Terms and Conditions
By installing or using the Flypay application (the "Application") or accessing or using any Flypay website (“Website”), you are indicating your agreement to these terms and conditions ("Terms"), which are legally binding and govern your use of the Application and the Website. If you do not agree to these Terms or are unable to comply with them, you should not install, access or use the Application or the Website.
These Terms also apply to any updates to the Application or the Website, unless the updates come with separate terms, in which case those terms apply.
You must be over 18 in order to use the Application and the Website.
These Terms are only available in the English language. You should print a copy of these Terms for your future reference.
These terms are version 1.1 were last updated on 26th January 2016.
1. Who are we?
Flypay Limited of 4th Floor, 7-10 Chandos Street, London W1G 9DQ, is a company registered in England and Wales with company number 08419148.
You can contact us using the contact details set out at paragraph 2d below. Summary of Terms
2. Summary of Terms
a. Flypay services and use of your data
The Application and the Website aim to facilitate a series of customer experiences within the hospitality industry, including online ordering of takeaway food and the payment of your bill and the ordering of food and drinks in participating restaurants, pubs, bars and other hospitality venues. In order for you to register with Flypay, we collect your phone number, and then either your email address and date of birth or your Facebook login (from which we will obtain these details and your gender). For security purposes, you must also set a four digit passcode. In order to pay the venue, you must input payment card details which are processed and stored by a third party payment provider, Adyen or Verifone. We will send you a push notification via the Application or provide a payment confirmation page via the Website to indicate your payment has been successful and your receipt will be sent by email.
b. Your rights and obligations
You may install and use a copy of the Application on your iPhone or Android mobile device. You may not further copy, modify or reverse engineer the Application or use it in any unlawful or unauthorised manner. You must not attempt to gain unauthorised access to our or our service providers' equipment, systems or networks nor take any action which may inhibit their operation.
You must provide accurate and complete registration information when signing up to the Application or Website, and must have authority to use the payment card details which you provide.
We do not charge for use of the Application or the Website, but you are responsible for making all arrangements and payment necessary for you to access our services using the Application or Website.
c. Limitations on our liability
We may withdraw our services at any time. The Application and Website are not intended to be relied upon by you; whilst we use reasonable efforts to provide effective services, we cannot guarantee availability nor the accuracy or appropriateness of information, including your bill.
d. Contacting us
You may contact us at: firstname.lastname@example.org
3. Full Terms
- "Services" means the Flypay services and content which you may access through your use of the Application or the Website, including a series of customer experiences within the hospitality industry, such as the payment of your bill and the ordering of food and drinks in participating restaurants, pubs, bars and other hospitality venues and ordering takeaway food.
- Flypay is not responsible for the delivery or quality of the venue services or the amount of the bill, and Flypay cannot process any refunds. You should discuss any such issues directly with the venue.
b. Registration and eligibility
- The Services are not intended for users of under 13 years of age. We check your date of birth during the registration process and if you are under 13, you are not permitted to have a profile or to receive the Services.
- If you lose or replace your mobile device, you can login to the Services on a new mobile device or via the Website using your old phone number, and then change your passcode and (if required) your phone number within the Application or Website. Alternatively, please contact us at email@example.com to disable your live profile.
- We have the right to disable your passcode at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
c. Payment card details
- In order to pay a bill or order food using the Application or the Website, you will need to input credit or debit card details. You must have appropriate authority to use all card details which you provide using the Services.
- Payment processing services are provided by a third party, Adyen, Verifone or any other party we choose to partner with. The Application or Website will transfer payment details directly from Adyen, Verifone or another PCI compliant verified third party to the venue's point of sale system. By inputting payment card details, you are consenting to use of such details by Adyen, Verifone or other payment processing providers, the venue and us for the purpose of paying your bill and processing your payment.
- Your card details will be securely stored by Adyen, Verifone or other verified third party payment processing providers for ease of use in future transactions using the Application. However, your CSC/CVV number is not stored and must be entered each time you use a card for authentication. Flypay does not have access to your card details nor does it store your card details on its systems, although it holds a payment processing ‘token’ which retains some of the card number digits only. This enables you to identify the appropriate card in future transactions and on your payment receipt. You may remove payment card details from the Application or the Website at any time.
- Following bill payment, we shall email you a copy of your receipt.
