1.1 Company details
These Terms and Conditions are between You (the Customer) and Sentenial Limited, (company number 06566456), trading as “Nuapay” a company registered in England with VAT number 938301035 and having its registered office at 1 Primrose Street, London, England, EC2A 2EX (in these Terms and Conditions “Sentenial”) acting through its agent, Unified Financial Limited (company number SC648489), trading as “OneBanx”, a company registered in Scotland with VAT number 343717596 and having its registered office and main trading address at 8 Botanic Crescent, Glasgow, G20 8QQ, in these Terms and Conditions “OneBanx”).
In these Terms and Conditions references to “We”, “Us” or “Our” are references to Sentenial, acting through OneBanx as its agent.
1.2 These Terms and Conditions
These are the Terms and Conditions on which We provide you with access to Our Services.
Please read these Terms and Conditions carefully before you accept them. These Terms and Conditions tell you who We are, how We will provide the Services to you, how You and We may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact Us to discuss.
1.3 Contacting us
1.4 Our regulator
Sentenial is authorised and regulated by the Financial Conduct Authority (FCA). Sentenial’s registered number is 624067. OneBanx is a PSD agent of Sentenial, registered with the FCA under registered number 936544. The FCA Financial Services Register can be accessed at www.fca.org.uk/register. You can also contact the FCA on 0800 111 6768 or 0300 008082 or by emailing firstname.lastname@example.org .
1.5 Other terms that apply to you
These Terms and Conditions refer to and incorporate the following additional terms, which also apply to Your use of the Website and the Services:
1.5.1 Privacy Statements
Sentenial will only use Your Personal Data as set out in its privacy notice, a copy of which you can find here: https://www.nuapay.com/en/privacy-policy/ (the “Sentenial Privacy Notice”). OneBanx will only use Your Personal Data as set out in its privacy notice, a copy of which you can find here: https://onebanx.com/privacy-policy/ (the “OneBanx Privacy Notice”).
1.6 Governing law and jurisdiction
These Terms and Conditions are governed by the laws of Scotland and You and We each irrevocably agree to submit all disputes arising out of or in connection with these Terms and Conditions to the exclusive jurisdiction of the Scottish courts.
In these Terms and Conditions the following terms have the following meanings:
Account Information Service Provider or AISP means a Payment Service Provider that with Your permission can access Your bank account information such as accounts, balances, transactions and payees etc;
Access Code is the numeric code You assigned during the registration process to access the Mobile Application on Your Mobile Device and to authorise some actions;
Account Mandate means Our template User Profile mandate form in which You authorise Us to accept instructions from User(s);
Agreement means the legal agreement between You and Us acting through our PSD agent, OneBanx, which includes the Account Mandate, these Terms and Conditions, the Privacy Statements and [any notices of] fees and charges as are notified to You or the User(s) from time to time;
Business Day means a day (other than a Saturday, Sunday or public holiday) on which We are generally open for business in the UK, and where in relation to execution time frames in respect of a payment to an account with another bank, on which the payee’s bank is also open for business. A “Non-Business Day” is any day which is not a Business Day;
Business Hours mean 9:00am to 5:00pm UK time on a Business Day;
Clearing Network means an electronic clearing system in which payment transactions are exchanged among financial institutions (e.g. STEP2 SEPA Credit Transfer (SCT) Service, Faster Payments Scheme Limited, BACS Direct Credit Scheme);
Customer means You;
Data Protection Legislation means all applicable laws that relate to data protection, privacy, the use of information relating to individuals, and or the information rights of individuals including, without limitation, the GDPR, the UK Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communication (EC Directive) Regulations 2003, and all and any regulations made under such acts or regulations and in each case as may be amended or replaced from time to time;
Direct Debit Instruction means an instruction from You to Us, authorising a biller to collect variable or fixed amounts from Your bank account;
FAQ means the information on Our services as provided on the Website under the Frequently Asked Questions section;
Force Majeure means any event which is outside Our reasonable control, including the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, fires, strikes, industrial dispute, riots, war, civil unrest, revolution, act of terrorism, inability to obtain materials, embargo, refusal of licence, theft, destruction, denial of service attacks, unauthorised access to computer systems or records, programs, equipment, data, or Services, breakdown of plant or machinery, flood or other adverse weather conditions;
GDPR means the General Data Protection Regulation ((EU) 2016/679).
