and the AppToPay Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
a) You will comply with the Agreement at all times;
b) You will provide us with accurate and up-to-date information (where required);
c) You will not use the AppToPay Platform or the AppToPay Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the AppToPay Platform or the AppToPay Service;
d) You will not infringe our intellectual property rights or those of any third party in relation to your use of the AppToPay Service;
e) You will not do any of the following in relation to your use of the AppToPay Service:
i. Disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
ii. Be likely to mislead or deceive any person, or
iii. Impersonate any person, or misrepresent your identity or affiliation with any person;
f) You will not use the AppToPay Platform or the AppToPay Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
g) You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the AppToPay Platform and/or the AppToPay Service.
LIMITATION OF LIABILITY
Nothing in this Agreement limits or excludes AppToPay’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the AppToPay Platform or the AppToPay Services, whether express or implied.
AppToPay will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) Use of, or inability to use, the AppToPay Platform;
b) Use of, or reliance on, any content displayed on the AppToPay Platform;
c) Rejection of your application for the AppToPay Services;
d) Any breach by a Retailer, including any failure or fault in the Product purchased from the Retailer, including a failure to deliver or delay in delivery of the product save in respect of misrepresentation or breach of contract claims falling within section 75 of the Consumer Credit Act 1974t; and
AppToPay shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this Agreement.
In addition, AppToPay will not be liable for any loss or damage caused by:
a) A virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the AppToPay Platform or to your downloading of any content on it, or any websites linked to it; and
b) Any failure or delay in providing the AppToPay Platform or the AppToPay Service to you due to matters beyond its reasonable control.
AppToPay total liability to you under or in connection with this Agreement shall be limited to £100.
AppToPay may terminate this Agreement and suspend your use of or access to all or any part of the AppToPay Platform or the AppToPay Service immediately by contacting you at your email address on record if:
a) You commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case;
b) You commit a breach of the Consumer Credit Agreement, as determined by us in our discretion, or we suspect that may be the case;
c) We consider termination necessary to protect the integrity or security of the systems used by us at any time;
d) You are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; or
e) You apply for bankruptcy or become subject of a bankruptcy petition or order.
On termination of the Agreement, all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorised by the Agreement, including your use of the AppToPay Platform and/or the AppToPay Service.
Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
This Agreement and the documents it references constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nothing in this Agreement affects the liabilities, rights and obligations of you, the Retailer and AppToPay under the applicable terms between you and the Retailer and you and AppToPay.
If AppToPay fails to insist that you perform any of your obligations under this Agreement, or if AppToPay does not enforce its rights against you, or if AppToPay delay in doing so, that will not mean that AppToPay has waived its rights against you and will not mean that you do not have to comply with those obligations. If AppToPay does waive a default by you, it will only do so in writing, and that will not mean that AppToPay will automatically waive any later default by you.
ASSIGNMENT AND OTHER DEALINGS
You may not assign, transfer or deal in any other manner with any or all of your rights under this Agreement without the prior written consent of the AppToPay.
AppToPay may at any time assign, transfer or deal in any other manner with any or all of its rights under this Agreement, provided that it gives prior written notice of such dealing to you and such dealing will not materially affect your rights under this Agreement or the obligations owed to you under this Agreement.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by email in advance.
THIRD PARTY RIGHTS
This Agreement is between you and AppToPay. No other person shall have any rights to enforce any of its terms.
GOVERNING LAW AND JURISDICTION
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) shall be governed by and construed in accordance with the law of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction over such disputes or claims.