- Welcome 1.1. W1TTY Global Ltd ("W1TTY", "we", "our" or "us") operates a payment services 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 payment transactions conducted through their electronic money account (your "W1TTY Account") and an associated payment card (“W1TTY Card”) (collectively, the "W1TTY Services").
- When these terms apply 2.1 These terms and conditions (“Agreement”) your use of the W1TTY Services. The Agreement also includes:
- Our Privacy Policy; • Platform Terms of Service; • Account Terms; • Prices, Special Terms & Conditions of Products and Services;
These documents are available here.
2.2 We will ask you to agree to the Agreement when you apply to set up a W1TTY Account. If you do not agree to this Agreement, please do not apply to open a W1TTY Account or use the W1TTY Services. You should read this Agreement and each of the above documents before agreeing to them and download a copy for your records. You can ask for a copy of this Agreement through the chat function on the W1TTY App. Alternatively, you can download the current terms and conditions at any time from our website (here) or by going to the "My Details" section of the W1TTY App.
2.3 This Agreement shall start on the date on which we notify you that your application to register for the Services has been accepted under Clause 6 and the selected Service(s) is/are available for your use.
2.4 You shall be entitled to cancel this Agreement within the 14-day period that begins on the day after you enter into it (“Statutory Cancellation Period”). In the event that you wish to cancel this Agreement during the Statutory Cancellation Period, you may exercise your right of cancellation by emailing us to that effect at support@w1tty.com. You must not use your W1TTY Account or W1TTY Card during that time.
2.5 This Agreement applies to you if you are accessing the W1TTY Services in or from the United Kingdom. If you are accessing the W1TTY Services in or from any country within European Economic Area the W1TTY Services are provided by W1TTY Global UAB under a separate set of terms and conditions which can be found here.
3. Information about us 3.1 W1TTY Services are provided by W1TTY Global Ltd, 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. 3.2 Any questions regarding the Services provided through this Agreement should be directed to us at support@w1tty.com (“Customer Services”) unless otherwise advised by us.
4. Information about you 4.1. Your privacy is important to us. Please read our Privacy Policy to understand the personal information we collect, the purposes for which we use and share it and the legal basis on which we do so.
5. Information about your W1TTY Account and W1TTY Card 5.1 The W1TTY Account is an electronic money account. Electronic money is defined in the Electronic Money Regulations 2011. We issue electronic money to your W1TTY Account on receipt of your funds for the purpose of making payments or transfers using the W1TTY Services (“Transactions”). You are able to transfer money to W1TTY Safeguarded Account from any other payment account you hold with another regulated payment service provider and we'll issue the equivalent value of e-money to your W1TTY Account.
5.2 Your W1TTY Account is not a bank or savings account. The amount showing as available on your W1TTY Account (“Available Balance”) will not earn any interest. Your W1TTY Account and the W1TTY Services are not covered by the Financial Services Compensation Scheme (or any other local depositor protection scheme). If the bank in which any W1TTY Safeguarded Account is held were to become insolvent, you may be entitled to compensation from the Financial Services Compensation Scheme in respect of any money held in the W1TTY Safeguarded Account by us on your behalf corresponding to your Available Balance. You should seek legal advice if you are unsure of or would like further information about whether or not your money is appropriately protected to meet your individual requirements.
5.3 The W1TTY Card is a prepaid payment card, not a credit card or charge card or bank account debit card. You must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.
5.4 You can use the W1TTY Services to:
(a) View your W1TTY Account and manage your money;
(b) Send money to other W1TTY Accounts;
(c) Send money from your W1TTY Account to third-party accounts;
(d) receive payments from other payment accounts;
(e) use your W1TTY Card to make payments or withdrawals at ATMs; and
(f) Send money in other currencies.
5.5 Key information relating to your Payment Transactions and other required disclosures will be provided to you in your W1TTY Account. You may access, download and print this information at any time by logging in to your W1TTY Account.
5.6 We may also provide notices or other information to you from time to time by posting them in your W1TTY Account, by emailing them to your registered email address, mailing them to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Clause 3.