Intellectual Property Rights means patents, registered designs, trademarks, service marks, design rights and database rights (whether registerable or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country (including the United Kingdom and Ireland) and all rights of a similar or corresponding character subsisting anywhere in the world;
Kiosk Application means the tool accessible at the OneBanx kiosk that allows Users to register and access Our product and services;
Limits mean the transaction, service, lodgement, payment and withdrawal limits set by Us at Our sole discretion as provided for in Clause 10;
Mobile Application means the application downloaded to the User’s Mobile Device to register and access Our products and services;
Mobile Device means an Android or iOS device meeting the minimum requirements for the Mobile Application registered to the User;
Open Banking means the use of AISP and PISP services provided by Us;
OneBanx ATM means a OneBanx automated teller machine located at a OneBanx location which incorporates the Kiosk Application and through which Customers can use the Services (as more particularly described in clause 4 (Our Services), and which may be: (i) self-service; or (ii) manned by an OpenBanks’ teller;
OneBanx Privacy Notice has the meaning given in clause 1.5.1;
Originator means a biller authorised to take payments from accounts using a Direct Debit Scheme;
Passcode means the secret six digit numerical code that must be set and used by a User to access the Services;
Payment Request means functionality to allow You to generate a unique URL containing the information required for a payment to be made;
Payment Service Provider means a company that offers payment, account and/or information services;
Personal Data means data relating to a living individual who is or can be identified either from the data; or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data processor;
Payment Initiation Service Provider or PISP means a Payment Service Provider that with Your permission can initiate payments from Your bank account;
Pre Authorisation means a temporary hold of a specific amount of the available balance on Your debit card (e.g. when booking a hotel or car hire);
Privacy Statements means (i) the Sentenial Privacy Notice; and (ii) the OneBanx Privacy Notice, which set out how Sentenial and OneBanx respectively collect, use and share Personal Data;
Security Details means Your username, Passcode, and the two factor authentication for the banking login;
Sentenial Privacy Notice has the meaning given in clause 1.5.1;
Services mean the services provided by Us to You in accordance with the terms of the Agreement;
Support Team means the OneBanx support team, which can be contacted at email@example.com.
Terms and Conditions means these terms and conditions as set out in this document and as amended from time to time in accordance with clauses 1.8 and 17.2;
Third Party Provider or TPP means either an Account Information Service Provider which provides account information services only or a Payment Initiation Service Provider which provides payment initiation services only;
UK Data Protection Regulation means the GDPR as enacted under the laws of England and Wales, Scotland and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 and The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, as further amended or modified from time to time;
Underlying Transaction shall mean any contract, deal or other transaction between You and the payee, e.g. for the supply of goods and/or services;
User(s) means in respect of each User Profile, the individual authorised to access and use the User Profile (that is You, the Customer) and registered in accordance with clause 3;
User Profile means a profile created by Us for each User (as set out in the registration process in clause 3) and which is used to access the Services;
You shall mean you, the Customer who holds a User Profile, being an individual, partners hip, limited partnership, limited company, charity, public authority or other entity (corporate or otherwise) (and “Your” shall be construed accordingly);
Vulnerable Consumer means a natural person: (i) who has the capacity to make his or her own decisions but who because of individual circumstances, may require assistance to do so (for example, an individual who is visually impaired); and/or (ii) who has limited capacity to make his or her own decisions and who requires assistance to do so (for example, persons with intellectual disabilities or mental health difficulties);
Website means the OneBanx website available at www.onebanx.com; and
Your Breach has the meaning given in clause 5.2.
When You sign up for the Services You agree to be legally bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you will not be allowed to access the Services.
You also agree to be legally bound by extra terms which may add to, or replace some of these Terms and Conditions. This may happen as a result of any change to the Services and/or Our products or the Website. We will contact You to let You know if We intend to do this by giving You at least one month’s notice (by publishing any such change on the Website and emailing you to let you know about the changes) . In the event You do not agree to the change in terms You can choose to stop using the Services whenever You like and/or you can terminate the Agreement by notifying under clause 13.2.
Our contract with You
2.1 Our contract
These Terms and Conditions apply to Your use of the Website, the Mobile Application, the Kiosk Application and Services at OneBanx locations.
To register for the Services you must be at least sixteen (16) years old, be resident in the United Kingdom and hold one or more accounts with banks based in the UK.
