Version 6.
Date published: 21 November 2023.
Date of effect: 21 January 2024.
WHY THIS INFORMATION IS IMPORTANT
This is the User Agreement for the Taptap Send mobile application (the “App”) and our services. It also sets out other important things that you need to know.
This User Agreement, along with the Privacy Policy, eCommunications Policy and any other terms and conditions that apply to our services, form a legal agreement (the "Agreement") between:
● you, the user; and
● us, Taptap Send UK Limited.
By signing up for the services and using the App, you are accepting and agreeing to be bound by the Agreement. We provide our services to you through the App. We may provide information and/or our services in other ways too, like through web pages. Our Agreement applies whenever and however you access our services or other information. You can at any time, and at no cost, stop using the App by deleting it or ending the Agreement (see Section 10).
If you participate in any rewards programme you agree to be bound by any separate terms and conditions (for example, our Referral Program).
About us
We are a UK company which is authorised and regulated by the Financial Conduct Authority under the Electronic Money Regulations 2011 to issue electronic money and provide payment services. Our firm reference number is 900842 and our Company number is 10416468.
Our contact details are: Taptap Send UK Limited, Epworth House, 25 City Road, London, England, EC1Y 1AA.
The best way to contact us is by phone, email (support@taptapsend.com) or Whatsapp. Please see the “Support” section of the App or the “Contact Us” section of our website for more details.
1. DEFINITIONS
In this Agreement we will refer to Taptap Send UK Limited as “we” or “us” and we will refer to you, the user of the App and Services, as “you”.
“App” means the Taptap Send mobile application.
“Business Day” means a UK business day, ending at 17:00 BST/GMT.
“Business Recipient” means businesses, including but not limited to suppliers, educational institutions, utility providers, hospitals and associated healthcare facilities.
“Destination Country” means the country in which the Recipient receives money or Digital Content through a Service.
“Digital Content” means data that is produced and supplied in digital form (e.g. anything downloadable or that exists digitally such as airtime or online vouchers).
“Digital Content Services” means our service that allows you to buy Digital Content from us and send it to a Recipient.
“Inactivity Charge” means our fee for keeping funds in a Wallet that has not been used for over two (2) years.
“Payment Instruction” means an instruction from you requesting us to make a Transfer either a) from your Wallet; or b) by way of a one-off money transfer.
“Payment Method” means a valid method of payment (including but not limited to a debit card or the Wallet) used to fund a Payment Instruction, to load funds onto the Wallet or to pay for Digital Content.
“Payment Services” means the provision of the Wallet and the remittance service enabling you to make Transfers.
“Recipient” means someone (including Business Recipients) who receives money or Digital Content into an account or by way of cash pick-up, mobile money or similar services, in each case provided by a Service Provider pursuant to a Payment Instruction or instruction to buy and send Digital Content sent through the Services.
“Security Details” means the security credentials associated with your account with us, including your password and any other login information that we may choose to accept from time to time (including biometric information).
“Sender” means someone who uses the Services to send money or Digital Content.
“Services” means the Payment Services and Digital Content Services.
“Service Fee” means our fee (which may vary, for example depending on the destination of the Sender and the Recipient and the amount of the Transfer), which will be presented to you before paying for a Service.
“Service Provider” means a local bank, mobile network operator, or other third party service provider in a Destination Country which provides an account, cash pick-up, cash delivery, mobile wallet or similar services to a Recipient or an account for Digital Content.
“Third Party Provider” means a third party payment service provider which is authorised by you to access information and/or give instructions to make payments from online payment accounts operated by providers (such as us).
“Transfer” means the transfer of money through one of the Payment Services.
“Transfer History” means the record of your Wallet transactions, Transfers and purchases of Digital Content on our App.
“Wallet” means an electronic money account registered in your name, which enables you to electronically hold, send and receive funds in the form of electronic money in the currencies supported through the App.
2. USING THE SERVICES
2.1. The Services allow you to:
2.1.1. open a Wallet to store a balance (in supported currencies) and convert funds from one currency to another;
2.1.2. send international remittances to Recipients via selected Service Providers in Destination Countries; and
2.1.3. purchase Digital Content from us to send it via selected Service Providers to a Recipient.
