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Welcome to Lynkpay’s Terms of Service! We’re excited you are interested in our Services.

Below, you find important legal terms that apply to anyone who visits our website or uses our Services. They are necessary to protect both of us, and to make our Services possible for everyone.

LEGAL AGREEMENT

This is a binding and enforceable legal agreement between you (either an individual or a legal entity, “Users”) and LynkPay. This Terms of Service (the “Agreement”) outline the rules and regulations for the use of Lynkpay’s website (“our website”) and the and services made available here (collectively, the “Service”).

You represent that you have full power, capacity, and authority to accept these Terms on behalf of yourself or your employer.

You are not authorised to rent, lease or sublicense access to any of our Services; or circumvent or disable any security or technological features or measures of our Services.

By using our Services, you acknowledge that you have read our Privacy Notice available at https://lynkpay.co.uk/privacy (“Privacy Notice”).

By using our Services, you signify your consent to these Terms, and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

Please read the Terms carefully. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE LYNKPAY’S SERVICES OR WESBITE.

INTRODUCTION

This website is owned and operated by Drivers Pay Limited (“LynkPay “, “us “, “we“), a private limited liability company registered in the United Kingdom.

LynkPay provides the Service to Taxi companies to facilitate receipt by Merchants of payments by card through the “Card Networks” from persons who pay them (“Purchasers”). “Card Networks” means, collectively, Visa Europe Ltd. (“Visa”), Mastercard Europe S.A. (“MasterCard”), Discover, American Express or other payment card networks, associations, or companies. LynkPay is not a party to transactions between Merchants and Purchasers and shall not be responsible for any liabilities arising thereunder.

Taxi companies must register with LynkPay directly or through the Platform. To register, a Merchant provides information, including an email address and a self-selected password, in order to create an account (“Account”). You may also be issued access keys that may be used to authorise certain transactions. This Account enables you to review card transactions that are in process of settling from a Card Network and us to your linked bank account. You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken under them.

 

MEDIATION AND ARBITRATION CLAUSE

Future disputes:

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be three.

The seat, or legal place, of arbitration shall be London, UK.

The language to be used in the arbitral proceedings shall be English.

The governing law of the contract shall be the substantive law of England and Wales.

Existing disputes:

A dispute having arisen between the parties concerning the services offered by LynkPay and its affiliates, the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.

The number of arbitrators shall be three.

The seat, or legal place, of arbitration shall be London, UK.

The language to be used in the arbitral proceedings shall be English.

The governing law of the contract shall be the substantive law of England and Wales.

In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

The language to be used in the mediation and in the arbitration shall be English.

The governing law of the contract shall be the substantive law of England and Wales.

In any arbitration commenced pursuant to this clause,

  • the number of arbitrators shall be three; and
  1. the seat, or legal place, of arbitration shall be London, UK

ACCOUNT REQUIREMENTS

To set up an account and use the Service you must:

  • Be 18 years of age, or the age of majority in your province, territory or country, to become a Member. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
  • Provide your legal full name, valid email address, address, and any other information we request to complete your account-signup process.
  • Provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
  • Personally and manually create your account without using any automated means, except for any auto-complete feature offered by your internet service provider. A third party may not create an account for you, and you must not allow any third party to use your information to create an account.
  • Do not be a national or resident of one of UK embargoed or sanctioned countries.

 

USER ACCOUNT

The customer who created the account and whose Payment Method is charged (the “Account Owner”) has access to and control over the account.

All actions taken in your account and all activities occurring will be deemed to be on your behalf and in your name, and are your responsibility.

To maintain control over the account and prevent anyone from accessing the account, we strongly encourage you to keep the login credentials of your User Account confidential and allow such access only to people you trust. The account information you provide us must be your own (or your company’s), and be accurate and complete, as we may use it to identify the actual owner of the User Account submitted to us.

Account owners are not allowed to share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single use only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or LynkPay. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.

In case a User Account is disputed, we reserve the right to determine the ownership of such User Account based on our reasonable judgment. 

Each Account must be linked to a verified U.K. bank account, held in the Taxi Company’s name.

 

ACCESS TO THE SERVICES

LynkPay does not provide the equipment to access our Services. You are held responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

LynkPay reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. LynkPay will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

LynkPay also reserves the right, in our sole discretion, to reject, refuse service, or delete any User data, and to restrict, suspend, or terminate your access to our services at any time, for any reason, without prior notice, and without liability.