5.7 We may also proactively freeze, block or suspend your W1TTY Account if we notice that there have been unusual Transactions on your account or are concerned about the safety of your W1TTY Account. If we are able to under applicable legislation, we will notify you as soon as possible after we have frozen, blocked or suspended your W1TTY Account to inform you why we have done so and the steps you should take to re-activate your W1TTY Account.
- Eligibility and Important warnings about using the W1TTY Services
6.1 In order to use the W1TTY Services, you must:
(a) be an individual who is 18 years of age or older;
(b) have responded to our requests to verify your identity and been approved by us in accordance with this Agreement;
(c) have subscribed to use the W1TTY Services in accordance with this Agreement; and
(d) not have been banned or suspended by us from using the W1TTY Services or the W1TTY Services.
6.2 Your W1TTY Account is personal to you, and you are not allowed to give anyone else the right to use the W1TTY Services or access your W1TTY Account on your behalf.
6.3 We shall supply the W1TTY Services to you during the Term in accordance with the terms and conditions of this Agreement. We may sub-contract with an appropriately authorised financial institution to perform our obligations under the Agreement.
6.4 We shall perform the W1TTY Services with reasonable skill and care.
6.5 When you apply to register with us to use the W1TTY Services, we may (but are not obliged) to accept your application, in which case we will create an W1TTY Account uniquely associated with you and issue you with a password or other Security Credentials for your use in accessing and using your W1TTY Account and the PIN for your W1TTY Card (“Security Credentials”). You must:
(a) keep secret any Security Credentials that you use to access the W1TTY Services or your W1TTY Account.
(b) ensure that any device from which you access the W1TTY Services is secure, which includes keeping any operating systems and antivirus software up to date, using strong PINs or passwords to secure your device, and not accessing the W1TTY Services from a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed.
(c) keep your PIN safe, secure and separate from your Card or any record of your Card number and not disclose it to anyone else. This includes:
(i) memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you; (ii) never writing your PIN on your Card or on anything you usually keep with your Card; (iii) keeping your PIN secret at all times, including by not using your PIN if anyone else is watching; (iv) not disclosing your PIN to any person.
(d) sign the signature strip on the W1TTY Card immediately when received.
6.6 If you think that your Security Credentials may have been lost or stolen, you should inform us immediately by contacting us through the functionality on the W1TTY App or through our website at w1tty.com/help. If you fail to do so, we will not be responsible to you for any unauthorised Transactions undertaken from your W1TTY Account.
6.7 We will need to conduct certain checks to verify your identity in order for you to use the W1TTY Services against third party databases or the verification of one or more official government or legal documents that confirm your identity and your place of residence. You must ensure that any information you provide is accurate, as we will not be responsible to you if we are unable to verify your identity because of any errors or omissions in the information you have provided to us. We may also conduct further identity checks from time to time during the course of your use of the W1TTY Services, including annual updates of your identity information. We may refuse to provide (or, where applicable, continue to provide) you with the W1TTY Services if we are unable to do this. Some of the searches which we or a third party may perform on our behalf, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating.
6.8 We may monitor Transactions made using the W1TTY Services for suspicious activity and fraud. If we suspect that you are using the W1TTY Services in an unlawful manner or in breach of this Agreement, we may immediately end or suspend your use of the W1TTY Services.
6.9 You are responsible for ensuring that any Security Credentials you use to access the W1TTY Services, and any device from which you access the W1TTY Services, are secure and confidential. This includes keeping any operating systems and antivirus software up to date, using strong PINs or passwords to secure your device, and not accessing the W1TTY Services from a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed.
6.10 If you believe that there has been an unauthorised Transaction from your W1TTY Account, you must immediately inform us and in any event within 13 months of the date of the Transaction. We will not be responsible to you for any losses you suffer if you fail to notify us of any such Transaction within this time frame, or if you have otherwise not complied with this Agreement.
6.11 All Transactions that you make through the W1TTY Services are subject to certain limits. These limits may change over time - please see the Prices, Special Terms & Conditions of Products and Services (here) for information about the current limits applicable to the W1TTY Services.
