ScribePay Terms and Conditions 

These terms and conditions govern your use (“you”, “your”) of the ScribePay application and related services (“Terms”).

1.THESE TERMS AND INFORMATION ABOUT SCRIBEPAY

1.1 The parties. These Terms apply between you and ScribePay Limited  (“ScribePay”, “we” “our”), a limited liability company registered in England and Wales having our registered office at 9 Perseverance Works, Kingsland Road, London, E2 8DD .

1.2 Your agreement to the Terms. You acknowledge and agree that by submitting your registration to use our services or by using any part of the ScribePay services, you signify that you have read, understood, and agree to be bound by these Terms and any additional terms referenced in this agreement. If you do not accept these Terms, you are not permitted to use the ScribePay application or services.

2. SCRIBEPAY SERVICES

2.1 We own and provide the ScribePay application made available by ScribePay for access through the ScribePay website available here (the “ScribePay Website”), download or any such other method as provided by us from time to time (the “ScribePay App”).

2.2 Your “ScribePay Card” is a non-physical prepaid debit card and its use is limited to online, phone or mail order purchases as described in the Virtual Card Terms (as defined below). Credit cards or charge cards are not available. Your ScribePay Card is issued by the Virtual Card Issuer (defined below) in accordance with the Virtual Card Issuer’s licence from Mastercard. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Your ScribePay Card remains the property of Virtual Card Issuer.

2.3 Your “ScribePay Account” is a ‘virtual’ account that holds your e-money issued by the E-Money Issuer (defined below) . We use the term “money” to refer to e-money.

3. FREE AND PREMIUM USERS

3.1 User account categories. These Terms outline the conditions on which you may make use of the ScribePay Services (defined below) where:  

  (a) you have opened an account as a registered user for the ScribePay App but have not paid the Premium Fee (as outlined on the Fees and Limits page (available here) and as such do not have access to the ScribePay Card or ScribePay Account, in which circumstances you shall be a “Free User”; or

  (b) you have opened the account as a registered user for the ScribePay App and have paid the Premium Fee and as such have access to the ScribePay Card and ScribePay Account, in which circumstances you shall be a “Premium User”.

3.2 The “ScribePay Services” as used in these Terms means:

  (a) in the event you are a Free User, access to the ScribePay App; or

  (b) in the event you are a Premium Member, access to the ScribePay App, ScribePay Card and ScribePay Account.

4. THIRD PARTY SERVICES USED BY THE SCRIBEPAY SERVICE

4.1 Third Party Providers. We utilise certain third-party providers to provide the ScribePay Service to you, including a Virtual Card Issuer, E-Money Issuer and Program Manager (defined below). These third-party providers are utilised by us as follows:

(a)The ScribePay Card is provided by Transact Payments Limited, a company incorporated in Gibraltar with registered address 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA company registration number 108217, and authorised by the Gibraltar Financial Services Commission as an electronic money institution, the “Virtual Card Issuer”;

(b)Your ScribePay Account is provided by Modulr FS UK Limited, a company incorporated and registered in England and Wales with company number 09897957 the “E-Money Issuer”; and

(c)All core programme management services including KYC and compliance checks, fraud management services and card processing activities are provided by or are procured via our partner, Lerex Technology a company incorporated and registered in England and Wales with registration number 09829039 and registered address Abacus House, Caxton Place, Cardiff, CF23 8HA, the “Program Manager”,

(the “Third Party Providers”).

4.2 Third Party Providers’ terms and conditions. You acknowledge that your use of such third party services will be subject to the applicable Third Party Provider’s terms and conditions and privacy policies as follows:

  (a)The “Virtual Card Terms” available here;

  (b)The “E-Money Terms” available here; and

  (c) The Third Party Providers’ privacy policies available TPL, Lerex .

4.3 Technical issues. If you are having technical issues with any of the Third Party Providers, you should address such issues relating to such Third Party Provider directly.

4.4 Right to use/change Third Party Providers. We reserve the right to use other Third Party Providers and/or change the current Third Party Providers from time to time upon providing you reasonable notice.

