New Terms & Conditions Effective from October 5th, 2021

Effective from October 5th, 2021

Introduction

These terms and conditions apply between you, the User of this Website / Rizq application (including any sub-domains, unless expressly excluded by their own terms and conditions), and Rizq Financial Technologies Limited, the owner and operator of this Website / Rizq application. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website / Rizq application. If you do not agree to be bound by these terms and conditions, you should stop using the Website / Rizq application immediately.

In these terms and conditions, User or Users means any third party that accesses the Website / Rizq application and is not either (i) employed by Rizq Financial Technologies Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Rizq Financial Technologies Limited and accessing the Website / Rizq application in connection with the provision of such services.

You must be at least 18 years of age to use this Website / Rizq application. By using the Website / Rizq application and agreeing to these personal terms and conditions, you represent and warrant that you are at least 18 years of age.

This webpage sets out very important terms and conditions for your Rizq personal account and its related services.

Rizq (firm reference number 902910) is authorised to issue e-money by the Financial Conduct Authority under the Electronic Money Regulations 2011 as an EMD agent of PayrNet (firm reference number 900594).

If you are looking to use a Rizq account for business purposes, these terms and conditions will not apply to you. You’ll need to read the Business Terms & Conditions.

Intellectual property and acceptable use

  1. All Content included on the Website / Rizq application, unless uploaded by Users, is the property of Rizq Financial Technologies Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, designs, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website / Rizq application, including any such content uploaded by Users. By continuing to use the Website / Rizq application you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
  2. For your own personal use, and non-commercial use, you may do the following: retrieve, display and view the Content on a computer / mobile screen.
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Rizq Financial Technologies Limited.

Prohibited use

You may not use the Website / Rizq application for any of the following purposes:

  1. in any way which causes, or may cause, damage to the Website / Rizq application or interferes with any other person’s use or enjoyment of the Website / Rizq application;
  2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  3. making, transmitting, replicating, or storing electronic copies of Content protected by copyright without the permission of Rizq Financial Technologies Limited.
  4. You must not misuse the Website / Rizq application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website / Rizq application, the server on which the Website / Rizq application is stored or any server, computer or database connected to the Website / Rizq application. You must not attack the Website / Rizq application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website / Rizq application will cease immediately.

 

Rizq does not allow transactions for the following business types:

Cryptocurrency Purchase and Trading
Anonymous or Numbered Account, Shell Banking
Cash and Check Handling: Check Cashing, Deposit Taking, Cash Transfer.
Credit repair, Debt restructuring
Debt recovery, Debt settlement, Debt Collections
Financial Pyramid or Ponzi schemes
Gambling and Gaming
MSBs and PSPs as endusers
Any industry known to be an illegal industry in it’s local jurisdiction or the UK
Illegal Drugs and Narcotics
The Sale or Distribution of stolen goods (including digital and virtual goods), counterfeit goods and violation of intellectual property, or items that violates individual privacy
Any products harmful to human health – tobacco, e-cigarettes and e-liquid (Pharma products are subject to approval)
Operating a personal that requires a license or special permit without obtaining such license (i.e. Unregulated Auction Houses)
Production of Adults or Violent content
Production or Distribution of Offensive Weapons: Ammunition, Firearms, Explosives, Complex Weapons (i.e. guided missiles), Poisons
Psychic services
Selling, hosting, distributing, producing or promoting offensive materials, including materials that incites or promotes racial hatred or discrimination based on gender, race, religion, national origin, physical ability, sexual orientation, or age.
Transactions involving Human Organs
Sanctioned individuals and entities.

If Rizq personal customers use their Rizq personal account to pay for the products and services from/to businesses on this list, these transactions may be declined and the customer’s account may be suspended and closed at Rizq’ sole discretion, in accordance with our T&C’s.

Links to other Website

  1. This Website / Rizq application may contain links to other sites. Unless expressly stated, these sites are not under the control of Rizq Financial Technologies Limited.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website / Rizq application does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy & Cookies Policy

Use of the Website / Rizq application is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.getrizq.co/privacy-policy/ and www.getrizq.co/cookie-policy.

