BACKGROUND:

These Terms for Customers, set out the terms under which users (“Customers”) can leave gratuity or donations to Members using the App. Please read these Terms for Customers carefully and ensure that you understand them before using our Platform. These Terms for Customers, as well as any and all contracts are in the English language only.

We provide a way for you to leave a gratuity or make a donation to our Members.

1. Definitions and Interpretation

1.1 In these Terms for Customers, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use the App;

“Customer” means a user who is visiting our Platform;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our App;

“Platform” means the Platform used by our Members and you to make or receive gratuity donations by you;

“Member” means a user who works in any industry that wishes to join our Platform;

“we/us/our” means UR Payment Technologies Ltd, trading as URocked, a company registered in England and Wales under number 12913114, whose registered office address is at 12th Floor 60 Charles Street, Leicester, United Kingdom, LE1 1FB.

2. Access to and use of our App

2.1 Access to our App is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access our App.

2.3 Access to our App is provided “as is” and on an “as available” basis. we may alter, suspend, or discontinue our App (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Customers, we will not be liable to you in any way if our App (or any part of it) is unavailable at any time and for any period.

2.4 use of our App is also subject to our Terms for Members. Please ensure that you have read them carefully and that you understand them.

3. Your Status

3.1 You may only leave gratuity to Members on our Platform if you are at least 16 years of age.

3.2 You warrant that you are legally capable of entering into contracts with our Members and you are the owner of the payment method you choose to use.

4. Our Platform

4.1 You hereby acknowledge and agree that:

4.1.1 We make all reasonable effort to ensure all Members are legitimate

4.1.2 We are not in any way responsible for the Services received;

4.1.3 we have taken all reasonable steps to comply with any anti money laundering and anti bribery legislation;

4.1.4 we cannot be held responsible for events that occur outside our control, including, but not limited to, loss of data and hacking. You are responsible for keeping your own passwords secure, adequately strong and for backing up any data on the app.

5. Making a Payment

5.1 In order to make payment to a Member, you can register an account with us

5.1.1 You will be asked to provide an email address, name, address, telephone number

5.1.2 Your email address will become your user name that you use to log into your account

5.1.3 Only one email address per account.

5.2 Select the Member you wish to make payment to.

5.3 When leaving payments to a Member, you expressly agree that:

5.3.1 You have read the description and all details within the relevant Member listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Member;

5.3.2 You have selected the correct Member you wish to make a payment to, please note we cannot rectify any mistakes where payment has been sent to the wrong Member;

5.4 We accept payment by debit card, credit card, Apple Pay (iOS only), Samsung Pay, Android Pay and Google Pay. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro and American Express.

5.5 You must pay at the time of request, and we will charge the payment method you have chosen to use once you have confirmed. We immediately contact your bank or card issuer for authorisation to take payment from your account.

5.6 The minimum amount you can pay one Member is £1.00 and the maximum is £30.00. There is a 25p service fee for each transaction £1 and under which is charged to you. For any amounts over £1.00 there is an additional 5% charged to you of the gratuity/donation value.

6. Usage of our App

6.1 You may only use our App in a manner that is lawful and that complies with the provisions of this clause 6. Specifically:

6.1.1 you must not use our App in any way, or for any purpose, that is unlawful or fraudulent;

6.1.2 you must not use our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

6.1.3 you must not use our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

6.1.4 the App is only intended for the purpose of leaving gratuity or making donations and no other payments will be authorised

6.2 When communicating in any way using our App, such as leaving reviews, you must not post, communicate information or otherwise do anything that:

6.2.1 is sexually explicit;

6.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

6.2.3 promotes violence;

6.2.4 promotes, assists in, or constitutes any form of unlawful activity;

6.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

6.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

6.2.7 is calculated or otherwise likely to deceive;

6.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

6.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

6.2.10 implies any form of affiliation with us where none exists;

6.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

6.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6.3 We reserve the right to suspend or terminate your Account and/or your access to our App if you materially breach the provisions of this clause 5 or any of the other provisions of these Terms. Specifically, we may take one or more of the following actions:

6.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access our App;

6.3.2 issue you with a written warning;

6.3.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

6.3.4 take further legal action against you as appropriate;

6.3.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

6.3.6 any other actions which we deem reasonably appropriate (and lawful).

7. Complaints

7.1 We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing to [email protected]

8. Our Liability to You

8.1 As stated above, we do not always pre-screen Members or any services that Members advertise on our Platform. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Services purchased via our Platform. Any claims pertaining to a transaction must be made directly against the Supplier concerned.

8.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms for Customers or as a result of our negligence.

8.3 Subject to sub-Clause 8.2, to the fullest extent permissible by law, we will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

8.4 Nothing in these Terms for Customers seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

8.5 Nothing in these Terms for Customers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

9. Data Protection

9.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

9.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.

9.3 Members will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address). Members are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.

10. Other Important Terms

10.1 We may transfer (assign) our obligations and rights under these Terms for Customers to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms for Customers will not be affected and our obligations under these Terms for Customers will be transferred to the third party who will remain bound by them.

10.2 You may not transfer (assign) your obligations and rights under these Terms for Customers without our express written permission.

10.3 If any of the provisions of these Terms for Customers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Customers. The remainder of these Terms for Customers shall be valid and enforceable.

10.4 No failure or delay by us in exercising any of our rights under these Terms for Customers means that we have waived that right, and no waiver by us of a breach of any provision of these Terms for Customers means that we will waive any subsequent breach of the same or any other provision.

10.5 We may revise these Terms for Customers from time to time in response to changes in relevant laws and other regulatory requirements.

11. Law and Jurisdiction

11.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

11.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 11.1 above takes away or reduces your rights as a consumer to rely on those provisions.