KodyPay Terms & Conditions – Please Read These Carefully:
PLEASE READ THESE CUSTOMER TERMS AND CONDITIONS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS AND CONDITIONS (THE “AGREEMENT“) WHICH WILL LEGALLY BIND YOU.
IF YOU DO NOT AGREE TO THIS AGREEMENT, CLICK ON THE “REJECT” BUTTON BELOW.
- WHO WE ARE AND HOW TO CONTACT US
This App is operated by KodyPay LTD (“we“, “us” and “our“). We are a limited company registered in England and Whales under company number 11532575, and have our registered office at Unit 42, 24-48 St Leonard Road, Windsor, Berkshire, England SL3 3BB.
To contract us, please email email@example.com or use the in-App chat function or the feedback page on our website at www.kodypay.com.
- BY USING OUR APP YOU ACCEPT THIS AGREEMENT
By using our App, you confirm that you accept this Agreement and that you agree to comply with it. If you do not agree to this Agreement, you must not use our App.
We recommend that you save and print a copy of this Agreement for future reference.
- THERE ARE OTHER TERMS AND CONDITIONS THAT MAY APPLY TO YOU
- about THIS AGREEMENT
This Agreement is structured in three parts:
- Part A sets out terms and conditions which relate to your licence to use the App;
- Part B sets out information about the services you connect to via the App and the content we provide to you through it (“Services“) and the terms and conditions which relate to the provision of such Services; and
- Part C sets out general terms and conditions which relate to the legal relationship between us.
PART A – MOBILE APPLICATION END-USER LICENCE AGREEMENT
- YOUr age
You must be 18 or over to accept this Agreement and use the App.
- HOW YOU MAY USE THE APP
In return for your agreeing to comply with this Agreement you may:
- download or stream a copy of the App onto any number of electronic devices and view, use and display the App and the Service on such devices. However you can only be logged into the App on one electronic device at a time; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
- OPERATING SYSTEM REQUIREMENTS
This App requires an iOS or Android electronic device with a minimum of 100 megabytes of memory (plus additional memory for cache) and version 11.2 in the case of iOS, or version 5.0 in the case of Android, operating system.
- SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or if you think the App is faulty or mis-described or you are having any problems using it, please take a look at our support resources in the App, send us a message via the in-App chat function or fill in the feedback form on our website www.kodypay.com.
- How we will communicate with you
- UPDATE TO THE APP AND CHANGES TO THE SERVICE
- From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system 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.
- AVAILABILITY OF OUR APP
- Our App is made available for download onto an electronic device free of charge.
- We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are responsible for ensuring that all persons who access our App through your internet connection are aware of this Agreement and other applicable terms and conditions, and that they comply with them.
- Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our App is appropriate for use or available in other locations.
- Our App is only available for use by individuals in their personal capacity. It is not available for use by businesses.
- YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable option you have failed to comply with any of the provisions of this Agreement.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
- IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any electronic device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the electronic device.
- WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- The App may contain links to other independent websites or resources which are not provided by us. Such independent sites and resources are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites and resources, including whether to buy any products or services offered by them.
- App RESTRICTIONS
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in this Agreement;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
- ACCEPTABLE USE RESTRICTIONS
- not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this Agreement);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any Service.
PART B – SERVICE TERMS AND CONDITIONS
- Trial SErvices
- KodyPay is a platform that supports customers’ acquisition of goods in retail stores.
- KodyPay is currently operating a limited trial of its services on the University of York (“University“) campus (the “Trial“). KodyPay reserves the right to end the Trial at any time without notice.
- During the Trial, KodyPay will allocate bonus credit with a notional value (“Bonus Credit“) to users and allow users to apply that Bonus Credit in exchange for goods at the Nisa Co-Op Group Stores (“Nisa Stores“) on the University campus (“Transactions“). KodyPay has associated payment arrangements in place with the University in relation to such Transactions.
- In order to participate in the Trial, you must first have been invited by KodyPay via email and you will then need to have downloaded the App and set up an account (“Account“). It is free to open an Account and you can do so by providing the registration details requested.
- Once you have set up your Account, you will be allocated sign-up Bonus Credit worth £15 to use on our behalf at Nisa Stores. We may allocate you extra Bonus Credit from time to time, at our discretion.