5. ACCESSING THE SCRIBEPAY APP

5.1 Registration. To access and use the ScribePay Services, you must:

  (a) have read, understood and agree to be bound by these Terms, the ScribePay Website terms (available here ) and our Privacy Policy (available here );

  (b) be at least 18 years old and resident in the United Kingdom;

  (c) register and set up a user account with a username and password;

  (d) successfully pass the KYC process outlined in clause 6; and

  (e) in the event you are a Premium User:

(i) pay the Premium Fee; and

(ii) have read, understood and agree to be bound by the Virtual Card Terms and E-Money Terms.

5.2 Your information. You warrant that all information you provide to us during registration to use the ScribePay Services, and that is otherwise provided or uploaded by you (or on your behalf) via the ScribePay App is true and accurate at all times. You agree that you will provide us with any additional information that we may reasonably require to verify your identity or details you provided during registration.

5.3 Login Details. You are responsible for maintaining the confidentiality of your login details and any use of the ScribePay Services. You must keep your ScribePay Services credentials safe. You must maintain adequate security and control of any and all devices, other credentials, IDs, passwords and personal identification numbers / codes that you use to access your ScribePay Services. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. If you have any concerns that your credentials may have been misused, you should contact us at hey@scribepayments.co.uk to let us know.

 

5.4 No liability for unauthorised use of your login credentials. ScribePay accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 5.3.

6. KNOW YOUR CLIENT

6.1 KYC compliance. As further detailed in our Privacy Policy, information you provide to us for KYC purposes will be used to carry out sufficient and risk-based due diligence checks as required under respective anti-money laundering and know your customer (“KYC”) legislation.

6.2 KYC Verification.  On request by us, you will provide us or our Program Manager with anti-money laundering and know your customer KYC verification and checks. We or our Program Manager may collect the required information from you in accordance with our Privacy Policy. 

6.3 Additional KYC. We are entitled to request further information as required by applicable KYC legislation. You warrant to provide such additional information as and when requested and that such information is true, accurate and complete.

7. MANAGING YOUR SUBSCRIPTIONS

 

7.1 Through the ScribePay App, you can view information on subscriptions you have for products and services, including the amount and renewal dates (“Subscriptions”). How this information is generated in the Scribe Pay App may be different depending on your account type.

 

7.2 Free User subscription management. Free Users must enter any Subscription information manually through the ‘Add Subscription’ section of the ScribePay App.

 

7.3 Premium User subscription management. Premium Users simply need to pay for each Subscription using the ScribePay Card. We’ll then use your transaction information from your ScribePay Account  (meaning information like your card details, transaction information, and information provided by you on your account) to provide insights and analysis of your Subscriptions including how long until your subscription renewal date.

 

7.4 Use of your information. Full details on how we use your transaction information for these services and other purposes are set out in our Privacy Policy. 

 

7.5 Cancelling your Subscriptions. You can cancel any Subscriptions or decline payments from any Subscriptions within the ‘Update Subscription’ section of the ScribePay App. It is your responsibility to ensure that cancellation or non-payment of any Subscription is in accordance with the agreement you hold with the Subscription provider, we have no liability for any losses you may incur under such agreements.

 

8. YOUR SCRIBEPAY CARD

8.1 Please see the following sections of the Virtual Card Terms to find out more about:

 

  (a) how to activate your ScribePay Card (Section 3)

  (b) using your ScribePay Card (Section 6)

  (c) how to authorise transactions (Section 7)

  (d) how to manage and protect your ScribePay Card (Section 8)

  (e) how to cancel your ScribePay Card (Section 9)

  (f) security protection when using your Scribe Pay card (Section 10)

  (g) when your ScribePay Card will expire (Section 11)

  (h) when your ScribePay Card may be terminated or suspended (Section 12)

  (i) what to do in the event your ScribePay Card is stolen or lost (Section 13)

  (j) what to do in the event you dispute a transaction made on your ScribePay Card (Section 15)

  (k) liability in relation to your ScribePay Card (Section 16)

  (l) what to do if you have a complaint in relation to your ScribePay Card (Section 17)

  (m) who to speak to in relation to your ScribePay Card (Section 18)

  (n) how your personal data is used by the E-Money Issuer (Section 19)

 

9. YOUR SCRIBEPAY ACCOUNT

9.1 Please see the following sections of the E-Money Terms to find out more about:

 

  (a) account limits in relation to your ScribePay Account (Section 2)