FEES

You must provide current, complete and accurate billing and credit card information, and agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible for paying.

Fees do not include any local, state, federal or foreign taxes, levies, duties, or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for payment of all Taxes associated with its purchases hereunder, and any related penalties and interest. If your payment fails, and after we have reached out to you, LynkPay reserves the right to suspend or terminate access to the Application Services and delete the User Content.

Duration Software Use Terms:

Basic Lynkpay with no Open banking service: 30 days rolling with a 1-month notice period.

Lynkpay full Open banking services and active FPS and PISP.  12 months from activation start date/contract date.  

RESTRICTIONS

You shall use our Services only in compliance with all applicable laws, including any applicable data protection and privacy laws, and the terms of this Agreement.

National or residents of any UK embargoed or sanctioned countries are not granted access to our services.

You shall not and shall not permit or authorize any third party to:

  • Copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to our Services, use our Services for the benefit of any third party, or make our Services available to anyone other than its Users.
  • Use our Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store Sensitive Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs.
  • Circumvent or disable any digital rights management, usage rules, or other security features of the Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or the data contained therein.
  • Modify, copy, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works based on our Services, or any portion thereof.
  • Access or use our Services for the purpose of building a competitive product or service or copying its features or user interface.
  • Remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Service.
  • Use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services.

If you are located in a country outside the United Kingdom, it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.

You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

“Sensitive Information” shall mean:

  • information under regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards), including, but without limitation, financial account numbers, debit or credit card information, magnetic stripe data, or card verification values.
  • Government issued personal identifiers, including, but without limitation, passport numbers, or other state issued identification numbers.
  • Bio-metric identifiers, including without limitation, genetic data or health data.
  • Personally identifiable information collected from children under the age of 13 or from online services directed toward children.
  • Real time geo-location data which can track or identify an individual’s precise movements.
  • Passwords, authentication/authorization credentials, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications); export-controlled information for which you have not obtained all required export licenses or government approvals.
  • Other information the unauthorized disclosure of which could cause material, severe, or catastrophic harm or impact to any data subjects or third parties.

INTELLECTUAL PROPERTY

All of the intellectual property rights in and to our website belong to us and our licensors. We may update and change the materials available on our website, including by removing materials, at any time in our discretion without notice to you. You may download or print sections of our website if needed for your own personal use, but otherwise you may not reproduce any part of our website without our express prior consent. To the extent that our website contains functionality that allows you to access or download specific materials through our website, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.

DISCLAIMERS OF WARRANTIES

To the fullest extent permitted by the applicable law, LynkPay offers the website, app, software and service as-is and makes no representations or warranties of any kind concerning the website or its service, express, implied, statutory or otherwise, including, without limitation, merchantability, fitness for a particular purpose. LynkPay does not warrant that the functions or content contained on the website or service will be uninterrupted or error-free, that defects will be corrected, or that our servers are free of viruses or other harmful components. LynkPay makes no representation or warranty that the information provided through the service, regardless of the source, is accurate, complete, reliable, current, or error-free. LynkPay disclaims all liability for any inaccuracy, error, or incompleteness in the service. No advice or information, whether oral or written, obtained by user from LynkPay or through or from the services will create any warranty not expressly stated in this agreement.

END USER RESPONSIBILITY

You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any LynkPay policies. LynkPay assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact LynkPay at info@LynkPay.com. LynkPay may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will LynkPay be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

LIMITATION OF LIABILITY

While we use reasonable care and skill in operating our website, we cannot promise that our website will always be available, meet your requirements or be completely free of faults, errors or compromise from cybersecurity events. Except to the minimum extent required by applicable law and then only to that extent, in no event will LynkPay, its employees, officers, directors, affiliates or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or service, or similar damages suffered or incurred by you or any third party that arise in connection with the website, your use of our services and service content (or the termination thereof for any reason), even if LynkPay’s team has been advised of the possibility of such damages.

Under no circumstances will the total liability of us arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us the month before.

LINK TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by LynkPay. LynkPay has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT LYNKPAY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

TRADEMARKS

The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by LynkPay and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, imitate, use in part or in whole, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property without the prior written permission of LynkPay.

The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through LynkPay.