To access the services You need to create a User Profile with Us through one of the following platforms:
- on the Mobile Application; or
- via the Kiosk Application.
Help in creating Your User Profile is available from a OneBanx teller based at our Kiosks.
3.2 What do I need?
To use the Services at a OneBanx ATM/ using the Kiosk Application You need:
- to have registered Your OneBanx User Profile (see clause 3 above); and
- have the OneBanx Mobile Application on Your Mobile Device (for authentication)
The Registration process
Creating your User Profile at each of these platforms is the same and consists of the following steps:
- create unique login details: email address and six (6) digit Passcode;
- enter personal information: first and last name;
- upload an official photo ID document (such as passport or driving licence);
- take and upload a “selfie” photograph; and
- Your User Profile is then generated.
Further, to use the Services, You will need to provide information about Your bank account(s) that You wish to use within the Services. New accounts can be added by You at any time.
To meet regulatory requirements and to reduce the chance of fraud we will check the details provided during your registration with those held about You at your selected bank. This process will require You to authorise Your bank to disclose this information to Us, an action that is automated within our applications
All services which OneBanx provides to Users are provided through the Kiosk Application at a OneBanx location via a OneBanx ATM or a OneBanx’ teller. To support and enable Your use of the OneBanx ATM and the Kiosk Application (including to authenticate and initiate payments) You need the Mobile Application installed and working on Your Mobile Device.
4.1 What can You do?
Using a OneBanx ATM You can:
- pay cash into Your bank account;
- withdraw cash from Your banks account;
- check Your balances and transaction history;
- pay bills
- transfer money between bank accounts; and
- get help in accessing or using online banking functionality.
At some OneBanx locations OneBanx ATMs are manned by OneBanx tellers who can assist you to use the OneBanx ATM and the Kiosk Application.
4.2 Where and when can I do it?
You can access the Services:
- at any OneBanx ATM;
- whenever the OneBanx location is open.
Check the Website or contact Us (using the details at clause 1.3) for a list of OneBanx locations and opening times.
4.3 What Banks are supported?
The Services rely on Us being able to establish secure connections to Your bank. Services can thus only be provided where Your bank has such capabilities. All major banks and most others in the UK have the ability to support secure connections with Us.
Please check the Website or contact Us (using the details at clause 1.3) for a full list of participating banks.
Services use real-time payment technology to move money which means transactions are generally completed in seconds. In rare cases Your bank may introduce procedures that can slow this process down.
For some transactions for example the withdrawals of cash, You are able to initiate the transaction remotely via the Mobile Application. In such cases You must complete the process on a OneBanx ATM within two hours or the transaction will be cancelled.
4.4 Provision of Information
A feature of the Services available to You is the ability for Us to provide you with information relating to your linked bank accounts such as your current balance. To achieve this we use the UK Open Banking (OB) standards which allow Us to communicate in a secure way with the majority of the UK’s banks.
Open Banking is the UK’s industry standard for how banks can share Your bank account information with FCA regulated companies such as Us. We may use certain Third Party Providers to assist us in providing these Services and We share information with those Third Party Providers. Please refer to the Privacy Statements for further information on how your personal data is used and stored.
4.5 Correcting input errors
Our process allows You to check and amend any errors before the payment is finalised and processed. Please check the request carefully before confirming it at the Kiosk Application, or through the Mobile Application. You are responsible for ensuring that Your request and any specification submitted by You is complete and accurate.
4.6 Keeping You in control
The regulations under which we operate oblige Us to seek Your consent to carry out various aspects of the processes. This is to protect You from fraud in a similar manner to that provided by a chip & pin card. There are three elements where Your consent is captured described below.
During the registration process, You have the opportunity to review and receive a copy of these Terms and Conditions. When completing the registration Your consent is required to confirm you accept and will abide by these Terms and Conditions.
Secondly, Your consent is required to allow Us to access details held within your bank account(s), such access is required to allow Us to provide You with information such as Your current balance or details of transactions processed.
Finally, Your consent is required to allow Us to action any payment instructions issued by You through either the Mobile Application or the Kiosk Application.
By way of a further level of protection for You, in the case of Us accessing data held at Your bank or where You initiate a payment You will be required to confirm your approval of the action directly with Your bank. This process is automated within the Mobile and Kiosk apps.
