10th September 2019
Please read these Terms & Conditions (“Terms & Conditions”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the VibePay service (“Service”) refers to the use of VibePay for the purposes of which it was intended), you agree to comply with and be bound by these Terms & Conditions. If you do not agree with the Terms & Conditions please do not use our service.
1. Who we are
1.1 VibePay (“VibePay”) is a social payments app that enables registered users (“Users”) to communicate directly, in real-time via an in-built chat messaging programme. Users can request money instantly and subsequently receive money by way of linking their bank account securely, via the Open Banking technology (“Open Banking” information can be found via their website).
1.2 The VibePay platform (“platform”) refers to both the mobile application ‘app’ and the website ‘site’ and all the information provided within it. The app is available on iOS and Android under the name ‘VibePay’, and the website is currently located at vibepay.com.
1.3 The VibePay service (“Service”) available on our platform is provided to you by Vibe Pay Limited (“Vibe Pay”), a company registered in England and Wales via Companies House under company number 11118944, with the Registered Office at The Storey, Meeting House Lane, Lancaster, England, LA1 1TH.
1.3 VibePay can be contacted by email at email@example.com or by post at The Storey, Meeting House Lane, Lancaster, England, LA1 1TH
2. Our Payment Service
2.1 Vibe Pay is authorised and regulated by the Financial Conduct Authority (“Financial Conduct Authority”), under Reference number 814356 as a Payment Institution (“PI”), with permission to provide the following payment services:
2.1(a) Payment Initiation Services and
2.1(b) Account Information Services
2.2. The VibePay services comprises of the Messaging programme (“Messaging Programme”), and the Payment processing service (“Payment Service”).
2.2 (a) The messaging programme (provided by VibePay) will allow you to search your contact (“contact”) list, add a new contact, share a link via your phone messaging tools, and ultimately chat with your contacts via the VibePay platform.
2.2 (b) All our Payment services are provided via Open Banking. Within the VibePay platform you will be able to receive payments directly to your bank or building society (“Bank”) without having to share your password or login details with anyone other than your own bank. By way of Open Banking you control VibePay’s access to your data and for how long (see section 13).
2.3 Using the VibePay platform you will create a group (“Group”) and send a link to your contact(s) requesting a monetary amount to be paid to you (please see section 5). The link will take your contact through a validation process (see section 4 and 8) to ensure they are the contact you selected and intended to receive the link for payment. They are then redirected (via Open Banking) to their bank’s online system, and from there make a payment directly to you (see section 2.2(b)). This process is the basis of Open Banking, enabling the funds to reach the rightful recipient without disclosing security credentials to any third parties.
2.4 To successfully make a payment you must have enough funds in your connected bank account. The payment going through is subject to your bank authorising it. If this transfer payment results in a negative value, or is released despite a lack of available funds in your account, neither VibePay nor Open Banking can accept liability.
2.5 You will have visibility of your connected bank’s balance. As the balance is not updated in real time, it cannot be relied upon to accurately reflect your current available funds.
3. Fees, Limits, and user blocks
3.1 VibePay does not charge consumers any fees whatsoever for the use of our services.
3.2 Your connected bank may set transaction limits. This means that your bank may block certain transactions that they deem unacceptable.
3.3 VibePay also has transaction limits of ???
3.4 VibePay may block or restrict any activity we deem unacceptable, such as the following:
-Any breach of these Terms & Conditions or any other policies applicable to you;
-Violation of any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
-Infringe our copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
-Create or control more than one user account for yourself without our express authorisation, through methods like: using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
-Act in a manner that is defamatory, trade libelious, threatening, harassing or discriminatory to other users, or groups or to VibePay;
-Provide false, inaccurate or misleading information;
-Send or receive what we reasonably believe to be potentially fraudulent money;
-Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
-Intentionally use our services in a manner that results in or may result in:
disputes and claims
fees, fines, penalties or other liability or losses to VibePay
-Harass and/or threaten VibePay employees
4. User access
4.1 We verify user access by verifying their mobile phone number. The organiser of the group will create their VibePay account by downloading the app, and providing their mobile phone number. They will receive a text message from Phone Code to verify the mobile phone number. They must enter the same code into the VibePay platform. We may request further details to verify users. We also require the same text verification process for any contact added to the group. If you are the intended contact or a member of that group, we will grant access.
4.2 The access to or use of the VibePay platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. An example will be, Terms & Conditions for your bank.
4.3 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
4.4 You must provide accurate, current and complete information during the registration process.
4.5 You should not create more than one user account within VibePay, this includes authorising another party to take over the group for you, purporting to be you.
5.1 The group name you create and the name you have your contact(s) saved as on your phone will be visible to anyone who receives the link, at least in the first instance.
5.2 Anyone with the link to your group, will have visibility of the group chat (“Group Chat”), although they will not be able to chat with you unless they are one of the contacts you added to that group – this is verified by their mobile number (see section 4)
5.3 Only the contacts who you have added to the group chat can send money to you using the VibePay platform.
5.4 There is no limit on the amount of contacts that you can add to a group. However, we reserve the right to monitor the number of contacts you add to the group.