  (b) your ScribePay Account (Section 5

  (c) third party access to your ScribePay Account (Section 6)

  (d) closing your ScribePay Account (Section 7)

  (e) your liability and authorisations in relation to your ScribePay Account (Section 8)

  (f) disputes and incorrect transactions on your ScribePay Account (Section 9)

  (g) termination or suspension of your ScribePay Account (Section 11)

  (h) liability of the E-Money Issuer (Section 12)

  (i) how the E-Money Issuer uses your information (Section 13)

  (j) what to do if you have a complaint in relation to your ScribePay Account (Section 14)

 

 

10. HOW IS YOUR MONEY SECURED?

10.1 Safeguarding of your money. When a payment is received for your ScribePay Account, or you add money to it, the equivalent value of e-money is added into your ScribePay Account. Your money is never lent to anyone else. This is called safeguarding and helps to protect you and your money. If the E-Money Issuer were to become insolvent, your funds are protected and repaid to you from their ring-fenced accounts. 

 

10.2 Responsibility for safeguarding. The E-Money Issuer will be responsible for safeguarding the e-money in your Scribe Pay Account. As your ScribePay Account is an e-money account, the law doesn’t let the E-Money Issuer pay you interest, and the money in your ScribePay Account is not covered by the Financial Services Compensation Scheme. No other compensation schemes exist to cover losses claimed in connection with your ScribePay Account. If the E-Money Issuer becomes insolvent, your money is safeguarded under the UK Electronic Money Regulations 2011. These cover the legal obligations of electronic money institutions and are designed to protect money held in electronic money accounts like your ScribePay Account.

 

11. ADDING MONEY TO YOUR SCRIBEPAY ACCOUNT

 

11.1 Account Limits. There are a few ways to add money to your ScribePay Account, as long as they’re within any limit that applies in relation to your Scribe Pay Account and/or Scribe Pay Card (“Account Limits”) as set out on our Fees and Limits page. There may be a fee for the method you choose, which you can find on our Fees and Limits page.

 

11.2  Adding money. You can add money to your ScribePay Account (also called “Inbound Payment Methods”) by:

 

  (a) topping up with a debit card in your name that you’ve registered with us. This method means you can instantly top-  up your ScribePay Account and you can also set up automated top-ups. Automated top-ups means that you can set your top-up preferences once and the top-up will recur automatically according to your selected criteria. When you create an automated top-up request, you need to authorise the first top-up and you are also agreeing for the top-up to recur automatically. For our security purposes, we may ask you to authorise a subsequent top-up in the series at a certain point in time or after you have reached a maximum number of automated top-ups; and

 

 (b) the local transfer methods displayed in your ScribePay App. When you add money by bank transfer, you must use your ScribePay Account details as shown in your ScribePay App. When the money is received, the equivalent value of e-money will be added to your ScribePay Account.

 

11.3 Where to find instructions. To add money to your ScribePay Account, you’ll need to follow the instructions in your ScribePay App. The list of Inbound Payment Methods above is not a final and complete list and we can change or stop any of these methods at any time without informing you. Check your ScribePay App to see the ways you can add money to your ScribePay Account.

 

11.4 Third party considerations. Some of the Inbound Payment Methods that we offer to you from time to time depend on the services of third parties. You may have to agree to the terms and conditions of these third parties before you can use them.

 

12. SITUATIONS WHEN MONEY MIGHT NOT BE ADDED TO YOUR SCRIBEPAY ACCOUNT 

12.1 When money may not be added. Money might not be added to your ScribePay Account if:

 

  (a) your ScribePay Account has reached the maximum value of unspent funds loaded onto your Scribe Pay Account and available for your use (“Available Balance”) or Account Limit;

 

  (b) your ScribePay Account is inactive or blocked;

 

  (c) the sender of the money has not given correct/valid ScribePay account details for your ScribePay Account;

 

  (d) fraudulent activity is suspected on your ScribePay Account; or

 

  (e) to do so is prohibited by applicable laws.

 

If any of the situations above apply, the money may be returned to the sender without notifying you.

 

12.2 Limits on the use of your ScribePay Card and Account. You must not use your ScribePay Account for any of the reasons below:

 

  (a) in relation to any of the following services: Tinder (or any other dating applications), weight loss, medicinal products, political, charities, adult entertainment, gambling, CBD or cigarettes (including electronic cigarettes);

  (b) for any illegal purpose or in any manner that is illegal; or 

  (c) to purchase, send or receive cryptocurrencies. 