4.7 Reasonable care and skill
We warrant to You that the Services will be provided using reasonable care and skill and in compliance with all applicable regulatory standards. See clause 7 (Services) and clause 11 (Limitation of Liability) for further details concerning Our liability to You.
4.8 Vulnerable Customer
Where we understand or reasonably suspect that You are vulnerable we will act in accordance with our Vulnerable Customer Policy in providing the Services to You.
5.1 It is Your responsibility to ensure that (and you agree that):
- You are at least sixteen (16) years of age and resident in the United Kingdom;
- any information You provide to Us is complete and accurate;
- You will provide Us with such cooperation, information and materials as We may reasonably require in order to supply the Services to You, and ensure that such information is complete and accurate;
- You will not engage another person, company, partnership or other entity to access the Services on Your behalf;
- You will keep Your User Profile details (including your Passcode) safe and not disclose them to any third party. If You know or suspect that anyone other than You knows Your user identification code or Passcode, You must promptly notify Us.
5.2 If Our ability to perform the Services is prevented or delayed by any failure by You to fulfil any obligation listed in clause 5.1 (“Your Breach”):
- We will be entitled to suspend performance of the Services until You remedy Your Breach , and to rely on Your Breach to relieve us from the performance of the Services, in each case to the extent Your Breach prevents or delays performance of the Services. In certain circumstances Your Breach may entitle Us to terminate these Terms and Conditions under clause 13 (Termination); and
- We will not be responsible for any costs or losses You sustain or incur arising directly or indirectly from Our failure or delay to perform the Services arising from Your Breach.
Know Your Client (KYC) Requirements
6.1 We are required by law to conduct ongoing monitoring of all Our customers, and transactions carried out for or with Our customers, including You in order to comply with KYC obligations. This includes monitoring instructions and transactions for the prevention and detection of financial crime.
6.2 You agree that You will provide Us with all information We reasonably require (e.g. for creating a User Profile and conducting the business relationship prescribed by any applicable law) and You will sign all documents We reasonably request from You from time to time, including any relevant document in order to confirm the details You have declared to us (including tax residence).
6.3 You agree that You will provide Us with correct, accurate and truthful information. You must notify Us immediately in writing of any changes in circumstances which might cause the information provided to Us to be incomplete or inaccurate. Changes in circumstances can be but are not limited to: residence address, nationality, contact details, retail bank accounts held with other financial institutions, authorised signatories, authorised Users and/ or person(s) holding a power of attorney.
7.1 We do not guarantee that the Kiosk Application, the Mobile Application, the Website and/or any content on it or otherwise provided as part of the Services will always be available, uninterrupted or error free. We reserve the right to suspend, withdraw or restrict access to the Kiosk Application, the Mobile Application and/or the Services, or any part thereof, at any time We consider there is or is likely to be a breach of security or have other operational concerns.
7.2 The Kiosk Application, the Mobile Application and/or the Website may become unavailable from time to time in order for Us to carry out planned and unplanned maintenance and security updates. We will seek to provide reasonable notice of this (except in the case of emergency or unplanned maintenance).
7.3 We are not obliged to restore any of Your data which may be deleted in the course of suspending, withdrawing or restricting Your access to the Services. It is Your responsibility to store any materials or data that You may require from time to time.
7.4 You are responsible for making all arrangements necessary for You to have access to the Website including providing and maintaining any equipment used to access the Website. You are solely responsible for any telecommunications costs that You incur while using the Website or the Mobile Application.
8.1 What if I have a Complaint?
We're always seeking to improve our services and We take seriously anything that is causing You concern. This helps Us improve Your experience and ensure You're happy with Our service.
8.2 How to Contact Us About a Complaint
We understand that not everyone is comfortable using modern methods of communication for raising a concern. We have a range of ways to contact us, including more traditional methods. If You have a complaint You can;
- Call us on 0141 488 0403 from Monday-Friday 9:00am-5:00pm;
- Send a letter to 8 Botanic Crescent, Glasgow, G20 8QQ; or
- Email us on firstname.lastname@example.org.
We always prefer to hear concerns directly from You. When You raise a concern, We'll look to acknowledge it within 24 hours (or if You’ve contacted us by letter, as soon as We receive Your correspondence) to make sure You feel listened to. To help us investigate, we'll need:
- Your full name, address and a preferred daytime phone number;
- Your email address;
- a description of the circumstances and facts that have given You reason to complain; and
- details of the impact that the relevant issue has had on You.
