Taptap Send User Agreement

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Last updated: May 14, 2018

1.     OVERVIEW

1.1. These terms and conditions ("Agreement") govern the terms under which you may use “Taptap SendTM” to make non-recurring international remittances to any eligible Recipient (the "Service"). By accessing, registering with and using the Service, you agree to be bound by the Agreement. If you do not wish to be bound by the Agreement, do not access, register with or use the Service. The language of this Agreement is English and all Services, instructions and transactions carried out in connection with it shall be in English.

1.2. In this Agreement, the terms "Segovia", "we", "us", and "our" refer to Segovia Technology UK Limited, together with its employees, directors, affiliates, successors, and assigns. Segovia is a company registered number 10416468 in England and Wales, with its registered office at 41 Corsham Street, London N1 6DR. Segovia is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 with Firm Reference Number 900842 for the provision of e-money and payment services.

1.3. The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.

1.4. This Agreement is effective from the date on which you first access, register or use the Service and will continue until terminated by us or you (in accordance with clause 13). The Agreement may change from time to time (in accordance with clause 12), but changes will only be effective from the date notified to you and will not change the terms on which you previously used the Service.

2.     DEFINITIONS

App” means Segovia’s mobile application for the sending of Payment Instructions.

"Destination Country" means the country in which the Recipient receives money through the Service.

"Payment Instrument" means a valid instrument of payment used to initiate a payment order such as a debit card.

Payment Instruction” means a specific instruction from you requesting us to  effect a Transaction.

"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Recipient’s account exclusive of the Service Fee.

Recipient” means someone who receives money pursuant to a Payment Instruction sent through the Service. Recipients receive money through their account(s) with Segovia’s Service Providers.

"Sender" means someone who uses the Service to send money.

"Service Fee" means Segovia’s fee plus any additional charges applicable to each Transaction, which Segovia may charge in its sole discretion in accordance with applicable laws.

"Service Provider" means a local bank, mobile network operator, or other third party service providers in the Destination Country with whom Segovia works to provide the Service. Recipients’ accounts are provided by the Service Provider.

"Transaction" means the transfer of money through the Service.

Transaction Amount" means the amount of money that the Sender wishes to send to the Recipient as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.

Transaction History” means the record of your Transactions on our App which you may access using your email and password registration details.

3.     USING THE SERVICE

3.1. The Service is an electronic money product that you can use to make non-recurring international remittances to Recipients holding accounts at selected Service Providers in Destination Countries.

3.2. By entering into this Agreement you are also agreeing to the Terms and Conditions applicable to the Taptap Send App.

3.3. Once you’ve registered for an account on our App, you can:

          3.3.1. make Payment Instructions; and

          3.3.2. view your Transaction information, including current and previous payments.

3.4. You must use a valid Payment Instrument to load funds onto your e-money balance to make payments through the Service.  We currently only accept payments from a debit card in your name.

3.5. You can effect a Transaction (and otherwise manage your account) by logging into the App with your username and password.

           3.5.1. You can submit a Payment Instruction from within the App by entering or selecting the Transaction Amount and associated information, then clicking “Send” on the confirmation page. 

           3.5.2. We'll then immediately effect the Transaction to send the Transaction Amount to the Recipient, which means that you won't be able to cancel a Transaction once we’ve received the Payment Instruction.

           3.5.3. For security reasons, we may require you to re-enter your password to finalise your Payment Instructions or otherwise access certain functions on your account.

3.6. Each Payment Instruction constitutes a new request to Segovia to perform the transaction on your behalf. When you initiate a payment, we will ask you to confirm the Payment Instruction before it is executed. Your confirmation authorizes us to charge your Payment Instrument for the appropriate amount and provides consent for us to do so.

3.7. When you initiate a payment, we will notify you of the Service Fee to be charged (if any) and the applicable FX Rate you will receive. If we charge a Service Fee, it may vary based on the type of transaction you are attempting. The applicable Service Fee and FX Rate will be presented to you in the App before you confirm the transaction.

3.8. You may choose to participate in our Referral Program. If you participate in our Referral Program, you agree to be bound by the Referral Program Terms and Conditions, which can be found at https://www.taptapsend.com/referrals-terms

4.     OUR OBLIGATIONS

4.1. Subject to this Agreement, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

4.2. We are not obliged to process any particular Transaction. When you submit a Payment Instruction, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction (in accordance with clause 6).

