Terms and conditions
Here are the terms and conditions for the skip the queue WioPay app.
By installing or using the WioPay application (the "Application"), you are indicating your agreement to these terms. If you do not agree to them or are unable to comply with them, you should not install or use the Application.
These terms are v2.0 and were last updated on 13th October 2016.
Summary of Terms
1. WioPay services and use of your data
Our skip the queue Application aims to facilitate the retrieval and payment of your bill or placing the orders at merchants.
In order for you to register with WioPay, we collect your phone number. For security purposes, you must also set password and a PIN. In order to pay the merchant, you must input payment card details which are processed and stored by a third party payment services providers (“Payment Services Providers”). You will receive information in the Application to indicate your payment has been successful.
2. Your rights and obligations
You may install and use a copy of the Application on your 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, and must have authority to use the payment card details which you provide.
We do not charge for use of the Application, but you are responsible for making all arrangements and payment necessary for you to access our services using the Application.
3. Limitations on our liability
We may withdraw our services at any time. The Application is 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 merchant bills or orders.
4. Contacting us
You may contact WioPay by emailing us at email@example.com.
These terms form a legal agreement (the "Agreement") between you and Private Limited Liability Company WoraPay, or/and brand name “WioPay”, legal entity code 302308715 ("WioPay", "we" or "us"). This Agreement can be accessed at www.wiopay.com or within the Application. You may also contact WioPay at: firstname.lastname@example.org to receive a copy of these terms.
1.1."Services" means the WioPay services and content which you may access by means of the Application. These aim to facilitate payment of your bill or orders at merchants. 1.2. WioPay is not responsible for the delivery or quality of the merchants’ services or the amount of the bill or order, and WioPay cannot process any refunds. You should discuss any such issues directly with the Merchant.
2. Registration and eligibility
2.1. In order to access the Services, you must register with us and create a profile. This is done by providing the phone number of your mobile device. See our privacy notice for details of how this information is used. Information you provide during registration can be changed at any time from within the Application.
2.2. For security purposes, you must also set a password and PIN. You should keep your WioPay password and PIN confidential. Any use of the Application or the Services using your mobile device or password or PIN will be your responsibility. Your password and PIN can be reset at any time from within the Application.
2.3. The Services are not intended for users of under 18 years of age. If you are under 18 years, you are not permitted to create/have a profile and/or to receive the Services. You shall take full responsibility for submitting correct personal data and/or for any use of Services.
2.4. If you lose or replace your mobile device, you can login to the Services on a new mobile device using your old phone number, and then change your password and PIN and (if required) your phone number within the Application. Alternatively, please contact us at email@example.com to disable your live profile.
3. Payment card details
3.1. In order to pay a merchant bill or order using the Application, 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.
3.2. Payment processing services are provided by a Payment Service Provider. By inputting payment card details, you are consenting to use of such details by Payment Services Providers and us for the purpose of paying your bill and processing your payment.
3.3. WioPay is responsible for the security of transmission of your card data to Payment Services Providers. Your card details will be securely collected, transmitted, and protected in accordance with PCI DSS requirements and local legislation.
3.4. Your card details will be securely stored by Payment Services Providers for ease of use in future transactions using the Application. WioPay does not store your card details on its systems, although holds a token which retains some of the digits. This enables you to identify the appropriate card in future transactions. WioPay ensures that all Payment Services Providers collects, transmits, stores and protects your card details in accordance with PCI DSS requirements. You may remove payment cards from the Application at any time.
3.5. Payment transactions are either between you and the merchant directly or you and the WioPay. WioPay has a right to receive your payment on behalf of merchant. In such case, the money is collected by WioPay and WioPay is responsible for ensuring timely payments to the merchant.
4. Your use of the Application and Services
4.1. We grant you a non-exclusive, non-transferable licence to install and use a copy of the Application on your mobile device for the purpose of accessing and using the Services, in accordance with the other terms of this Agreement.
4.2. You may not:
4.2.1. sub-license, assign or transfer your rights or obligations under this Agreement nor permit use of the Application by any other person; nor
4.2.2. access and use the Services using any interface other than that provided by the Application.
4.3. You acknowledge that the Application and the content of the Services are protected by copyright, database rights, trade marks and other intellectual property rights of us and our other licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
4.4. You may not use the Application or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, may not:
4.4.1. 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 this Agreement); nor
4.4.2. modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Application or any content or software element of the Services; nor
4.4.3. remove any copyright or proprietary notices on the Application or the content of the Services; nor
4.4.4. use, distribute or disclose confidential, personal or sensitive information within the content of the Application or the Services without appropriate authority; nor
4.4.5. export the Application in breach of applicable export control or other laws relating to the export of technology and software; nor
4.4.6. make any unlawful or unauthorized use of our (or our service providers’) equipment, networks, systems or software (including attempting to gain unauthorized access, introducing any computer virus or malware, or inhibiting their operation).
