In order to apply to and use the SteadyPay service on the SteadyPay mobile application, you must agree to these licence terms.
We are SteadyPay Limited, a business registered at Kemp House, 160 City Road, London, EC1V 2NX. We license you to use as permitted in these terms:
This App requires you to have access to either an Android phone or an iPhone. The Android phone must have 5.0 or a later operating system installed. The iPhone must have iOS 11.1 or a later operating system installed.
Support - If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at www.steadypay.co.
Contacting us (including complaints) - If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please message us via in-app chat.
How we will communicate with you - If we have to contact you we will do so by calling, email, SMS, App messaging or by pre-paid post using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
To accept these terms and to be able to use the app, you must be:
We are giving you personally the right to use the App and the Service as set out above.
You must not transfer the App or Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from the device prior to the sale.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any material change by sending a notification to you or by notifying you when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
If you download the App onto any phone not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone.
By using the App or any of the Services, you agree to us collecting and using technical information about the phone you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may from time to time make use of location data sent from your phone. You can turn off this functionality at any time by turning off the location services settings for the App on the phone. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve the App and our Services.
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us or our licensors. The rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay to you compensation. However we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We take no responsibility for your use of the App and Service that results in you breaching the terms and conditions of your bank.
The App and the Services are provided for general information only. They do not offer any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay so far as we are able to do so. Provided we do this we will not be liable for delays caused by the event or any third party network provider or otherwise.
We may end your rights to use the App and Services at any time by contacting you if you have breached these terms in a serious way. This may also impact on the Credit Agreement entered into with us and we may seek to terminate the Credit Agreement as a result of your breach of these terms. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can being legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint we can appoint an alternative dispute resolution provider. Please contact us to find out more.
Date: May 2018