  (d If we suspect you’re using your ScribePay Account in a way that doesn’t comply with these Terms, your ScribePay Account may be suspended.)

 

13. SETTING UP A SUBSCRIPTION FROM YOUR SCRIBEPAY ACCOUNT

13.1 Authorising payment for Subscriptions. You can set up a Subscription from your ScribePay Account by giving the organisation you’re paying authorisation to take the Subscription payments from your ScribePay Account using your ScribePay Card.

 

13.2 Timing of payment. Any Subscription payment is usually taken from your ScribePay Account at the beginning of the Working Day (which means Monday to Friday but doesn’t include bank or public holidays in England) that it’s due.

 

13.3 Ensuring you have enough Available Balance. It’s your responsibility to check that you have enough Available Balance before any payment is due. If your ScribePay Account doesn’t have enough Available Balance, any Subscription payment will be rejected.

 

13.4 Cancellation. You can cancel a Subscription taken from your ScribePay Account at any time up to the end of the Working Day before the payment is due. The cancellation will be effective for all future Subscriptions for that payee.

 

13.5 Informing the relevant party of cancellation. You’ll need to inform the organisation taking the Subscription of your cancellation. We will not be responsible if you fail to inform them and they won’t have any claim against us.

 

14. CHECKING YOUR SCRIBEPAY ACCOUNT BALANCE

14.1 Available Balance and transaction history. You can check your Available Balance and transaction history for your ScribePay Account through your ScribePay App. Each payment will have a unique transaction reference.

 

14.2 ScribePay Account statements. Your ScribePay Account statements are available at all times in your ScribePay App. As part of the registration process for your ScribePay Account, we’ll ask whether you consent to us providing your ScribePay Account statement information in this way.

 

15. WHAT FEES DO YOU HAVE TO PAY?

15.1 Fees and Limits. Any fees that we may charge you are set out on our Fees and Limits page.

 

15.2 Invoicing frequencies. If applicable, ScribePay shall invoice you the fees for access to the ScribePay Service payable by you at the frequency specified in the Fees and Limits page.

15.3 Payment timescales. You shall pay the fees within thirty (30) days of the date of the invoice and without set-off, counterclaim or deduction. If any amounts due to us remain unpaid ten (10) days after we issue a non-payment notice to you, such overdue amounts will attract interest at the rate of four per cent (4%) per annum above the base rate of the Bank of England.

15.4 Taxes. The fees invoiced are exclusive of taxes, and you shall also pay applicable taxes and duties (including withholding taxes, value added tax, or other taxes but excluding income taxes imposed on us) at the same time as you pay the fees.  If required by local law, we will provide a tax invoice that satisfies local law requirements

15.5 Annual statement. An annual statement of the fees you have paid in respect of your ScribePay Account will be available to you.]

 

16. your responsibilities to us

16.1 Breach of terms and your responsibility for losses. You may be responsible for our losses. If you’ve broken these Terms or have acted fraudulently and this has caused us to suffer a loss, the following will apply:

 

  (a) you will be responsible for any losses we suffer as a result of your actions or omissions (we’ll try to keep the losses to a minimum); 

  (b) if your actions result in us losing profits, you may also be responsible for those losses. You won’t be responsible if this would mean that we’re compensated twice for the same loss; and

  (c)you will also be responsible for any reasonable legal costs that arise as a result of your actions or omissions.
If you owe us money, we can take the amount you owe us from any amount that we’re due to pay to you. We call this our right of set-off.