- Topping up your W1TTY Account
7.1 In order to top up the Available Balance of your W1TTY Account, you will need to log-in to your W1TTY Account and follow the instructions for using the various payment methods we accept. You can also receive a payment from another W1TTY Account.
7.2 We may refuse to process any payment that you make from a card or bank account that is not in your name.
- Holding and withdrawing amounts in your W1TTY Account
8.1 Your funds are available for redemption by contacting us at any time before the end of the 6 years after the date on which this Agreement ends under Clause 16, after which time your Available Balance will no longer be redeemable to you and we are entitled to retain the corresponding funds.
8.2 We may deduct from your Available Balance the amount of any fees.
8.3 Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends under Clause 16, redemption will not incur any Late Redemption Fee.
8.4 If you make a request for redemption more than 12 months after the date on which this Agreement ends under Clause 16, if the amount of any fee is greater than the Available Balance, the proceeds of any redemption request would be nil, after the fees are deducted. In these circumstances, we may cease to safeguard the funds related to the Available Balance but we will be able to show how the Available Balance has been used up by the fees.
8.5 We shall have the absolute right to set-off, transfer, or apply sums held in the W1TTY Account(s) or W1TTY Cards in or towards satisfaction of all or any liabilities and Fees owed to us that have not been paid or satisfied when due and payable.
- Sending money from your W1TTY Account in other currencies 9.1 The W1TTY Services allow you to send money in other currencies from your W1TTY Account.
9.2 The available currencies and exchange rates may vary from time to time. You can view the available currencies on the W1TTY Services, and select your target currency, when you set up a transfer from your W1TTY Account. When you submit a request to send money from your W1TTY Account in a different currency, we will execute the transfer at the currency conversion rate displayed to you when you confirm your request and will inform you by posting a message on the W1TTY Services once we have completed the transfer.
9.3 Exchange rates can change rapidly, particularly with more volatile currencies. There is no guarantee that the value of a currency will not fall significantly. You should ensure that you check the conversion rate and the amount the recipient will receive in the target currency before you confirm your request to transfer money, particularly if you are paying a bill or an invoice issued in the target currency. We will not be responsible to you for any losses you suffer which are caused by fluctuations in the value of any currencies in which you transfer money.
9.4 The amount that you can exchange may be subject to a daily limit. Please refer to the Prices, Special Terms & Conditions of Products and Services (here) for information on the limits applicable to currency exchanges from time to time.
9.5 Where you top up or make a payment to your W1TTY Account in a currency different to the currency of your W1TTY Account, your payment will be converted into the currency of your W1TTY Account by us at the rate published (here) which is subject to change (“Reference Exchange Rate”), and we will credit this converted amount to your W1TTY Account. Any Transaction on your W1TTY Card in a currency other than the currency in which your W1TTY Card is denominated, will require a currency conversion using an Applicable Exchange Rate. When making multi-currency Payment Transactions from your W1TTY Account or using your W1TTY Card, the applicable exchange rates will be confirmed at time of Transaction. If a foreign currency Payment Transaction is returned to your W1TTY Account, this will revert to the original currency at the latest rate, so the returned amount may differ from the original amount and we will not be liable for the difference.
9.6 Your bank may also apply additional fees to Transactions in different currencies. We will not be responsible to you for any additional fees imposed by your bank or losses you suffer as a result of any changes in the exchange rate if you top up your W1TTY Account in a currency other than the currency of the account.
- Making payments from your W1TTY Account 10.1 You can make payments from your W1TTY Account through the applicable functionalities on the W1TTY Services.
10.2 To confirm a Transaction, we may ask you to enter security details including your Security Credentials (password or passcode), biometrics linked to your device (for example fingerprint of facial recognition) or by confirming via a link sent to your mobile number or email address.
10.3 We will execute any payments you make from your W1TTY Account unless:
(a) you fail to provide us with valid or sufficient information about the recipient, such as their name, bank account and sort code;
(b) you fail to provide any Security Credentials we request from you in order to verify the payment;
(c) the balance of your W1TTY Account is insufficient to satisfy the payment request and any fees payable in respect of that Transaction;
(d) we believe the payment request is fraudulent or illegal; or
(e) we are prohibited from executing the payment by applicable law.