6.1 Agreeing with our Terms & Conditions is mandatory for you to be able to access our service. In addition, we ask that you comply with the following rules when using the Service, and understand that any non-compliance means that you assume any liability as a result of it:
-REPORT your phone to the necessary services (your phone provider, police service, insurance company etc) if you find that it has been compromised, or is lost or stolen;
-DO NOT partake in any action that is offensive, abusive, defamatory, pornographic, threatening, or obscene;
-DO NOT use our services to conduct any activity that is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of VibePay;
-DO NOT purposely include any other user’s personal data;
-DO NOT impersonate or misrepresent yourself or your affiliation with another user within a group, with the intention to defraud, deceive or mislead others.
6.2 You acknowledge and agree that violation of any of the above may result in the immediate termination of your VibePay access.
7. Your information/data
7.1 By use of our service you acknowledge and understand that the details you have provided are visible and accessible to VibePay, this is excluding your bank details.
7.3 Marketing can be opted out of within the app.
7.4 Push notifications must be managed by you from within your device
7.5 Should you wish to remove your data from VibePay you have the right to do so (please see section 13). We will keep some of your data however where there is a legal or regulatory requirement on us to do so.
8.1 The eligibility of a user is determined by the type of bank account held by that user and whether it falls within the scope of bank accounts accepted by Open Banking, and is subject to VibePay’s risk appetite,
8.2 VibePay risk appetite allows only for a UK bank, and the account must be a personal account
8.3 For Open Banking to work, a user must be able to access their account via online or by mobile.
8.4 You bank account will also need to have the ability to do transfers and payments externally, therefore accounts such as some ISAs will not be able to transfer to someone else’s account.
8.5 You must have a valid UK mobile number.
8.6 You must be a UK resident to use the VibePay platform. If you are a resident in a sanctioned country (“sanctioned country “ refers to The Balkans, Belarus, Burma, Côte D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Venezuela, Ukraine/Russia, Yemen, and Zimbabwe) you are prohibited from using our platform.
9. The Internet and viruses
9.1 Due to the nature of the Internet, VibePay cannot guarantee the continuous and uninterrupted availability and accessibility of the VibePay platform. VibePay may decide to restrict the availability of our platform or certain parts of our service, if this becomes a necessary action, in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure that our platform and service remains fit for purpose.
9.2 The VibePay Platform may contain links to third-party websites or resources (“Third-Party Services”). These third-party services may be subject to different terms and conditions and privacy practices, and therefore VibePay cannot be responsible or liable for the availability, accuracy of content or services of such Third-Party Services.
9.3 Any user found to intentionally facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, intercept, or gain unauthorized access to any system, data, information of VibePay services will be removed from our Platform and services and may be subject to further action.
10. Complaints handling process
10.1 We hope that you do not have cause to complain, but we understand that instances may occur that leave you displeased or with a cause for concern. In this case, you have the right to raise a complaint to us. VibePay are easily contactable using the contact details in section 1, and we will address your concerns with an aim to resolve the issue. In the first instance we will acknowledge your complaint via email. We will advise at that point how long we expect to take to address your complaint.
10.2 In order to resolve your complaint quickly and efficiently you agree to cooperate with us and to provide the necessary information for us to investigate the matter.
10.3 We will endeavour to handle your complaint fairly and quickly, however, if you are not satisfied with the outcome, you may and have the right to contact the Financial Ombudsman Service. They can be contacted via post at Exchange Tower, London E14 9SR, by telephone on 0800 023 4567 or 0300 123 9 123, via the website http://www.financial-ombudsman.org.uk and finally by email firstname.lastname@example.org.
11. Other Terms that may apply to users
12. Right to Modify Terms & Conditions, and Service
12.1 VibePay reserves the right to modify these Terms at any time in accordance with our business needs and requirements, under our sole discretion. If we make changes, we will post the revised Terms on the VibePay platform and update the “Last Updated” date at the top of the page. If you disagree with the revised Terms, you may no longer wish to use our services (see section 13), and can do so by contacting us (see section 1). It is your responsibility to check for any amendments to these terms.
12.2 We also recommend that you review these terms prior to raising any concerns or complaints.
12.3 We are regularly updating and upgrading the VibePay platform and service, and may release new features to comply with the law and to provide a better service for our customers.
12.4 We may introduce new platforms or services from time to time.
12.5 By agreeing to these Terms and Conditions you acknowledge VibePay’s right to make these changes.
13. Termination rights
13.1 You always have the right to terminate your access to the VibePay service without reason. You can do this by contacting us as per section 1.
13.2 You can also terminate your relationship if you do not agree with any updated Terms & Conditions, or platform and service changes in the same way as above. If, however you do not terminate your Agreement before the date our revised Terms become effective, your continued access to or use of the VibePay Platform will constitute acceptance of the revised Terms.
13.3 We may terminate the relationship if we believe that you have engaged in any restricted activity, abuse of user access, or actions taken in a group, or group chat. If we do take this action, we will inform you via email.
14. Suspending or withdrawing our Service
14.1 We make our service available free of charge on an “as is” basis.
14.2 We do not guarantee that our service, or any content on it, will always be available or be uninterrupted. We may restrict, suspend or withdraw the availability of all or any part of our service for business and operational reasons at any time without notice