4.3. We will ask you for information when you are registering for the Service, and may also ask you for information at other times, to fulfill our legal requirements. You must provide us with accurate and complete information in response. Please consult our Privacy Policy for details on how we collect, use and store this information.

4.4. Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.

4.5. We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to system outages within our Service Providers; or otherwise to comply with applicable law.

4.6. We may send and receive notifications in relation to Transactions by email, SMS, and notifications via the App. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Payment Instruction, any Service Fees we may charge, the amount received in foreign currency, and the date on which the Payment Instruction was received.

4.7.  We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our website or App.

5.     YOUR OBLIGATIONS

5.1. You agree that:

        5.1.1.  you will not access, use or attempt to use the Service to provide any Payment Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

        5.1.2. for each Payment Instruction that you submit, we may charge a Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in this Agreement. If you submit a Payment Instruction that results in Segovia becoming liable for charges including  but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

        5.1.3. in connection with your registration and use of the Service, you will:

5.2. You must make every effort to keep your account details safe and prevent unauthorised access by:

          5.2.1. changing your password regularly and ensure that it isn’t reused across other online accounts;

          5.2.2. contact us (at the details below) if anyone asks you for your password;

          5.2.3. set up 2-step authentication where prompted; and

          5.2.4. keep your e-mail account secure. Let us know immediately if your email address becomes  compromised.

5.3.  Contact us if you suspect your account has been compromised. If you suspect your account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact us (using the details below) immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your account and also result in you being responsible for financial losses.

5.4. You must not share your username and password with anyone else, except for a firm holding a licence with the FCA (or any equivalent regulator) to provide either or both an “account information service” or a “payment initiation service”, as defined in the PSRs 2017.

5.5. We do not accept any liability for loss or damages to you or any third party resulting from nonpayment or delay in payment of a Payout Amount to a Recipient or failure to perform an Instruction under the Service if you are in breach of your obligations listed in this clause 5, or if the foregoing nonpayment, delay or failure is caused by a Service Provider.

5.6. When you are using the Service under this Agreement, it is your responsibility to make sure all the details are accurate before submission. You will be given the opportunity to confirm Payment Instructions before submission and you must check the details carefully.

5.7. The total amount that you will be required to pay and the relevant exchange rate will be displayed clearly on the App before you are asked to confirm your Payment Instruction. Proceeding with the Transaction at this point is entirely optional.

5.8. When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there may be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Segovia may make a small profit in these circumstances. We guarantee you the Payout Amount in local currency, deposited into the Recipient’s account with the Service Provider. We will show you the applicable exchange rate offered by us for your Transaction, at which point you may choose to proceed with the Transaction.

5.9. Others might impose taxes, fees or charges on you, e.g. for use of a particular Payment Instrument to fund a Transaction. These may include, but are not limited to, unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account (others might impose taxes or costs on you.  For example, the issuer of your chosen Payment Instrument might charge you a fee when you pay us).

5.10. Both you and the Recipient will only act on your own behalf. You may not submit a Payment Instruction on behalf of someone else.

5.11. In using the Service you will comply with this Agreement as well as any applicable laws, rules or regulations. It is a breach of this Agreement to use the Service to send Transaction Amounts in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations.

5.12. When using the Service or when interacting with Segovia, with another user or with a third party (in relation to the Service), you will not:

             5.12.1. breach this Agreement, or any other agreement between you and Segovia;

             5.12.2. create more than one registration without our prior written permission;

             5.12.3. provide false, inaccurate, or misleading information; or

             5.12.4. refuse to provide confirmation of any information you provide to us, including proof of identity, or  refuse to co-operate in any investigation;

5.13. If you think someone may be using your account without your permission, you must notify us immediately by contacting us via the means listed in the Contact section.

6.     OUR RIGHT TO REFUSE, SUSPEND OR CANCEL

6.1. You agree that we may apply limits to the amount you are able to send through, or store on, your account. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.

6.2. We may refuse any Payment Instruction or Transaction if we believe that:

           6.2.1. the transaction would put you over any transaction limit we introduce;

           6.2.2. the transaction would violate this Agreement;

           6.2.3. someone else is trying to make the transaction without your permission; or

           6.2.4. you may be acting illegally or it would be against the law for us to allow the transaction.

6.3.  We may suspend use of your account if we believe that:

           6.3.1. someone else may be trying to use it without your permission; or

           6.3.2. we are required to do so by law.

