Terms & Conditions

Terms & Conditions

Terms and definitions in the Terms and Conditions have a defined meaning as follows:

 

1. Terms and Definitions

1.1 Application – an online application submitted by Client to the TOMPAY through TOMPAY Website.

 

1.2 TOMPAY Account - a payment account in TOMPAY system that the Client opens and maintains through the Personal Panel.

 

1.3 TOMPAY – Tompay Ltd, a company incorporated under the laws of England and Wales with registration number 12484741, whose principal place of business is at Mocatta House, Trafalgar Place, Brighton, England, BN1 4DU. TOMPAY is authorised by FCA under the Electronic Money Regulations 2011 for the issuing of electronic money. TOMPAY’s FCA financial services register number is 931509.

 

1.4 Business Day - any day other than a Saturday or a Sunday or a public or bank holiday in England, or any other holiday previously announced by TOMPAY.

 

1.5. Client - the natural person or legal entity in whose name TOMPAY Account is opened and maintained.

 

1.6 Customer Service - TOMPAY customer service, which the Client can reach by sending a message through the “Contact Us” facility on the Website.

 

1.7 FCA - the Financial Conduct Authority of the United Kingdom, which address is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s website at fca.org.uk.

 

1.8 Fees - the charges payable by the Client to TOMPAY for using TOMPAY services, available on Personal Panel section “Fees”.

 

1.9 Financial Ombudsman Service - the services provided by the United Kingdom Financial Ombudsman Service, details of which can be found at www.financialombudsman.org.uk and which could be contacted at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, United Kingdom.

 

1.10 Payment Transaction - a money transfer operation initiated by the Client.

 

1.11 Payment Transfer – a payment transaction wherein funds are transferred to a TOMPAY Account.

 

1.12 Personal Panel – TOMPAY personal profile that enables the Client to open and maintain TOMPAY Account.

 

1.13 Privacy Policy - the TOMPAY policy governing the processing of personal data, which is available on the Website, as may be amended from time to time.

 

1.14 Strong Customer Authentication – verification method based on at least two elements categorised in the Payment Services Regulations 2017 (PSRs 2017).

 

1.15 Terms and Conditions - the Terms and Conditions, published on the Website that may be amended from time to time.

1.16 Website - the TOMPAY website available at www.tompayment.com/

 

1.17. Services - services provided by TOMPAY to Client in accordance with these Terms and Conditions.

 

1.18. External Account - Client’s bank account or electronic wallet, that is not provided by Company, unless mentioned otherwise. External Account may be used to deposit Funds or to withdraw Funds from TOMPAY Account.

 

1.19. Deposit - to transfer of Funds from External Account to the TOMPAY Account for carrying out Payment Transactions. The word “depositing” means carrying out the said transfer by Client. Funds received from the third parties are described as “Received Funds”.

 

1.20. Withdraw - to transfer Funds, accounted for Client on TOMPAY Account, to External Account or any other bank account or electronic wallet at Client’s demand. The word “withdrawal” means carrying out the said transfer by Company at Client’s demand. 

 

1.21. Funds - money (in any currency), electronic money that can be kept in TOMPAY Account, withdrawn to External Account or sent to a third-party recipient, or used to pay for Services.

1.22. Authorized third parties - entities contracted by TOMPAY to perform elements of Services, including those that construe the important operational functions in sense of Article 26(3) Electronic Money Regulations 2011.

 

2. Subject and Scope of the Terms and Conditions

 

2.1 The subject of the Terms and Conditions is to provide the Client with TOMPAY services in order to send and receive electronic money payments and other services provided by TOMPAY.

 

2.2 The agreement between the Client and TOPMPAY on the provision of the Services is concluded when the Client submits an Application for TOMPAY Account services.

2.2.1. Alternatively, if the Services are offered through collaboration with the other service providers, the moment and the order of the Agreement’s conclusion may be defined in the Terms and Conditions of such service provider.

 

2.3 The Terms and Conditions is a contract between the Client and TOMPAY. It sets out the terms and conditions that apply to the Client’s use of TOMPAY services. The Client agrees that the Client’s use of TOMPAY services shall constitute the Client’s acceptance of the Terms and Conditions. Before the Client submits an Application for TOMPAY services, the Client must read any updates of the Terms and Conditions on the Website or the Application. All future changes set out in an update are incorporated by reference into the Terms and Conditions. The changes in the Terms and Conditions will take effect on the date specified by TOMPAY.

 

2.4. The Terms and Conditions govern the opening, use and closure of TOMPAY Account and other related payment services as referred to herein.

Together with agreements concluded, Privacy Policy, and any other conditions and documents (Supplements, Agreements, Rules, Declarations, etc.), including but not limited to, information on the websites, they constitute the legal relationship between the Client and TOMPAY.

 

2.5. The Client is advised to read the Terms and Conditions carefully. If there is any part of the Terms and Conditions the Client does not understand or wish to clarify, the Client is advised to contact TOMPAY.

 

2.6. The Client is advised to print or download and keep a copy of the Terms and Conditions and Fees for future reference. The Client can always view the current version of Terms and Conditions on the Website.

 

2.7. Depending on the type of TOMPAY Account the Client has, additional terms and conditions and agreements may apply.

 

3. TOMPAY Account

 

3.1. TOMPAY Account is an electronic money account that enables the Client to hold stored value (known as "electronic money" or "e-money"), to send and receive electronic payments. The Client can check the balance of funds and view the Payment Transactions carried out on the Client TOMPAY Account via the Personal Panel.

 

3.2. The electronic money on TOMPAY Account is issued in accordance with the Electronic Money Regulations 2011 and the other relevant national legislation of the United Kingdom.

 

3.3. Without prejudice to section 12, the electronic money held on TOMPAY Account does not expire.

 

3.4. The Client has the right to withdraw funds from TOMPAY Account at any time. However, the Client may be required to confirm the Client’s identity and present any supporting documentation beforehand. There is no minimum withdrawal amount, but the funds on TOMPAY Account must be sufficient to cover any applicable withdrawal fee.

 

3.5. TOMPAY Account is issued by TOMPAY and it is not a bank account. Although it is a product regulated by the FCA, by accepting the Terms and Conditions, the Client acknowledges that TOMPAY Account and the electronic money stored on it is not covered by the UK’s Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with the TOMPAY Account. Although TOMPAY Account is not covered by the Financial Services Compensation Scheme, TOMPAY ensures that once it receives the Client’s funds they are held in a segregated account, and safeguarded in accordance with the Electronic Money Regulations 2011 and Payment Services Regulations 2017 until they are spent or withdrawn or reimbursed to the Client. If TOMPAY becomes insolvent, funds that the Client deposited to the Client’s TOMPAY Account will be protected for the Client against the claims of any creditors of TOMPAY as they are held in a safeguarded account.

