Platform Terms of Service – V1.0

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W1TTY Global LTD
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Valid as of: August 8, 2022 | Version 1.0
  1. WELCOME

    2. 1.1. W1TTY operates a platform accessible through the W1TTY application, which is available for download on your mobile device (the "W1TTY App"), that allows users to view the balance of, and carry out and manage transactions conducted through their electronic account (the "W1TTY Service").

    1.2 This document explains the terms on which you may use the W1TTY Service. Additional terms will apply to your use of the electronic account ("W1TTY Account") that we make available to you through the W1TTY Service (the "W1TTY Account Terms"). Please read this document, the W1TTY Account Terms and any documents they refer to (collectively, the "Terms of Service" carefully to ensure that you understand them before you use the W1TTY Service.

    1.3 These Terms of Service apply to you if you are accessing the W1TTY Service from the United Kingdom. If you are accessing the W1TTY Service from any country within European Economic Area, please visit our terms that apply to your use of the W1TTY Service for your specific country, links to which can be found here.

    1.4 We will ask you to agree to the Terms of Service when you access the W1TTY Service and create an account on the W1TTY Service. If you do not agree to the Terms of Service, you must not use the W1TTY Service.

  2. INFORMATION ABOUT US

    3. 2.1 The W1TTY Service is provided by W1TTY Global Ltd ("W1TTY", "we", "our" or "us"). W1TTY is a company registered in England under company registration number 12810623 and with its registered office at 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN. W1TTY is authorised by the UK Financial Conduct Authority (UK FCA) for the issuance of e-money, having UK FCA firm registration number 932839.

    2.2 If you would like to get in touch with us, you can write to us:

    (a) by email to support@w1tty.com; or

    (b) by post to us at the address listed in paragraph 1 above.

  3. INFORMATION ABOUT YOU

    4. Your privacy is important to us. Please read our Privacy Notice to understand how we collect, use and disclose information about you.

  4. IMPORTANT WARNINGS

    5. 4.1 We will need to conduct certain checks to verify your identity in order for you to use the W1TTY Service to set up a W1TTY Account. We may also conduct further identity checks from time to time during the course of your use of the W1TTY Service. We may refuse to provide (or, where applicable, continue to provide) you with access to the W1TTY Service if we are unable to do this.

    4.2 We may monitor transactions made using the W1TTY Service for suspicious activity and fraud. If we suspect that you are using the W1TTY Service in an unlawful manner or in breach of these Terms of Service, we may immediately end or suspend your use of the W1TTY Service.

    4.3 You are responsible for ensuring that any security credentials you use to access the W1TTY Service, and any device from which you access the W1TTY Service, are secure. This includes keeping any operating systems and antivirus software up to date, using strong PIN or passwords to secure your device, and not accessing the W1TTY Service from a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed.

    4.4 We may from time to time update the W1TTY App to update or introduce new security features. You should make sure that you download and always use the most recent version of the W1TTY App to help keep your W1TTY Account safe.

    4.5 The W1TTY Service is only available to residents of the United Kingdom and European Economic Areal.

  5. USING THE W1TTY SERVICE AND CREATING AN ACCOUNT

    6. 5.1 To use the W1TTY Service, you must:

    (a) be at least 18 years or older and capable in your country of residence of entering into a legally binding agreement;

    (b) have responded to our requests to verify your identity and been approved by us in accordance with the W1TTY Account Terms; and

    (c) not have been previously banned by us from using the W1TTY Service.

    5.2 In order to access and use the W1TTY Service, you will need to sign up and create a W1TTY Account, by selecting your nationality and country of residence, entering your email address and phone number and creating a username and password.

    5.3 We will also need to verify your identity in order for you to use your W1TTY Account and access the W1TTY Service. This is known as "Know Your Customer" or "KYC", which we are required to do by law when providing certain features of the W1TTY Service. For more information about these KYC checks please read our W1TTY Account Terms (here ).

    5.4 We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your W1TTY Account. You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your W1TTY Account. If you have any concerns that your W1TTY Account may have been misused, you should contact us at support@w1tty.com straight away to let us know.

  6. YOUR RIGHT TO THE USE OF W1TTY SERVICE

    7. 6.1 The materials and content comprising the W1TTY Service belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the W1TTY Service in accordance with these Terms of Service.

    6.2 Your right to use the W1TTY Service, and any content that we make available through the W1TTY Service, is personal to you and you are not allowed to give this right to another person. Your right to use the W1TTY Service does not stop us from giving other people the right to use the W1TTY Service.