10.4 Unless we are prohibited from doing so by applicable law or court order, we will inform you if we refuse or are otherwise unable to execute your payment request.
10.5 You can submit payment requests to us at any time. However, other than any instructions you submit to us to pay amounts to another W1TTY Account, any payment request that you submit to us outside of business hours (meaning between 9 am and 5 pm, Monday to Friday, other than public holidays) will be actioned by us on the following business day.
10.6 If you ask us to make a payment at a specified future date, rather than immediately, we will action this request on your requested date, unless the date requested is not a business day in England (in which case we will do so on the next business day) or you cancel your payment instruction before that date. You will be able to cancel a payment instruction for a specified future date prior to that requested date using the applicable functionality on the W1TTY Services.
10.7 You should check to make sure that the details you submit with your payment request, such as the amount of the payment and information about the recipient's bank account, are correct before authorising a payment from your W1TTY Account.
10.8 Payments that you make from your W1TTY Account are subject to daily limits and may be subject to processing fees and charges. These fees and limits are set out in the Prices, Special Terms & Conditions of Products and Services (here).
10.9 Once we receive and process your payment instruction, unless we are prohibited from effecting payment by applicable law or refuse to do so in accordance with this Agreement, your payment shall be completed and be credited to the recipient's account within the following timeframes:
(a) payments to another W1TTY Account within the UK will be completed within a few minutes;
(b) payments to an account within the UK will be completed within 2 hours;
(c) payments in Euros to an account in the European Economic Area will be completed within 2 hours;
(d) payments not in Euros to an account in the European Economic Area will be completed within 48 hours;
(e) payments to recipients outside the European Economic Area will be completed within 96 hours.
- Making Payments with your W1TTY Card 11.1 You can make a payment by entering the sort code and account number (or for international credentials) of the intended recipient. You can also make purchases or withdraw cash using your W1TTY Card. Read and familiarise yourself with the W1TTY Account Limits and Fees.
11.2 Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. A Transaction for Payments and ATM Transactions will be deemed to have been received by us at the time we receive the payment order for the Transaction from the merchant acquirer or ATM operator.
11.3 Where a revocation of an authorised payment is agreed between us and you, we may charge a Fee for revocation.
11.4 In order to protect you and us from fraud, retailers and merchants with whom you wish to use your W1TTY Card (“Merchants”) may seek electronic authorisation before processing any Payment. If a Merchant is unable to get an electronic authorisation, they may not be able to authorise your Payment.
11.5 In some circumstances we or Merchants may require you to have an Available Balance in excess of the payment amount, such as at restaurants to allow for any gratuity or service charge added by the restaurant or you or hotels for additional expenses you incur during your stay.
11.6 In some circumstances Merchants, such as car rental companies, may require verification that your Available Balance will cover the payment amount and initiate a hold on your Available Balance in that amount. In the event a Merchant places a pre-authorisation on your Account, you will not have access to these funds until the payment is completed or released by the Merchant which may take up to 30 days.
11.7 If you use your Card at an automated fuelling station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.
11.8 Some Merchants may not accept payment using our W1TTY Account or W1TTY Card. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using our services.
11.9 In relation to any dispute between the you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a chargeback processing Fee as referenced (see Fees) , for any such assistance we may give you with any dispute. If there is an un-resolvable dispute with a Merchant in circumstances where the W1TTY Card has been used for a payment, you will be liable for the payment and will have to resolve this directly with the relevant Merchant.
11.10 Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your W1TTY Card is denominated.
11.11 Any Transaction on your W1TTY Card in a currency other than the currency in which your W1TTY Card is denominated, will require a currency conversion using a Reference Exchange Rate.
- Open banking 12.1 You may allow other providers to access your W1TTY Account using "open banking". These open banking providers must be authorised with the UK FCA to provide these services. You can ask any open banking provider to provide details of their authorisation.
12.2 Where you use open banking to access your W1TTY Account this Agreement still applies to you.
12.3 We may block an open banking provider from accessing your W1TTY Account where we are concerned they are acting fraudulently, don't have authorisation from you to access your account, or are required to for legal or regulatory reasons. Where we do this, we will inform you that we have done so and the reasons for doing so, where this is possible. Where these issues are resolved, we will unblock the open banking provider.