8.3 What happens next?
We will investigate all complaints. If Your complaint is about a payment related service that We provide, we’ll aim to respond in full within fifteen (15) Business Days and let You know what is happening as We progress with any concern. If there are exceptional circumstances beyond Our control, We may take up to thirty five (35) Business Days but if this is the case We’ll write to You to let You know why We need longer. If Your complaint is about any other part of Our service, We’ll send You our response within six (6) weeks. Our response will set out what Our investigation has shown and what steps We will take to make sure the issues giving rise to Your complaint don’t happen again.
8.4 What if I'm Unsatisfied with the Result of my Complaint?
If You’re not satisfied after Our investigation, depending on the nature of Your complaint, an alternative dispute resolution provider may be able to assist. We will provide You with the details of applicable providers if You want to escalate Your concern further. For example, if You’re an individual and Your complaint is about Your credit file or financial services, then You have the right to refer Your complaint to the Financial Ombudsman Service (the “Ombudsman”). The Ombudsman is an independent public body which aims to resolve disputes between consumers and business in financial services. Smaller businesses, charities and trusts may also be able to refer to the Ombudsman complaints about some subjects, such as the business information files We hold about them. It’s free to use their services and they are independent.
The contact details for the Ombudsman are:
0800 0234 567 Calls to this number are now free on mobile phones and landlines.
0300 1239 123, or from outside the UK +44 20 7964 0500 Calls to this number cost no more than calls to 01 and 02 numbers.
- Email: email@example.com.
Intellectual property rights
9.1 All Intellectual Property Rights in or arising out of or in connection with the Services provided via the OneBanx ATM, the Kiosk Application, the Mobile Application, the Website and the information contained on the Website and Mobile Application, is owned by OneBanx or is licensed or sub-licensed to OneBanx. All content on the Kiosk Application, the Website and Mobile Application is subject to copyright with all rights reserved.
9.2 Images, trademarks and brands are also protected by intellectual property laws and may not be reproduced or appropriated in any manner without the permission of their respective owners.
9.3 You must not remove any acknowledgement that OneBanx or any of OneBanx’ contributors is the author of any Website or Mobile Application of Kiosk Application content.
9.4 You may download or print content or individual sections or pages of the Website for Your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through the Website is done at Your own discretion and risk and You are solely responsible for any damage to Your computer system or Mobile Device and/or any loss of data that results from the download of any such material.
9.5 You must not modify, adapt, copy, download or post material from the Website nor store any part of the Website in any other website or include it in any public or private electronic retrieval system.
9.6 You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.
9.7 “OneBanx” is a UK registered trademark of Unified Financial Limited. You are not permitted to use it without OneBanx’ approval.
Reliance on information
The content on the Mobile Application, the Website and any information provided to You as part of the Services is provided for general information only. It is not intended to amount to advice on which You should rely and You should take professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Mobile Application, the Website and/or provided via the Services. By submitting content You confirm and agree that the owner of that content has expressly agreed that, without any particular time limit, and without the payment of any fees, We may use the content for the purposes set out in these Terms and Conditions.
Limitation of liability:
11.1 Nothing in the Agreement limits or excludes Our liability for:
- death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any duties We have under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority, nor any other liability which cannot be limited or excluded by applicable law.
11.2 Subject to clause 11.1, to the extent permitted by law, We exclude all conditions, warranties, representations and other terms which may apply to the Website, the Mobile Application, the Kiosk Application and/or any content on them or services accessed through them, whether express or implied.
11.3 Subject to clause 11.1, We will not be liable to You, under or in connection with these Terms and Conditions for the following where We have not caused the breach:
- unauthorised access to or alteration of Your transmissions or data;
- any inaccuracy or incompleteness of any information received by You or by Us through the Kiosk Application, the Mobile Application and/or the Website as part of the Services;
- loss of use or corruption of software, data or information (save where this is caused by defective digital content provided by Us in which case clause 11.6 applies).
11.4 Where the Website and/or Mobile Application contain links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You obtain from them. We have no control over the contents of those sites or resources.
11.5 We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these Terms and Conditions, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms and Conditions 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 that it will happen or if, at the time the Agreement was made, both We and You knew it might happen.