5. Duration and termination
5.1. This Agreement will remain in effect during the time that you use the Application or the Services or have the Application installed on any device.
5.2. You may request removal of your live profile at any time by sending an email to us at firstname.lastname@example.org.
5.3. 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 any term of this Agreement, or if we cease to offer (or change the way in which we offer) the Application or the Services. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension.
6. Extent of the Services
6.1. 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 or order and the amount you are paying.
6.2. Inclusion of information or advertisements relating to restaurants or food outlets does not constitute any recommendation or endorsement by us of the relevant restaurant or food outlet or its services.
7. Other third party services
7.1. Our Services may contain links to websites provided by third parties, and we are not responsible for the availability, accuracy or content of third party websites.
8. Content provided by you
8.1. You agree that you:
8.1.1. 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
8.1.2. will not upload or transmit to our (or our service providers’) 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).
8.2. You should not rely on our Services for storage or maintenance of information and, in particular, should create your own records of bills and orders paid 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.
9. Requirements for your mobile device
9.1. Access to the Services relies on you being able to receive data over the internet via Wifi or 3G connection, using your mobile device and the Application. Whilst we do not make charges for your use of the Application, you are responsible for making all arrangements and payments necessary for you to access the Services using the Application, including internet and network connections, an appropriate 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 or Services.
10. Limitations of liability
10.1. Except as may be expressly set out in this Agreement, all conditions, representations and warranties relating to the Application and the Services and are excluded to the maximum extent permitted by law.
10.2. We shall not be liable for any defects or errors in the Application 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.
10.3. Neither we nor the Operator shall be liable for:
10.3.1. any loss, damage or distress arising from reliance on information or reliance on availability of services; nor
10.3.2. any loss of business, customers or profits; nor
10.3.3. any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorized use of or damage to your data or content), which you suffer in relation to this Agreement, or your use of the Application or the Services. As the Application and Services are provided free of charge, you agree that such exclusions of liability are reasonable.
10.3.4. Without prejudice to other limitations on our liability (including clause 10.4) our total liability to you arising in relation to your use of the Application and the Services in any 12 months period shall be limited to £500.
11.1. We may make changes to the Services, this Agreement or the terms on which you may use the Application or the Services at any time at our absolute discretion. Depending upon the changes we may require you to read and accept a new agreement for you to continue to use the Application and the Services.
11.2. 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 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 this Agreement.
12. Privacy notice
12.2. In particular, please note that we may collate data relating to your merchant visit from your use of the Application and Services, from the merchant’s records and may combine your registration information. This data may be used for analysis and statistical purposes and we may share anonymized statistics and results of analysis with merchants. We may also share your contact details, provided during registration, including your phone number, to the merchant in order for him to reach you in case of any issues related to provision of Services. Subject to obtaining your consent, the merchant may also use such information for sending you marketing communications.
12.3. If you have any concerns in relation to the way we are using your personal data please contact us at email@example.com.
13.1. All provisions of this Agreement 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.
13.2. Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you, the Operator or us up to the date of termination.
13.3. No provision of this Agreement is intended to be enforceable by any person other than you and us.
13.4. We may, without your consent, sub-contract provision of the Application and the Services or sub-license our rights under this Agreement to the Operator or our third party service providers.
13.5. We may, without your consent, assign or transfer any or all of our rights and obligations under this Agreement to the Operator or any successor in title of all or part of the Application, the Services, or intellectual property or other rights or obligations subsisting in relation to the same.
13.6. Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
13.7. The terms of this Agreement 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.
13.8. If any provision of this Agreement 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.
13.9. This Agreement is 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.
14. Restrictions on products
14.1. If orders or bills paid include purchase of any restricted products (e.g. alcohol, tobacco, etc.) those can only be made and collected by persons aged 18 years or over. Merchants operate strict age verification procedures to ensure such restricted products are only supplied to persons aged 18 or over. Merchants may require you to present document (ID, driving licence, passport, etc.) in order to verify your legal age.
14.2. If orders or bills paid include purchase of any products or services that are subject to special discounts or special/reduced price (e.g. reduced ticket) you must provide merchant with a valid document in order to verify that you have a right to benefit form a discount or reduced price.
14.3. Please note that merchants have a right to restrain from certain operations and/or provision of certain services at their own discretion, in case you are not able to provide required proofs/documents.