2.2. To register for the Services, download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.
2.3. Once you have registered for the Services and have logged into the App, you can:
2.3.1. load money onto your Wallet using a Payment Method, creating an electronic money balance;
2.3.2. get a refund of your Wallet balancet;
2.3.3. submit Payment Instructions by selecting what kind of payment you want to make, choosing your Payment Method, entering or selecting the amount and associated information, then clicking “Send” (or equivalent) on the confirmation page;
2.3.4. view your Transfer History;
2.3.5. purchase Digital Content by selecting the type of Digital Content, choosing your Payment Method, entering or selecting the Recipient and account you want to send it to, enter the associated information and then clicking “Send” (or equivalent) on the confirmation page;
2.3.6. convert your Wallet balance from one currency to another by selecting the currency to be purchased, enter the amount of currency to be exchanged and then click “Confirm” (or equivalent) on the confirmation page (which sets out the applicable exchange rate); and
2.3.7. manage your use of the Services.
2.4. For security reasons, we may require you to re-enter your Security Details or to otherwise confirm your identity to finalise Payment Instructions or access certain functions in the App.
2.5. For the remittance Payment Service, this Agreement applies individually to each Transfer.
2.6. Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.
3. YOUR OBLIGATIONS
3.1. You must be 18 years old to use the Services.
3.2. We are required by law to carry out security and customer due diligence checks on you (and other parties for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:
3.2.1. to provide us with accurate and truthful information about your and the Recipient’s identity and any identity documents we ask for;
3.2.2. to promptly update your personal information (including your address) if it changes;
3.2.3. to comply with any requests for further information and documents we require ; and
3.2.4. that we may, directly or through any third party, make any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports.
3.3. You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our Privacy Policy.
3.4. You must make every effort to keep your Security Details safe and prevent unauthorised access to the Services by:
3.4.1. changing your password regularly and ensure that it is not reused for other online services;
3.4.2. not sharing your Security Details with anyone, including us, and letting us know immediately if anyone asks you for your Security Details;
3.4.3. setting up 2-step authentication where prompted;
3.4.4. if you use biometrics (e.g. fingerprint or face identification) to authenticate actions in the App, make sure only your biometrics are registered and can be used in the App;
3.4.5. keeping your email account secure and letting us know immediately if your email address becomes compromised;
3.4.6. contacting us immediately if you suspect your Security Details have been stolen, lost, used without your authorisation, or otherwise compromised. If this happens you should change your Security Details.
3.5. To contact us quickly, use the details in the “Support” section of the App and/or the “Contact us” section of our website. Any delay in telling us affects the security of your account and data (including your Payment Method) and makes you responsible for any financial losses.
3.6. You must not:
3.6.1. use our Services in connection with illegal activity, including but not limited to money-laundering, fraud, and the funding of terrorist/proliferation activities and/or organisations;
3.6.2. use our Services in connection with sexually oriented materials or services, gambling activities, or buying or selling tobacco, tobacco-related products, firearms, prescription drugs or other controlled substances;
3.6.3. misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful or attempt to gain unauthorised access to our Website, our servers, computers or databases;
3.6.4. create more than one registration without our prior written permission;
3.6.5. use our Services for speculative trading;
3.6.6. use the Services to send Transfers or Digital Content on behalf of someone else;
3.6.7. let someone else use your Security Details and send Transfers or Digital Content through the App (if you do this we’ll have to assume it’s you and we will not be responsible for any losses you incur as a result of misuse or disclosure of information about your account by that third party);
3.6.8. provide false, inaccurate, or misleading information; or
3.6.9. refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation.
4. TAPTAP SEND PAYMENT SERVICES
Loading the Wallet
4.1. You can load your Wallet using a Payment Method in your name, accepted in the App.
4.2. When you convert funds from one currency to another within your Wallet we will charge any applicable Service Fees and an exchange rate, as set out in the App at the time of conversion.
4.3. The electronic money held in your Wallet will not earn any interest.
Making Transfers
4.4. To make Payment Instructions in the App, you must:
4.4.1. provide information about your Transfer including the full name of the Recipient, the Recipient’s account details and the amount to be transferred;
4.4.2. provide the unique identifier for the Recipient’s account (e.g. the account number or mobile number);
4.4.3. select your Payment Method; and
4.4.4. provide us with any additional information we may request relating to the Payment Instruction (for example, any specific reference number requested by a Business Recipient).
