Terms of Service - Consumers
1. Introduction
1.1 SSV Smartpay Limited (SSV) is a company incorporated and registered in England and Wales with company number 15424021, whose registered office is Level 18, 40 Bank Street, Canary Wharf, London E14 5NR, UK. SSV is a payment technology company. SSV is not an authorised Payment Initiation Services Provider (PISP). Payment initiation services are provided by Yapily Connect Ltd, a company incorporated and registered in England and Wales with company number 11598433 and its registered office at 2 Westland Place, London N1 7LP, UK, authorised and regulated by the Financial Conduct Authority with reference number 827001 (Yapily).
1.2 These Terms of Service apply to your use of the Services and the SSV Platform and set out your legal rights and responsibilities; SSV’s legal rights and responsibilities; and certain key information required by law when you use the Services and the SSV Platform.
1.3 Please read these Terms of Service carefully and retain a copy for your records. The then current version of these Terms of Service is viewable via the SSV Platform.
1.4 In addition to the Terms of Service the following terms apply to your use of the Services and the SSV Platform:
· SSV Consumer App Privacy Policy.
1.5 The information, content and material displayed on the SSV Platform and through the Services is provided for information only. SSV does not provide financial or professional advice. It is your decision whether or not to effect a Transaction through use of the SSV Platform and through the Services.
2. Interpretation
In these Terms of Service the words below have the meaning set out against them:
Account means a registered account with SSV that you may access via the SSV Consumer App to use the Services and the SSV Platform.
Consumer means an individual that uses the Services to initiate Transactions for purposes wholly or mainly outside of a trade, business, craft or profession.
Merchant means an individual or business that use the Services to effect Transactions wholly or mainly for use in connection with its trade, business, craft or profession.
QR Code means a Quick Response Code provided by SSV to enable Consumers to effect Transactions.
Services means the services provided by SSV via the SSV Platform using open banking to enable Consumers to initiate payments from a chosen bank account directly into a Merchant’s or Consumer's nominated bank account.
SSV Consumer App means the SSV mobile application which you may download and use to connect your bank account in order to access the SSV Platform and to initiate Transactions.
SSV Platform means QR codes or SSV’s website ( https://ssvsmartpay.co/ ) accessed via the URL or via any web browser or the SSV Consumer App.
Transaction means a transaction between a Consumer and a Merchant or other Consumer on the SSV Platform which initiates a payment.
you (and any derivation, such as your) means any user of the SSV Platform.
3. Contact Information
3.1 You can contact SSV for support in respect of your use of the Services and the SSV Platform by email at info@ssvsmartpay.co.
3.2 SSV can contact you via email or in any other way that is personal to you and which you choose to be contacted, by indicating your preference in the SSV Consumer App. This may include SMS, push notifications, website notices or any other appropriate messaging service.
3.3 You must inform SSV promptly if your name or contact details change, including any email addresses, mobile phone numbers or other contact details.
3.4 When using the SSV Platform and Services you must ensure that all access details and information for your use of the SSV Platform and Services are kept confidential. You should not share any passwords with any third parties.
4. Changes to these Terms of Service
4.1 SSV may amend these Terms of Service from time to time without providing notice to you in order to:
· reflect changes in laws and regulatory requirements which apply to the SSV Platform and Services; or
· address an unforeseen and imminent danger related to defending SSV, Consumers or Merchants from fraud, malware, spam, data breaches or other cybersecurity risks.
4.2 SSV will notify you in advance of other changes to the Terms of Service.
4.3 You should check the Terms of Service regularly to stay informed of any changes that may affect you. You will need to accept the changes to the updated Terms of Service in order to continue to use the SSV Platform and Services. You do not have to accept any changes but you will not be able to use the SSV Platform and Services further in such event, and SSV will close your Account.
5. Accounts
5.1 Consumers must be 18 or over to register an Account. In order to complete the Account registration process for the SSV Consumer App, Consumers must download the SSV Consumer App and register by providing their phone number and must verify their phone number via a one-time password. Once a Consumer has provided their phone number, they must provide SSV with: (i) their full name; (ii) date of birth; (iii) full address, including postcode; (iv) a photograph of their valid passport or driving licence; (v) any identification documents SSV may request; and (vi) a valid email address (Registration Information). Consumers must provide accurate and up to date Registration Information.