12.4 You may also block an open banking provider by contacting us through the chat function in the W1TTY App or by contacting us at w1tty.com/help.
- Responsibility for unauthorised Transactions or errors 13.1. Subject to Clauses 13.2, 13.3 and 13.6 we will reimburse you in full for all unauthorised Transactions sent from your W1TTY Account immediately and in any event no later than the end of the following Working Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your W1TTY Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited.
13.2. You may be liable for losses relating to any unauthorized Transactions up to a maximum of £35 resulting from the resulting from the use of a lost or stolen W1TTY Card or the misappropriate of your W1TTY Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by our acts or lack of action.
13.3. You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your W1TTY Account in accordance with the terms of this Agreement or to keep your Security Credentials confidential and secure in accordance with Clause 6.
13.4. You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us of a compromise of your Security Credentials under Clause 6 without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your W1TTY Card or W1TTY Account (unless you have acted fraudulently).
13.5. We shall not be liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the payment service provider of the payee.
13.6. We shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.
13.7. Where we are liable for the incorrect execution of a Transaction that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your W1TTY Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.
13.8. Where we are liable for the incorrect execution of a Transaction by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited W1TTY Account to the state in which it would have been had the defective Transaction not taken place.
13.9. In the case of a non-executed or defectively executed Transaction by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.
13.10. A Transaction initiated by or through a payee (e.g. a Merchant) shall be considered to be unauthorised if you have not given your consent for the Transaction to be made. If you believe that a Transaction has been made without your consent you should contact Customer Services without undue delay after becoming aware of the Transaction.
13.11. A claim for a refund of an authorised Transaction initiated by or through a payee (e.g. a Merchant) where the authorisation did not specify an exact amount of payment Transaction (and the amount of the Transaction exceeded the amount that you reasonably could have expected taking into account your previous spending pattern, this Agreement and the circumstances of the case), must be made within 8 weeks from the date on which the funds were deducted from your Available Balance. Within 10 Working Days of receiving your claim for a refund or within 10 Working Days of receiving further information from you, we will either refund the full amount of the Transaction as at the date on which the amount of the Transaction was debited or provide you with justification for refusing the refund.
13.12. The right to a refund under this Clause 13 does not apply where you have given consent directly to us for the Transaction to be made and, if applicable, information on the Transaction was provided or made available to you by us or the payee in an agreed manner for at least four weeks before the due date.
13.13. If you are not satisfied with the justification provided for refusing the refund or with the outcome of your claim for a refund, you may submit a complaint to us or contact the complaints authority as described in Clause 20.
13.14. If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
13.15. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your W1TTY Account or otherwise charged to you.
13.16. It is your responsibility to ensure you provide the correct recipient account details and payment amount when making any payment or setting up a payee.
13.17. You are responsible if you give us incorrect instructions or mistakenly instruct us to make the same payment more than once, but we will try to help you get the money back. We may not always be able to do this, but we will do what we reasonably can. We may charge you a Fee for tracing, recalling or cancelling a payment.
13.18. If we cannot get the money back, you can request the relevant information we have about the Transaction to help you reclaim the money. We will provide this information on receiving a written request from you, unless the law prevents us from doing so.
13.19. If somebody makes an incorrect payment into your W1TTY Account, we can reverse the payment and if the sender requests further information we may be required to share your personal details.
- Fees 14.1 You do not have to pay to set up a W1TTY Account. However, certain Transactions that you make through using the W1TTY Services will incur fees as set out in the Prices, Special Terms & Conditions of Products and Services (here), which will be deducted from the balance of your W1TTY Account. If the balance of your W1TTY Account is insufficient to pay the corresponding fees and carry out the Transaction, the Transaction may be declined.
14.2 We may, from time to time, revise the fees that we charge you for using the W1TTY Services. If we do so, we will notify you at least two (2) months in advance of the effective date of the increase.
