Fingopay

Fingopay Terms & Conditions

1 Information you will provide

1.1 To register to use our services you must provide us with certain information. You agree to ensure that the information you provide to us for registration is true. For information on how we use your personal data, see our Privacy Policy.

1.2 You are responsible for the security and proper use of your registered payment details and must take all necessary steps to ensure that all relevant information is kept securely. You agree to inform us immediately of any changes to the information you supply in connection with the registration or operation of the Fingopay service.

1.3 We may seek feedback on the Fingopay service and may use any such feedback you choose to give in promotional materials.

2 Payments, credit and promotions

2.1 Each time you use your finger to make purchases we will request payment from a payment source you have registered with us. As our service develops we intend to provide you with a web service or App through which you can set rules to control from which account payment is to be made and whether additional identification is required to authorise a transaction and receive electronic receipts, but these services are not currently available.

2.2 Unless otherwise agreed by a merchant with you and Fingopay, no purchase may be paid for with more than 50% credit. It is not possible to complete transactions solely with credit.

2.3 Unless otherwise agreed with the specific merchants, credit is not transferable between merchants and locations. Credit may be subject to Fingopay terms and conditions and those of our merchants.

3 Service

3.1 You accept that the service is being developed and we may make certain changes. Any queries you have about the service may be directed to any on-site staff.

3.2 For operational reasons we reserve the right to suspend the service or vary the technical specification of the service.

3.3 You agree not to misuse the Fingopay equipment or service (or allow the equipment or service to be misused) or use it (or allow it to be used) fraudulently or in connection with any unlawful activity. You agree to take all reasonable steps to make sure that this does not happen. We take misuse very seriously. If we reasonably believe that the Fingopay service has been misused we may take immediate action to suspend or terminate your access to the services.

3.4 If our software fails properly to process a transaction which has been authorised by you we shall only be required to compensate you for any amount over charged

3.5 Once you have agreed to make a payment, we shall not be responsible to you in respect of [completion of that payment], even if you terminate the services with us. However, we shall use reasonable endeavours to seek to reverse or cancel any payment (after deduction of a reasonable handling fee) if you ask us to do so. If a merchant fails to honour a promotion, we shall similarly use reasonable endeavours to seek to ensure that the promotion is honoured if you ask us to do so, but we cannot promise that we will do so.

4 Changes to data permissions, amendment and termination

4.1 You may at any time contact us by email at support@fingopay.com to ask to terminate your services. We shall then send you a link by email and/or text to confirm your intention to terminate the services: where we are able to do so we shall select which services you wish to terminate (these may be with a specified merchant or for certain types of transaction only) or for all or (where we are able to offer this alternative) some part of it to be deleted or made inaccessible to specified merchants. As soon as practicable after you have confirmed that the services to be terminated (by following the instructions on the link) we shall cease to provide those services to you. We may also end this agreement at any time upon written notice to you

4.2 We may update these terms and conditions (and the terms referred to in them) in which case we will give you notice of such changes. You have a right to terminate your agreement as set out above if you no longer want to continue to use the services under any revised terms.

5 General

5.1 Fingopay is the trading name of Sthaler Limited. Sthaler Limited is registered in England with number 08161567 and has its registered office at 4 Riverview, Walnut Tree Close, Guildford, GU1 4UX. References to “Fingopay”, “us”, “we” and “our” should be construed as references to Sthaler Limited.

5.2. Nothing in these Terms shall exclude or limit Fingopay’s liability for death or personal injury caused by negligence or for fraudulent misrepresentation. You have certain legal rights. These include that we will provide the service with reasonable skill and care and within a reasonable time. You have certain legal remedies if we breaches any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled.

5.3 Fingopay is not responsible for losses not caused by our breach, indirect losses, or a failure to provide the app due to any cause beyond its reasonable control which prevents us from fulfilling its obligations including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God. We are not liable for any damage or alteration to your mobile device as a result of installing the app.

5.4 We will use reasonable efforts to make the app available at all times. However you acknowledge that the reception quality and availability of the App may be affected by factors outside our reasonable control.

5.5 If Fingopay does breach these terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and Fingopay at the time of entering this agreement. For more information on your legal rights, contact your local Citizens Advice Service.

5.6 All trademarks, copyrights and other intellectual property rights of any nature in the app and Fingpay services are owner either directly by Fingopay or its licensors. You are only given rights to use the app and services for your own personal use.

5.7 If you have a complaint then please contact us at support@fingopay.com. If we are unable to resolve any disputes, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform here.

5.8 These Terms are governed by the laws of England and Wales and any dispute, question or remedy shall be determined exclusively by the courts of England and Wales. These Terms are only available in the English language. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply