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PPS Terms and Conditions

PPS Terms and Conditions

Important information you need to know about this Agreement

Please read this Agreement carefully before you activate your Account or use any of our services. This information forms the agreement for your SPRIVE Account including any associated payment services that we may provide to you. By confirming that you accept the terms of this Agreement, or using our services, you accept the terms of this Agreement, which shall apply to the scope of services as and when applicable. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 19 of this Agreement.

1. Definitions

    Account means your electronic money account(s) held with PPS which is accessible via the App.

    Account Details means any details related to your Account, such as, but not limited to, Sort Code and Account Number.

    Account Information Services means an online service that provides consolidated information on accounts held by you with one or more payment service providers such as banks.

    Account Information Services Provider means a third-party payment service provider, which is authorised by its Regulator, to provide Account Information Services with your explicit consent, and under a separate agreement that you have signed with them.

    Account Limits means maximum limits that you can have in relation to the Account, such as the Account Maximum Balance and limits on transactions as referred to in paragraph 2.

    Account Maximum Balance means the maximum balance you can have on your Account as referred to in paragraph 2.

    Account Number means your unique personal account number associated with your Account, and is found in your App.

    Account Owner means you, the individual legally responsible for an Account.

    Agreement means this agreement as varied from time to time.

    App means the SPRIVE App provided to you by the Programme Manager in accordance with the Programme Manager Terms.

    Authorised Third Party Provider means an Account Information Service Provider and/or a Payment Initiation Service Provider.

    Automatic Payments means Direct Debits, Standing Orders and Future Dated Payments.

    Available Balance means the value of available funds in your Account.

    BACS Credit means BACS Direct Credit being a service enabling organisations to make payments to an account, which takes three Working Days for the funds to be cleared.

    CHAPS means Clearing House Automated Payments System, a bank-to-bank technology which enables same-day payments to be made within the UK, provided the payment instruction is received by the sending bank or organisation before a certain time.

    Customer Services means the team responsible for supporting queries relating to your Account. Contact details for Customer Services can be found in paragraph19.

    Data Protection Laws means the Data Protection Act 2018, General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and any applicable replacement laws or regulations as may be in force and applicable, from time to time.

    Direct Debit means a service allowing a third-party to collect pre-authorised funds from your Account electronically on agreed dates, for example to pay bills.

    EEA means the European Economic Area, which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.

    E-money means the electronic money associated with your Account.

    Faster Payment means a service allowing you to make and receive electronic payments in the UK in GBP, which are received by the recipient bank within 2 hours, provided that the receiving organisation or bank is part of the Faster Payments scheme.

    Future Dated Payments means individual, one-off, Payments set up to be made at a future date which will be received by the recipient bank on the day specified.

    High Value Payment means a bank transfer of funds into the Account or a payment received that is higher than those permitted by the Account Limits.

    Information means any information related to your Account.

    Passcode means the passcode or thumbprint or other method you use to identify yourself and which is used for authorising any payments from the Account on the App.

    Payment means a payment made via Faster Payments, Direct Debit, BACS Credit or CHAPS.

    Payment Details means the details you provide to enable funds to be received into your Account or the details that you provide in order to send funds from your Account.

    Payment Initiation Services means an online service which accesses the App to initiate a Payment Instruction on your behalf.

    Payment Initiation Service Provider means a third-party payment service provider which is authorised by its Regulator to provide Payment Initiation Services with your explicit consent and under a separate agreement which you have signed with them.

    Payment Instruction means an instruction from you or a Payment Initiation Service Provider to make a Payment from your Account.

    PPS means PrePay Technologies Ltd, a company registered in England and Wales with number 04008083, with its head office at 6th floor, 3 Sheldon Square, London W26HY, which can be contacted at PO BOX 3883 Swindon SN3 9EA.

    Programme Manager means Sprive Limited, a company registered in England and Wales with number 12102682 with its head office 6 Golf Close, Bushey, Hertfordshire, England, WD23 2DF.

    Programme Manager Terms means the terms and conditions between you and the Programme Manager which you agreed to when agreeing to this Agreement, a copy of which can be found on the App.

