The following expressions shall have the following meanings in this Agreement:
"Account" means your UpayMint account;
"Agreement" means these Terms and Conditions between Uniware Limited and the User;
"App" means a smartphone application;
"Auto-Top-up" means to add further money to your UpayMint account to increase your Available Balance;
"Available Balance" means the value of funds loaded onto your UpayMint account available for you to spend;
"Barcode" means the barcode that appears when you open your UpayMint application on your smartphone;
"Loading" and "Loaded" means adding monetary value to your Account to increase your Available Balance;
"UpayMint" means the App which is downloaded onto your phone;
"User" means the individual who downloads the UpayMint App onto their smartphone and creates an Account on the Website;
"Website" means www.upaymint.com;
"You" and "Your" means the User.2. Parties
2.1 This Agreement is between You and Uniware Systems Limited, registered address 84/85 Riverside III, Sir Thomas Longley Road, Rochester, Kent, ME2 4BH registered no. 02890249 England ("Uniware" or 'We' or 'Us'). Uniware is authorised by the Financial Conduct Authority and is a registered Electronic Money Institution with the firm reference number 900101.3. UpayMint Account
3.1 UpayMint is an App allowing the User to make payments for goods and services up to the value of the Available Balance on their Account by displaying the Barcode in the App and allowing a retailer to scan the Barcode.
3.2 UpayMint can be used at any participating stores displaying the UpayMint logo. Uniware does not insure or guarantee the Available Balance on the Account.
3.3 UpayMint is not a credit card, bank card or debit card. By holding an Account you will not receive any interest, dividends or any other earnings on your Available Balance.
3.4 Uniware does not charge any fees for creating Accounts, Loading or Auto Top-ups.4. Loading your UpayMint
4.1 To load funds onto your Account, first register on the Website and make an Account, then, using a valid debit or credit card in your name load funds onto your Account.
4.2 To check whether you have sufficient funds you may check your Available Balance.
4.3.3 The maximum amount that can be retained and stored onto your UpayMint is £150
4.4 The stipulated maximum and minimum may vary and any such changes shall be made by notifying Users on the Website. Such changes shall not constitute an amendment to this Agreement.5. Using UpayMint
5.1.2 Your Account has been Loaded with funds from a valid credit or debit card in Your name.
5.2 Once a User has authorised a transaction from their Account, Uniware is unable to amend or cancel the transaction.6. Auto-Top-up
6.1 UpayMint provides an Auto-Top-up feature making Loading quicker and faster.
6.2 The User may link a valid credit or debit card to their Account and set a nominated value that will be re-Loaded.
6.3.5 Users are able to amend these settings by logging into their Account.7. Statements and Receipts
7.1 Users are not sent any statements outlining transactions completed through UpayMint. If Users require such information they must login to their Account on the Website where both the Available Balance and information relating to recent transactions will be available.
7.2 Receipts are available upon request at the time the User makes a payment using UpayMint. This receipt will provide confirmation that payment was made using UpayMint and the Available Balance remaining on the User's Account after the transaction.8. Security of Information
8.1 Uniware will communicate with Users via e-mail for issuing information about Your Account and UpayMint, it is therefore important that You keep the email address registered to Your Account up to date.
8.2 Uniware will create an Account for Users and issue the UpayMint App on the basis of the information that Users have provided. Accordingly, You agree to provide accurate personal information and to inform Uniware of any changes as soon as possible to ensure Uniware's records are up to date.
8.3 It is the User's responsibility to update any changes to their personal information on the Website.9. Termination or Suspension
9.1.5 Uniware is unable to process your payment due to the actions of third parties.
In such an event, Uniware shall inform the user in advance that their Account is suspended or terminated as the case may be.10. Unauthorised Transactions
10.1 UpayMint is treated in the same manner as cash; accordingly Users are responsible for all transactions associated with their Account, including both authorised and unauthorised transactions.
10.2 In the event that a User's Account has been compromised either by the theft or loss of their smartphone, fraudulent transactions or through any other means, the User must immediately notify the UpayMint customer care team on 0844 800 6201 or the updated customer care number shown on the Website. The customer care team will, following verification of your identity, freeze the Available Balance outstanding on the Account and release funds to create an Available Balance for the UpayMint User via a replacement Account.