- Rules of Acceptable use of the W1TTY Services 15.1 In addition to the other requirements within this Agreement, this section describes specific rules that apply to your use of the W1TTY Services (the "Account Rules of Acceptable Use").
15.2 When using the W1TTY Services you must not:
(a) use the W1TTY Services for forex trading or arbitrage;
(b) circumvent, disable or otherwise interfere with any security related features of the W1TTY Services;
(c) use the W1TTY Services if we have suspended or banned you from using it;
(d) 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; or
(e) copy and/or distribute any portion of the W1TTY Services;
(f) give any false or misleading information, impersonate any person or hide or attempt to hide your identity;
(g) permit another person to use the W1TTY Services on your behalf unless such person is authorised by you;
(h) modify, interfere, intercept, disrupt or hack the W1TTY Services;
(i) introduce viruses, Trojans, worms, logic bombs, invalid data or other material which could harm the W1TTY Services;
(j) collect any data from the W1TTY Services other than in accordance with this Agreement (including by any automated or non-automated "scraping"); or
(k) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the W1TTY Services in a manner that send more request messages to the W1TTY Services than a human can reasonably produce in the same period of time.
15.3 We may monitor the Transactions you execute through the W1TTY Services to ensure that you comply with the Account Rules of Acceptable Use.
15.4 The materials and content comprising the W1TTY Services 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 Services in accordance with this Agreement.
15.5 Your right to use the W1TTY Services, and any content that we make available through the W1TTY Services, is personal to you and you are not allowed to give this right to another person. Your right to use the W1TTY Services does not stop us from giving other people the right to use the W1TTY Services.
15.6 We allow you to download and use the W1TTY App on your mobile device for the sole purpose of accessing and using the W1TTY Services in accordance with this Agreement and we grant you a non-exclusive, personal, non-transferable licence for this purpose only.
15.7 Unless allowed by this Agreement and permitted by the functionality of the W1TTY Services, you agree:
(a) not to copy, or attempt to copy any portion of the W1TTY Services;
(b) not to give or sell or otherwise make available any portion of the W1TTY Services to anybody else;
(c) not to change, or attempt to change any portion of the W1TTY Services in any way; and
(d) not to look for or access the code of any portion of the W1TTY Services that we have not expressly published publicly for general use.
15.8 You agree that all confidential information, copyright and other intellectual property rights in the W1TTY Services belong to us or the people who have licenced those rights to us.
15.9 You agree that you have no rights in or to the W1TTY Services other than the right to use them in accordance with this Agreement.
15.10 Failure to comply with the Account Rules of Acceptable Use constitutes a serious breach of this Agreement, 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 access to your W1TTY Account, your right to use the W1TTY Services and/or the W1TTY Services;
(b) issuing of a warning to you;
(c) 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; or
(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.11 The responses described in paragraph 15.10 are not limited, and we may take any other action we reasonably deem appropriate.
- Ending our relationship and closing your W1TTY Account and W1TTY Card expiry
16.1 If you would like to end your use of the W1TTY Services and to close your W1TTY Account, you can do so using the applicable functionality in the W1TTY App or through our website at w1tty.com. Unless we are prohibited by applicable law, we will ask you to tell us where you would like to transfer any Available Balance in your W1TTY Account on the date you ask us to close your W1TTY Account. Your W1TTY Card has an expiry date printed on it (the “Expiry Date”). The W1TTY Card will no longer be usable following the Expiry Date, and you must destroy it and not use it after that time (but we may issue you with a new W1TTY Card), but you will still be able to receive and send funds to and from the W1TTY Account associated with the W1TTY Card. Your use of your W1TTY Card ends on the Expiry Date. Unless terminated earlier, this Agreement and your use of the W1TTY Services will also end when your ability to initiate all Transactions ceases.
16.2 Any instruction to redeem or withdraw your Available Balance more than 1 year after the close of your W1TTY Account may incur a fee. This will be set out the Prices, Special Terms & Conditions of Products and Services (here). If you have not provided us an instruction on where to transfer any Available Balance within the 6 years after your W1TTY Account was closed, you will not be able to redeem the money at the end of that period of time.
