Effective: August 2023

These Terms of Use apply to your use of the Digital Wallet Service. By registering your Lopay Card with a Digital Wallet Service a digital representation of the Lopay Card will be created, sent to and stored on your device. If you choose to register your Lopay Card to a Digital Wallet Service, you will have agreed to these Terms of Use.

The Digital Wallet Service will allow you to make:

1. contactless payments at a merchant’s contactless-enabled point-of-sale terminal; and
2. in-app or other digital payments on your device at participating merchants.

In these Terms of Use, the following terms have special meanings:

“Digital Card”

means the virtual representation of your Lopay Card stored on your device and used through the Digital Wallet Service.

“Digital Wallet Provider”

means a third-party provider of Digital Wallet Services such as Apple Inc or Google Ireland Ltd.

“Digital Wallet Service”

means a third-party payment system to enable You to make payments using a device that is linked to Your Lopay card.

“Lopay”, “we”, “our” or “us”

means Lopay Ltd.

“Lopay Card”

means the physical debit card issued by Stripe Inc. which you are the cardholder of.

“you” or “your”

means you the holder of the Lopay Card.

These Terms of Use are separate and in addition to any terms and conditions or agreements which govern your Lopay Card and/or your relationship with Lopay and Stripe Inc.

If You have any questions about anything in these Terms of Use or about Lopay’s services, then please visit our website to contact us.

1. Register your Lopay Card and using the Digital Wallet Servicesome text
   1. To use the Digital Wallet Service, you must register your Lopay Card with the Digital Wallet Provider’s e-wallet app available on your device. For information on how to register Lopay Card with the Digital Wallet Service, please refer to our website guides. You may also find further information and help on the Digital Wallet Provider’s website.
   2. By using the Digital Wallet Service, you agree to the Digital Wallet Provider’s terms and conditions (including any privacy policies issued by the Digital Wallet Provider). You should read these terms and conditions carefully before using the Digital Wallet Service as Lopay is not responsible for them.
   3. By using the Digital Wallet Service, you may also be subject to terms and conditions with other third parties. You should read these terms and conditions carefully before using the Digital Wallet Service as Lopay is not responsible for them.
   4. You can make a payment from your Digital Card at anytime so long as the merchant you are purchasing from accepts the Digital Wallet Service in order to take payment.
   5. You are unable to stop a payment which has been made using the Digital Card, but the merchant you are purchasing from may offer you a refund.
   6. When you use the Digital Wallet Service, all terms and conditions between you and us, and between you and Stripe Inc. will continue to apply in the usual way. Any transactions you make using your Digital Card will therefore be subject to the applicable terms and conditions which govern your Lopay Card.
      
2. Securitysome text
   1. By registering with the Digital Wallet Service, a digital representation of your Lopay Card will be sent to and stored on your device. It is your responsibility to ensure that you keep your device safe and secure.
   2. You should keep any security credentials (such as passcodes and biometric data) used to access your device, the Digital Wallet Service and the Digital Card private to you.
   3. If you share your device with another person or allow another person to use the Digital Card (for example, by providing your passcode), you will be responsible for any payments they may make using the Digital Card.
   4. If you believe that somebody else knows any of the security credentials that you use for the Digital Wallet Service, your Digital Card or your device, you should change that information immediately.
   5. You should not use the Digital Wallet Service if you have installed an operating system that is unauthorised or unsupported by your device manufacturer.
      
3. Replacing your devicesome text
   1. It is your responsibility to remove your Digital Card from your old device before you change, upgrade or in any way dispose of it.
   2. You are responsible for registering your Lopay Card to your new device if you wish to continue using the Digital Wallet Service.
      
4. Lost, stolen or compromised devicessome text
   1. If your device is lost, stolen or compromised (for example, a virus or malicious spyware has been installed on it), you should contact us straight away. When contacting us, you should tell us you use the Digital Wallet Service and we will deactivate your Lopay Card.
   2. You may be able to suspend the Digital Card on your device or erase the content of your device. Please refer to the instructions from your device manufacturer.
   3. You are responsible for registering any new Lopay Card issued to you on to your new device if you wish to continue using the Digital Wallet Service.
      
5. Removing your Digital Card from the Digital Wallet Servicesome text
   1. You may stop using the Digital Wallet Service at any time by removing your Digital Card from the Digital Wallet Service. You should follow the instructions of the Digital Wallet Provider to remove your Digital Card from the Digital Wallet Service.
   2. We may still process any payments you made using the Digital Card where those payments were approved prior to the Digital Card being removed from the Digital Wallet.
      
6. Availability of the Digital Wallet Servicesome text
   1. The Digital Wallet Service is made available by the Digital Wallet Provider therefore there may be circumstances where the Digital Wallet Service is unavailable. We are not responsible for any update, unavailability, failure, security issue or performance of the Digital Wallet Service, or if a merchant refuses to accept payment using your Digital Card.
   2. The Digital Wallet Service may only be compatible with certain devices. You should refer to the Digital Wallet Provider’s website if you are unsure whether your device is compatible. We are not responsible if you are unable to use the Digital Wallet Service because your device is incompatible.
      
7. Your personal information and data protectionsome text
   1. We will collect information about you from the relevant Digital Wallet Provider for verification purposes and to prevent and detect fraud. We will also collect details of recent transactions made by your Digital Card. These will appear on your reports accessible within the Lopay app.
   2. We do not transfer your personal data to third parties (other than Stripe), We use a third party to manage Our Digital Wallet Service; Stripe Inc. they may do so.
   3. The relevant Digital Wallet Provider will also collect information about you and you should check the Digital Wallet Provider’s terms and conditions and privacy policy for more information.
      
8. Feessome text
   1. We do not apply a fee or charge for using the Digital Wallet Service itself however you will still be subject to any fees, interest or charges that apply under the terms and conditions which govern your Lopay Card.
   2. The Digital Wallet Provider may choose in the future to apply a fee or charge for using the Digital Wallet Service.
   3. There may be fees and charges associated with your internet or network service provider for using data on your device to access the Digital Wallet Service.
      
9. Suspension and Terminationsome text
   1. In addition to any rights we have to terminate, cancel, suspend or close your Lopay Card under the terms and conditions which govern your Lopay Card, we reserve the right to terminate or suspend your use of the Digital Wallet Service if:
      1. the relevant Digital Wallet Service is no longer made available to Lopay or is no longer provided by the Digital Service Provider;
      2. we reasonably suspect you have committed, or may be about to commit, a criminal offence in connection with your use of the Digital Wallet Service;
      3. we reasonably suspect you have committed, or may be about to commit, fraudulent activity in connection with your use of the Digital Wallet Service;
      4. there is a change in law or regulation which means the Digital Wallet Service can no longer be offered to You; or
      5. there is any other legitimate reason which requires us to do so.
   2. If we terminate or suspend your use of the Digital Wallet Service, we will tell you promptly.
   3. You should be aware that the Digital Wallet Provider may also be able to suspend or terminate your use of the Digital Wallet Service. You should refer to the Digital Wallet Provider’s terms and conditions to find out what right they have to suspend or terminate your use.
      
10. Changes to the Terms of Usesome text
    1. We can make changes to these Terms of Use at any time. If we do this we will inform you of the changes.
    2. If you do not agree to any such changes, you should no longer use the Digital Wallet Service.
       
11. Governing Law and Jurisdictionsome text
    1. These Terms of Use will be governed by English law and any court proceedings related to these Terms of Use must be taken at a court within England and Wales.

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