Availability of the Website / Rizq application

  1. Any online facilities, tools, services or information that Rizq Financial Technologies Limited makes available through the Website / Rizq application (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Rizq Financial Technologies Limited is under no obligation to update information on the Website / Rizq application, but it will endeavour to do so as and when needed.
  2. Whilst Rizq Financial Technologies Limited uses reasonable endeavours to ensure that the Website / Rizq application is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Rizq Financial Technologies Limited accepts no liability for any disruption or non-availability of the Website / Rizq application.
  4. Rizq Financial Technologies Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website / Rizq application including, but not limited to, any products and/or services available [to reflect changes to our products, our users’ needs and our personal priorities]. However, we will try to give you reasonable notice of any major changes. These terms and conditions shall continue to apply to any modified version of the Website / Rizq application unless it is expressly stated otherwise.
  5. The content on the Website / Rizq application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website / Rizq application.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Rizq Financial Technologies Limited accepts no liability for any of the following:
    • any personal or personal losses, such as loss of profits, income, revenue, anticipated savings, personal, contracts, goodwill or commercial opportunities;
    • loss or corruption of any data, database or software;
    • any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected and we will always tell you in writing if this happens.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website / Rizq application from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.  These terms are updated on 05/08/2021 but will become effective on 05/10/2021.
  3. These terms and conditions, together with the Privacy Policy,  and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

You can contact Rizq Financial Technologies Limited by email on [email protected].

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Your Rizq Debit Mastercard® card Terms and Conditions

These Terms and Conditions apply to Your Rizq Debit Card and Card Account.

You must read these Terms and Conditions carefully. By using Your Rizq Card or Your Rizq Card Account You will be deemed to have accepted these Terms and Conditions. If You do not accept these Terms and Conditions You should not use Your Rizq Card or Your Rizq Card Account.

Your Rizq Card and Card Account is issued by and Your Rizq Card is the property of AF Payments Limited (registered number 09356276), 33 Lowndes Street, London SW1X 9HX. AF Payments Limited is an electronic money issuer regulated by the Financial Conduct Authority under registration number FRN: 900440. Your Rizq Card is not transferable.

If you have any queries or complaints please contact customer services (see details below).

  1. Definitions

“App” means the Rizq mobile application which is available for download from Apple’s App Store and the Google Play Market.

“Authentication” means entering Your password, receiving a One-Time Password (OTP) and completing biometric authentication using fingerprint or facial recognition using Your mobile device.   

“Business Day” means any day (other than a Saturday or Sunday) on which banks are open in London for normal banking business.

“Card” means the Rizq Mastercard® Debit card issued to You whether in the form of a plastic, digital or virtual card, under these Terms and Conditions.

“Card Account” means the electronic money account held by You with Us and to which Your Rizq Card is linked.

“Card Account ID Information” means any and all of the following pieces of information: Your Rizq Card details (Card number, expiry date and CVV code), Your PIN, information You use to log in to Your Rizq Card Account, and any credentials and information specific to Your Rizq Card Account.

“Customer Services” can be contacted on:

Email:                [email protected]

In-app Chat:      go to Support & Chat with us

Lost or Stolen Cards or Card Account ID Information:    If your Rizq card is lost or stolen, you must report it immediately via Rizq app and by contacting Customer Services.

“Fees Table” means the table of fees and charges applicable to the Card and Card Account as set out on the Website.

“Mastercard®” means Mastercard International of New York or its successors or assigns.

“Merchant” means a retailer or any other person or firm or company providing goods and /or services that accepts cards displaying the Mastercard® acceptance symbol in payment for such goods and /or services.

“PIN” means the personal identification number which We may issue or approve to be used with Your Rizq Card.

“Terms and Conditions” means these terms and conditions together with the Fees Table and any supplementary terms and conditions and amendments to them that We may notify You of from time to time.

“TPP” means a Third Party Provider who is properly authorised by a regulatory authority to provide account information services and/or payment initiation services.

“Transaction” means any cash withdrawal, purchase of goods and/or services (as appropriate) completed by You using Your Rizq Card or Card Account, or any action which alters the balance of Your Rizq Card Account, including a redemption instruction.

“Us” or “We” or “Our” means AF Payments Limited. 

“Website” means https://getrizq.co

“You” or “Your” means the person entering into these Terms and Conditions with Us.