6.4. In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to a Transaction.

6.5. We will generally inform you before or immediately after the rejection, suspension or cancellation of your Payment Instruction or account, and will provide our reasons for doing so. However, we will not provide reasons or any information if doing so would violate the law or compromise our security measures.

7.     YOUR RIGHT TO CANCEL; REFUNDS

7.1. To the extent permitted by law, once we have received your Payment Instruction, we will effect the Transaction immediately and you do not have the automatic right to revoke it (or change the details of the Payment Instruction).

7.2. You can request a refund of a Transaction within thirteen (13) months of the Transaction occurring if:

           7.2.1. someone has made the transaction from your account without your permission; or

           7.2.2. we fail to send a payment on time to the right Recipient account and for the right amount, as indicated on your confirmed Payment Instruction

7.3. We will also refund a transaction if required by law, or if the issuer of your Payment Instrument requires it.

7.4. However, we may refuse your request for a refund if we can show that:

          7.4.1. you have acted fraudulently;

          7.4.2. you intentionally or with gross negligence did not take all reasonable steps to keep your account password secret;

           7.4.3. you are asking for a refund of a Transaction that took place before you told us that your account was being misused;

            7.4.4. the Recipient received the money into his or her account at the Service Provider; or

            7.4.5. there was a mistake in the Recipient’s account details which you gave us.

7.5. If you wish to request a refund, you should do so immediately, and in any event no later than thirteen (13) months after the Transaction occurred. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of this Agreement, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

7.6. If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

7.7. Any refunds will be credited back by default to the Payment Instrument used to fund the Transaction, in the same currency used to fund the Transaction. If you wish to have your refund credited to you as an e-money balance for future transactions, please contact us at the email provided in the Contact Information section.

8.     COLLECTION AND USE OF INFORMATION

8.1. Customer Identification Program. We may require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

8.2. Verification and Checks. We may verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. By accepting this Agreement you authorise us to make any inquiries we consider necessary to validate the information that you provide to us.

8.3. Data Processing and Transmission. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data to enable us and our authorised third parties to communicate with you, and for statutory, accounting and archival purposes, in accordance with the terms of Segovia's Privacy Policy. You also consent to us transmitting your name, address, and date of birth along with your Payment Instruction to our Service Providers outside the European Economic Area, as we are required to do so by law. Full details are provided in the Privacy Policy.

8.4. Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to government or other competent authorities as described in our Privacy Policy. You acknowledge and consent to us doing this.

8.5. Segovia may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Payment Instruction.

9.     INTELLECTUAL PROPERTY

9.1. The App and the Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Segovia website and the Service shall remain our property and/or the property of such other third parties.

9.2. The App and the Service may be used only for the purposes permitted by this Agreement or described on the website. You are authorised solely to view and to retain a copy of the pages of the Segovia App for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Segovia website, App, Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the App or the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Segovia website (or printed pages of the website). The name “Taptap Send”, “Segovia” and other names and indicia of ownership of Segovia's products and/or services referred to on the Segovia website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.

10.  ELECTRONIC COMMUNICATIONS

10.1.  You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

             10.1.1. this Agreement and any amendments, modifications or supplements to it;

             10.1.2. your Transaction History through the Service;

             10.1.3. any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;

             10.1.4. any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and

             10.1.5. any other communication related to the Service or Segovia.

10.2. The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Agreement.

10.3. Copy of Agreement: This Agreement is available for you to review at any time via the App. We will email a copy of these terms to you when you first create your account. You can also ask us to email you a copy of these terms (including any modifications) at any time.

10.4. Transaction History: Each month, we will email you at the email address associated with your account, notifying you that your monthly Transaction History is ready for viewing via the App. You may download the Transaction History from the App for your own records.

10.5. Account Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.

11.  WARRANTIES AND LIABILITY

11.1. Where we have materially breached this Agreement causing a loss to you, we will refund you the Transaction Amount and any Service Fee charged. Any claim for compensation made by you must be supported by any available relevant documentation.

11.2. If any loss that you suffer is not covered by a right to payment under clause 7, we expressly limit our liability for that loss to the greater of: (a) the amount of any service charge that was paid to us; and (b) €500. This liability cap applies to any single transaction, act, omission or event and to any number of related transactions, acts, and omissions or events.