16.3 If your W1TTY Account:
(a) has been inactive (including, without limitation, where there has been no access or Transactions) for at least 12 consecutive months; and
(b) has an Available Balance,
we may (but we are not obliged to) notify you by e-mail to your registered e-mail address and give you the option of either keeping your W1TTY Account open or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your W1TTY Account and initiate a transfer of your Available Balance (less any applicable fees and charges) to the last payment account notified by you to us or by cheque to your last known address.
16.4 While there is no fee for closing your W1TTY Account, where you owe us money we will deduct the amount you owe us from any Available Balance before transferring any remaining funds amounts transferred on the close of your accounts.
16.5 We may immediately end or suspend your use of any or all of the W1TTY Services if:
(a) you break the Account Rules of Acceptable Use;
(b) we are unable to complete any customer due diligence checks on you, the Transactions you make using the W1TTY Services, or if we otherwise suspect that you are using the W1TTY Services in an unlawful manner;
(c) we have previously identified you as an individual engaged in suspicious activity;
(d) you are trying to access the W1TTY Services from a country considered to be exposed to a high risk of money laundering or financing terrorism;
(e) you are a politically exposed person, or are a family member or known close associate of a politically exposed person;
(f) you are listed on a sanctions list in any of the jurisdictions in which we provide the W1TTY Services; or
(g) we otherwise identify you as an individual exposed to a high risk of money laundering or financing terrorism.
16.6 We may also suspend or terminate your access to your W1TTY Account and/or any or all of the W1TTY Services if:
(a) we are unable to verify that the source of any funds you receive in your W1TTY Account is legitimate; or
(b) we suspect that you have engaged in any unlawful activity or you are using the W1TTY Services in an unlawful manner; or
(c) you do not provide us with further information about you or the source of any funds in your W1TTY Account that we may request from time to time;
(d) you fail to maintain a positive or zero balance on your W1TTY Account, in which case e relevant Transactions if your Account you must pay to us the amount of any negative balance immediately on demand; or
(e) you break any other important rule(s), or terms and conditions we set for accessing and using the W1TTY Services including this Agreement.
16.7 We may terminate this Agreement and your right to access the W1TTY Services for any other reason by giving you 2 months' prior notice.
16.8 If you or we terminate your right to access the W1TTY Services, you will lose your ability to access and initiate Transactions through your W1TTY Account and W1TTY Card. If we terminate your right to access the W1TTY Services, we will ask you, within a reasonable time frame, to withdraw any Available Balance from your W1TTY Account at the time of account closure.
16.9 Upon the termination of this Agreement for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with the W1TTY Services, except as required to comply with our legal and contractual obligations (including those relating to the redemption of your Available Balance).
- Liability: Our responsibility to you 17.1. This Clause 17 and Clause 13 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with this Agreement; any use made by you of the Service or any part of it; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
17.2. In every case, 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 this Agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you started using the W1TTY Services, both we and you knew it might happen.
17.3. Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement for causes beyond its reasonable control. The party wishing to claim relief by reason of any such circumstance shall notify the other party in writing without delay on the intervention and on the cessation thereof.
17.4. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot legally limit.
17.5. Subject to Clauses 13 and 17.4, each party shall only be liable for its own breach of contract, negligence or willful misconduct.
17.6. You acknowledge and accept that:
(a) the W1TTY Service is subject to any constraints or limitations stipulated by any regulatory authority or applicable law and our continued authorisation by the competent regulatory authorities; and
(b) our ability to provide the W1TTY Service depends on the continued provision of essential components provided by third party service providers including but not limited to providers of processing and other services, over which we have no control.
17.7. By facilitating the initiation of payment orders we shall not be deemed to have assumed any liability that you may have incurred in relation to the relevant Transaction or the purpose for which it is made. We shall not be responsible for the safety, legality, quality or any other aspect of any transactions or goods and services for which you might be using the W1TTY Service to disburse the proceeds of or otherwise pay or receive funds for.
17.8. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement, we do not:
(a) make any representations or warranties, express or implied, with respect to merchantability, fitness for a particular purpose or non-infringement; (b) warrant, represent, undertake or guarantee that you will achieve any level of sales, revenue or profit; (c) warrant, represent, undertake or guarantee that the W1TTY Service will always be available or operate error-free, or that any errors, omissions or misplacements in any software will be corrected.
