Terms and Conditions

1.1 These terms of use (together with the documents referred to in them, including our Privacy Policy and Cookie Policy) set out the terms on which you may use our website, www.lynkpay.co.uk (our “site”). Use of our site includes accessing, browsing or registering to use it. 1.2 Please read these terms carefully before you start to use our site. By using our site, you confirm that you accept these terms and agree to comply with them. If you do not agree, you must not use our site. 1.3 These terms govern your use of the site itself. They do not govern the payment services provided through the LynkPay platform; those services are subject to a separate client services agreement and to the account terms and conditions of Modulr (see section 2).

2.1 Our site is operated by LynkPay Ltd (“we”, “us” or “our”). We are a company registered in England and Wales under company number 13288967, and our registered office is at We Work, 1 St. Peters Square, Manchester, M2 3DE. 2.2 LynkPay Ltd is an Appointed Representative and Partner Platform of Modulr Finance Limited (Firm Reference Number 900699), which is registered with the Financial Conduct Authority as an EMD Agent of Modulr FS Limited. Modulr FS Limited (Firm Reference Number 900573) is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution. You can check these details on the Financial Services Register at register.fca.org.uk. 2.3 LynkPay Ltd is not a bank or an electronic money institution. The payment accounts and electronic money services accessed through the platform are provided by Modulr FS Limited, and the safeguarding of funds is undertaken by Modulr, not by LynkPay. 2.4 To contact us, please email support@lynkpay.co.uk.

3.1 We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you.

4.1 We may update our site from time to time and may change the content at any time. Although we make reasonable efforts to keep the site up to date, any of the content may be out of date at a given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5.1 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or available without interruption. 5.2 Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice, and we will not be liable to you if for any reason our site is unavailable at any time or for any period. 5.3 You are responsible for making all arrangements necessary to access our site, and for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms, and that they comply with them. 5.4 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any user identification code or password at any time if, in our reasonable opinion, you have failed to comply with these terms.

6.1 You may use our site only for lawful purposes. You must not use our site (or allow anyone else to use it): (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, including by misrepresenting your identity or account information; (c) to access or interfere with another person’s records, to impersonate another person, or to create or use a false identity or email address; (d) to harm or attempt to harm minors in any way; (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (f) to obtain or attempt to obtain unauthorised access to, or to interfere with, damage or disrupt, any part of our site, any equipment or network on which our site is stored, or any software used in connection with our site; (g) to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprising or making up any part of our site; (h) to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element of our site, including any software, content or services provided through it; or (i) to use any technology or process to access, acquire, copy, monitor or search our site or any portion of it, including any data mining, robots or similar data-gathering and extraction tools. 6.2 You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. You must not knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. 6.3 Where we provide interactive features on our site, we are under no obligation to oversee, monitor or moderate them, and we exclude our liability for any loss or damage arising from their use in breach of these terms. Any contribution you make must be accurate where it states facts, genuinely held where it states opinions, and must comply with applicable law. Contributions must not be defamatory, obscene, offensive, hateful or inflammatory; must not promote violence, discrimination or any illegal activity; must not infringe the rights of any other person; and must not be likely to deceive, harass, upset, embarrass, alarm or annoy any person.

7.1 We may monitor and log user activity for security purposes and to identify any actual or potential misuse of our site. Failure to comply with this acceptable use section constitutes a material breach of these terms. 7.2 Where we believe that you have, or are likely to, breach these terms, we may take such action as we reasonably consider appropriate, including immediate, temporary or permanent withdrawal of your right to use our site; removal of any material you have contributed; the issue of a warning; legal proceedings against you; and disclosure of information to law-enforcement authorities or regulators where appropriate.

8.1 We are the owner or licensee of all intellectual property rights in our site and in the material published on it, including the LynkPay and Knectd names and logos. Those works are protected by copyright, trade-mark and other laws and treaties around the world. All such rights are reserved. 8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use, and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 8.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence from us or our licensors. If you breach these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely, and in particular it does not constitute legal, financial, investment or tax advice. You must obtain appropriate professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 9.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

10.1 Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law. 10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied. 10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site, or use of or reliance on any content displayed on it. 10.4 If you are a business user, we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. 10.5 If you are a consumer, please note that we provide our site for domestic and private use only, and you agree not to use it for any commercial or business purpose. 10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your equipment, programs, data or other proprietary material due to your use of our site or your downloading of any content from it, or from any website linked to it.

11.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site, and you should use your own virus-protection software. 11.2 By breaching the prohibitions on misuse of our site set out in these terms, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law-enforcement authorities and will co-operate with them by disclosing your identity. In the event of such a breach, your right to use our site will cease immediately.

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists, and you must not frame our site on any other site. We reserve the right to withdraw linking permission without notice. 12.2 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and we have no control over their contents. We assume no responsibility for them and they should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.

13.1 Headings are for convenience only and do not affect interpretation. In these terms, the singular includes the plural and vice versa, and references to a person include companies and other entities. 13.2 We will not be liable for any delay or failure to perform any obligation under these terms where caused by circumstances beyond our reasonable control. 13.3 Each of the provisions of these terms operates separately. If any provision is found to be unlawful, invalid or unenforceable, the remaining provisions will remain in full force and effect, and the provision in question will apply with the minimum modification necessary to make it lawful, valid and enforceable. 13.4 A failure or delay by us in enforcing any provision of these terms will not be a waiver of that or any other provision. You may not assign or transfer any of your rights or obligations under these terms without our prior written consent. 13.5 These terms (together with our Privacy Policy and Cookie Policy) constitute the entire agreement between you and us in relation to your use of our site. Nothing in these terms confers any right on any person under the Contracts (Rights of Third Parties) Act 1999. 13.6 You agree that we may give notices and other communications to you by email or by posting them on our site, and that this will satisfy any legal requirement for such communications to be in writing. Any such notice will be deemed received 24 hours after it is emailed or posted.

14.1 If you are a consumer, these terms, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are resident in Scotland, you may also bring proceedings in Scotland, and if you are resident in Northern Ireland, you may also bring proceedings in Northern Ireland. 14.2 If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law, and you and we agree to the exclusive jurisdiction of the courts of England and Wales.

15.1 To contact us about these terms or your use of our site, please email support@lynkpay.co.uk.