  1. Fees

2.1.    Your use of Your Rizq Card and Card Account is subject to the fees and charges set out in the Fees Table. These fees and charges are part of these Terms and Conditions. Any or all of these fees/charges may be waived or reduced at Our discretion. Our fees/charges may change over time; if so We will notify You in advance of such changes in accordance with Section 3.1. Your banking provider may charge a fee for the transfer of funds and/or additional ATM fees may be charged by the ATM provider. Any such fees would be in addition to the fees set out in the Fees Table.

2.2.    Fees and charges will be paid from Your Rizq Card Account at such time as they are incurred.  You must ensure Your Rizq Card Account balance is sufficient to cover the cost of any Transaction and any associated fees/charges.

  1. These Terms and Conditions

3.1.    We may change these Terms and Conditions including changing existing fees, introducing new fees, or adding or removing functionality, from time to time. Where required, we will provide You with at least two months’ notice before the proposed change comes into effect, however changes that relate to exchange rates shall come into effect immediately if so stated in the change notice. All such changes will be posted on the Website with a link to the amended terms and conditions and shall be notified to You either by (i) sending an email to the email address registered with Your Rizq Card Account, (ii) writing to You at the postal address registered with Your Rizq Card Account or (iii) requesting that You accept the amended terms and conditions when You access the Website.

3.2.    The up-to-date version of these Terms and Conditions will be posted on the Website. You should check the Website regularly so that You can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them. We recommend that You print off a copy of these Terms and Conditions to keep for Your records.

3.3.    You will be taken to have accepted any change We notify to You unless You tell us that You do not agree to it prior to the relevant change taking effect. In such circumstances, We will treat Your notice to Us as notification that You wish to terminate these Terms and Conditions immediately and We will refund the balance on Your Rizq Card Account. If you do this, You will not be charged a refund fee.

  1. Scope of these Terms and Conditions

4.1.    These Terms and Conditions govern Your use of Your Rizq Card and Card Account. The funds for all Transactions are held in Your Rizq Card Account and no interest will be paid on these. When You make a Transaction using Your Rizq Card or Card Account the value of the Transaction plus any associated fees payable will be deducted from Your Rizq Card Account and used to complete the Transaction.

4.2.    Your Rizq Card is a Debit card and the funds loaded onto Your Rizq Card are known as electronic money. Your Rizq Card is not a credit card or a charge card. You can only spend up to the value of the funds that are loaded onto it. All Cards are issued by Us pursuant to a licence by Mastercard®.

4.3.    Although Our activities are regulated by the Financial Conduct Authority, neither Your Rizq Card nor Your Rizq Card Account is covered by the Financial Services Compensation Scheme. However the funds in Your Rizq Card Account are safeguarded by Us in accordance with the Electronic Money Regulations 2011, which means that they are kept separate from Our assets so in the unlikely event We become insolvent, Your funds remain safe from Our creditors.

  1. Card issuance

5.1.    To apply for a Card Account and Card You must be at least 18 years old. Before We can set up a Card Account for you and issue You a Card, We will need to know some information about You. We will check Your identity and where You live. We may use third parties to obtain this information and carry out checks on Our behalf, this may include using credit reference agencies. However a credit check is not performed and Your credit rating will not be affected.

5.2.    We reserve the right to refuse to set up a Card Account or issue You a Card.

5.3.    If You have any problems with Your Rizq Card Account or Card please contact Customer Services.

5.4.    If You receive a plastic Card, You must sign it as soon as You receive it and activate it. Activation instructions are set out on the packaging that Your Rizq Card is attached to. Your Rizq Card cannot be used until this is done. A virtual Card can be used immediately upon receipt and does not need to be activated.

  1. Loading Your Rizq Card Account and requesting redemption

6.1.    Funds can be loaded on to Your Rizq Card Account by You by Bank Transfer method. Depending on the method You use to load Your Rizq Card Account, a fee may be charged (see the Fees Table for details). Provided that there are sufficient funds in Your Rizq Card Account to cover any applicable fees, the funds will be credited to the Card Account balance once they have been received by Us.

6.2.    Limits apply to the number of times Your Rizq Card Account may be loaded in a day. Minimum and maximum load limits also apply, and these are set out in the Fees Table. We reserve the right to refuse to accept any particular load Transaction.

6.3    You have the right to redeem the funds in Your Rizq Card Account at any time in whole or in part up until the date that is 6 years after the expiry date or the termination date of the contract.  To do so, please contact Customer Services. We will only redeem funds to a bank account in Your name. We may ask You to provide Us with documents, evidence and other information to verify Your identity or to enable Us to comply with applicable legal and regulatory requirements.