4.5. When you click “Send” on the confirmation page you authorise us to debit your Payment Method and initiate the Transfer.
4.6. You must make sure all the details are accurate before submission. If you enter the wrong details you will send the Transfer to the wrong account and lose your money, we may not be able to get it back.
4.7. Once you click “Send”, we receive your Payment Instruction and will start to execute the Transfer immediately. You will not be able to cancel or change it .
4.8. We will treat a Payment Instruction as received at the time you confirm the Payment Instruction, whether or not that is during a Business Day. When the Recipient’s Service Provider receives the Transfer depends on the currency and Destination Country of the Transfer. If your Transfer is in any currency other than £ or € and to an account outside the UK and EEA, it will reach the account of the Recipient as soon as we can get it there. Banking practices will vary depending on the Destination Country - for more information on when a payment will be credited to the Recipient’s account you will need to contact that Service Provider.
4.9. Transaction times may be longer in the event that the Recipient’s Service Provider needs to undertake enhanced anti-money laundering checks on the transfer. Delivery times quoted on our website (or elsewhere) are representative for the “normal”/average service and are not a guarantee of an individual Transfer time.
4.10. We will provide you with information after acceptance of a Payment Instruction enabling you to identify the Transfer, along with details of the amount of the Transfer in the currency used in the Transfer, any Service Fees we may charge, amount the Recipient will receive, and the date on which the Payment Instruction was received.
4.11. If you have made a Transfer for cash pick-up and the cash is not picked up by the Recipient within 30 days of when it was first made available we may cancel the Transfer and refund the amounts to the Payment Method used. This is subject to the timings and conditions set by our payment processing partners.
4.12. For certain Services, you may set up a recurring Transfer by entering the Recipient and account details, the frequency of the Transfer and amount. We may need to ask for other information as well. If a Transfer is scheduled to be paid in the future (like a recurring Transfer), you can cancel it in the App at any time before the end of the business day before it is due to be sent. The one exception to this is UK direct debits, which can be cancelled at any time before 3pm on the day they are due to be sent. You can’t cancel a payment after it is sent.
4.13. For Business Recipients, you acknowledge that:
4.13.1. we are not an agent of the Business Recipient;
4.13.2. we are not responsible for any mistakes in the invoices or other notifications you receive that indicate the amounts you owe the Business Recipients;
4.13.3. we are not party to agreements between you and the Business Recipient and do not determine any payment terms;
4.13.4. we are not responsible if you do not complete a payment to a Business Recipient;
4.13.5. we are not responsible for the quality or delivery of any goods or services you pay for using our Services;
4.13.6. we are not responsible for mediating disputes or enforcing any underlying arrangements you have with a Business Recipient;
4.13.7. invoices / bills can only be processed to a Business Recipient with a valid reference number - if you provide the wrong reference number you will send the Transfer to the wrong account and lose your money, we will not be able to get it back for you; and
4.13.8. payment to us for a Transfer does not constitute payment to a Business Recipient until they receive the Transfer, and then it may take several Business Days for a Business Recipient to reflect the payment in their customer account system (i.e. their records for what a student, patient or utility customer might owe).
Using a Third Party Provider
4.14. You can choose to use a Third Party Provider:
4.14.1. to request Transfers from your Wallet on your behalf; and/or
4.14.2. to provide account information services to you,
provided the Third Party Provider is acting in accordance with the relevant regulatory requirements and is a participant in the Open Banking initiative. You can check whether the provider is authorised and part of the Open Banking initiative in the information they give to you about the services they will provide and by checking openbanking.org.uk.
4.15. We will treat any instruction from a Third Party Provider as if it was from you. But we will not share your Security Details with any third party.
4.16. If you consent to a Third Party Provider having access to your account, we will assume that you consent to access being granted as frequently as the Third Party Provider requests it.
4.17. If you want to cancel the consent you have given to a Third Party Provider to access your account you should contact them directly. Once a Third Party Provider has initiated a payment, you cannot cancel it.