5.2 Once a Consumer has provided the Registration Information, they will be asked in the SSV Consumer App to connect their bank account so that they can use their Account to send and receive payments. SSV connects the Consumer's bank accounts by triggering an AIS API call with the Consumer's banking app using Yapily’s open banking licence.
5.3 Consumers must, on request, provide such additional information and supporting documentation regarding their activities and identity as SSV may reasonably determine to ensure compliance with applicable laws and regulations.
6. Using the SSV Platform
6.1 Consumers must be 18 or over and reside in the United Kingdom to use the SSV Platform.
6.2 In accordance with the Terms of Use, you may use the Services available through the SSV Platform to initiate payments to Merchants. In order to make a payment using a QR Code, you must scan the QR Code using your phone camera, which will prompt a web browser to open on your phone. At this point, you must enter the amount you wish to pay into the web browser and select your bank. Upon selecting your bank, you will be redirected to your banking app to approve the payment. Once you approve the payment, you will be redirected to the web browser where a success notification and e-receipt will be displayed.
6.3 In addition to payments through a QR Code, you may:
· make payments within the SSV Consumer App by selecting an SSV Platform user in your payment list and entering the payment amount, which will automatically redirect you to your banking app to approve the payment. Once you approve the payment, you should return to the SSV Consumer App where a success notification and e-receipt will be displayed;
· request payments within the SSV Consumer App, by selecting an SSV Platform user in your payment list and entering the requested payment amount. This request will be sent to the relevant SSV Platform user, who will receive a notification via their SSV Consumer App, informing them that a payment is due; and
· make and receives payments to and from non-registered and anonymous users within the SSV Consumer App.
6.4 You should exercise caution when paying new recipients and should only make payments to known merchants or individuals you are familiar with. You should use your own judgment and seek professional advice if appropriate. If you think that a Transaction may have been incorrect, unauthorised, or not properly executed (perhaps due to delay or other error), then you must contact SSV as soon as possible so that it can investigate.
6.5 By approving a payment you agree that SSV has no liability in situations where you send funds to the wrong person or in the event of non-delivery by the Merchant of the relevant product or services ordered using the Services.
6.6 When you make a payment via the SSV Platform, SSV may store your bank details in order to facilitate refunds.
6.7 Transactions may take up to 48 hours to clear, not including weekends or bank holidays.
7. Refunds
Merchants are responsible for refunds. You must contact the relevant Merchant should you wish to obtain a refund of sums paid in a Transaction. To initiate a refund, you may be required to must provide the Merchant with your account number and sort code.
8. Personal Data
8.1 SSV is the processor for any personal data processed to facilitate a Transaction. The Merchant is the controller for that data and is responsible for any disclosure or misuse of personal data. You should check the Merchant's Privacy Policy when effecting a Transaction.
8.2 Any payment facilitated by SSV is paid by you to the Merchant or third parties via Yapily acting as PISP. For details of how Yapily may use your personal data, you should refer to their Privacy Policy as may be available on their website. Unless a Merchant is acting in accordance with SSV’s instructions, you acknowledge SSV will not be held responsible for any disclosure or misuse of personal data by a Merchant.
8.3 How SSV processes personal data received from you as controller is set out in the Privacy and Cookies Policy and SSV Consumer App Privacy Policy.
9. Intellectual Property Rights
9.1 The materials and content comprising the SSV Platform and Services belong to SSV or its third-party licensors and you agree that you have no rights in the SSV Platform or Services, other than the right to use and access the SSV Platform and Services in accordance with these Terms of Service (and the other terms referenced above).
9.2 You may use and access the SSV Platform for the purposes set out in these Terms of Service. Unless expressly permitted by SSV, you agree:
· not to copy, or attempt to copy the SSV Platform;
· not to change, edit, modify or attempt to change, edit or modify the SSV Platform in any way; and
· not to seek to access the underlying code of the SSV Platform that SSV has not expressly published publicly for general use.