6.4     We may charge You a fee (see Fees Table) to cover redemption costs on each occasion that You redeem if You redeem all or part of Your balance at the following times:

    1. where redemption is requested before termination of these Terms and Conditions; or
    2. where redemption is requested more than one year after termination of these Terms and Conditions.
  1. Use of Your Rizq Card Account, Your Rizq Card and the App

7.1.    You can use Your Rizq Card to purchase goods and services anywhere Mastercard® is accepted. You may also be able withdraw cash at an ATM or over the counter at a financial institution displaying the Mastercard® logo, subject to there being sufficient funds allocated to Your Rizq Card and the Merchant, ATM supplier or financial institution being able to verify this online. You must keep Your PIN and other Card Account ID Information safe and ensure that You log out of the App after using it.

7.2.    There are spending and withdrawal limits for the use of Your Rizq Card; please see the Fees Table for details.

7.3.    Be aware that some ATM providers charge additional fees for the use of their ATMs and some Merchants add a surcharge for using certain types of cards. You may also be subject to their terms and conditions of business. It is Your responsibility to check before proceeding with Your Transaction.

7.4     We reserve the right to decline any Transaction at Our discretion.

  1. We may at any time suspend, restrict or cancel Your Rizq Card or Card Account or refuse to issue or replace a Card for reasons relating to the following:
  2. We are concerned about the security of Your Rizq Card or Card Account;
  3. We suspect Your Rizq Card or Card Account is being used in an unauthorised or fraudulent manner;

iii.    We need to do so to comply with applicable laws, regulations or Mastercard rules; or

  1. You break an important part of these Terms and Conditions or repeatedly break any term in these Terms and Conditions and fail to resolve the matter in a timely manner.
  2. If We take any of the steps referred to above in Section 7.4(1)., We will tell You as soon as We can or are permitted to do so either before or after We have taken such steps. We may ask You to stop using Your Rizq Card and/or Card Account and return the Card to Us or destroy the Card. ‎We will issue You with a replacement Card or re-activate Your Rizq Card if, after further investigations, We believe that the relevant circumstances no longer apply or exist.
  3. We may also decline to authorise a Transaction:
  4. if We suspect Your Rizq Card or Card Account is being used in an unauthorised or fraudulent manner;
  5. if sufficient funds are not loaded on Your Rizq Card Account at the time of a Transaction to cover the amount of the Transaction and any applicable fees; or

iii.    if We believe that a Transaction will break the law.

  1. If We refuse to authorise a Transaction, We will, if practicable, tell You why immediately unless it would be unlawful for Us to do so. You may correct any information We hold and which may have caused Us to refuse a Transaction by contacting Customer Services.
  2. We shall not be liable if a Merchant refuses to accept Your Rizq Card or if We do not authorise a Transaction, or if We cancel or suspend use of Your Rizq Card or Card Account. Unless otherwise required by law, We shall not be liable for any loss or damage You may suffer as a result of Your inability to use Your Rizq Card or Card Account for a Transaction.

7.5.    You must not spend more money on Your Rizq Card than You have available in Your Rizq Card Account. You are responsible for ensuring that You have sufficient funds when You authorise a Transaction.  If You do not do this it may result in an overspend on Your Rizq Card Account. If this occurs You must pay the overspend back to Us immediately. We will take any such action seriously and take any steps necessary to enforce any actions against You.

7.6.    You agree that once We notify You of any such overspend by whatever means You must repay it immediately. We reserve the right to deduct an amount equivalent to the overspend from any other Cards or Card Accounts that You hold with Us or from any other payment instrument You designate to Your Rizq Card Account and against any funds which You subsequently paid into Your Rizq Card Account or which are received into Your Rizq Card Account. We may suspend Your Rizq Card or Card Account and any other Cards connected to You until we are reimbursed the overspend amount.

7.7.    In certain sectors, Merchants such as car hire companies, hotels, restaurants and other service providers will estimate the sum of money You may spend or for which You require authorisation. The estimate may be for greater than the amount You spend or are charged, for example:

  1. at restaurants You may be required to have a maximum of 20% more on Your Rizq Card than the value of the bill to allow for any service charge added by the restaurant;
  2. at “pay at pump” petrol pumps (if applicable) You may be required to have an amount equal to the maximum Transaction value permitted at the pump in Your Rizq Card Account.