11.3. We do not, in any event, accept responsibility for damages as a result of:

            11.3.1. any failure to perform the Service as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances outside our reasonable control, which may for example include delays or failures caused by problems with another system or network (including those of our Service Providers), mechanical breakdown or data-processing failures; or

             11.3.2. us meeting our obligations under any applicable laws, rules or regulations; or

             11.3.3. errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

11.4. Notwithstanding anything in this Agreement to the contrary, Segovia shall not be liable under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by Segovia, regardless of whether or not Segovia has foreseen, or could have foreseen, or has been advised of, the possibility of such damages.

11.5. Your relationship is with Segovia only. You agree that no affiliate or agent of Segovia owes you any duty of care when performing a task which would otherwise have to be performed by Segovia under its agreement with you.

12.  MODIFICATIONS

12.1. We can make a change to this agreement for any of the following reasons:

            12.1.1. because of a change in legal or regulatory requirements;

            12.1.2. if the change benefits you;

            12.1.3. to reflect a change in our costs of providing you with the Service;

            12.1.4. in response to possible risks to the security of your account; or

            12.1.5. to respond to any other change that affects us, if it is fair to pass on the effects of the change to you.

12.2. We may make reasonable and proportionate changes for any other reason we cannot foresee, for example to respond to changes in our industry that affect how we wish to deliver our Service to you.

12.3. We will tell you about a change to this Agreement at least two (2) months before it takes effect. You may object to the change before it takes effect, which will end the Agreement. If you do not object to the change, we will take that as your acceptance of the change.

12.4. You will be notified of any upcoming changes to this Agreement via announcements in the App.

13.  TERMINATION

13.1. This Agreement will continue until either Party terminates the Agreement.

13.2. You can terminate this Agreement at any time free of charge, by closing your account in via the App.

13.3. Segovia can terminate this Agreement and close your account at any time, with two (2) months’ notice.

13.4. Segovia can terminate this Agreement and close your account without prior notice if:

           13.4.1. we reasonably believe you are using your account fraudulently or illegally; or

           13.4.2. we have to do so by law.

13.5. Segovia will inform you of a termination as soon as it can, if the law allows Segovia to do so.

13.6. In the event of termination, Segovia will withdraw all balances in your account to your saved Payment Instrument. Segovia will cease processing any further Payment Instructions upon receipt of the notice of termination, but will continue processing Payment Instructions that were submitted and are still pending prior to such receipt. Your payment obligations to Segovia will survive the termination of this Agreement.

14.  COMPLAINTS/COMPENSATION

14.1. If you have a complaint related to your Account, please email us at support@taptapsend.com.

14.2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within 15 days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within 15 days of receiving your complaint to let you know when you will receive our final response. The final response will be no later than 35 days from the date on which we first received your complaint.

14.3. If you do not receive our final response on time, or you are unhappy with our final response, you may be entitled to refer your complaint to the Financial Ombudsman Service, details of which are available at http://www.financialombudsman.org.uk/consumer/complaints.htm. You can also call them on 0800 023 4567 or tell them about a complaint online (via https://help.financial-ombudsman.org.uk/help). Please note that the ombudsman may not consider a complaint if you have not provided us with the opportunity to resolve it previously.

14.4. Alternatively, you may be able to submit your complaint via the European Commission's Online Dispute Resolution platform, which can be found at http://ec.europa.eu/consumers/odr/.

14.5. Your account does not qualify for protection under the UK Financial Services Compensation Scheme (FSCS). 

15.  GENERAL

15.1. Governing Law. This Agreement is governed by English law. Any dispute between you and us in connection with the Service and/or this Agreement may be brought in the courts of England and Wales.

15.2. No Third Party Rights.  This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 (or any other equivalent legislation) to enforce any term of this Agreement.

15.3. Waiver. No waiver of any provision hereof will be effective unless made in writing and signed by the waiving Party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach of this Agreement.

15.4. No Assignment.  You may not transfer any of your rights or obligations under this Agreement.

15.5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, agreements, or representations by or between the Parties, or any of them, written or oral, with respect to the subject matter of this Agreement.

15.6. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired in any way, and you agree to accept a replacement of such invalid, illegal and unenforceable provision with a valid, legal and enforceable provision that achieves, to the greatest lawful extent under this Agreement, the economic, business and other purposes of such invalid, illegal or unenforceable provision.

Contact Information

The best way to contact us for any issue is to email support@taptapsend.com. You may also call us at 0808 168 7707.