    6.3 We allow you to download and use the W1TTY App on your mobile device for the sole purpose of accessing and using the W1TTY Service in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable licence for this purpose only.

    6.4 Unless allowed by these Terms of Service and permitted by the functionality of the W1TTY Service, you agree:

    (a) not to copy, or attempt to copy any portion of the W1TTY Service;

    (b) not to give or sell or otherwise make available any portion of the W1TTY Service to anybody else;

    (c) not to change, or attempt to change any portion of the W1TTY Service in any way; and

    (d) not to look for or access the code of any portion of the W1TTY Service that we have not expressly published publicly for general use.

    6.5 You agree that all confidential information, copyright and other intellectual property rights in the W1TTY Service belong to us or the people who have licenced those rights to us.

    6.6. You agree that you have no rights in or to the W1TTY Service other than the right to use them in accordance with these Terms of Service.

  7. RULES OF ACCEPTABLE USE

    8. 7.1 In addition to the other requirements within these Terms of Service, this paragraph describes specific rules that apply to your use of the W1TTY Service (the "Rules of Acceptable Use").

    7.2 When using the W1TTY Service you must not:

    (a) copy and/or distribute any portion of the W1TTY Service;

    (b) give any false or misleading information, impersonate any person or hide or attempt to hide your identity;

    (c) circumvent, disable or otherwise interfere with any security related features of the W1TTY Service;

    (d) permit another person to use the W1TTY Service on your behalf unless such person is authorised by you;

    (e) use the W1TTY Service if we have suspended or banned you from using it;

    (f) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;

    (g) modify, interfere, intercept, disrupt or hack the W1TTY Service;

    (h) introduce viruses, Trojans, worms, logic bombs, invalid data or other material which could harm the W1TTY Service;

    (i) collect any data from the W1TTY Service other than in accordance with these Terms of Service (including by any automated or non-automated "scraping"); or

    (j) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the W1TTY Service in a manner that send more request messages to the W1TTY Service than a human can reasonably produce in the same period of time.

    7.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

    (a) immediate, temporary or permanent withdrawal of your right to use the W1TTY Service;

    (b) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or

    (c) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    7.4 The responses described in paragraph 3 are not limited, and we may take any other action we reasonably deem appropriate.

  8. APP STORE TERMS

    9. 8.1 You acknowledge that these Terms of Service set out the terms of the agreement between you and us only, and do not apply to your relationship with Google Ireland Limited, Apple, Inc. or any other provider of an app store or distribution W1TTY Service from which you download the W1TTY App (the "Store Provider").

    8.2 We, not the Store Provider, will be solely responsible for the W1TTY App, any content that we make available through the W1TTY App and any support or maintenance in respect of the W1TTY App. The Store Provider will have no obligation to provide any maintenance or support services with respect to the W1TTY App.

    8.3 We, not the Store Provider, will be solely responsible in the event that the W1TTY App does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the W1TTY App.

    8.4 In the event of any claim that the W1TTY App infringes another person's intellectual property rights, we, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.

    8.5 You acknowledge that:

    (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;

    (b) you are not listed on any U.S. Government list of prohibited or restricted parties; and

    (c) the Store Provider (and members of its corporate group) are third party beneficiaries under these Terms and Conditions and have the right to enforce these Terms and Conditions against you.

  9. ENDING OUR RELATIONSHIP

    10. 9.1 If at any time you feel that you no longer agree with these Terms of Service or any changes made to the Terms of Service or the W1TTY Service, you must immediately stop using the W1TTY Service. If you have created a W1TTY Account you will need to cancel your W1TTY Account in accordance with the W1TTY Account Terms (here).

    9.2 We may immediately end your access to the W1TTY Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the W1TTY Service including these Terms of Service, or where we are required to do so to comply with a court order, law, regulation, regulatory decree or ombudsman’s orders.

    9.3 We may also suspend your access and use of the W1TTY Service if we are required to do so to comply with a court order, law, regulation, regulatory decree or ombudsman’s orders, or while we investigate any suspected breach of these Terms of Service or suspicious activity relating to your W1TTY Account, in each case if continuing to provide you with access to the W1TTY Service while we conduct these investigations is likely to harm us, the W1TTY Service or another user of the W1TTY Service, or may cause us to be in breach of applicable law.

    9.4 We may withdraw the W1TTY Service altogether as long as we give you 2 months' prior notice that we plan to do this.

    9.5 If you or we end your use of the W1TTY Service or we withdraw the W1TTY Service as described in this paragraph you will lose your ability to access and initiate transactions through the W1TTY Service and we will ask you, within a reasonable time frame, to withdraw any balance held in your W1TTY Account in accordance with the W1TTY Account Terms.