This means that some of the funds on Your Rizq Card Account may be held for up to 30 days until the Merchant has settled the Transaction amount and, accordingly, You will not be able to spend this estimated sum during this period. We cannot release such sum without authorisation from the Merchant.

7.10.    Merchants may not be able to authorise a Transaction if they cannot obtain online authorisation from Us. Any refunds for goods or services purchased with Your Rizq Card may only be returned as a credit to the Card. You are not entitled to receive refunds in cash.

7.11.    We accept no responsibility for the goods or services purchased by You with Your Rizq Card. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once You have authorised Your Rizq Card to make a purchase, We cannot stop that Transaction. However, where You have used Your Rizq Card to buy goods or services You may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify Us of any dispute within 60 days of the purchase and the chargeback will only be applied to Your Rizq Card Account if successfully secured from the Merchant.  If You wrongly make a chargeback claim, We will be entitled to charge You any fees We reasonably incur in pursuing the chargeback claim and We will be entitled to debit Your Rizq Card Account with the amount of any such fees.

7.12.    Authorising Transactions:

  1. A Card Transaction will be regarded as authorised by You, either at the point of sale by following the instructions provided by the Merchant, or for a redemption instruction by following the instructions provided by Customer Services, which includes:
  2. entering Your PIN or providing any other security code;
  3. signing a sales voucher;

iii.    providing the Card details and/ or providing any other details as requested;

  1. waving or swiping the Card over a card reader;
  2. inserting a Card and entering Your PIN to request a cash withdrawal at an ATM;
  3. making a request for a cash advance at any bank counter; and

vii.    entering a one-time passcode in the App which we will send to the mobile number that You have registered with Us.

  1. Authorisation for a Transaction may not be withdrawn (or revoked) by You after the time We have received it. However, any Transaction which is agreed to take place on a date later than the date it was authorised may be withdrawn if You give notice to the Merchant (providing a copy of the notice to Us) as long as notice was provided no later than the close of business on the Business Day before the Transaction was due to take place. We may charge You a fee if a Transaction is revoked by You under this Section (see the Fees Table for details).

7.13.    We reserve the right to apply a monthly maintenance charge, if we do, the amount will be set out in the Fees Table. You are responsible for all Transactions and fees charged to Your Rizq Card Account.

7.14.    You can use the Rizq App to allocate funds to Your Rizq Card, manage Your Rizq Card and Card Account,  view recent Card Transactions, view Your Rizq Card Account balance, view and set Card spend limits, change or request reset of Your Rizq Card Account password and PIN. For more information on using the App, please visit the Website.   

  1. Transactions made in foreign currencies

8.1    Your Rizq Card Account is denominated in either GBP or EUR. If You use Your Rizq Card to purchase goods or services or withdraw cash in a currency other than the currency of Your Rizq Card Account, then such Card Transaction will be converted to the currency of Your Rizq Card on the day We receive details of it. We will use Mastercard ® authorised rates applicable for such a Card Transaction see www.mastercard.com/global/currencyconversion. A foreign exchange fee will also apply (see the Fees Table for details).

  1. Disputed Transactions

9.1.    You may be entitled to claim a refund in relation to Transactions made using Your Rizq Card and/or Card Account where:

  1. the Transaction was not authorised under these Terms and Conditions;
  2. We are responsible for a Transaction which was incorrectly executed and notified to Us in accordance with Section 14 below;
  3. a pre-authorised Transaction did not specify the exact amount at the time of its authorisation and the amount charged by a Merchant is more than You could reasonably have expected taking into account normal spending patterns on the Card or the circumstances of the Transaction. However, a claim for a refund in this circumstance will not be accepted if the amount of ‎the Transaction was made known to You at least four weeks before the Transaction date or if the claim is made more than eight weeks after being debited to Your Rizq Card Account;
  4. We were notified of the unauthorised/incorrectly executed Transaction within 13 months of the debit date of such Transaction.

9.2.    If any of the above circumstances apply in relation to a Card Transaction, You should also contact the Merchant as this may lead to a quicker resolution of the dispute.