    Regulator means the Financial Conduct Authority in the UK or another European financial services regulator.

    Sort Code means a six-digit number which can be found immediately to the left of your Account Number in your App.

    Standing Order means regular or recurring payments made to a particular person or organisation.

    Strong Customer Authentication means additional security measures to verify that you have authorised certain Transactions or other actions related the use of your Account.

    We, Us, Our means PPS

    Website means www.sprive.com

    Working Day means Monday to Friday, but not including bank or public holidays in England.

    You or Your means you, the person that has entered into this Agreement with PPS.

2. Account Limits

Subject to any further risk assessment requirements, your Account is subject to the following Account Limits. We can change limits at our discretion at any time to comply with our regulatory obligations and to reduce the risk of financial crime. You can contact Customer Services at any time to ask about the limits applicable to your account.

Limit

Notes

Account Maximum Balance

£10K

Maximum Load per Week

£5K

Maximum Amount per Load

£5K

Subject to foregoing load limits

Load Methods

Minimum

Maximum

Faster Payments In

£0.01

£5K

BACS Credit

£0.01

£5K

Bank transfer

£0.01

£5K

3. Scope of this agreement

    3.1 The Account is an electronic money product and the electronic money associated with it is provided by us. We are regulated by the Financial Conduct Authority for the issuance of electronic money (FRN 900010). The Programme Manager is registered with the Financial Conduct Authority as our agent in relation to the services provided under this Agreement.

    3.2 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Account or Payments.

    3.3 You agree that we may communicate with you by e-mail or via the App for issuing any notices or information about your Accounts or Payments and therefore it is important that you ensure you keep your e-mail address updated via the App.

    3.4 If you wish to make use of services provided by an Authorised Third Party Provider on your Account, you may do so provided that you have signed up to use the App and your Account is active. We advise that before using an Authorised Third Party Provider, you ensure that the Authorised Third Party Provider is authorised by a Regulator to provide their services. In the UK, the Financial Conduct Authority’s register (available at https://register.fca.org.uk) will tell you whether a company is authorised. You must provide your explicit consent or share your App credentials with the Authorised Third Party Provider each time an access to your Account is required for them to provide you with their services. You should always consider the implications of sharing your App credentials and your personal information.

    3.5 If an Authorised Third Party Provider requests access to your Account to provide you with their services using your App credentials, we will assume that you have given consent to do so. Please note we are obliged to provide access to your Account if it is requested by an Authorised Third Party Provider and can only refuse access in certain circumstances.

    3.6 If you do not wish to use services provided by an Authorised Third Party Provider on your Account, you simply refuse to provide your consent or refuse to share your App credentials with an Authorised Third Party Provider.

4. Applying and registering your account

    4.1 To open an Account and be able to execute Payments, you must be a UK resident who is at least 18 years old.

    4.2 We will open your Account on the basis of the Information that has been provided by you. You must ensure that you provide accurate Information and tell us of any changes as soon as possible so that our records remain correct.

    4.3 If we discover that the information we hold about you is incorrect, we may have to suspend access to the Account, suspend or cancel your ability to enter into Payments until we can establish the correct information, in order to protect us both.

    4.4 It is your responsibility to keep us updated of changes to your details.

5. Activating account

    5.1 Your Account will automatically be available via the App.

    5.2 You are responsible for the use of your Account and any actions taken in relation to your account under this Agreement and any fees or charges that this may incur.

6. Using the account

    The Account may be used for setting up Direct Debits, Standing Orders, and to make Faster Payments including Future Dated Payments subject to Account Limits. The Account can also be used for sending and receiving funds from another Account.

7. Adding funds to the account

    7.1 Subject to the Account Limits, funds can be added to your Accounts via bank transfer (including Faster Payments, BACS Credit and CHAPS payments) and debit or credit card. The Account Details will be required for adding funds via one of these methods. Depending on how the funds are added to the Account, fees may apply (see clause 13 for more information).