 

3.6. The electronic money on TOMPAY Account belongs to the natural person or legal entity, which is registered as TOMPAY Account holder (the Client).

No person other than TOMPAY Account holder has any rights in relation to the funds held in TOMPAY Account, except in cases of succession.

The Client may not assign or transfer TOMPAY Account to a third party or otherwise grant any third party a legal or equitable interest over it.

 

3.7. TOMPAY Account may be subject to transfer, transaction and withdrawal limits, depending on the Client’s country of residence, the verification status of TOMPAY Account and other factors used by TOMPAY to determine such limits from time to time at TOMPAY sole discretion.

 

3.8. Electronic money held on TOMPAY Account will not earn any interest.

 

3.9. There is a Private TOMPAY Account and Corporate TOMPAY Account.

3.9.1. Before opening any of the TOMPAY Accounts the Client for the identification purposes is required to state her/his identity: name, surname, date of birth, country of residence and both her/his cell phone number, her/his email address, provide her/his audiovisual recording in good quality with appropriate lighting for TOMPAY to identify the Client, good quality photo or scanned copy of ID document or passport of the Client, scanned copy of utility bill, dated within the last 3 months.

3.9.2. Corporate TOMPAY Account requires the Client to submit application form, documents and information set by TOMPAY in the Application form.

3.9.3. TOMPAY may outsource identification and verification procedures to the authorised third party provided all the requirements of personal data protection are complied with. 

 

3.10. In case the potential Client has not submitted the documents listed in Section 3.9.1, TOMPAY does not process the Application further.

 

3.11. During the verification of the document TOMPAY or the Authorized third party checks that:

3.11.1. document is valid;

3.11.2. there is no obvious signs of forgery (strange smears, document is damaged etc.);

3.11.3. quality of the documentation (regarding the content, quality, possible mistakes) complies with the legislation.

3.11.4. TOMPAY does not process the Application further if documents do not include all of the required pages.

 

3.12. Client confirms that:

3.12.1. The document includes all necessary pages, grading scales, legends and translations.

3.12.2. the file is complete, that all scanned images are correctly oriented (portrait or landscape) and that all content is readable before submitting to TOMPAY. The Client should ensure that all 4 (four) corners of the document are visible.

 

3.13. In case if the proof of identity and/or proof of address documents listed in Section 3.9.1 cannot be accepted for any reason (e.g. ID photo does not look genuine, etc.), TOMPAY has the right to deny the Application.

 

4. Applying for TOMPAY Account and Opening TOMPAY Account

 

4.1. In order to use TOMPAY’s services the Client must first open TOMPAY Account by applying and submitting all the required information. As part of the TOMPAY Account opening process, the Client will need to accept the Terms and Conditions and pay document verification Fee for opening a TOMPAY Account by choosing one of the payment methods acceptable by TOMPAY (transfer by payment card VISA/MasterCard or by Payment Transfer). The Client must not be in breach of any of the Terms and Conditions. TOMPAY may refuse to provide services to residents of countries mentioned in the FATF blacklist, OFAC Sanctions List and other countries mentioned in various sanction lists or in recommendations of regulating authorities against cooperation.

 

4.2 If the Client is a private individual, the Client must be at least 18 years old to use TOMPAY services, and by opening TOMPAY Account the Client declares that the Client is 18 years old.

 

4.3. To get access to the Services, the Client must apply for TOMPAY Account by providing all of the information requested on the registration stage of Website. Before the opening the TOMPAY Account, Client may use the Website according to the User Policy. All information the Client provides to TOMPAY during the application process or any time thereafter must be accurate and truthful. The Client must not provide any false, inaccurate, incomplete or misleading information.

 

4.4. The Client may only open TOMPAY Account if it is legal to do so in the Client’s country of residence. By opening TOMPAY Account the Client represents and warrants to TOMPAY that the Client’s opening of TOMPAY Account does not violate any laws or regulations applicable to the Client. The Client shall indemnify TOMPAY against any losses TOMPAY incurs in connection with the Client’s breach of this section.

 

4.5. The Client may not be able to use TOMPAY Account or any part of its services until the Client has passed all TOMPAY’s identity and security validation and verification checks, and provided information requested in accordance with anti-money laundering regulations. TOMPAY and the Authorized third parties may check all personal and identity verification information the Client gives us with credit reference or fraud prevention agencies and other organizations. These agencies may keep a record of the Client’s information and the searches done. However, TOMPAY and the Authorized third parties do not perform a credit check and any search is for identity verification purposes only. TOMPAY and the Authorized third parties shall keep records of the information and documents they obtain to verify the Client’s identity in accordance with all applicable legal and regulatory requirements.

 

4.6. For additional Account opening possibility Client shall contact TOMPAY customer service.

TOMPAY has the right to refuse to open additional accounts.

 

4.7. The Client may only add payment instruments to TOMPAY Account if the Client is the legal holder of that payment instrument. TOMPAY takes any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which the Client is not the legal holder as a fraudulent act.

 

4.8. During application process, the Client will be asked whether the Client intends to use TOMPAY Account for private or commercial purposes. If the Client has any intention to use TOMPAY Account for commercial purposes, the Client shall inform TOMPAY if the Client also uses the Account for private purposes. If the Client has stated that they will use TOMPAY Account for private purposes only, the Client shall inform TOMPAY immediately, before the Client wishes to use it for commercial purposes at any point in the future, by contacting TOMPAY Customer Service.

The Client is considered using TOMPAY Account for commercial purposes if the Client is receiving or transferring payments for or in connection with any business activity. TOMPAY reserves the right to determine whether, in TOMPAY reasonable opinion, the Client is using TOMPAY Account for commercial purposes. If the Client is using TOMPAY Account for commercial purposes, in addition to the Terms and Conditions, the Client shall be bound by TOMPAY Corporate Account agreement. If the Client is in any doubt about whether or not an activity amounts to a commercial activity, the Client should contact Customer Service.

 

5. Maintaining TOMPAY Account

 

5.1. The Client confirms that the information on TOMPAY Account is always accurate and up to date and TOMPAY shall not be liable for any loss arising out of the Client’s failure to do so. TOMPAY or the Authorized third parties may ask the Client at any time to confirm the accuracy of the Client’s information or to provide documents or other evidence.