9.3    You can also ask Us to investigate the Transaction or misuse of Your Rizq Card or Card Account. We will immediately process a refund of the amount of the disputed Transaction. We may need more information and assistance from You to carry out such investigation.

9.3.    If We refund a disputed Transaction to Your Rizq Card Account and subsequently receive information to confirm that the Transaction was authorised by You and correctly posted to Your Rizq Card Account, We shall deduct the amount of the disputed Transaction from the funds in Your Rizq Card Account. If there are no or insufficient funds then the provisions regarding overspend on Your Rizq Card Account (see Section 7.6) will apply.

9.4.    If Our investigations discover that the disputed Transaction was genuine and authorised by You directly or indirectly, or that You have acted fraudulently or with gross negligence, We may charge You an investigation fee (see the Fees Table for details).

  1. Card expiry and damaged and new Cards

10.1.    Your Rizq Card is valid for the period stated on the Card, unless its use is terminated earlier by Us in accordance with these Terms and Conditions. You will not be able to use Your Rizq Card once it has expired. We may renew Your Rizq Card when it expires so that You may continue to use the funds in Your Rizq Card Account. A Fee may apply (see the Fees Table for details). We reserve the right to decline to issue a replacement Card.

10.2.    If You do not request, or we have not provided You with, a new Card following expiry of Your Rizq Card, any funds in Your Rizq Card Account will remain for a period of six years from the Card expiry date. Your Rizq Card Account may be subject to a monthly maintenance charge (see the Fees Table for details). You may contact Customer Services to request Your funds be returned to You at any time within the six year period. The funds cannot be provided to You in the form of cash (notes and coins). Any funds remaining in Your Rizq Card Account after six years will not be refunded.

10.3.    If You ask, We may replace a damaged Card.  If We do this a fee may apply (see the Fees Table for details). You will be asked to provide Us with Your Rizq Card number and other information so that We can identify You.

  1. Refunds from Merchants

11.1.    If You receive a refund of sums paid for goods and services on Your Rizq Card back from a Merchant, the refund amount will be added to the balance in Your Rizq Card Account.

  1. Keeping Your Rizq Card, Your Rizq Card Account and Your Rizq Card Account ID Information safe

12.1.    You must keep Your Rizq Card, Your Rizq Card Account and Your Rizq Card Account ID Information safe. Your Rizq Card and Your Rizq Card Account ID Information are personal to You and You must not give them to anyone else to use. You must take all reasonable precautions to prevent fraudulent use of Your Rizq Card, Your Rizq Card Account and Your Rizq Card Account ID Information.  You are however permitted to give certain of Your Rizq Card Account ID Information to a TPP to enable them to access Your Rizq Card Account.

12.2    You should treat the value on Your Rizq Card and Card Account like cash in a wallet.  If Your Rizq Card is lost of stolen or there is unauthorised use of Your Rizq Card or Card Account, You may lose some or all of the value on Your Rizq Card Account in the same way as if You lost cash.

12.3    You will receive a PIN via Rizq Application and You must keep Your PIN safe. This means that when You receive Your PIN You must memorise it. You will also be able to view your PIN inside the Rizq Application. You must keep Your PIN secret at all times. You must not disclose Your PIN to anyone including friends, family or Merchant staff.

12.4    If You suspect that someone else knows Your PIN or any other Card Account ID Information (other than a TPP knowing certain of Your Rizq Card Account ID Information), You must contact Customer Services immediately. If You forget Your PIN You can access it when You log on to Your Rizq Card Account.

12.5    You must keep Your Rizq Card Account ID Information secure, as it provides access to Your Rizq Card Account details and Your Rizq Card PIN.

  1. Lost or stolen Cards or Card Account ID Information, unauthorised Transactions and liability

13.1     If You think that:

  1. You have lost any of Your Rizq Card Account ID Information, or they have been stolen; or
  2. if You believe that any Transaction is unauthorised, has been posted in error or is otherwise incorrect; or
  3. a Transaction which has not been executed or has been incorrectly executed by Us,

then You must let Us know immediately and in any case no later than 13 months after the debit date, by contacting Customer Services.  If requested to, You must also write to Us within seven days to confirm the loss, theft or possible misuse.  You may be required to help Us, Our agents or any enforcement agency, at Our request, if Your Rizq Card or Card Account ID Information is lost or stolen or if We suspect Your Rizq Card or Card Account is being misused.