 

17. Our responsibilities exclusions and limitations

17.1 Exclusions and limitations. Except for our responsibilities to you that we can’t exclude or limit, our liability to you in connection with these Terms (whether in contract, tort including negligence, breach of statutory duty or otherwise) is excluded and limited in the following ways:

 

  (a) we’re not responsible for any losses resulting directly or indirectly from any cause beyond our control, including but not limited to a lack of funds and/or failure of network services and failure of data processing systems;

  (b) we are not responsible for any losses resulting directly or indirectly from your failure to maintain adequate security and control of any and all devices, other credentials, IDs, passwords and personal identification numbers / codes that you use to access your ScribePay Services;

  (c) we're not responsible for any loss of profits, loss of business, (in each case whether direct or indirect) or for any indirect, consequential, special or punitive losses;

  (d) we're not responsible for any losses as a result of you not being able to access the ScribePay App on your device or by other means;

  (e) we’re not responsible for any losses where applicable laws mean we must break these Terms;

  (f) we’re not responsible for any losses as a result of you breaking these Terms;

  (g) we're not responsible for and do not in any way guarantee the availability of any third party services or websites, and any access from the ScribePay App will be on an “as is” and “as available” basis. We do not give any warranty or guarantee that any third party websites are free from viruses;

  (h) we’re not responsible for any material or content on any third party website that you access through the ScribePay App; and

  (i) in all other circumstances, our liability is limited to a refund of your Available Balance.

 

17.2 Applicability of exclusions and limitations to Third Party Providers. The above exclusions and limitations in this section apply to any responsibility or liability of the Third Party Providers, our affiliates and partners, such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any) to you, which may arise in connection with these Terms.

 

18. Responsibilities to you we won't exclude or limit

18.1 Nothing in these Terms excludes or limits our liability:

 

  (a) for death or personal injury resulting from our negligence or fraud; or 

  (b) to the extent that such liability can’t be limited or excluded under applicable laws.

 

19. THE SCRIBEPAY APP

19.1 ScribePay App content and functionality. To the fullest extent permitted by law, the ScribePay App, its content and functionality, are provided on an “as is” and “as available” basis, and we make no warranty, representation or guarantee whether express, implied or statutory, with respect to the ScribePay App, its content, functionality or availability. Access to the ScribePay App may be suspended temporarily and without notice in the case of system failure, emergency maintenance, emergency upgrades or emergency repairs.

19.2 ScribePay App downtime. Without limitation to clause 19.1, the ScribePay App will be unavailable, and no transactions will be permitted to take place, during: (i) the time ranges notified to you in advance by ScribePay, to allow ScribePay to carry out planned maintenance, upgrades or repair (“Agreed Maintenance Window”); and (ii) any period outside the Agreed Maintenance Window where unscheduled maintenance, upgrades or repair is performed, provided that ScribePay has used reasonable endeavours to give you advanced notice.

19.3 Monitoring and investigation of potential misuse of ScribePay App. ScribePay may, but is not required, to monitor and/or review your use of the ScribePay App. If ScribePay becomes aware of any possible violations by you of any provision of these Terms, ScribePay reserves the right to investigate such violations. You acknowledge that we have limited control over any user content uploaded/hosted as part of provision of the ScribePay App and we do not purport to monitor the content. You are solely responsible for quality/accuracy of content and the legality by which it acquired relevant data.

19.4 ScribePay App updates. From time to time, ScribePay may (without notice and at ScribePay’s sole discretion) introduce updates to the ScribePay App, for example to introduce new and/or improved functionality. We may require you to update the ScribePay App in order to continue using the ScribePay App.

19.5 Customisation and compatibility. ScribePay is not obliged to customise any part of the ScribePay App to ensure compatibility with any third party software.

20. DATA PROTECTION

20.1Processing personal data. We will process your personal data in accordance with our Privacy Policy (available here).

20.2 Please read third party privacy notices. When you access services of third parties and our integration partners, they will process personal data to provide the services to you and for other purposes. For more information please refer to third party privacy notices, including the privacy notices of our Third Party Providers [INSERT]. 

20.3 Data Security. Further information about how we secure your data can be found in our [INSERT].

21.USE RESTRICTIONS 

21.1 You are responsible for complying with the law. You are responsible for ensuring that you comply with all applicable legislation. 

21.2 Do not commit fraud. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent, illegal or otherwise dishonest activities in relation to the ScribePay Service. In the event of suspected fraud, we may contact you using the contact details you provided to us during the ScribePay registration process and may share your data with third parties (such as law enforcement officials) without your consent for the purposes of preventing or detecting fraud.

21.3 Do not misuse ScribePay. You must only use the ScribePay App for its intended purposes and in accordance with these Terms and ScribePay’s documentation (available on the ScribePay Website) governing the use of the ScribePay App. ScribePay is not responsible for any damage or loss you suffer as a result of misusing the ScribePay App. You must not use or access the ScribePay App in order to build a competing product or service and any features of the ScribePay App or the ScribePay Service which you can access only through use of the ScribePay Service shall be deemed to be the confidential information of ScribePay.

