WYZE PAY WEBSITE TERMS & CONDITIONS OF USE

WYZE PAY WEBSITE TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1.     Who we are and how to contact us

These terms and conditions (the “Website Terms of Use”) tell you the rules for using the website at www.wyzepay.com (our “Website”), which is operated by Wyze Pay Limited (“We“). We are a private limited company registered in England and Wales under company number 11962345.  Our registered office is 33 Broadwick Street, London, W1F 0DQ. Our VAT number is [VAT NUMBER].

[We are regulated by [NAME OF RELEVANT REGULATOR].]

To contact us, please write to us by post at [our registered office address above], or alternatively email us at [EMAIL ADDRESS] [or telephone our customer service line on [NUMBER]].

2.     Which terms and conditions apply

By using our Website, you confirm that you accept these Website Terms of Use and the additional terms linked to below (the “Additional Terms”), and that you agree to comply with them.

If you do not agree to those Additional Terms and these Website Terms of Use, you must not use our Website.

The Additional Terms that apply to your use of our Website, and which you should read before using our Website, are as follows:

  • our Privacy Policy, which sets out information about how we use your personal information;

  • our Website Cookie Notice, which sets out information about the cookies on our Website;

  • our User Terms, which govern the provision of our products and services to you if you are a Consumer; and

  • Our Issuer Terms, which govern the use of our Platform by you if you are a business.

 

3.     Who can use our Website

Our Website is solely for personal and non-commercial use. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our Website. If you access our Website from locations outside the United Kingdom, you are solely responsible for compliance with local laws where they are applicable.

[Our site is directed to people residing in [the United Kingdom]. We do not represent that content available on or through our site is appropriate for use or available in other locations.]

We seek to make our Website as accessible as possible. If you have any difficulties using our Website, please contact us using the contact details given above.

 

4.     Changes to our Website and these Website Terms of Use

We amend these Website Terms of Use from time to time. Every time you wish to use our Website, please check these Website Terms of Use to ensure you understand which terms and conditions apply at that time.

We may update and change our Website from time to time to reflect changes to our [products and] services, our users’ needs, and our business priorities.

 

5.     Suspension or withdrawal of our Website

We do not guarantee that our Website, or any content on our Website, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these Website Terms of Use and the Additional Terms, and that they comply with them.

 

6.     We may transfer our agreement with you to someone else

We may transfer our rights and obligations under these Website Terms of Use 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 these Website Terms of Use.

 

7.     Signing up for an account and using our Website

When you register an account on any of our Website, you will be required to provide us with some information about yourself (such as your [name, email address, residential address, phone number, and date of birth). You agree to provide accurate and up-to-date information to us at all times. See How we may use your personal information below for more information on what personal information we will collect from you and how we will use it. 

Any account that you register with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to revalidate your account if we believe that you have been using an invalid email address. We reserve the right, at our sole discretion, to refuse the registration of any account or to cancel any account at any time.

You agree that you will not:

  • create an account for anyone other than yourself;

  • create a username with the intent to impersonate another person; or

  • create an account that is subject to any rights of a person other than you without appropriate authorisation.

By using our Website and/or registering for an account via our Website, you confirm that:

  • you have not previously been suspended or removed from any of our Website;

  • your registration and your use of our Website are in compliance with all applicable laws and regulations; and

  • you will not create more than one account.

 

8.     Keeping your account secure

If you choose, or you are provided with, a user identification code, password, private key, or any other piece of information as part of our security procedures, you must treat such information as confidential. and not disclose it to anyone else. You are solely responsible for maintaining the confidentiality of your account and your account password, and you accept responsibility for all activities that occur under your account.

You may not share your account password with others, nor use your account to make purchases on someone else’s behalf. We accept no responsibility for any liability that arises in connection with the theft of your account details (including password) by any unauthorised third parties. We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time if we believe you have failed to comply with any of these Website Terms of Use.

You should use particular caution when accessing your account from a device which is public or shared or belongs to someone else so that others are not able to view or record your password or other personal information.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details given above.