    7.2 A payment coming into the Account may not be credited to the Account if:

      7.2.1 the Account has reached the Account Maximum Balance or has exceeded the Account Limits; or

      7.2.2 the funds exceed maximum cash deposit amounts that is permitted; or

      7.2.3 the Account is inactive or blocked; or

      7.2.4 the sender has provided incorrect/invalid Account Details for your Account; or

      7.2.5 we suspect fraudulent activity on the Account; or

      7.2.6 to do so is prohibited by any law.

    7.3 The funds may be sent back to the sender or without notifying you if paragraph 7.2 applies.

    Payments out

    7.4 The funds may be sent back to the sender or without notifying you if paragraph 7.2 applies.

    7.5 Faster Payment transfer to and from the Account, can only be transfers to and between the same individual between his/her other accounts held.

    Direct debits

    7.6 To set up a Direct Debit from the Account, you must first authorise the organisation taking Direct Debit payments from the Account.

    7.7 If a Direct Debit on the Account specifies that a payment is to take place on a specified day or on the last day of a certain period, then we will treat the Payment Instruction as being received on the day specified.

    7.8 Any Direct Debit payment is usually taken from the Account at the beginning of the Working Day it is due.

    7.9 It is your responsibility to check there is sufficient Available Balance before any payment is due. If the Account does not have sufficient Available Balance any Direct Debit payment will be rejected.

    Timing of payments

    7.10 Any payments will be made within the following timescales:

    Type of Transaction

    Timescale

    Faster Payments out

    Will be sent within 2 hours

    Incoming payment to Account

    Funds will be added to the Account the same Working Day we receive the funds

    7.11 The time of receipt of a transaction order is when we receive it. You cannot stop a transaction after it has been transmitted to us and you have given consent, or when you have given your consent to a pre-authorised payment.

    Authorisation for and stopping payments

    7.12 It is each your responsibility to ensure correct Payment Details are provided when making any Payments or setting up a payee. You are responsible if you give us incorrect instructions or mistakenly instructs 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 all we can. We may charge you a fee for tracing, recalling or cancelling a Payment. We will tell you how much it is before we start the recovery process. If we cannot get the money back, you can request the relevant information we have about the Payment to help you reclaim the money. We will provide this information on receiving a written request from you, unless the law prevents us doing so.

    7.13 You can authorise us to make a Payment from your Account via the App by setting up electronic payments and giving us instructions via a third party, such as through a direct debit scheme or a Payment Initiation Service Provider. We will treat a Payment as authorised by you if:

      7.13.1 the Payment was authorised from the App using the required Passcode or other required credentials;

      7.13.2 you have set up or agreed to any Automatic Payments to be taken from your Account; or

      7.13.3 a Payment Initiation Service Provider has instructed a Payment from your Account which you provided consent for.

    7.14 We may refuse to execute or process a Payment (without prior notice to you) if:

      7.14.1 the Account does not have sufficient Available Balance to cover the payment; or

      7.14.2 the Account is suspended or closed; or

      7.14.3 the Account has reached its Account Limits; or

      7.14.4 we need to do so to comply with the rules of the payment system; or

      7.14.5 we suspect fraudulent activity on the Account or the payment is unlawful or fraudulent; or

      7.14.6 we are concerned about fraud or unauthorised access to the Account by a Payment Initiation Service Provider; or

      7.14.7 we are required to comply with any law.

    7.15 If we refuse to process a payment under paragraph 7.14 we will not be liable for any loss this may result in, nor will we be obliged to inform the intended recipient. You can check the Account to ensure there was enough Available Balance and/or that correct recipient details were provided or can ask us why we have not executed a Payment by contacting Customer Services. Unless the law prevents us, we will explain why and we will also tell you what can be done to correct any errors in the Payment Instruction because we or the Programme Manager are concerned under paragraph 7.14.6. We will contact you (which may include using the contact details provided by you) as soon as possible or in advance if possible to explain why we have refused to process the payment, unless we are prohibited by the law or we have security reasons to do so.

    7.16 You may not be able to stop any Payment once it has been authorised. However, you may be able to stop a Direct Debit payment provided that:

      7.16.1 the Direct Debit is cancelled at any time up to end of the Working Day proceeding the day agreed for debiting the funds; and
      7.16.2 the payment has not already been made.