 

5.2. TOMPAY has the right to block Client’s TOMPAY Account at any time, if comes to its knowledge that the Client’s provided documents are out of date, are unreadable, does not look genuine, documents do not include all necessary pages, grading scales, legends and translations, etc. Client has to correct deficiencies in the required documents during 7 (seven) working days after receiving TOMPAY’s e-mail.

 

5.3. In case the Client’s TOMPAY Account has been blocked, after the Client has submitted the needed documents TOMPAY may unblock the Client’s TOMPAY Account within 2 (two) working days from the date required documents were received if they passed the requirements check and no other inquiry is needed.

5.4. TOMPAY may contact the Client by e-mail or phone or in other ways described in section 18 with information or notices regarding TOMPAY Account. It is the Client’s responsibility to check regularly the proper functioning of her/his e-mail address and phone number or other methods of communication that the Client has registered with TOMPAY Account and to retrieve and read messages relating to TOMPAY Account promptly. TOMPAY shall not be liable for any loss arising out of the Client’s failure to do so.

 

5.5. Payment Transactions are displayed in the Client’s online transactions history together with the fees charged. Each such transaction is given a unique transaction ID and shown in the transaction history. The Client should quote this transaction ID when communicating with TOMPAY about a particular Payment Transaction. The Client should check TOMPAY Account balance and transaction history regularly.

The Client should report any irregularities or clarify any questions the Client has as soon as possible by contacting Customer Service.

 

5.6. Subject to the provisions of section 7 below, in order to claim a refund for an unauthorised or incorrectly executed Payment Transaction on TOMPAY Account the Client must notify TOMPAY without undue delay after becoming aware of the unauthorised or incorrect Payment Transaction and in any event no later than thirteen (13) months after the debit date of the Payment Transaction.

 

6. Keeping TOMPAY Account safe

 

6.1. The Client must take all reasonable steps to keep TOMPAY Account password safe at all times and never disclose it to anyone. Any message the Client receives or website the Client visits that asks for the Client’s password, other than the Personal Panel, should be reported to TOMPAY. If the Client is in doubt whether a website is genuine, the Client should contact the Customer Service. It is advisable to change the Client’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to TOMPAY Account.

TOMPAY also advises the Client not to choose a password that is easily guessed from information someone might know or gather about the Client’s or a password that has a meaning. The Client must never allow anyone to access TOMPAY Account or watch the Client accessing TOMPAY Account.

 

6.2. If the Client has any indication or suspicion of TOMPAY Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the Client is advised to change the password.

The Client must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of TOMPAY Account, login details, password or other security features. Any undue delay in notifying TOMPAY may not only affect the security of TOMPAY Account but may result in the Client being liable for any losses as a result. If the Client suspects that someone else accessed TOMPAY Account, the Client should also contact the police and report about the incident.

 

6.3. TOMPAY may suspend TOMPAY Account or otherwise restrict its functionality on reasonable grounds relating to the security of TOMPAY Account or any of its security features or if TOMPAY reasonably suspects that an unauthorised or fraudulent use of TOMPAY Account has occurred or that any of its security features have been compromised. TOMPAY will notify the Client of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where TOMPAY is unable to do so, immediately after the suspension or restriction has been imposed, unless notifying the Client would be unlawful or compromise TOMPAY’s reasonable security interests. TOMPAY will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

 

6.4. The Client must take all reasonable care to ensure that the Client’s e-mail address(es) are secure and only accessed by the Client, as the Client’s e-mail address may be used to reset passwords or to communicate with the Client about the security of TOMPAY Account. In case any of the e-mail addresses registered with TOMPAY Account are compromised, the Client should without undue delay after becoming aware of this contact Customer Service and also contact the Client’s e-mail service provider.

 

7. Depositing Funds

 

7.1. The Client can deposit Funds to TOMPAY Account by Payment Transfer from External Account. Notwithstanding section 7.5 below, TOMPAY shall not be responsible for the deposited payment until TOMPAY receives the deposited Funds. When the Client deposits Funds to TOMPAY Account, the Client permits TOMPAY to receive a transfer of Funds on Client’s behalf from Client’s External Account, plus deduct any applicable Fees from those Funds, and then issue electronic money at par value to the amount transferred (net of the applicable Fees) to Client’s TOMPAY Account.

7.1.1.In order to deposit money or electronic money, they must be “supported” by TOMPAY (the functionality of the Website provides for the possibility to use them).

 

7.2. The Client may be asked to answer security questions or to complete other activities that TOMPAY may reasonably require to ensure proper authorisation of a Payment Transfer.

 

7.3. If the Client chooses a depositing method using a payment instrument that may be subject to chargeback rights, the Client declares that the Client will not exercise such chargeback right other than for unauthorised use of the payment instrument or for a breach by TOMPAY of these Terms and Conditions, which would result in the Client having a right to a refund of the deposited amount. Otherwise, the Client may not charge back any Payment Transfer or allow a chargeback of any Payment Transfer for reasons for which TOMPAY are not responsible, including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. TOMPAY reserves the right to charge the Client fees and expenses TOMPAY incurs in connection with such chargeback and any action undertaken to challenge the same. TOMPAY may also charge the Client an extra fee, according to applicable Fees available on the Personal Panel section “Fees”.

 

7.4. If a chargeback or reversal of a Payment Transfer results in a negative balance in TOMPAY Account, the Client will be required to repay such negative balance by depositing sufficient Funds into TOMPAY Account. Failure to do so is a breach of the Terms and Conditions. Repayment of the negative balance is due immediately without notice. TOMPAY reserves the right, at any time, to send the Client reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. TOMPAY reserves the right to charge the Client the expenses TOMPAY reasonably incur in connection with any debt collection or enforcement efforts, including legal fees.

 

7.5. Deposited Funds will be credited to TOMPAY Account after TOMPAY has received the Funds. The time actually needed for depositing Funds depends upon the actions of third parties (including banks, the international payment systems operators, etc.) and may differ from case to case. Some Payment Transfers may be credited to TOMPAY Account immediately, but are subject to reversal in case the actual Funds do not reach TOMPAY within a reasonable time in which case TOMPAY will deduct such reversed Payment Transfer from the balance of TOMPAY Account. If TOMPAY Account balance is insufficient, TOMPAY reserves the right to require repayment from the Client.