21.4 Do not publish offensive or malicious content. You will not publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any individual, entity or other third party or that is unlawful, misleading, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the ScribePay App by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction. You are also responsible for ensuring that any data that you upload to the ScribePay App does not contain any malicious content or technologically harmful material which could damage ScribePay’s systems or compromise the ScribePay App and/or ScribePay Service.

21.5 No spamming. Do not publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) on the ScribePay App or to any other user of the ScribePay App.

21.6 Do not do anything to bring ScribePay into disrepute. You will not publish or disseminate any material that brings or may bring ScribePay into dispute or disrepute or in any way damages the standing or reputation of either ScribePay or the ScribePay Service.

22. SECURITY

22.1 Do not hack or misuse the ScribePay App. You must not misuse the ScribePay App by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ScribePay App, the server(s) on which the any part of the ScribePay App is hosted or any other server, computer or database connected to the ScribePay App, or to reverse engineer or decompile it (except to the extent expressly permitted by law). You must not attack the ScribePay App via any form of denial-of-service attack.

22.2 Hackers will be prosecuted. By breaching clause 22.1, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

22.3 Anti-virus measures. We use reasonable endeavours to ensure that the ScribePay App is secure and does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that the ScribePay App will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the ScribePay App. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious or technologically harmful code on your device.

22.4 Do not upload malicious content. You are responsible for ensuring that any data that you upload to the ScribePay App does not contain any malicious content or technologically harmful material which could damage ScribePay’s systems or compromise the ScribePay App and/or ScribePay Service.

23. YOUR CONTENT

23.1 Your Content. You confirm that any images, text, documents and/or data you share, upload or otherwise provide ScribePay in relation to these Terms or your use of the ScribePay Services including via any in-app chat support (“Your Content”) will not breach these Terms.

23.2 You grant us a licence to use your data. We do not claim ownership in Your Content and ownership will remain with you (or the relevant third party owner). You grant ScribePay a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use your data for the purpose of providing the ScribePay Service, including but not limited to displaying, distributing, adapting, publishing, copying, editing, exploiting and creating derivative data relating to all such data (including, where applicable, allowing other users to see Your Content). 

23.3 Your ownership of Your Content. You warrant that you are the owner of Your Content or you are otherwise authorised to grant us the above licence for any of content owned by a third party that you include in Your Content.

24. INTELLECTUAL PROPERTY RIGHTS

24.1 We own or license all intellectual property in the ScribePay Service. ScribePay (or our licensors, as applicable) owns all intellectual property rights in the ScribePay Service, all content displayed on the ScribePay App, including but not limited to all trade marks, patents, copyrights, database rights and other intellectual property rights of any nature and all underlying software code (“ScribePay Content”). Those works are protected by copyright laws and treaties around the world. No right, title, or interest in or to the ScribePay Content is transferred to you, and you are only granted the limited use rights set out in these Terms.

24.2 Licence to use the ScribePay App. As long as you comply with these Terms, ScribePay grants you a limited, non-exclusive, non-transferable, revocable licence for the term of these Terms to access and use the ScribePay App for your personal use only.

24.3 Do not copy or redistribute the ScribePay App or any content in the ScribePay App. You must not copy, scrape, extract, reproduce, modify, license to any third party, or sell or offer to sell to any third party any data from the ScribePay App including the ScribePay App itself. You agree not to use, or cause to be used, any manual or automated program, tool, or process, (including any scraper or spider robot), to extract, scrape, data mine, transmit, or publish, any part of the ScribePay App.

24.4 Do not interfere with any trademarks or copyright. You will not interfere with or attempt to remove any trademark or copyright notices from any content on the ScribePay App.

24.5 Derivative works. ScribePay shall own all intellectual property rights in any derivative works created by ScribePay from any data you share with ScribePay or submit or upload as a result of using the ScribePay App and you waive any moral rights that you may have in any such data.