17.9. You are solely and exclusively responsible for any results obtained from your use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any content, or instructions or scripts provided to us by you or by any third party in connection with the Service.
17.10. The W1TTY Services 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 Services fails as a result of any error or unavailability of these third-party services or the networks they rely on.
17.11. We will do our best to ensure that any elements of the W1TTY Services 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 Services 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 Services 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.
- Changes to this Agreement 18.1 We may revise this Agreement from time to time but the most current version will always be available (here).
18.2 Changes will usually occur because of new features being added to the W1TTY Services, changes in the law or where we need to clarify our position on something.
18.3 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.
18.4 We will notify you at least 2 (two) months in advance of the date of these changes. If you do not agree to the changes, you must stop using the W1TTY Services, including your W1TTY Account and W1TTY Card before the planned commencement date of the new changes. Continuing to use the W1TTY Services after that date means that you accept our new changes.
- Notices; Contacting you 19.1 If we need to notify or contact you, we will do so by secure message on the W1TTY App or by text message or email to the number and address you have registered with us. Please make sure you regularly check the W1TTY App, texts and email account.
19.2 Please ensure the details you have registered with us are up to date, and notify us of any changes. We may, from time to time, request additional information from you. Please provide this as soon as possible to avoid any disruption to your W1TTY Services.
19.3 This Agreement is concluded in the English language. All communications will be in the English language (including any notices or the information being transmitted). In the event that the Agreement is translated into any other language (whether for your convenience or otherwise), the English language text of the Agreement shall prevail.
- Resolving complaints and disputes 20.1 If you wish to complain about the W1TTY Services, in the first instance please contact us through the chat function in the W1TTY App or by contacting us at w1tty.com/help and attempt to resolve the dispute with us informally.
20.2 We will acknowledge receipt by the next business day and respond to any complaint within 15 business days, unless we are prevented from doing so by reasons outside of our control. In exceptional circumstances where we are unable to reply within the first 15 days, we will reply providing a reason for the delay and deadline for our response which will be no longer than 35 days after receiving your complaint.
20.3 If we fail to respond to you within 15 business days and do not inform you of the reasons for our delay, or if we do not provide you with a final response within 35 business days from the date we received your complaint, you can make a complaint to the Financial Ombudsman Service.
20.4 You can contact the Financial Ombudsman Service by calling them between 8AM and 5PM (UK time), Monday to Friday on 0800 023 4567 or by submitting form online here. The details of the Financial Ombudsman’s Service are: Harbour Exchange Square, London E14 9SR, phone 0800 023 4567 when calling from UK and +44 20 7964 0500 when calling from abroad, website: www.financial-ombudsman.org.uk.
- Contact us 21.1 If you need to contact us in relation to this Agreement or any other document mentioned in them, please email us at support@w1tty.com. If you are a W1TTY customer, you can also contact us through the chat function of the W1TTY App.
21.2 We value hearing from our users, and are always interested in learning about ways we can improve the W1TTY Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
- General Terms 22.1 We intend to rely on this Agreement as setting out the written terms of our agreement with you for the provision of the W1TTY Services. If part of the W1TTY Agreement cannot be enforced then the remainder of the W1TTY Agreement will still apply to our relationship.
22.2 If you do not comply with this Agreement and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
22.3 Nothing in this Agreement shall give rise to any joint venture, partnership, or employment relationship between you and us. Where we act as your agent, we shall only do so to the limited extent specified on the contractual basis of this Agreement and not as your general agent or fiduciary.
22.4 Nothing in this Agreement is intended to confer a benefit on any person who is not a party, and no such person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, provided that this Clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
22.5 English law will apply to all disputes and the interpretation of this Agreement. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the W1TTY Services. 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.
- APP STORE TERMS 23.1 You acknowledge that this Agreement sets 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 Services from which you download the W1TTY App (the "Store Provider").
23.2 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.
23.3 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.
23.4 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.
23.5 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 this Agreement and have the right to enforce this Agreement against you.