 

7.6. Client may deposit Funds using a credit or debit card, via a bank transfer or other methods available on the Website. Some depositing methods may not be available due to a number of factors including, for example, where Client is located, the Client’s identification information, limitations imposed by the international payment systems operators, etc.

The Client must not make a deposit through a payment instrument if the Client is not the legal holder of that payment instrument. TOMPAY will treat any attempt to use a payment instrument of which the Client is not the legal holder as a fraudulent act. Without prejudice to claiming further damages, if TOMPAY is required to return Funds uploaded from a payment instrument that is not in the Client’s name, TOMPAY may charge a fee per upload return, according to applicable Fees.

 

7.7.  Payment Transfers are subject to limits due to security and legal requirements. These limits are set depending on the Client’s TOMPAY Account type.

 

7.8. Before depositing any Funds into TOMPAY Account, the Client must ensure that the Client’s current Transaction and Withdrawing limits meet the Client’s Withdrawal and Transaction requirements as TOMPAY legally cannot allow the Client to exceed these limits.

 

7.9. The Client should regularly reconcile Payment Transfers with the Client’s own records.

 

7.10. According to section 13, Payment Transfers are subject to Fees depending on which depositing method and payment instrument is chosen.

 

7.11. After the Client’s action to transfer Funds to TOMPAY Account, TOMPAY issues and transfers to the Client’s TOMPAY Account balance electronic money in an amount equal to the transferred amount (according to actual currency exchange rates available on Personal Panel in section Fees, in case of conversion to other currency), except in cases when the Client exceeded the limits established legally or by TOMPAY.

 

7.12. You represent and warrant that:

(a) External Accounts and Funds which (1) You deposited to TOMPAY Account (2) were sent to Your TOMPAY Account by the third parties  - rightfully belong to You. Holding Funds in TOMPAY Account on the behalf of the third parties is not accepted, unless otherwise provided by the legislation of England and Wales and the internal control rules of TOMPAY or an agreement concluded in accordance with them between the Parties;

(b) Funds which You deposited to Your TOMPAY Account or received  to Your TOMPAY Account from the third parties as well as Your relevant wealth are derived from lawful sources.

 

7.13.  You acknowledge that TOMPAY or Authorised third parties shall be entitled to verify (check) Your compliance with sub-section 7.12 of this section at any time at TOMPAY’s discretion, in particular by the following means:

(a) requesting a documentary confirmation of the source of origin of Your Funds, the title of property to them, Your rights to External Accounts (inter alia requesting the relevant bank statement and the photo of the bank card (or its part or fragment) placed (held) near Your face) as well as a documentary confirmation of the source of Your wealth;

(b) using special software enabling to identify money laundering, terrorist financing and financing of proliferation of weapons of mass destruction using money, electronic money and tokens and other risks associated with the funds, in particular, to analyse the history of using Your External Accounts, their connection with other accounts and transactions and to define the risk of using such External Accounts for illegal activities;

(c) requesting information from third parties (payment service providers, banks and non-bank credit organizations, etc.).

 

7.14.  In case You are unable (unwilling) to provide to TOMPAY the necessary documentary proofs, specified in sub-section 7.13 of this section, and (or) TOMPAY has reasons to suspect Your non-compliance with sub-section 7.12 of this section, TOMPAY shall be entitled to perform any of the following actions (one or several actions): (1) to reject depositing or withdrawing Funds, to (from) Your TOMPAY Account, or (2) to suspend depositing or withdrawing Funds to (from) Your TOMPAY Account, or (3) to freeze (block) Funds accounted for You on Your TOMPAY Account, or (4) to suspend (block) Payment Transactions carried out via Your TOMPAY Account, or (5) to refuse to transfer (credit) to Your External Account, the transfer (crediting) to which You are demanding, or (6) to block a financial transaction (operation) in which You (Your representative) participate (participates), or (7) to suspend Your TOMPAY Account, or (8) to deactivate (close) Your TOMPAY Account, or (9) to perform other actions provided for in these T&C or legislation.

 

8. Sending Payment Transaction and Receiving Funds

 

8.1.1. The Client may make an order for a Payment Transaction of Funds that are “supported” by TOMPAY for such transaction to the third parties’ bank account or electronic wallet in case of meeting all AML/CTF Requirements and after deduction of all applicable Fees and charges.

 

8.1.2. The Client may receive Funds that are “supported” by TOMPAY from the third parties’ bank account or electronic wallet that will be accounted for on TOMPAY Account in case of meeting all AML/CTF Requirements and after deduction of all applicable Fees and charges.

 

8.1.3. To send a Payment Transaction the Client is required to authorise it with the Client’s login details and password received in Client’s e-mail or sms. TOMPAY may also ask the Client additional security questions relating to the Client or TOMPAY Account. If TOMPAY Account is protected by additional security measures such as Strong Customer Authentication, the Client needs to follow the instructions provided to the Client with such additional security measures. If TOMPAY Account is enabled to make mass payments, the procedure to make such payments will be communicated to the Client in the relevant integration manual. Client is responsible for the safety of its electronic devices and keeping their passwords/access codes/Strong Customer Authentication secret at all times and TOMPAY is not responsible of their theft or use by third parties as a result of Clients negligence, misconduct or including cases when third parties have become aware of password/access code contents and uses it to access Clients TOMPAY Account.

 

8.2. Every recipient of a payment the Client wishes to send through TOMPAY Account must have a valid means that TOMPAY can use for his or her identification.

 

8.3. If the Client is asked to provide details of the recipient’s contact information, requisites or other means of identification, where applicable, the Client must take great care to properly type the exact details of who the Client wishes to send money to. TOMPAY uses those details as the unique identifier to determine the intended recipient of the payment, which the Client instructs TOMPAY to process. Other information the Client provides along with the recipient’s means of identification may be disregarded and TOMPAY shall not be liable for any error the Client makes when entering the recipient’s means of identification.

 

8.4. If the Payment Transaction details of the intended recipient is registered with TOMPAY, the funds will be instantly credited to TOMPAY Account associated with payment details. Once Funds are credited to the recipient’s TOMPAY Account, the Payment Transaction becomes irreversible.

 

8.5. Payments are subject to payment limits due to security and legal requirements. These limits are set depending on the Client’s TOMPAY Account level. The Client should ensure that the Client’s limits are sufficient to cover the Payment Transaction the Client intends to make as well as any applicable Fees including service fees and currency conversion fees. The Client should be aware that the recipient of a Payment Transaction may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the Funds the Client intends to send.