 

9.     Using material on our Website

We are the owner or the authorised licensee of the intellectual property rights in our Website, and in the material published on our Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website solely for your own personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, 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 content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, or download any part of our Website in breach of these Website Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

10.  Additional conditions of using our Website

When using our Website, you must not do or attempt to do any of the following:

  • infringe our intellectual property rights or those of any other person, including (but not limited to) by copying, reproducing, distributing, republishing, downloading, displaying, posting or transmitting in any form or by any means any content of our Website (or our brand names, imagery, or logos) except as permitted under these Website Terms of Use, the Additional Terms, and any other applicable terms agreed between you and us;

  • access our Website in such a way as to (or commit any act that would or does) impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with our Website’s functionality, efficiency, or operation;

  • execute any form of network monitoring which will intercept data not intended for you;

  • engage in any unlawful or criminal activity in connection with the use of our Website;

  • use our Website for any purpose or in any way that is unlawful under applicable law or is prevented by any of our Website Terms of Use or the Additional Terms;

  • harass, threaten, demean, stalk, defraud, deceive, embarrass, or otherwise harm any other user of our Website;

  • infringe or misappropriate (or encourage others to infringe or misappropriate) any right of a third party, including any third-party intellectual property right;

  • interfere with security-related features of our Website, including (but not limited to) by: (i) disabling or circumventing features preventing or limiting the use or copying of any content; (ii) reverse-engineering or otherwise attempting to discover our Website’ source code; or (iii) attempting to circumvent password or other authorisation methods;

  • copy, modify, reverse-engineer, decompile or disassemble, or otherwise tamper with, our Website software (whether in whole or in part) or create any derivative works from or of our Website software (and you must not authorise, encourage, or assist any other person to do so);

  • interfere with the operation of our Website or our services or products or any user’s enjoyment of them, including (but not limited to) by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of our Website; (iii) collecting personal information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to make our Website available;

  • perform any fraudulent activity, including (but not limited to): (i) impersonating any person or entity; (ii) accessing any other user’s account without permission; and (iii) falsifying your personal details;

  • sell or otherwise transfer access to your account to another person;

  • simulate communications from us in order to collect identity information, authentication credentials, or other information from other people;

  • use proxy Internet Protocol (IP) addresses in order to attempt to hide the use of multiple accounts, or pretend to be located in a country different from where you actually reside;

  • misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;

  • attempt to gain unauthorised access to our Website, the server on which our Website are stored, any server, computer, or database connected to our Website;

  • attack our Website via a Denial-of-Service (DoS) attack or a distributed DoS attack; or

  • conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

This clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

If you breach any of the above conditions, your right to access and use our Website will cease immediately. We may, where appropriate, report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

[This Website, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in [the United Kingdom]. By continuing to access, view or make use of our Website [and any related content and services], you hereby warrant and represent to us that you are located in the United Kingdom. If you are not located the United Kingdom, you must immediately discontinue use of this Website [and any related content and services].]

 

11.  Do not rely on information on our Website

The content on our Website is provided for general information only and to inform you about us and our [products and] services. It is not intended to amount to advice on which you should rely. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.

 

12.  We are not responsible for third-party websites we link to

Where our Website contain links to other websites 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 third-party websites or information you may obtain from them. We have no control over the contents of those third-party websites or resources.

 

13.  Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology to access our Website. You should use your own virus-protection software.

  • 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 and for fraud or fraudulent misrepresentation.

  • Different limitations and exclusions of liability will apply to liability arising as a result of our supply of any products to you, as set out in our Terms of Sale.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We 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:

  • use of, or inability to use, our Website; or

  • use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that our Website is provided only for your domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

[If defective digital content that 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 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.

 

14.  How we may use your personal information

Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information, and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

 

15.  Rules about linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to any of our Website in any website that is not owned by you.

None of our Website may be framed on any other website, nor may you create a link to any part of our Website other than the home page(s).

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact us using the details given above.

 

16.  Which laws apply in the event of a dispute

If you are a consumer, please note that these Website Terms of Use, their subject matter, and their formation, are governed by the laws of England and Wales, and you agree to the non-exclusive jurisdiction of the English courts.

If you are a business, please note that these Website Terms of Use, their subject matter, and their formation, are governed by the laws of England and Wales, and you agree to the exclusive jurisdiction of the English courts.

 

17.  Our trade marks are registered

“WYZE PAY” and “Wyze Pay” are UK registered trade marks of Wyze Pay Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under Using material on our Website.

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