- Payment or order transactions are between you and the relevant venue. Whilst the Services seek to facilitate the payment procedure, Flypay does not receive your payment and is not responsible for subsequent use of your card or payment details by or on behalf of the venue.
d. Your use of the Application, Website and Services
- We grant you a non-exclusive, non-transferable licence (i.e. permission) to install and use a copy of the Application on your iPhone or Android mobile device in the United Kingdom for the purpose of accessing and using the Services, in accordance with these Terms.
- You may not:
- sub-license, assign or transfer your rights or obligations under these Terms nor permit use of the Application by any other person; nor
- access and use the Services using any interface other than that provided by the Application.
- You acknowledge that the Application, Website and the content of the Services are protected by copyright, database rights, trade marks and other intellectual property rights belonging to us and our licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
- You may not use the Application, Website or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, may not:
- make any copy of the Application (other than the permitted copy on your mobile device and a single back-up copy to the extent necessary to exercise your rights under these Terms);
- modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Application, Website or any content or software element of the Services, unless you are permitted to do so under applicable law which cannot be excluded by contract;
- remove any copyright or proprietary notices on the Application, Website or the content of the Services;
- use, distribute or disclose confidential, personal or sensitive information within the content of the Application, Website or the Services without appropriate authority;
- export the Application or Website in breach of applicable export control or other laws relating to the export of technology and software; or
- make any unlawful or unauthorised use of our (or our service provider’s) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).
- Your use of the Application under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the Application (“App Store Terms”). You may download and install the Application only through authorised App Store Providers. In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that the relevant App Store Provider is a third party beneficiary under these Terms and will have the right to enforce these Terms against you directly.
- We and our service providers are responsible for any maintenance and support of the Application and you acknowledge that any App Store Provider from whom you download the Application is not under any obligation to you to carry out any maintenance and/or support for the Application itself. We are under no obligation to carry out maintenance and/or support of the Application or Website and do so entirely at our discretion.
- Your use of the Application, Website and the Services is entirely at your own risk.
e. Duration and termination
- These Terms will remain in effect as a legally binding agreement between us and you during the time that you use the Application, Website and/or the Services and/or have the Application installed on any device.
- You may request removal of your live profile at any time by sending an email to us at firstname.lastname@example.org.
- We may withdraw the Services, remove your live profile and associated content and/or terminate or suspend your access to the Services at any time at our absolute discretion, including (without limitation) if you breach or we reasonably suspect that you are in breach of these Terms, if we cease to offer (or change the way in which we offer) the Application, Website or the Services, or if we are prevented from providing the Application, Website and/or Services for any reason. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension.
- Following termination or suspension of your access to the Services for any reason, we may retain your profile and other records relating to you for record keeping, analysis and statistical purposes. Please see our privacy notice for further details of the personal data that we collect and how we use this data.
f. Extent of the Services
- Our Services are provided for your convenience, and are not intended to be relied upon by you. Whilst we use reasonable efforts to provide effective Services, we cannot guarantee availability of the Services at all times nor the accuracy or appropriateness of information. In particular, you should make your own checks on the accuracy of your bill and the amount you are paying.
- Inclusion of information or advertisements relating to venues or other third party goods or services offerings does not constitute any recommendation or endorsement by us of the relevant venue or such goods and services.
- Access to the Application and Website may be suspended temporarily and without notice:
- in the case of system failure;
- for maintenance or repair;
- where we reasonably suspect there has been a breach of these Terms; or
- for reasons outside of our control.
g. Facebook and other third party services
- For your convenience, the Services may include an interface to Facebook in order for you to register more quickly. We are not affiliated with Facebook and are not responsible for the operation or content of Facebook. You do not need to use Facebook to register. We will not post to your 'wall' or contact your 'friends'.
- Our Services may contain links to websites and services provided by third parties, and we are not responsible for the availability, accuracy or content of third party websites.
- We do not endorse the content or other material contained in any linked third party websites and services and have no association with their operators. Your use of any third party websites and services will be governed by their terms and conditions and privacy policies. It is your responsibility to read and ensure you have fully understood all such third party terms and policies.
h. Content provided by you
- You agree that you:
- have provided and will provide accurate and complete information in your registration, profile and payment card details, and will update such information as appropriate; and
- will not upload or transmit to our (or our service provider’s) systems or otherwise provide to us any unlawful content (including any content which is defamatory, obscene or abusive, or in breach of or an infringement of intellectual property or privacy rights, or any data protection or confidentiality obligations).