8.6. TOMPAY will deduct the value of Client’s Payment Transaction from the balance on Client’s TOMPAY Account and any applicable Fees at the time of the Payment Transaction. If the Client makes a Payment Transaction, any applicable Fees will be added to the amount of such transaction so that the total sum of the Payment Transaction amount plus the applicable Fees will be deducted from the Client’s TOMPAY Account balance. After that TOMPAY sends Funds from its designated accounts to a recipient.

 

8.7. If the Client is attempting a Payment Transaction in excess of the available balance on the Client’s TOMPAY Account at the time the request is made plus any applicable Fees, then the Client’s request will not be processed.

 

8.8. In the unlikely event, for any reason whatsoever, a Payment Transaction is completed when there are insufficient funds on the Client’s TOMPAY Account (a "Shortfall"), the Shortfall shall be reimbursed by the Client unless it is due to an error on the part of the merchant. In this circumstance TOMPAY may seek the Shortfall from the merchant.

 

8.9. Where the Shortfall must be reimbursed by the Client, the Client will be required to upload Funds immediately to reimburse the negative balance of TOMPAY Account. Until TOMPAY is reimbursed the Shortfall amount, TOMPAY may suspend the Client’s TOMPAY Account. If TOMPAY believes the Shortfall has been created intentionally this will be treated as potential fraud. TOMPAY also reserves all its rights stipulated in Section 7.4 in the case of the Shortfall. 

 

8.10. TOMPAY may refuse to process the Client’s Payment Transaction:

8.10.1. If sufficient Funds are not deposited on the Client’s TOMPAY Account at the time of a Payment Transaction to cover the amount of the a Payment Transaction and any applicable Fees;

8.10.2. The Client fails to pay applicable Fees;

8.10.3. If there is an outstanding Shortfall on the TOMPAY Account;

8.10.4. If TOMPAY has reasonable grounds to believe that the Client is acting in breach of the Terms and Conditions;

8.10.5. If TOMPAY ascertains that a Payment Transaction Is suspicious or potentially illegal (for example, if TOMPAY ascertains that a Payment Transaction is being made fraudulently); or because of errors, failures (whether mechanical or otherwise).

 

8.11. If TOMPAY refuses to process a Payment Transaction because TOMPAY ascertains it is suspicious or potentially illegal, where TOMPAY is permitted to do so by applicable law, TOMPAY will contact the Client. If TOMPAY refuses to process a Payment Transaction for any other reason, TOMPAY will inform the Client by email without undue delay and in any event by the end of the next Business Day, giving TOMPAY’s reasons and explaining how the Client can correct any information TOMPAY holds that led to TOMPAY refusing to process the Payment Transaction, unless informing the Client would compromise security measures or be unlawful.

 

8.12. The Client should regularly reconcile outgoing and incoming Payment Transactions with the Client’s own records.

 

8.13. According to section 13, sending payments is subject to Fees, including currency conversion fees depending on the type of payment the Client makes and the type of TOMPAY Account the Client holds.

 

9. Prohibited Transactions

 

9.1. It is strictly forbidden to send or receive Funds as consideration for the sale or supply of: Adult-related physical goods, Adult-online live content, webcam, online streaming content and acts of offensive adult content, Adult advertising, Child Pornography, Bestiality, Rape/Hate/Violence, Weapons and Firearms, Unlicensed Gambling, Shell Banks and Offshore Banks/FIs, Unlicensed Crypto traders or exchangers, Replica/Copyright infringement, Tobacco, Escort/Massage Pariours, Continuity Suppliers offering memberships or other services that require a negative response from the Customer to avoid automatic renewal, or Suppliers offering services that extend beyond 1 year in length, Direct marketers, who offer sales-incentive-based programs that rely on "breakage" to earn a profit ("breakage" is defined as services paid for by the Customer but never used), multilevel marketing schemes or Suppliers engaged in the practice of "up supplying", Grey market suppliers that are taking advantage of cross-border trading loopholes in national laws (where domestically the activity is legally grey), Outbound Telemarketing / Inbound Telemarketing/ Phone Solicitation Merchants, Reverse Auctions, Raffles and Prize Draws, Services and/or products that require pyramid type schemes for distribution, Services which may provide peripheral support of illegal activities for business.

TOMPAY reserves the right, at TOMPAY sole discretion, to add categories of prohibited transactions by adding such categories to the Terms and Conditions.

 

9.2. It is strictly forbidden to make Payment Transactions to or to receive Funds from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. TOMPAY may suspend or terminate TOMPAY Account at any time or refuse to execute or reverse a Payment Transaction if TOMPAY believes that the Client directly or indirectly use or have used TOMPAY Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is the Client’s responsibility to ensure that the Client does not use TOMPAY services for transactions that may be considered illegal in the Client’s jurisdiction.

 

9.3. The Client is not allowed to use TOMPAY services if the Client is residing in any of the countries of FATF blacklist, OFAC Sanctions List and other countries mentioned in various sanction lists or in recommendations of regulating authorities against cooperation. This list is not exhaustive and TOMPAY may decide at its sole discretion to discontinue or restrict TOMPAY’s Services in other countries at any time and without prior notice. TOMPAY reserves the right to suspend or terminate TOMPAY Account at any time if TOMPAY reasonably believes to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

 

9.4. It is strictly forbidden to use TOMPAY Account for any illegal purposes including but not limited to fraud and money laundering. TOMPAY will report any suspicious activity to the relevant law enforcement agency. The Client is prohibited from using TOMPAY Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

 

9.5. If the Client conducts or attempts to conduct any transaction in violation of the prohibitions contained in this section 9, TOMPAY reserves the right to: reverse the transaction; and/or close or suspend TOMPAY Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from the Client; and charge the Client a fee according to applicable Fees, in case TOMPAY applies any of the above.

 

9.6. It is the Client’s and not TOMPAY responsibility to ensure that the Client only sends payments to or receive payments from persons or entities for the sale or supply of goods and services that the Client may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through TOMPAY Account is not an indication of the legality of the supply or provision of their goods and services. If the Client is in doubt as to the legality of a supply or purchase, the Client should not continue with the Client’s payment. It is the Client’s and not TOMPAY responsibility to ensure bank account details are entered correctly to avoid payment errors and any charges.

 

10. Withdrawing Funds

 

10.1 The Client can withdraw all or part of the Funds held in TOMPAY Account at any time to External Account. To do this the Client must log into TOMPAY Account, fill out the payment order, and enter the amount to be withdrawn. Where the withdrawing payment is received by the Client through the involvement of a payment service provider (such as the bank where the Client holds a bank account), TOMPAY shall not be responsible for the withdrawing payment any further once the Client’s payment service provider receives the withdrawn funds.