5. TAPTAP SEND DIGITAL CONTENT SERVICES
Sending Digital Content
5.1. We provide Digital Content Services for you to buy Digital Content from us and send it to a Recipient’s account in a Destination Country. This is not a payment service so is not regulated by the FCA.
5.2. To buy and send Digital Content using the App, you must:
5.2.1. select the type and amount of Digital Content you wish to buy;
5.2.2. provide information about the account which the Digital Content will be sent to, if you enter the wrong details you will send the Digital Content to the wrong account and we will not be able to recover it;
5.2.3. select your Payment Method; and
5.2.4. provide us with any additional information we request.
5.3. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the App before you are asked to confirm your transaction..
5.4. When you click “Send” on the confirmation page you authorise us to debit your Payment Method and initiate the purchase and send.
5.5. There may be a short delay between you sending the Digital Content and it being delivered to the Recipient account. We will send you a confirmation of the Digital Content Service as soon as your transaction has been successfully completed.
Cancellation
5.6. When you use our Digital Content Services, you expressly request and consent to us immediately sending the Digital Content to the Recipient’s account. Once you confirm your order, we start to send the Digital Content and it cannot be recalled. You acknowledge that, once you have asked us to send Digital Content, you have no right to cancel under the Consumer Contracts (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Digital Content T&Cs and Promotions
5.7. Any Digital Content purchased through the Digital Content Services will have its own terms and conditions. You should check any terms and conditions before purchasing any Digital Content. From time to time, Service Providers will run promotions on the Digital Content. These promotions will be subject to additional terms and conditions that will be displayed in the App.
5.8. We are not responsible for the terms and conditions or promotions run by Service Providers.
6. OUR RIGHT TO REFUSE, DELAY OR SUSPEND A PAYMENT INSTRUCTION OR THE SERVICES
Limits
6.1. You agree that we may apply limits to the amount you can a) load onto your Wallet; b) send to Recipients and/or c) use to purchase Digital Content.
6.2. We may apply limits to your Transfers either on a per Transfer basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Method or on related sets of registration details or Payment Methods. We might also limit the value of currency exchange you can carry out at any one time or over a period of time.
Delays
6.3. We may delay or suspend a Service including (but not limited to):
6.3.1. to verify your identity;
6.3.2. to respond to any security alerts which we receive in relation to your use of the Services;
6.3.3. to validate your Payment Instruction or instruction to send Digital Content;
6.3.4. due to system outages within our Service Providers; and/or
6.3.5. otherwise to comply with applicable law.
6.4. We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our website or our App.
Refusing a Payment Instruction or suspending the Services
6.5. We may refuse any request to load funds to your Wallet or any Payment Instruction, or suspend your use of the Services if we believe that:
6.5.1. it would put you over any applicable limits;
6.5.2. it would break this Agreement;
6.5.3. it is unauthorised (e.g. someone else is trying to use the Services without your permission);
6.5.4. it is fraudulent (including where we suspect that you may be a victim of a scam);
6.5.5. you may be acting illegally; or
6.5.6. we are required to do so by law.
6.6. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or compromise our security measures.
6.7. We may stop a Third Party Provider from accessing your account for reasons related to unauthorised or fraudulent access to your accounts. We’ll tell you about this using the contact details we hold for you unless this would compromise our security measures or would be unlawful.
7. REFUNDS
Transfers
7.1. You can request a refund of a Transfer within thirteen (13) months of the Transfer occurring if:
7.1.1. someone (including a Third Party Provider) made a Payment Instruction without your permission; or
7.1.2. we fail to send a Transfer on time to the right Recipient and for the right amount, as set out on your confirmed Payment Instruction.
7.2. However, we may refuse a refund if we can show that:
7.2.1. you have acted fraudulently;
7.2.2. you intentionally or with gross negligence did not take reasonable steps to keep your Security Details secret;
7.2.3. you are asking for a refund of a Transfer that took place before you told us that your login was being misused;
7.2.4. the Recipient received the money into their account at the Service Provider; or
7.2.5. there was a mistake in the Payment Instruction (e.g. the Recipient’s account details) which you gave us.