11.6 If defective digital content which We have supplied damages a device or digital content belonging to You and this is caused by Our failure to use reasonable care and skill We will either repair the damage or pay You compensation. However, We will not be liable for damage which You could have avoided by following Our advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
11.7 Whilst We take reasonable steps to ensure that the content of the Website and Mobile Application is accurate, current and complete, We have no control over the content of the information provided by Third Party Providers. We do not accept liability for the accuracy or completeness of the Website and/or Mobile Application content or content provided as part of the Services. We do not accept liability for any errors or omissions or for the content becoming out of date. Certain features of the Website and Mobile Application will rely on data provided by You in order to generate output. You should confirm the accuracy and completeness of any content before relying on it.
11.8 This clause 11 will survive termination of the Agreement.
12.1 We and You each undertake not at any time to disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
12.2 We and You may each disclose the other’s confidential information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Agreement. We and You shall each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Each of You and Us may only use the other’s confidential information for the purpose of exercising our respective rights or fulfilling our respective obligations under the Agreement.
13.1 We reserve the right at any time to terminate the Agreement and Your use of the Kiosk Application, the Mobile Application, the Website and/or any products or services contained in or obtained through the Kiosk Application, the Website and/or the Mobile Application, immediately upon Our giving You notice in writing to the email address provided by You when You registered (or any email address You subsequently provide) if we have reasonable grounds to suspect that You are in breach of (i) these Terms and Conditions; or (ii) any applicable law (including using the Services for any fraudulent or criminal purpose).
13.2 You can terminate this Agreement immediately at any time by emailing Us at firstname.lastname@example.org.
13.3 If You withdraw consent to the processing of Your Personal Data, access to the Website, the Mobile Application and the Services will be suspended or terminated.
13.4 We can cancel Your access to the Services where ( (i) Your access to the Services is for a limited time and that period expires; or (iii) as otherwise set out in these Terms and Conditions.
13.5 Termination of the Agreement will not affect Your or Our rights and remedies that have accrued as at termination.
13.6 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Agreement that is caused by any event of Force Majeure.
14.2 If an event of Force Majeure takes place that affects the performance of our obligations under the Agreement:
- We will contact You as soon as reasonably possible to notify You;
- Our obligations under the Agreement will be suspended and performance of Our obligations will be extended for the duration of the event of Force Majeure; and
- You can cancel the Agreement by notifying us under clause 13.2.
15. 1By using the Website, the Mobile Application, the Kiosk Application and/or the Services, You confirm that You accept these Terms and Conditions and that You agree to comply with them. If You do not agree, You must not use (and must immediately stop using) the Website, the Mobile Application, the Kiosk Application and the Services.
15.2 You may use the Website, the Mobile Application, Kiosk Application and/or the Services only for lawful purposes. You may not use the Website, the Mobile Application, Kiosk Application and/or the Services:
- in any way that breaches any applicable, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to knowingly transmit, send or upload any material or data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Communications between us
16.1 When We refer to “in writing” in these Terms and Conditions, this includes email.
16.2 Any notice or other communication given under or in connection with the Agreement must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission, subject to sub-clause 16.8.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
16.6 Information, such as information about the Kiosk Application, the Mobile Application, information pertaining to Your explicit consent to using Open Banking (in accordance with clause 3.2), information on costs and associated charges, as well as other relevant changes to the Website will be notified to You by email using the email address provided by You when You registered (or any email address You subsequently provide).
16.7 We will assume the conformity with authentic originals of all documents submitted to us as copies (including electronic copies).
16.8 Any notice or communication that We provide to You by email shall be deemed to have been received at the time of sending, as long as this is within Business Hours, otherwise, the relevant notice or communication shall be deemed to have been received when Business Hours resume the following Business Day.
17.1 Assignation and transfer
We may assign or transfer Our rights and obligations under the Agreement to another entity but will always notify You in writing or by posting on the Website if this happens. If you object to any such assignation or transfer you can terminate the Agreement pursuant to clause 13.2.
You may only assign or transfer Your rights or Your obligations under the Agreement to another person if We agree in writing.
Other than as set out in clause 1.8 (changes), any variation of the Agreement only has effect if it is in writing and signed by You and Us (or our respective authorised representatives).
If We do not insist that You perform any of Your obligations under the Agreement, 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 or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.