 

10.2. TOMPAY upon the Client’s request of withdrawing of all or part of the electronic money held in TOMPAY Account at any time shall buy back electronic money from the Client subject to limitations and exceptions set by the Terms and Conditions.

 

10.3. If the Client’s withdrawing request exceeds the current limit, established to comply with legal regulations or according to TOMPAY Account type limits or for the safety of TOMPAY Account, TOMPAY may decline the Client’s request and instead require the Client to send to TOMPAY documents verifying the Client’s identity and address prior to allowing a withdrawal of Funds or to otherwise cooperate with TOMPAY to verify the Client’s identity.

 

10.4. The Client must not make a withdrawal to a bank account or other payment instrument if the Client is not the legal holder. TOMPAY will treat any attempt to use a payment instrument of which the Client is not the legal holder as a fraudulent act. According to section 13, withdrawing Funds is subject to Fees and currency fees, depending on the type of payment instrument the Client uses and the type of TOMPAY Account the Client has.

 

10.5. The Client must ensure that the payment details the Client enters when withdrawing Funds are correct and complete. TOMPAY will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to the Client providing incorrect payment details. When withdrawing to a bank account, the Client must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If the Client has withdrawn Funds to the wrong payment instrument, the Client may request that TOMPAY assist the Client in reclaiming the Funds, however, TOMPAY may charge the Client a fee according to applicable Fees for doing so and TOMPAY cannot guarantee that the reclaim efforts will be successful.

 

10.6. TOMPAY reserves the right to carry out on its own or through Authorized third parties any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of the Client’s Funds, including returning any funds to the Client after the Client has closed TOMPAY Account as set forth in section 12.

 

10.7. The Client should regularly reconcile withdrawing payments with the Client’s own records.

 

10.8. According to section 13, withdrawals are subject to withdrawing fees and currency conversion fees depending on which withdrawing method and payment instrument is chosen.

 

11. Currency Conversion

 

11.1. The Client may convert the electronic money held in the Client’s TOMPAY’s Account into other currencies TOMPAY supports from time to time. The Client may keep or transfer converted money. The TOMPAY is entitled to carry out only non-cash money conversions.

 

11.2. The applicable exchange rate is available in the Personal Panel and the Client has to place a currency exchange order via Personal Panel in accordance with our Fees. Transaction history is always available in the Personal Panel.

11.3. Once the Client’s order to carry out the currency exchange has been received by Us it cannot be cancelled.

 

11.4. The TOMPAY bears no responsibility if the Client loses any money as a result of converting currency.

 

11.5. TOMPAY would not be responsible for any losses:

11.5.1. in the event if TOMPAY cannot provide Payment Transactions in converted currency;

11.5.2. in the event that Payment Transactions with converted currency are returned to the Client. In this case the Client will be able to keep it or convert it back to the original currency, each of these activities are considered as separate transactions.

11.6. The Client agrees and accepts the risks of holding balances in multiple currencies that (i) foreign currency exchange rates are subject to fluctuations which are outside of TOMPAY control and (ii) past movements or trends in the movement of foreign currency exchange rates cannot be taken as an indicator of future movements in exchange rates. The Client agrees to not use TOMPAY services for speculative trading.

 

12. Termination, suspension and closing TOMPAY Account

 

12.1. TOMPAY may terminate TOMPAY Account or any payment service associated with it by giving the Client one (1) month prior notice immediately if the Client is in breach of any of these terms or other terms applicable to the Client. The Client may terminate TOMPAY Account at any time. Different termination provisions may apply if the Client uses TOMPAY Account for commercial purposes as set out in section 4.8 above.

 

12.2. Together with a termination notice or at any time thereafter TOMPAY may give the Client reasonable instructions on how to Withdraw remaining Funds.

 

12.3. Termination of TOMPAY Account with positive balance of electronic money will not prevent TOMPAY from making deductions in accordance with Terms and Conditions, legal requirements and agreements with the Client.

 

12.4. TOMPAY may suspend TOMPAY Account at any time immediately if TOMPAY reasonably believes that: (i) TOMPAY Account has been compromised or for other security reasons; or (ii) TOMPAY reasonably suspects TOMPAY Account to have been used or is being used without the Client’s authorisation or fraudulently; or (iii) TOMPAY need to do so to comply with the law; or (iv) as stated in section 8.10 above. TOMPAY shall notify the Client either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless TOMPAY is prohibited by law to notify the Client.

 

12.5. TOMPAY may at any time suspend or terminate TOMPAY Account without notice in case:

12.5.1. TOMPAY has reasons to believe that the Client is in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

12.5.2. the Client violates or TOMPAY has reasons to believe that the Client is in violation of any law or regulation that is applicable to the Client’s use of TOMPAY’s services; or

12.5.3. the Client breaches any condition of the Terms and Conditions or any other condition applicable to specific services covered by separate terms and conditions.

 

12.6. If the Client’s TOMPAY Account is suspended or terminated the Client will not be able to use any of the functionality of the TOMPAY Account.

 

12.7. When TOMPAY Account is terminated (closed), TOMPAY will immediately block the Client’s TOMPAY Account so it cannot be used. The Client will remain liable for all obligations relating to the Client’s TOMPAY Account even after TOMPAY Account has been terminated (closed). Terminating (closing) TOMPAY Account does not mean that TOMPAY deletes the personal data that we hold on the Client and TOMPAY will continue to store such data, including the history of the Client’s transactions for a minimum period required by law.

 

12.8. If TOMPAY Account holds a positive balance at the time of its closure, TOMPAY will ask the Client to withdraw the Client’s funds within a reasonable period, during which TOMPAY Account will be accessible for withdrawing the remaining balance only. After the expiry of this period, the Client will not be able to access TOMPAY Account but the Client may withdraw any remaining funds by contacting Customer Service and requesting that the funds be sent to the Client in a manner that is reasonably acceptable for TOMPAY. The Client may do so for a period of five (5) years from the date of closure of TOMPAY Account but TOMPAY suggests that the Client withdraws the Client’s remaining funds as soon as possible as they will not earn any interest while being deposited in TOMPAY Account. The Client’s obligations concerning keeping TOMPAY Account safe as set forth in section 6 shall continue to apply.

 

12.9. If TOMPAY Account has not been active for the last six (6) months, it is classified as Dormant. This type of TOMPAY Account will be charged according to Fees.