- Whilst we may not actively monitor any user content, you agree that we may, at our discretion and without liability to you, remove from the Application or Website any post or other content uploaded by you, including any content which is in breach of these Terms.
- To the extent permitted by law, we do not accept any liability or responsibility for any user content shared by any user or users of the Application or Website with any other user or users of the Application or Website.
- You should not rely on our Services for storage or maintenance of information and, in particular, you should create your own records of bills and receipts as needed. We may, at any time at our absolute discretion, review and remove any content from the Services or request that you re-register or set up a new profile for your continued use of the Application and Services.
i. Requirements for your mobile device
- Access to the Services relies on you being able to receive data over the internet via Wifi or mobile internet, using your mobile device and the Application. Whilst we do not make charges for your use of the Application or Website, you are responsible for making all arrangements and payments necessary for you to access the Services using the Application or Website, including internet and network connections, an appropriate iPhone or Android mobile device, and any additional software or hardware required. We are not responsible for the availability of the internet or any communications network nor any errors in or damage to connections, equipment or software that may occur in relation to your use of the Application, Website or Services.
- You may only download and install the Application onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the Application and Website, whether or not you own the device onto which the Application is downloaded and installed, or the device from which the Website is accessed. You also acknowledge that the owner(s) of the device onto which the Application is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the Application.
j. Limitations of liability
- We provide the Application and Website on an “as is” and “as available” basis. We make no guarantee that the Application or Website will be uninterrupted, error free, or free from viruses or other harmful components.
- While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Application or on the Website is accurate, complete or up-to-date.
- Nothing in these Terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.
- Except as may be expressly set out in these Terms, all conditions, representations and warranties relating to the Application, Website and the Services are excluded to the maximum extent permitted by law.
- We shall not be liable for any defects or errors in the Application, Website or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
- We shall not be liable for:
- any loss, damage or distress arising from reliance on information or reliance on availability of the Services;
- any loss of business, customers or profits; or
- any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), which you suffer in relation to these Terms, or your use of the Application, Website or the Services.
- As the Application, Website and Services are provided free of charge, you agree that all such exclusions of liability are reasonable.
- Without prejudice to other limitations on our liability as set out above, our total liability to you arising in relation to your use of the Application, Website and the Services in any 12 month period shall be limited to £500.
- We may make changes to the Services, the Application, the Website or these Terms at any time at our absolute discretion.
- Your continued access or use of the Application or Website after a change to these Terms signifies your acceptance of the updated or modified Terms. We may email registered users about any material changes to the Terms and we may notify you of a change to these Terms when you next start the Application or visit the Website. The new terms may be displayed on-screen via the Application or Website and you may be required to agree to them to continue your use of the Application or Website. The date these Terms were last updated appears at the top of these Terms.
- If reasonably requested by us from time to time (by means of a notice within the Services, on our website, within the relevant application store or otherwise), you agree to install and use an updated or upgraded version of the Application in place of your current version, or to uninstall the Application if we cease to offer it and the Services to the public. All upgrades will fall within the definition of "Application" under these Terms.
- Depending on the update or upgrade, you may not be able to use the Application until you have downloaded and installed the latest version of the Application and accepted any new terms. Some updates may not be available to certain models of device. In order to use the Application, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that:
- the device you use to access the Application or Website will require certain software in order for the Application or Website to work correctly and it is your responsibility to ensure that you have the required up-to-date software; and
- the Application and Website have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the Application or Website meets your requirements.
l. Privacy notice
- In particular, please note that we may collate data relating to your visit to a venue or takeaway order submitted to a venue from your use of the Application, Website and Services, from the venue's records and may combine your registration information, and gender from your Facebook profile (if provided). This data may be used for analysis and statistical purposes and we may share anonymised statistics and results of analysis with venues.
- If you have any concerns in relation to the way we are using your personal data, please contact us at email@example.com.
- All provisions of these Terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
- Termination of these Terms or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
- No provision of these Terms is intended to be enforceable by any person other than you and us.
- We may sub-contract provision of the Application, Website and the Services or sub-license our rights under these Terms to our third party service providers.
- We may, without your consent, assign any or all of our rights and obligations under these Terms to any successor in title of all or part of the Application, Website or the Services, or intellectual property or other rights subsisting in relation to the same.
- Failure or delay by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- These Terms constitute the entire agreement between you and us with respect to the subject matter and supersede any and all prior agreements, negotiations and discussions relating to the same.
- If any provision of these Terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
- These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising in connection with it.