7.3. If you wish to request a refund for a Transfer, you should do so immediately and in any event no later than thirteen (13) months after the Transfer. A request for a refund for a Transfer must be submitted in writing (by email) to the contact details listed in the About Us section, giving the Sender’s full name, address, and phone number, together with the Transfer number, amount of the Transfer, and the reason for your refund request.
7.4. If we have executed the Transfer in accordance with your Payment Instruction you provided, and that information was incorrect, we are not responsible for the error. We will make reasonable efforts to recover the funds if possible. We may charge you a reasonable fee, reflective of our efforts, to do so.
7.5. Refunds will be credited automatically to the latest known Payment Method used to fund the Transfer (if any), in the same currency used to fund the Transfer. We may request additional details from you to process the refund.
7.6. We are not responsible for refunding payment Transfers made using a Payment Service to pay bills or for goods/services unless it falls within Section 7.1 above. The Business Recipient to which you have made a payment will determine your eligibility for a refund. You, therefore, should contact the Business Recipient directly for further details on obtaining a refund.
Wallet
7.7. You can request a refund of any or all of the funds you loaded to your Wallet through the App. Promotional credits are not refundable.
7.8. If you request a refund of balance from your Wallet, the balance will be refunded to you in GBP at the exchange rate offered in the App on the day you request your refund.
7.9. We may refuse a refund of your Wallet balance if you request it more than six years after termination of this Agreement.
Digital Content
7.10. If you buy Digital Content from us and it is defective, we are responsible for the defect and will either repair it, replace it or compensate you, depending on the circumstances. We are also responsible if Digital Content damages another item you own and will either repair the damage or pay you compensation. However, we are not responsible if the damage could have been avoided by following our instructions to install and use Digital Content (such as installing a free update) or following the minimum system requirements.
7.11. Once Digital Content is sent, it can normally be used immediately and therefore cannot be refunded or cancelled.
8. OUR RESPONSIBILITY
8.1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.2. Where we have materially breached this Agreement causing a loss to you, we will refund you the Transfer and any Service Fee charged or the amount you paid for Digital Content. Any claim for compensation made by you must be supported by any relevant documentation.
8.3. If any loss that you suffer is not covered by a right to a refund, our liability is limited to the greater of: (i) the amount of any Service Fee that was paid to us; or (ii) GBP 500. This liability cap applies to any single Transfer/purchase of Digital Content, act, omission, or event and to any number of related Transfers/purchases of Digital Content, acts, and omissions or events.
8.4. We are not, in any event, responsible for damages caused by:
8.4.1. any failure to perform the Services due to abnormal and unforeseen circumstances outside our reasonable control, which may for example include delays or failures caused by problems with another system or network (including those of our Service Providers), mechanical breakdown or data-processing failures;
8.4.2. non-payment or delay in payment to a Recipient or failure to perform a Transfer or send Digital Content under the Services if you are in serious breach of this Agreement;
8.4.3. a Service Provider;
8.4.4. us meeting our obligations under any applicable laws, rules, or regulations; or
8.4.5. errors on the website or with the Services caused by incomplete or incorrect information provided to us by you or a third party.
8.5. We are not, in any event, responsible for any funds after they are made available to a Recipient (whether in the Recipient’s account or for collection via a Service Provider).
8.6. If you ask a Third Party Provider to request one or more payments from your account and they don’t do this, we won’t be responsible for your payment(s) not being made.
8.7. Notwithstanding anything in this Agreement to the contrary, we only supply our Services to you for personal and private use. If you use our Services for commercial, business or resale purposes, neither we or our Service Providers (including our and their group companies, officers, agents, partners, contractors and employees) have any liability to you for lost profit, lost revenues, lost business, business interruption or lost business opportunity, or indirect or consequential damages. This is regardless of whether or not we had foreseen, or could have foreseen, or had been advised of, the possibility of such damages.
9. CHANGES TO THE AGREEMENT
9.1. We can make a change to this Agreement for any of the following reasons:
9.1.1. because of a change in legal or regulatory requirements;
9.1.2. if the change benefits you or we think it will make the Agreement easier to understand;
9.1.3. to reflect a change in our costs of providing you with the Services;
9.1.4. to reflect changes in the way our business is run, particularly if the change is needed because of a change in our industry that affect how we want to deliver the Services to you;
9.1.5. in response to possible security risks relating to the Services;
9.1.6. because we are changing or introducing new services or products; or
9.1.7. to respond to any other change that affects us, if it is fair to pass on the effects of the change to you.