 

13. Fees

 

13.1. Fees depend on whether the Client is using TOMPAY Account for personal or commercial purposes.

 

13.2. Transaction related fees could be viewed at any time on the Personal Panel section “Fees”. Additional fees apply to TOMPAY Account used for commercial purposes in accordance with the applicable terms and conditions referred to in section 4.8 above. The Client should print or download and keep a copy of the Fees section together with a copy of the Terms and Conditions. For clarity, the Fees section forms part of the Terms and Conditions. Fees are subject to change in accordance with section 17. Under certain circumstances, TOMPAY may charge additional fees as set out in these Terms and Conditions.

 

13.3. The Client’s transactions may be subject to currency conversions. If the Client makes a payment from TOMPAY Account denominated in one currency to TOMPAY Account denominated in another currency, the Client will be asked to make the payment either in the currency of TOMPAY Account or in another currency. If the Client chooses the currency of TOMPAY Account, then the recipient will pay the fee for the conversion into the currency of the recipient’s TOMPAY Account. If the Client chooses the currency of the recipient’s TOMPAY Account, the Client will pay the fee for the currency conversion into the currency of the payment. If the Client chooses a currency, that is neither the currency of TOMPAY Account nor the currency of the recipient’s TOMPAY Account then the Client will pay the fee for the conversion into the currency of the payment, and the recipient will pay the fee for the conversion of the payment currency into the currency of the recipient’s TOMPAY Account.

 

13.4. For every currency conversion, TOMPAY will apply its own exchange rates that are available on the Personal Panel section “Fees”.

Changes in these exchange rates may be applied immediately and without notice.

 

13.5. Fees are expressed either as a percentage of the transaction or as a fixed amount in GBP, that may be changed based on the amount and/or currency. Where fixed fee amounts are displayed in a currency other than GBP, this is for information purposes only. If fees are deducted from a balance or a transaction denominated in a different currency, the GBP fee amount will be converted into an equivalent fee in that other currency based on the TOMPAY exchange rates applicable at the time and available on the Personal Panel. TOMPAY will not apply a foreign exchange fee on currency conversions of fees.

13.6. Fees payable by the Client will be deducted from TOMPAY Account balance and the Client hereby authorises TOMPAY to do the same. Transaction fees will be charged when the Transaction Payment is executed. If TOMPAY Account balance is insufficient to cover the Fees, TOMPAY may refuse to execute the transaction.

 

13.7. In case the Client does not have sufficient funds on the relevant TOMPAY Account to cover the Fees and does not immediately deposit sufficient funds to cover these Fees, TOMPAY has the right to deduct the required amount from any of the Client’s TOMPAY Account.

 

14. Complaints

 

14.1. Any complaints of the Client regarding TOMPAY services shall be submitted to the TOMPAY in writing by e-mail: support@tompayment.com. The Client should clearly indicate the date the problem arose, the payment order number(s) and all necessary details if the complaint is about a specific transfer and what the complaint is about.

 

14.2. The TOMPAY investigate the complaint, and Client will get a response by email in accordance with the provisions of the Terms and Conditions and TOMPAY’s complaints policy.

 

14.3. TOMPAY complaint handling policy is available on our www.tompayment.com.

 

15. Client’s Data

 

15.1. The processing of the Client’s data is governed by the Privacy Policy, which can be found on the Website. By accepting the Terms and Conditions, the Client also agrees to the terms of the Privacy Policy. The Client should print and keep a copy of the Privacy Policy together with the Terms and Conditions.

 

15.2. As a default, the Client will receive e-mail newsletters that will inform the Client about new product features, events, promotions, special deals etc. By accepting the Terms and Conditions, the Client agrees to receive such e-mail newsletters on a regular basis. If the Client does not wish to receive any newsletters from TOMPAY, the Client can opt out at any time by logging into TOMPAY Account and changing the appropriate setting in TOMPAY Account profile. The Client can also opt out of receiving newsletters by contacting Customer Service. Any e-mail newsletter the Client receives will also give the Client the option to unsubscribe from any future newsletter.

 

15.3. All relevant Client’s data is updated and stored electronically according to legal requirements.

 

15.4. The Client agrees that TOMPAY carries out processing of personal and other data in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations. TOMPAY carries out the processing of personal data of the Client, its representatives, authorized persons, representatives, beneficial owners and other third parties related to the Client, including the collection, registration, input, storage, arranging, modification, using, transferring, transmission and disclosure of data, blocking or deletion, and the Client is obliged to obtain consent to all data processing mentioned in this section from all persons whose personal data they have transferred to TOMPAY. The purpose of personal data processing is compliance with local and international laws and regulations, Client’s identification and verification, the provision, offering and maintenance of TOMPAY products and services, the security of employees, the security of TOMPAY property (assets), the performance of the duties prescribed by law, and the other legal interests of the TOMPAY. 

15.5. The Personal Data Controller is TOMPAY. TOMPAY may authorise the third parties to act as the Data Processors based on the Data Processing Agreements in accordance with Privacy Policy and the relevant legislation.

 

15.6. Personal data may be transferred out from the United Kingdom in compliance with legal requirements and Policy Privacy. 

 

16. Liability

 

16.1. In case of an unauthorised Transaction Payment or a payment that was incorrectly executed due to an error by TOMPAY, TOMPAY shall at the Client’s request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:

16.1.1. if the Client fails to notify TOMPAY without undue delay of any loss of the Client’s password or other event that could reasonably be expected to have compromised the security of TOMPAY Account after the Client has gained knowledge of such event in which case the Client shall remain liable for losses incurred up to the Client’s notification to TOMPAY;

16.1.2. if the Transaction Payment was unauthorised but the Client has compromised the security of TOMPAY Account with intent or gross negligence in which case the Client shall be solely liable for all losses; or

16.1.3. if the Client fails to dispute and bring the unauthorised or incorrectly executed Transaction Payment to TOMPAYs attention within 13 months from the date of the transaction.

 

16.2. Section 16.1.1 shall not apply to transactions made after the Client has notified TOMPAY in accordance with section 6.2 in which case TOMPAY shall remain liable and refund any unauthorised Transaction Payment immediately to the Client.

 

16.3. Without prejudice to the foregoing, the Client is asked to check the transaction history of TOMPAY Account regularly and frequently and to contact Customer Service immediately in case the Client has any questions or concerns.

 

16.4. In the case of any incorrect or misdirected payment, TOMPAY shall take reasonable measures to assist the Client with tracing and recovering such payments though TOMPAY does not guarantee any positive outcome.