10. Access/Availability
10.1 SSV does not guarantee that the SSV Platform and Services will be available at all times and in particular the SSV Platform and Services may be unavailable or slow due to SSV carrying out repairs, updates and maintenance on SSV’s systems. SSV is not responsible for any loss or additional costs you may suffer as a result.
10.2 SSV is not responsible for events that are beyond SSV’s reasonable control, including government regulations, outages or disruptions of the internet and telecommunications infrastructure. Such events may cause interruptions in the availability of or the speed of the SSV Platform and Services.
11. Liability
11.1 SSV will be responsible for any loss or damage you suffer if it is a predictable outcome of SSV breaching these Terms of Service, or if we fail to protect your information and keep it secure as required by relevant law(s). SSV will also be responsible for any liability that it cannot limit or exclude under applicable law.
11.2 SSV is not a PISP and it is not a party to the Transactions that take place between you and Merchants and is therefore not liable to you in respect of any Transactions, including for the failure of a Merchant to provide the goods or services ordered by you pursuant to a Transaction or the quality or standards of such goods or services. SSV does not handle any funds that are sent between you and Merchants.
11.3 Subject to clause 11.1, SSV’s total liability to you for all damages, losses or causes of action arising, by reason of or in connection with your use of the SSV Platform and Services, and/or SSV’s breach of these Terms of Service will be limited to £1,000.
12. Termination
12.1 The contract between SSV and you in respect of your use of the SSV Platform and Services will begin on the date you accept these Terms of Service and will continue until terminated by SSV or you as provided in this clause.
12.2 You can end the contract, and thereby your use of the SSV Platform and Services, at any time without explanation or charge by contacting SSV at info@ssvsmartpay.co.
12.3 SSV may terminate the contract, and thereby your use of the SSV Platform and Services by notice to you:
· where you have seriously or repeatedly broken any provision of the Terms of Service, or if you attempt or threaten to break any provision of the same;
· where SSV decides to discontinue the SSV Platform and/or Service; or
· by 14 days’ notice at any time at its discretion and without reason, for example where you have not used your Account for a prolonged period.
12.4 Upon termination of your use of the SSV Platform and Services SSV will cease providing you with the Services and, whilst you will still be able to access the SSV Consumer App to view historic Transactions, you will no longer be able to initiate or receive payments via the SSV Platform or the SSV Consumer App.
12.5 All provisions of these Terms of Service which by their nature survive termination shall survive termination.
13. General
13.1 All information and correspondence will be in English.
13.2 If SSV chooses not to enforce or rely on any of these Terms of Service at any time, it can still apply the terms again at any time. If you breach these Terms of Service and SSV takes no action, it will still be entitled to exercise its rights and remedies in any other situation where you breach these Terms of Service.
13.3 You may not enter into any contract on SSV’s behalf or bind SSV in any way. These Terms of Service are for your benefit only, not for the benefit of any third party.
13.4 These Terms of Service and any document referred to in them constitute the entire agreement between you and SSV relating to your use of the SSV Platform and Services and supersede all prior understandings and agreements between you and SSV.
13.5 If any provision of these Terms of Service is or becomes invalid, unlawful or unenforceable, that part of the Terms of Service will be deemed deleted and of no effect between you and SSV. However, the rest of these Terms of Service will continue to be valid and enforceable to the fullest extent permitted by law.
13.6 SSV can transfer the contract with you by notice to you. You can terminate the contract with SSV in such event by written notice. You cannot transfer the contract to a third party without SSV’s prior consent.
13.7 If you have a suggestion for how SSV can improve the SSV Platform or Services, or you have a complaint you should contact SSV at info@ssvsmartpay.co.
14. Governing law and jurisdiction
14.1 These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales.
14.2 If there is a dispute you can bring claims against SSV in the English courts wherever you live. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against SSV in the courts of the country you live in. SSV can claim against you in the courts of the country you live in.