24.6 Transactional Information. Your “Transactional Information” is information about the way you use the ScribePay App, any transactions you make or are involved in and any suggestion, enhancement request, recommendation, correction or other feedback. We shall have the right to collect and retain such Transactional Information in order to provide the ScribePay Service and any other ancillary services, as further detailed in the Privacy Policy. As such, you grant to us a worldwide, perpetual, irrevocable, royalty-free licence (with a right to grant sub-licences) to use and create derived data from the Transactional Information.

25. SUSPENSION AND TERMINATION

25.1 If you breach these Terms. ScribePay is entitled to immediately temporarily or permanently withdraw your right to use the ScribePay App, ScribePay Website, any other ScribePay services  and terminate any or all of these Terms, Website T&Cs, Privacy Policy and revoke the licence and rights granted in clause 24.2, (including disabling your login credentials), if you fail to comply with any provision of these Terms.

25.2 Temporary restrictions. ScribePay may temporarily suspend your login credentials if we suspect or detect (in our sole opinion) any suspicious or illicit activity (e.g. unusual login attempts).

25.3 Consequences of Termination. Following termination of these Terms for any reason:

  (a)you shall immediately pay to ScribePay any fees due to ScribePay under these Terms or any other applicable terms at the date of termination; and

  (b)you shall (at your cost) return (or at our option, destroy) all copies any confidential information specified by ScribePay which are in your possession

  (c)the rights granted in clauses 23.2 and 24.6 shall persist post termination.

25.4 Rights prior to termination. The termination for any reason of these Terms shall not affect any right and/or liability of any party which has accrued before expiry or termination, or the continuance in force any provision of these Terms which expressly or by implication is intended to survive termination.

26. Variation

26.1 We may change the terms of this Terms, including but not limited to changes: 

  (a) to reflect applicable legal or regulatory requirements; or

  (b) to reflect changes in the cost of running our business; or

  (c) because we’re changing or introducing new services or products that affect our existing services or products covered by these Terms; or

  (d) if we think it’ll make them easier to understand or more helpful to you; or

  (e) to explain the way our business is run (for example, if the change is needed because of a change in the way any financial system or technology is provided).

26.2 Provision of notice and updated Terms. We may change these Terms as outlined above, including any Fees and Account Limits, by giving you notice by e-mail (provided you’ve given us an up-to-date e-mail address). We’ll also add the most recent version of these Terms to the ScribePay App. If you don’t agree with a change we plan to make to these Terms, including any Fees and Account Limits, you can tell us within the applicable notice period (detailed below) before we make the change that you’d like to close your ScribePay Account and end your Terms. Otherwise, we’ll assume you agree with the change.

26.3 The notice period. The amount of notice will depend on the type of changes we are making. All changes related to payment services and e-money including Fees and Account Limits, we will give you two months’ notice. Otherwise, we can make the change by telling you beforehand.  We may add a product or service straight away if it doesn’t change the terms relating to your ScribePay Account, but we’ll always let you know before you use it. 

27. GENERAL

27.1 Interpretation. In these Terms, unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

27.2 Assignment. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.

27.3 No rights for third parties. These Terms do not give rise to any rights for a third party to enforce any of these Terms, except as expressly set out in these Terms.

27.4 Publicity. During the term of these Terms, we shall be entitled to publicise the fact that these Terms has been entered into between us and if applicable, to reference your name and logo on our promotional materials.

27.5 No waiver. If ScribePay do not insist immediately that you do something you are required to do under these Terms, or if ScribePay delay in taking steps against you in respect of you breaching these Terms, that will not mean that you will not have to do those things, and it will not prevent ScribePay from taking steps against you at a later date. 

27.6 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

27.7 Governing law and jurisdiction. These Terms (and any non-contractual obligations arising out of or in connection with these Terms and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England. Notwithstanding the foregoing, if you are acting as a consumer (as defined under applicable laws) when entering into these Terms, you shall have the right to bring and defend claims in the courts located in your home jurisdiction.

28. CONTACT DETAILS

28.1 How we may contact you. If ScribePay need to contact you, we may do so using the contact details you provided upon registration with ScribePay.

28.2 ScribePay’s contact details. You can contact ScribePay using the following details:

Email: hey@scribepayments.co.uk

In-app chat support. If made available to you, you can also contact us by using the in-app chat support function within the ScribePay App. The ScribePay customer support team will normally respond to requests within one (1) busines