    9.6 There is no fee for ending your use of the W1TTY Service; however, if you or we end your use of the W1TTY Service, this shall not affect any of your obligations to pay any sums due to us.

    9.7 We will not offer you compensation for any losses you might suffer as a result of our termination or suspension of your use of the W1TTY Service as set out in this paragraph, unless:

    (a) the termination or suspension is done in error on our part; or

    (b) we fail to reactivate your access to the W1TTY Service as soon as we complete an investigation or if any suspension of your access to the W1TTY Service by a court or other official body is lifted.

    9.8 Nothing in this paragraph 9 affects any legal rights you may have under the law of the country in which you are resident.

  10. OUR LIABILITY AND RESPONSIBILITY TO YOU

    11. 10.1 We do our best to ensure that the W1TTY Service itself is of a reasonable standard and quality and matches any descriptions we have provided to you. However, the W1TTY Service may contain some content owned or developed by third parties, and rely on third-party networks, such as banks and payment providers. As we do not own or produce such third-party content, or operate these third-party networks, we cannot be responsible for them in any way. We will not be responsible to you if any transaction you enter into through W1TTY Service fails as a result of any error or unavailability of these third-party services or the networks they rely on.

    10.2 We will do our best to ensure that any elements of the W1TTY Service that require a connection to the Internet will always be available to you. However, due to the nature of the Internet and technology, any such features of the W1TTY Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the W1TTY Service will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control.

    10.3 In the event of a claim arising out of the provision of the W1TTY Service, we will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with these Terms of Service. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you started using the W1TTY Service, both we and you knew it might happen.

    10.4 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence, our responsibility in the event of any fraud on our part, or our responsibility if we deliberately breach our commitments in these Terms of Service.

  11. RESOLVING DISPUTES

    12. 11. 1 We hope that you enjoy your use of the W1TTY Service. However, if you have a complaint or dispute with us relating to the W1TTY Service, we would welcome the opportunity to try to make things right and resolve the dispute with you ourselves. In the first instance, please contact us using the details in paragraph 2.2 of these Terms of Service so that we can attempt to resolve the dispute informally.

    11.2 if you are in the European Economic Area, you may (but are not obliged to) seek resolution of any dispute with us through consumer mediation services. You can do this through the European Online Dispute Resolution (ODR) W1TTY Service, available at this link: https://ec.europa.eu/consumers/odr/.

    11.3 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute through a formal dispute resolution process.

    11.4 This paragraph does not affect your statutory rights.

  12. UPDATES

    13. 12. 1 We are constantly updating and improving the W1TTY Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the W1TTY Service.

    12.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the W1TTY Service, or feature relating to the W1TTY Service ("changes to the W1TTY Service"). These changes to the W1TTY Service may affect your past activities on the W1TTY Service and features that you use ("W1TTY service elements"). Any changes to the W1TTY Service could involve certain W1TTY service elements being deleted or reset.

    12.3 You agree that a key characteristic of the W1TTY Service is that changes to the W1TTY Service will take place over time and this is an important basis on which we grant you access to the W1TTY Service. Once we have made changes to the W1TTY Service, your continued use of the W1TTY Service will show that you have accepted any changes to the W1TTY Service. You are always free to stop using the W1TTY Service.

  13. CHANGES TO THE DOCUMENT

    14. 13.1 We may revise these Terms of Service from time to time but the most current version will always be available here.

    13.2 Changes will usually occur because of new features being added to the W1TTY Service, changes in the law or where we need to clarify our position on something.

    13.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not be able to provide you with notice.

  14. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

    15. 14.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.

    14.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the W1TTY Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.

    14.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any rights we have and we may still take action in the future.

  15. TRANSFER OF OUR RIGHTS

    16. We may transfer our rights and obligations under these Terms of Service to another organisation, and we will notify you if this happens. This will not affect your rights or our obligations under these Terms of Service.

  16. LAW

    17. 16.1 English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the W1TTY Service. This does not affect your rights under applicable consumer law in the country where you are resident, including your ability to bring a claim against us in the courts of that country. If you are a resident of Scotland or Northern Ireland, this means you can bring a claim against us in the Scottish or Northern Irish courts.

  17. FEEDBACK AND COMPLAINTS

    18. We value hearing from our users, and are always interested in learning about ways we can improve the W1TTY Service. By providing your feedback you agree that we may use and allow others to use such feedback without any restriction and without any payment to you.