    7.17 If you stop or cancel a Direct Debit, you must tell the recipient to whom the Direct Debit is payable. We will not be responsible if you fail to inform them and the recipient will not have any claim against us.

    7.18 You may stop a Standing Order and/or a Future Dated Payment by cancelling the payment on the App before the end of the Working Day prior to the Working Day the Account is due to be debited. We recommend that the recipient is also informed; we will not be responsible if you fail to inform them and the recipient will not have any claim against us.

    7.19 If, for any reason, a payment is processed for an amount greater than the Available Balance on your Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving notice from us. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action and/or closing your Account, to recover any monies outstanding.

    7.20 The Available Balance on your Account will not earn any interest.

8. Checking transactions

    8.1 You can check your Available Balance on the Account and Payment history via the App. Your monthly Account statements will be made available on the App.

9. Cancelling, closing your account, and redeeming e-money

    9.1 You may cancel your Account before activating it, and up to 14 calendar days after the date of activation ("cancellation period"), by contacting Customer Services. You may transfer any Available Balance to a UK bank account via Faster Payments (subject to Account Limits) before cancelling the Account.

    9.2 You may close your Account at any time after the cancellation period and redeem any Available Balance on the Account by contacting Customer Services. Alternatively, you may at any time transfer any Available Balance to a UK bank account via Faster Payments (subject to Account Limits) and call Customer Services to close the Account.

    9.3 Any Available Balance remaining on the Account following closure will remain available to you for a period of six years from the cancellation date. You can redeem the Available Balance by contacting Customer Services. We will not return any funds remaining on the Account after six years from cancellation of your Account and this Agreement will terminate.

    9.4 Once the Available Balance is redeemed and the Account is closed, your Agreement will terminate. However, if paragraph 10.6 applies to your Account then your Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Account.

    9.5 All Direct Debit transactions that were set up on the Account will be rejected once your Account is closed.

    9.6 If we find any additional withdrawals, fees or charges have been incurred on your Account following the processing of the redemption request we will require you to refund us immediately upon receiving notice from us. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

10. Your liability and authorisations

    10.1 You are responsible for the use of your Account and Payment Instructions issued. You must ensure that any users of your Account understand and comply with this Agreement.

    10.2 We may restrict or refuse to authorise any use of your Account including transactions in any legal jurisdiction if using your Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Account.

    10.3 It is your responsibility to keep safe any security information or credentials related to the Account and the App.

    10.4 You will be liable for all unauthorised Transactions and Payments that arise from the use of a lost or stolen Account security information or the misappropriation of the App or if you fail to:

      10.4.1 keep the security features of the Account safe.

    10.5 You must ensure you do not:

      10.5.1 allow another person to use the Passcode or security information related to the App.

      10.5.2 write down Passcode(s), PIN or any security information related to the Account and App unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or

      10.5.3 disclose their PIN, Passcode or password or any other security information related to the Account and App, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others.

    10.6 You should never allow a third party other than an Authorised Third Party Provider to use or access your Account

    10.7 You must not disclose or make available your App credentials to a third party unless the third party is an Authorised Third Party Provider and you want to use their services.

    10.8 It is your responsibility to keep us updated of changes to your e-mail address and Failure to do so may result in us being unable to contact you regarding your Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.

    10.9 To the extent permitted by law, you agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement where you are at fault and/or any breach of this Agreement or fraudulent use of the Account, App log in details, or PIN or Passcode by or authorised by you.The App is only supported on devices where the operating system has not been modified, or jailbroken, or configured to allow software installation from sources other than those approved by the Programme Manager (including but not limited to the Apple App Store and Google Play). Use of the App on such a device is at your risk and neither PPS nor Sprive can be held responsible for any loss or data, Information or financial loss.

11. Unauthorised and incorrectly executed payments

    11.1 If you have a reason to believe that a Payment on your Account was unauthorised by you or a Payment Initiation Service Provider or was made incorrectly, you must ensure that you inform us immediately via the App or by contacting Customer Services, but in any event within 13 months of the date of the relevant transaction.