In the circumstance of unresolved complaints you may contact the Financial Ombudsman Service eight weeks following the resolution of such a complaint.Part 2 - Further Legal Terms 1. Amendments
1.1 Uniware may amend the terms of this Agreement for the purposes of security, regulatory or business issues at any point without prior advance warning. Users will be notified of such changes via email. The amended terms will form part of a modified agreement (the "Modified Agreement") which will be displayed under such a heading on the Website.
1.2 The terms outlined in such a Modified Agreement will take effect from the date of the email notifications and such terms will hence forth apply to all future transactions.2. Termination and Account Closure
2.1 Uniware may terminate this Agreement and the Account at any time following 30 days prior written notice being provided to a User.
2.2 In the event of actual or suspected fraudulent or unauthorised transactions, immediate termination may be necessary. If, following the investigation of such transactions it transpires that the User has not completed fraudulent or unauthorised transactions, UpayMint will refund the relevant value to the User's Account.
2.3 Following notice of termination, the User shall have until the date of termination the facility to spend the Available Balance. Uniware has the right to either require such sums to be spent via UpayMint or to refund the Available Balance in cash.
2.4 Should a user close their account, we will apply an account closure fee. The fee will be £5.00, or the remaining balance on the account if less than £5.00. The refund will process via bank transfer and you bank account name, number and sortcode must be provided via the online form.3. Limitations of Liability
3.1.4 any corruption of the UpayMint software or the Barcode.
3.2 Uniware's maximum liability to the User, whether in contract, tort or otherwise arising in connection with this Agreement, shall be limited to a total of £5000.
3.3 All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded.
3.4.2 direct losses suffered by a User arising out of Uniware's fraud.4. Data Privacy
5.1 Uniware may transfer part or all of this Agreement to a third party provider by providing written notice to the Users. The company to whom the Agreement is transferred will be bound by the terms and conditions of this Agreement and any amendments or modifications that are made thereafter.6. Entire Agreement
6.1 This Agreement and any documents executed pursuant to this constitute the entire Agreement between Uniware and the User and supercedes all prior agreements and arrangements (if any) whether written, oral or implied between the parties relating to the subject matter of this Agreement all of which (if still effective at the date of this Agreement) shall be deemed to have been terminated by mutual consent with effect from the date of this Agreement.
6.2 The User agrees that in entering into this Agreement, they have not been induced to enter into this Agreement by any representation or warranty other than those contained in this Agreement and have freely entered into this agreement. The User agrees that they shall have no remedy in respect of any other representation or warranty except in the case of fraud.7. Governing Law
7.1 This Agreement shall be governed and construed in accordance with English law.
This Policy applies as between you, the User of this Web Site and Uniware Systems Limited the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Cookie" means a small text file placed on your computer by Uniware Systems Limited when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your login details. Further details are contained in Clause 10.
"Data" means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
"Uniware Systems Limited" means Uniware Systems Limited, 84/85 Riverside III, Sir Thomas Longley Road, Rochester, Kent, ME2 4BH;
"Service" means collectively any online facilities, tools, services or information that Uniware Systems Limited makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that Uniware Systems Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Web Site and is not employed by Uniware Systems Limited and acting in the course of their employment;
"Web Site" means the website that you are currently using (www.upaymint.com ) and any sub-domains of this site unless expressly excluded by their own terms and conditions.2. Data Collected
2.13 Cookie information (see clause 10 below).3. Our Use of Data
3.1 Any personal Data you submit will be retained by Uniware Systems Limited for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to Six months.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This does not include our affiliates.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see clause 9 below.
3.4.4 Contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site, applies to Upaymint.com only.4. Third Party Web Sites and Services
Uniware Systems Limited may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Uniware Systems Limited requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.5. Changes of Business Ownership and Control
5.1 Uniware Systems Limited may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.6. Controlling Access to your Data – applies to Upaymint.com only
6.1.2 sharing Data with third parties.7. Your Right to Withhold Information
7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
8.2 You have the right to ask for a copy of your personal Data on payment of a small fee.9. Security
9.1 Data security is of great importance to Uniware Systems Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.10. Cookies
10.1 Uniware Systems Limited may set and access Cookies on your computer.
10.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.
10.3 You may delete Cookies, however you may lose any information that enables you to access the Web Site more quickly.
10.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.11. Changes to this Policy