9.2. We can’t anticipate everything that might happen while you are registered for our Services. This means we may also need to make other changes. If we do, when we tell you about the change, we’ll explain how it will affect you.
9.3. We will tell you about a change to:
9.3.1. our Agreement for Payment Services at least two (2) months before it takes effect; or
9.3.2. our Agreement for Digital Content Services at least one (1) month before it takes effect
you may object to the change before it takes effect, which will end the Agreement. If you do not object to the change, we will take that as your acceptance of the change. If we add a new product or service that doesn’t change the terms and conditions for your existing Services, we may add the product or service immediately and let you know before you use it.
9.4. You will be notified of any upcoming changes to this Agreement by email to the email address you provided.
10. ENDING THE AGREEMENT
10.1. This Agreement will continue until you or we end it.
10.2. You can end this Agreement at any time free of charge by contacting us in writing (by email) at the details in the About Us section.
10.3. We can end this Agreement and your access to the Services at any time, with two (2) months’ notice.
10.4. We can end this Agreement and your access to the Services immediately if:
10.4.1. we reasonably believe you are using the Services fraudulently or illegally;
10.4.2. we must do so under any law, regulation, court order or ombudsman’s instructions;
10.4.3. if you haven’t given us any information we need, or we reasonably believe that information you have provided is incorrect or not true; or
10.4.4. if you have broken this Agreement in a serious or persistent way, and you haven’t put the matter right within a reasonable time of us asking you to.
10.5. We will inform you if we end the Agreement immediately as soon as we can, if the law allows.
10.6. When this Agreement ends, we will stop processing any new Payment Instructions and seek to refund any amounts held in your Wallet. We will continue processing Payment Instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.
11. HOW YOUR MONEY IS PROTECTED
11.1. When we provide you Payment Services, we will hold your money when you add money to the Wallet or when we receive payment for a Transfer that has not yet completed. When we hold money for you, we protect it by insuring it or placing it into one of the dedicated client money bank accounts that we hold with large commercial or central banks (client money accounts keep your money separated from our own money, and the types of banks we can use are set by regulations). This is called “safeguarding”. We keep safeguarding any money we hold for you (e.g. the balance in your Wallet) until you pay it out or get it refunded. In the event of our insolvency, you will be paid from the proceeds of insurance and/or funds in these dedicated client money bank accounts in priority to other creditors in accordance with applicable law.
11.2. Your use of the Services does not qualify for protection under the UK Financial Services Compensation Scheme (“FSCS”). The Wallet is an electronic money account, not a bank account, so is not covered by the FSCS.
12. COMPLAINTS
12.1. If you have a complaint related to your use of the Services, please contact us via our Customer Service Team. We will acknowledge receiving your complaint promptly.
12.2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within 15 days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within 15 days of receiving your complaint to let you know when you will receive our final response. The final response will be no later than 35 days from the date on which we first received your complaint.
12.3. Except for complaints about Digital Content Services, if you do not receive our final response on time, or you are unhappy with our final response, you can refer your complaint to the Financial Ombudsman Service within six months of the date we sent (or should have sent) our final response to you. To contact the Financial Ombudsman Service you can:
12.3.1. Call them on 0800 023 4567 (or +44 20 7964 0500. if you are outside the UK).
12.3.2. Contact them online: https://www.financial-ombudsman.org.uk/make-complaint
12.3.3. Find further information at https://www.financial-ombudsman.org.uk/consumers
12.3.4. You can also make a complaint to the Financial Conduct Authority.
13. FEES AND EXCHANGE RATES
13.1. You must pay any applicable Service Fees. Our Service Fees and live exchange rates are available on our website and in the App. Service Fees are due when you submit your Payment Instruction or an instruction to buy and send Digital Content, and are non-refundable.We will let you know the exact amount you must pay in the App before you are asked to confirm your Payment Instruction or send Digital Content.