    11.2 If an unauthorised Payment is reported to us:

      11.2.1 Subject to clauses 12.2.2 and 12.3 we will by the end of the next Working Day refund the unauthorised amount including any fees to your Account and return it to the position it would have been in if the unauthorised Payment had not taken place.

      11.2.2 we are not obliged to refund the unauthorised sums to you if we have reason to believe that you have acted fraudulently, and we may notify the police or any other authority permitted by law. If we don’t provide a refund by the end of the next Working Day but subsequently confirm that the Payment was unauthorised, we will refund the unauthorised sums to you straight away.

      11.2.3 we will have no further liability to you once we have refunded the unauthorised sums to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any fees, to your Account.

    11.3 You will be liable for all unauthorised Payments made from your Account if you have acted fraudulently or deliberately or with gross negligence failed to keep the security information or App credentials safe in accordance with this Agreement, or where you have failed to notify us without undue delay on becoming aware tha security information related to the App credentials has been lost or stolen.

    11.4 You will not be liable for unauthorised Payments that occur after you have told us that the App credentials have been lost, stolen or compromised.

    11.5 If you tell us that a Payment has been made incorrectly, after we are informed, we will immediately refund your Account with sufficient funds including any charges to restore your Account to the same position as if the incorrect Payment had not been made. However, this will not apply if:

      11.5.1 you fail to tell us of the incorrect Payments without undue delay and in any case within 13 months of the date on which the transaction occurred;

      11.5.2 any Payment Instructions you gave us were incorrect. If so, we will make reasonable efforts to recover your money if the payment has gone missing, but we may charge you a fee to cover our costs in doing so. We will tell you how much it is before we start recovery process. If we are unable to recover the funds, you can request the relevant information we have regarding the transaction to help you reclaim the payment amount. For legal reasons, we are obliged to provide this information on receipt of a written request, except where the law prevents us from doing so; or

      11.5.3 we can show that the payment was actually received by the other bank (in which case they will be liable).

    11.6 If funds have been paid in to your Account by mistake.

      11.6.1 we can take the funds back out of your Account and/or put a hold on the money so it cannot be spent.

      11.6.2 we don’t have to tell you before we take the money back or put a hold on the money.

      11.6.3 we are required to provide sufficient details about you and the incorrect payment to the bank or institution that sent the payment to enable them to recover the funds.

    11.7 If an error is made in Direct Debit, you will be entitled to a refund from the payee or us under the Direct Debit Guarantee.

    11.8 Where you have agreed that another person can take a payment from your Account, you can ask us to refund a payment if all the following conditions are satisfied:

      11.8.1 the authorisation given did not specify the exact amount to be paid;

      11.8.2 the amount that has been charged to your Account was more than you could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and

      11.8.3 you make the refund request within eight weeks of the date when the payment was taken from your Account.

    11.9 We may ask you to provide information as is reasonably necessary to verify that conditions in paragraphs 12.8.1, 12.8.2 and 12.8.3 apply.

    11.10 If you ask us to make a refund under paragraph 12.8 then, within 10 Working Days of the date we receive your request (or if we ask for more information under paragraph 12.9, within 10 Working Days of the date we receive that information) we will either:

      11.10.1 refund the payment in full; or

      11.10.2 tell you the reasons why we do not agree to the refund.

    11.11 You will not be entitled to a refund under paragraph 12.8 if:

      11.11.1 you have given us your consent for the payment to be made; and

      11.11.2 where applicable we (or the person or a Merchant you agreed to pay) have given you information on the payment in question at least four weeks before the due date of the payment.

      11.11.3 if the payment in question was higher than you reasonably expected to pay due to a change in any currency exchange rate.