 

16.5. Subject to the foregoing, TOMPAY shall not be liable for any disruption or impairment of TOMPAY service or for disruptions or impairments of intermediary services on which TOMPAY relies for the performance of TOMPAY’s obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond TOMPAY’s reasonable control or the control of the intermediary affected.

 

16.6. TOMPAY shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. TOMPAY shall not be liable for any losses arising from TOMPAY’s compliance with legal and regulatory requirements.

 

16.7. TOMPAY’s obligation under the Terms and Conditions is limited to providing the Client with TOMPAY Account and related payment services and does not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a TOMPAY customer (including merchant) or intermediary. If the Client has any disputes about purchases made using the Client’s TOMPAY Account, the Client should settle these with the merchant the Client bought the goods or services from. TOMPAY is not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with the Client’s TOMPAY Account. The Client must remember that once the Client has used TOMPAY Account to make a purchase, TOMPAY cannot stop that Payment Transaction.

16.8. TOMPAY shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between the Client and another TOMPAY customer (including merchant).

 

16.9. The Client agrees to defend, reimburse or compensate TOMPAY and hold TOMPAY harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that TOMPAY incurs or suffers due to or arising out of the Client’s or the Client’s agents' breach of the Terms and Conditions, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between the Client and TOMPAY.

 

16.10. TOMPAY shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect or consequential loss or damage of any kind including punitive or exemplary damages or for any loss of profit or loss of contract, loss of goodwill or reputation, loss of opportunity, loss of revenue or third party loss whether foreseeable or otherwise.

 

16.11. In case the Client is a legal entity, an officer(s) of the entity, who have signatory power, declare to have full control and authorizations to act on behalf of the entity, acknowledges and agrees that TOMPAY will not be used for transactions relating to: 1) Sales made under a different trade name or business affiliation than indicated in this application; 2) Any transactions that violate any law, ordinance, or regulation applicable to the business.

 

16.12. You understand and accept that: (1) Funds in your TOMPAY Account do not enjoy the same protections as are available in respect of traditional deposits and financial products, including the Financial Services Compensation Scheme (FSCS); (2) TOMPAY may deposit, transfer, lend, pledge, repledge or otherwise deal with your Funds if such action is required for the settlement of any amount owing under a service provided under these T&C, or in accordance with legal requirements.

 

17. Changes to the Terms and Conditions

 

17.1. The Terms and Conditions and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from TOMPAY under the procedure set forth in this section.

 

17.2. TOMPAY shall be entitled to unilaterally amend the Terms and Conditions, given a 2 (two) month prior notice to the Client of any change by sending an e-mail to the primary e-mail address registered with TOMPAY Account.

 

17.3. The proposed change comes into effect on the day set by TOMPAY. Changes that make the Terms and Conditions more favourable to the Client come into effect immediately if so stated in the change notice. Changes to exchange rates come into effect immediately without notice and the Client shall not have the right to object to such a change.

 

17.4 The Parties agree that the Client shall be deemed as having agreed with the amendments, unless the Client notifies TOMPAY to the contrary before the date the amendments come to force. If the Client objects to the changes, Client shall contact TOMPAY customer service to mutually resolve this issue, if no agreement can be made between Client and TOMPAY, Client’s TOMPAY Account shall be closed and cooperation terminated. TOMPAY Account will be closed in accordance with the provisions of section 12 above.

 

17.5. The new version of Terms and Conditions shall replace these Terms and Conditions unless otherwise agreed.

17.6. If TOMPAY introduces new products or services that do not affect or change the Terms and Conditions of Client’s TOMPAY Account, TOMPAY may inform the Client and add the product or service immediately.

 

18. Communication and Miscellaneous

 

18.1. TOMPAY communicates to the Client via e-mail or through Personal Panel or through telephone. For this purpose, the Client at all times must maintain at least one valid e-mail address and telephone number in TOMPAY Account profile. The Client is required to check for incoming messages regularly and frequently. E-mails may contain links to further communication on the Personal Panel. Any communication or notice sent by e-mail or Personal Panel will be deemed received by the Client on the same day it is sent to the Client’s e-mail inbox before 1.00 pm on a Business Day. If it is sent to the Client’s email inbox after 1:00pm on a Business Day or at any other time, it will be deemed received on the next Business Day.

The Client agrees that TOMPAY shall use the e-mail address, postal address and phone number of the Client indicated in the Application form (if applicable) to inform the Client on services offered by the TOMPAY. Client agrees to provide additional information in the Personal Panel or by other means if TOMPAY requires it in order to specify the information indicated.

 

18.2. Where legislation requires TOMPAY to provide information to the Client on a durable medium, TOMPAY will either send the Client an e-mail (with or without attachment) or send the Client a notification pointing the Client to information on the Personal Panel in a way that enables the Client to retain the information in print format or other format that can be retained by the Client permanently for future reference. The Client is required to keep copies of all communications TOMPAY sends or makes available to the Client.

 

18.3. The Client can request a copy of the Terms and Conditions or any other contractual document relevant to the Client by contacting Customer Service.

 

18.4. TOMPAY will communicate to the Client in English and will always accept communications made to TOMPAY in English. The Client can choose the Client’s preferred language from the list of supported languages in TOMPAY Account profile and TOMPAY will send the Client automated e-mail notifications and communications regarding changes to the Terms and Conditions in the Client chosen language. For non-standard communication, TOMPAY reserve the right to communicate with the Client in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on TOMPAY to conduct any further communication in that language.

 

18.5. Apart from communicating via e-mail, TOMPAY may contact the Client via letter or telephone, where appropriate. The Client consents to recording telephone calls with TOMPAY without further notice.

If the Client uses any mobile services, TOMPAY may communicate with the Client via SMS. Any communication or notice sent by post will be deemed received four (4) days from the date of posting for UK post or within seven (7) days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.

 

18.6. The Client may contact TOMPAY at any time by sending a message to Customer Service via the “E-Mail Support” facility on the Website or through Personal Panel (web or mobile application).

 

18.7. No person other than the Client shall have any rights under the Terms and Conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

18.8. TOMPAY Account is personal to the Client and the Client may not assign any rights under the Terms and Conditions to any third party.

 

18.9. TOMPAY Account is operated in the United Kingdom and the Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. Any dispute under the Terms and Conditions or otherwise in connection with TOMPAY Account shall be brought exclusively in the courts of England and Wales except where prohibited by law.

 

18.10. If any part of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable fully permitted by law.

 

 

 

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