You shall not use any metatags or any other “hidden text” utilizing LynkPay or any other name, trademark or product or service name of LynkPay without prior written permission. In addition, the look and feel of LynkPay, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of LynkPay and may not be copied, imitated or used, in whole or in part, without prior written permission.

PRIVACY

We will manage any personal information that we collect through our website in accordance with our Privacy Notice, which you can access here.

LynkPay is designed to enable you to learn more about how your visitors (your “Visitors”) use your website or product by giving you the ability to collect information based on their interaction. LynkPay does this in part using a tracking code placed on your User’s device from your server. Some information is automatically collected from or about your Visitor when you use our Services. If you integrate the official LynkPay tracking code in your product or website it may by default collect Visitor data including but not limited to: the time of an event, the elements a Visitor has interacted with, metadata and other details about these elements, and how a Visitor came to your site.

We collect, store, and use your Visitor data on our servers to provide you with the ability to better maintain and improve your Services. We may also use data in an aggregated form for our own purposes.

Our Services transfer data to servers that store User data in the EU. We only share User information with others under special circumstances as follows:

  • To comply with laws or to respond to lawful requests and legal process (provided that LynkPay will endeavour to notify you if LynkPay has received a lawful request for your information).
  • To protect the rights and property of LynkPay, customers, and others including to enforce our agreements, policies, and terms of use.
  • In an emergency, including to protect the personal safety of any person; And for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).
  • LynkPay provides you with access to your Visitor data. We also take commercially reasonable steps to safeguard Visitor and User data.

You agree to provide appropriate notices to your Visitors about, and if required by applicable laws obtain appropriate consent from Visitors for, your information collection and use practices relating to your use of our Services and your use of cookies for tracking purposes. Appropriate notices may include a notice in the form of a privacy notice posted on your site.

LynkPay may also collect registration and other information about you as our customer.

INDEMNITY

You agree to defend, indemnify and hold harmless LynkPay,  its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, costs, damages, expenses (including attorneys’ fees), claims and liability caused by your use of this website, our Services, User’s violation of this Agreement, User Content, or User’s violation of any rights of a third party through the use of our Services.

TERMINATION OF AGREEMENT

A Party has the right to terminate the Agreement with immediate effect if the other Party (I) substantially breaches the terms and conditions of the Agreement and has not rectified the breach within thirty (30) days of receiving a written request from the other Party; or (II) is declared bankrupt or placed into liquidation.

The Seller has the right to terminate the Agreement with immediate effect or discontinue the service delivery for the duration of the delay if the Customer neglects to pay the contractual fees as agreed.

If a Party terminates the agreement pursuant to this section, the Seller is entitled to charge the payments accrued prior to termination of the agreement from the Party.

INVALIDITY AND SEVERABILITY

If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

WAIVER

The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

FORCE MAJEURE

A Force Majeure Event refers to such an exceptional and influential event that it prevents fulfilling the contract correctly; that has occurred after signing the contract; that is independent of the Parties; and that is something the Parties could not have considered when concluding the contract nor prevent it without undue additional costs or unreasonable waste of time. Such an occurrence may be, for example, war, rebellion, internal unrest, confiscation by an authority or seizure for the public good, bans on import and export, natural phenomena, termination of public transportation or energy supply, extensive labour dispute or fire or some other equally effective and exceptional reason which is independent of the Parties.

CHANGES

LynkPay reserves the right, at its sole discretion, to modify or replace any part of this Agreement. You will be held responsible to check this Agreement periodically for changes. Your continued use of or access to LynkPay following the posting of any changes to this Agreement constitutes acceptance of those changes.

LynkPay may also offer new services in the future and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

We also reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.

GOVERNING LAW

These terms of use are governed and construed by the laws in force in England and Wales and are subject to the exclusive jurisdiction of the courts in that jurisdiction, except where otherwise required by mandatory law.

 

COMMUNICATION

All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:

info@lynkpay.com

Pure Office, 137 Pastures Ave, St Georges, Weston-super-Mare BS22 7SB, United Kingdom

QUESTIONS?

Congratulations! You have reached the end. Thanks for taking the time to learn about LynkPay’s Website Terms of Use.

If you have any questions or concerns about LynkPay’s services or these Terms, you may contact us by email at info@lynkpay.co.uk

Last Updated on 22nd June 2020.