    11.12 Paragraph 12.11 does not limit your rights under the Direct Debit Guarantee Scheme.

12. Variation

    12.1 We may change this Agreement, including fees and limits by providing you with at least two months prior notice via the App and/or by e-mail (provided you have supplied us with an up- to-date e-mail address) and will ensure the most recent version is always available on the App. PPS may need to make such changes for reasons including but not limited to the following:

      12.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities;

      12.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;

      12.1.3 to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Conduct Authority or other regulatory body;

      12.1.4 to ensure that our business is run prudently and remains competitive;

      12.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body;

      12.1.6 to make the terms and conditions fairer or clearer for you;

      12.1.7 to rectify any mistake that might be discovered in due course; or

      12.1.8 by agreement with you; or

      12.1.9 to enable us to harmonise our banking interest or charging arrangements

    12.2 If you do not agree with the changes to the Agreement, you may at any time within the two months’ notice period terminate this Agreement and close your Account in accordance with paragraph 10.2 at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you.

    12.3 If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical. We will update our Agreement to reflect the new regulatory requirements when they are next reprinted.

13. Termination or Suspension

    13.1 We can terminate this Agreement at any time:

      13.1.1 if we give you two months’ notice and refund the Available Balance to you without charge, or

      13.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Account in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your transactions due to the actions of third parties.

    13.2 We can suspend or terminate any Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:

      13.2.1 we discover any of the Information that you have provided to us in relation to your Account is incorrect; or

      13.2.2 we believe that this is necessary for security reasons; or

      13.2.3 we suspect or to prevent suspected unauthorised or fraudulent use of any Account or any security credentials related to any Account; or

      13.2.4 any legal obligations require us to do so; or

      13.2.5 you have breached this Agreement or we have reason to believe that you have used, or intend to use the Account or the App or the Passcode in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process any transactions due to the actions of third parties.

    13.3 In the event that we do suspend or terminate any Accounts then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent the we are permitted by law). We may advise anyone involved in the transaction if a suspension has taken place.

    13.4 In the event that any additional fees are found to have been incurred on your Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal on the Account or fees and/or charges validly applied whether before or after termination. We will send a notification to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving notice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

14. Our Liability

    14.1 To the extent permitted by law, our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

      14.1.1 we shall not be liable for any default 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 at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;

      14.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

      14.1.3 or at our choice, redemption of the Available Balance;

      14.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;

      14.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorised such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 12; and

      14.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.

    14.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud or any other liability which may not be limited or excluded by law.

    14.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. the Programme Manager has no liability to you under or in connection with the Account or this Agreement.

    14.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

    14.5 In the event of suspected or actual fraud or security threat to any Account, we will use email or another secure procedure to contact you. We may ask you to verify your identity for security purposes.

15. Your Information

    15.1 Some personal data will be necessary for us to provide you with the Account and services under this Agreement, we are the Data Controller and only use your personal data for this purpose. Please see the Privacy Policy published on the website for full details on the personal data that we hold, how we will use it and how we will keep it safe.

    15.2 If you allow or give consent to an Authorised Third Party Provider to access your Account to provide their services to you, you should know that we have no control over how an Authorised Third Party Provider will use your information nor will we be liable for any loss of information after an Authorised Third Party Provider has access to your information.

16. Complaints Procedure

    16.1 To notify us of a complaint regarding any element of the service provided by us please contact Customer Services.

    16.2 All complaints will be subject to our complaint’s procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.

    16.3 If we fail to resolve your complaint to your satisfaction you may be able to refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.

17. General

    17.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

    17.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

    17.3 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Accounts issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement. We may also permanently transfer our rights and obligations under this Agreement to another account, or cease to provide the Account, by giving you 2 months' notice in writing – this is most likely to occur if the Programme Manager decides to cease to operate Account through the App or if it changes the provider of account associated with the App.

    17.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.

    17.5 This Agreement contains the information set out in Schedule 4 of the Payment Service Regulations 2017 and you can obtain, and download and print, a copy of this Agreement at any time by visiting the App or the Website.

    17.6 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.

    17.7 The Financial Services Compensation Scheme is not applicable for this Account. No other compensation schemes exist to cover losses claimed in connection with your Account. We will however safeguard your funds against any loss that can be reasonably anticipated.

18. Contacting Customer Services

    If you have a query regarding your Account or a Payment, you can contact hello@sprive.com.