13.2. Our exchange rate is the rate set by us for the relevant currency pair and Service, which will generally change on a daily basis. For some currencies, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you, which is designed to cover our costs.
13.3. When you make Transfers, load your Wallet and pay for Digital Content in a different currency from the one in which your Payment Method is denominated (e.g. you pay in GBP to receive an equivalent amount in a different currency) we will apply our standard exchange rate (which may change at any time) and any applicable Service Fees for such exchange, as set out in the App at the time of conversion.
13.4. The Wallet is designed for you to make Transfers, not as a way to save money in a different currency. An Inactivity Charge will apply when you have funds in your Wallet but have not made a Transfer from the Wallet for over two (2) years. Before charge or increase the Inactivity Charge we will contact you. The longer you hold funds in the Wallet without making a Transfer or asking for a refund, the more the Inactivity Charge will be:
13.4.1. £30 a month (i.e. equivalent to approximately £1 a day to cover our costs of holding funds for you) for the first two years of inactivity.
13.4.2. £50 a month after the first two years of inactivity (i.e. from four years after you stopped using your Wallet).
13.5. You authorise us to deduct any Inactivity Charge or Service Fees and/or any other amounts you owe us from your Wallet.
13.6. Others might impose taxes, fees or charges on you, e.g. for use of a particular Payment Method to fund a Transfer or load the Wallet (e.g. unauthorised overdraft fees).
13.7. Others might impose taxes, fees or charges on the Recipient, e.g. a Service Provider may charge a fee to withdraw the TransferPayout Amount. We may offer you the option of sending additional funds to cover the cost of that fee.
13.8. Your Payment Method may give you chargeback rights. You agree that you will not request a chargeback for reasons for which we are not responsible, such as a dispute with your Recipient. We may charge you for our costs associated with your chargebacks.
14. INTELLECTUAL PROPERTY
14.1. The App and the Services, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All rights, title, and interest in and to the Taptap Send website and the Services remain our property and/or the property of such other third parties.
14.2. The App and the Services may be used only for the purposes permitted by this Agreement or described on our website. You are authorised solely to view and to retain a copy of the pages of the App for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Taptap Send website, App, Services, or any portion thereof for any public or commercial use without our express written permission. You may not: (i) use any robot, spider, scraper, or other automated device to access the App or the Services; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Taptap Send website (or printed pages of the website). The name “Taptap Send” and other names and marks of ownership of Taptap Send’s products and/or services referred to on the Taptap Send website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy, or reproduce them in any way.
15. ELECTRONIC COMMUNICATIONS
15.1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:
15.1.1. this Agreement and any amendments, modifications or supplements to it;
15.1.2. your Transfer History through the Services;
15.1.3. any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;
15.1.4. any customer service communications, including communications with respect to claims of error or unauthorised use of the Services; and
15.1.5. any other communication related to the Services or us.
15.2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.
15.3. Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms (including any modifications) at any time.
15.4. Transfer History: Each month, we will email you your Transfer History. You may also download the Transfer History from the App for your own records.
15.5. Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.
15.6. App: In the event of a conflict between information on the App and information on our website, please rely on the information on the App.
16. GENERAL
16.1. Governing Law: The laws of England and Wales apply to this Agreement.
16.2. Disputes: If you want to take legal action against us in the courts, only the courts of England and Wales can deal with a dispute between us in connection with this Agreement and our Services.
16.3. No Third Party Rights: Only you and we have any rights under the Agreement. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 (or any other equivalent legislation).
16.4. Language: The language of this Agreement is English and all Services, Payment Instructions and Transfers carried out in connection with it will be in English.
16.5. Waiver: If you have broken the Agreement and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.
16.6. Transfer of rights: You may not transfer any of your rights or obligations under this Agreement to anyone else. We may transfer or assign this Agreement and/or any of our rights under this Agreement at any time without your consent.
16.7. Entire Agreement: This Agreement is the entire agreement between you and us. It replaces any earlier understandings, agreements, or discussions between you and us about the subject matter of this Agreement, use of the App and/or our Services.
16.8. Severability: If any provision of this Agreement is found to be void, illegal or unenforceable, the remaining provisions will not be affected in any way.
User Agreement: Version 5