- You will only receive Bonus Credit once you have verified your email by clicking the link sent to the email address you register and once you have acknowledged that the Bonus Credit belongs to KodyPay and we have permitted you to use it on our behalf at the Nisa Stores.
- We will allow you to keep the goods you acquire using Bonus Credit unless we inform you otherwise, in our discretion.
- You will not earn any interest on any amounts held in your Account.
- How the services work
- In order to use the Services, you must register an Account with us. In order to register you must satisfy the following minimum eligibility criteria:
- you must be an individual acting on your own behalf, in your own personal capacity (and not as a business or on behalf of a company or other organisation);
- your permanent residence must be in a country in the European Union;
- you must be at least 18 years of age;
- you must have a University email address which you have access and which you check regularly;
- you must not already hold an Account with us and (except where we expressly grant permission otherwise) you must not have previously held an Account with us.
- It is your responsibility to ensure you satisfy the criteria set out in clause 18.1 above before choosing to register with us. By registering, you confirm to us that you meet all of the minimum eligibility criteria.
- In order to make a Transaction you must present your QR code, which is found in the App, for scanning at a Nisa Store.
- Once you have provided consent for a Transaction your consent cannot be withdrawn. Your consent is provided at the time the Transaction is received by us.
- You need sufficient Bonus Credit in your account to make Transactions.
- Although we receive Transactions instantaneously, sometimes a Transaction will not be updated on the App immediately. It may take up to one business day from the time we receive a Transaction for the Transaction to show on the App.
- During the Trial, you may only use your Account for your own personal use and only for authorised and lawful purposes. You may not use your Account in connection with any lottery or gambling activities, to further any fraudulent or other illegal activity or to impersonate another person or in a manner harmful to KodyPay, Nisa Stores, the University, other KodyPay customers or any other third party.
- We do not guarantee the continuous or uninterrupted operability of the KodyPay App or services we provide (since this depends on a number of factors outside our control) and there may be periods of downtime for maintenance and upgrade work.
- If a Nisa Store deems that you are entitled to a refund for whatever reason, then the Nisa Store will notify us and we will allocate your Account with Bonus Credit of the notional refund value.
- You are not able to withdraw any Bonus Credit from your Account except by making valid Transactions in accordance with this Agreement.
- Transactions made in error
- In the event you have made a Transaction via the App in error, please email email@example.com or use the in-App chat function or the feedback page on our website at www.kodypay.com. We will respond as soon as possible.
- If a Transaction occurs without your permission (for example after we have confirmed that your account has been locked), then we will work with the Nisa Stores to discover who authorised the Transaction. If we can establish that the Transaction was not carried out by you, you will not be charged for the Transaction.
- When you set up an Account with us, you will be asked to provide your email address and create a password. Any password you create (including when you update your password from time to time) must be a “strong” one, and not easily guessed (such as, for example, your date of birth). You must keep your customer details secure and confidential at all times. You must not disclose your password to anyone else. You should not write down your email address and password together in the same place and you must take care that nobody sees (or overhears) you when entering your details into the App.
- If you forget your password, you can click the ‘forgot password’ link on the login page where you will be guided through the steps for replacing your password.
- If your correct login details are used to access your Account, we will assume that you are the person accessing it and you will be responsible for such use (including any Transactions). You must notify us immediately by emailing info@KodyPay.com or the feedback page on our website at www.kodypay.com upon discovering or suspecting that your login details or the electronic device to which you downloaded the App have been lost, mislaid or stolen or that anyone else has learned your login details or that there has been any unauthorised use of your Account. Until you do, your Account will not be secure. Upon contacting us, we will lock your Account to prevent anyone else from using it. We will then work with you to update your password and unlock your Account.
- As we do not control the security of the internet or other networks you use to access the Services, we are not responsible for the security of information that you choose to communicate with us while it is being transmitted or for any data lost during transmission.
- You are solely responsible for obtaining and maintaining the security of the computer, smartphone and other equipment that you use to access the Services and for paying for such equipment and any telecommunications charges.
- Suspension, cancellation and change to functionality
- We must approve your registration for an Account. We reserve the right to decline any application for an Account, for any reason in our absolute discretion.
- If you wish to close your Account, any credit in your account which were provided to you by us will be retained by us upon closing your Account.
- We may suspend, cancel or amended your Account for any reason without warning. If we suspend, cancel or amend your Account we will send you an email setting out what has occurred to your Account and the reasons why.
- We may suspend, cancel or amend the Services from time to time without warning. If we suspend, cancel or amend the Services we will send you an email notifying you of the changes to the Services.
There is a strong WIFI network at the University which should minimise interruptions to services. However, we has no control over the wifi network, Nisa Store equipment or the internet itself and so is not liable for any issues you may experience when using the App or the Services related to these.
- If you have a complaint about any of the Services, please contact us at firstname.lastname@example.org or use the in-App chat function or the feedback page on our website at www.kodypay.com.
- If you are not satisfied with the way a complaint has been handled, you are welcome to raise a complaint with the University for further investigation.
Sometimes we will offer rewards for things like inviting friends to join the App or for promotional purposes. We can withdraw or change these offers any time, without letting you know in advance. You’ll only get financial awards once per action (for example you’ll only get a sign-up bonus once, or once per friend you invite). You will be provided with any terms and conditions relating to such rewards at the time they are offered by us. You might have to pay income tax on the money you get as part of these rewards. Contact HMRC if you are unsure.
- Charges OUTSIDE KodyPay’s control
In the event Customers are able to credit their own Account, you may have to pay other costs, taxes or charges in relation to your Account. Such charges are outside of Kodypay’s control and not charged by us. For example, other banks may charge you for sending money to your Account.
- Financial Services Compensation Schedule
The Financial Services Compensation Schedule is not applicable.
- Overseas usage
- You are able to log into the App while overseas. However, transactions can only be made on the University campus at the Nisa Sites.
- Transactions cannot be made in an overseas currency.
pART c – gENERAL
- YOUR PRIVACY
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- COLLECTion and use of INFORMATION ABOUT You, YOUR DEVICE AND YOUR PREFERENCES
- By using the App or any of the Services, you agree to us collecting and using technical information about the electronic devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
- (a)create anonymised and/or aggregated data, information, statistics, analyses or reports (“Derived Data“); and
- (b)use such Derived Data for our legitimate business purposes from time to time (including to disclose, distribute, sell or license Derived Data to our trusted third party partners and commercial customers from time to time).
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you in accordance with the terms and conditions set out in this Agreement and you are granted such licence until the Agreement is terminated by either Party in accordance with this Agreement. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with this Agreement.
- CHANGES TO THIS AGREEMENT
- We may amend this Agreement from time to time.
- We will aim to give you at least 30 days’ notice of any change to this Agreement by sending you an SMS with details of the change or notifying you of a change when you next start the App. However there may be some circumstances where we are unable to give you 30 days’ notice of a change, in which case we will give you as much notice as possible.
- There may be occasions where we need to make emergency changes to this Agreement. If we need to make emergency changes we will provide you with notice of any changes we have made as soon as possible.
- If you do not agree to the amendments made to this Agreement, you must notify us within 30 days of receiving notice of any change to this Agreement. Following receipt of such notification, you will not be permitted to continue to use the App and you may apply to us for a refund of any credit in your KodyPay account prior to cancellation (subject to clause 21.2).
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious or natural that it would occur following our breach.
- Exceptions to exclusions
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.
- When we are liable for damage to your property
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Liability cap
Except to the extent we cannot limit our liability under the Consumer Rights Act 2005 and the Consumer Protection from Unfair Trading Regulations 2008/1277, the total aggregate liability of KodyPay under or in connection with this Agreement, for all claims and losses, damages, liabilities, fines, penalties and any expenses whether arising in or for breach of contract, tort, breach of statutory duty or otherwise, shall not exceed £500 (five hundred pounds).
- Please back-up content and data used with the App
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
- Check that the App and the Services are suitable for you
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
- Limitations to the App and the Services
The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- We are not responsible for events outside our control
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your Agreement with us and receive a refund of any credit you have in your KodyPay account at the time of cancellation (subject to clause 21.2).
- TERMINATION FOR BREACH OF THIS AGREEMENT
- We may end your rights to use the App and Services at any time by contacting you if you have breached this Agreement in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
- If we end your rights to use the App and Services:
- you must stop all activities authorised by this Agreement, including your use of the App and any Services;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and/or
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under this Agreement 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 this Agreement.
- YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
- NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
- IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- DELAY IN ENFORCING THIS AGREEMENT
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- WHICH LAWS APPLY TO THIS aGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
This Agreement is governed by English law and you and us can bring legal proceedings in respect of the App and the Services in the English courts.