13.2    If Your Rizq Card is reported lost or stolen We will cancel it and may issue a new one. A fee may apply (see the Fees Table for details).  If You find Your Rizq Card after You have reported it lost, stolen or misused, You must destroy it and inform Us immediately by contacting Customer Services.

13.3    Subject to sections 13.4 and 13.5, You shall be entitled to a refund in the amount of an unauthorised Transaction or a Transaction incorrectly executed by Us and, where applicable, restoration of Your Rizq Card Account to the state it would have been in had the unauthorised or incorrectly executed Transaction not taken place, provided You have notified Us of the Transaction in question without undue delay and in any case no later than 13 months after the debit date (save where We have failed to provide or make available the required Transaction information to You). Any undue delay in making a notification may result in You being liable for any losses as a result.  We will make the refund immediately unless We have any reason to believe that the incident may have been caused by Your breach of these Terms and Conditions, Your negligence or if We have reasonable grounds to suspect that it has been caused by Your fraudulent behaviour, deception or other wrongdoing perpetrated by You.

13.4    Subject to section 13.5, You are liable up to a maximum of £35 (or the equivalent in the currency of Your Rizq Card Account) for any losses incurred in respect of an unauthorised Transaction arising from:

  1. the use of Your Rizq Card or Card Account ID Information where these have been lost or stolen; or
  2. where You have failed to keep Your Rizq Card Account ID Information safe.

13.5    You will not be liable for any losses incurred in respect of an unauthorised Transaction if You have exercised reasonable care in safeguarding Your Rizq Card and Card Account ID Information from risk of loss or theft and, upon becoming aware of an unauthorised Transaction or the loss or theft of Your Rizq Card or Card Account ID Information, You notified Us promptly. You will not be liable for any losses which arise after You have notified Us that You believe Your Rizq Card or any of Your Rizq Card Account ID Information has been stolen or might be used in an unauthorised way, as specified in section 13.1.

13.6    You shall be liable for all losses incurred in respect of an unauthorised Transaction where:

You have acted fraudulently;

You have compromised the security of Your Rizq Card Account and/or Card with intent or with gross negligence (for example by failing to comply with this section 13); or

You have provided any of Your Rizq Card Account ID Information to another person (other than to a TPP which You have allowed to act on Your behalf, so long as the TPP is permitted by law to do so) who then uses those details to make a Transaction.

In these circumstances, We reserve the right to charge You for any reasonable costs that We incur in taking action to stop Your Rizq Card or Card Account being used and to recover any monies owed as a result.

13.7    If Our investigations show that a Transaction reported by You as unauthorised or incorrectly executed was in fact authorised by You or correctly executed, or You have acted with intent or negligence, We may reverse any refund made and You may be liable for any loss We suffer from Your use of Your Rizq Card or Card Account.

13.8    Our liability to You under these Terms and Conditions shall be subject to the following exclusions and limitations. We will not be liable for any loss arising from:

  1. a Merchant refusing to accept Your Rizq Card; or
  2. any cause which results from abnormal or unforeseen circumstances beyond Our reasonable control or which would have been unavoidable despite all Our efforts to stop it; or
  3. Us suspending, restricting or cancelling Your Rizq Card or Card Account or refusing to issue or replace Your Rizq Card if We suspect Your Rizq Card or Card Account is being used in an unauthorised or fraudulent manner, or as a result of You breaking an important term or repeatedly breaking any term in these Terms and Conditions;
  4. Our compliance with any applicable laws, regulations or Mastercard rules; or
  5. loss or corruption of data unless caused by Our wilful default/wrongdoing.

13.9.    Unless otherwise required by law or as set out in these Terms and Conditions, We will not be liable to You in respect of any losses You or any third party may suffer in connection with the Card or Card Account as a result of Our actions which were not a foreseeable consequence of Our actions.

13.10.    We will not be liable for the goods or services that You purchase with Your Rizq Card or Card Account.

13.11.    From time to time, Your ability to use Your Rizq Card or Card Account may be interrupted, e.g. when We carry out maintenance. If this happens, You may be unable to:

  1. load Your Rizq Card; and/or
  2. use Your Rizq Card to pay for purchases or obtain cash from ATMs (if applicable); and/or
  3. obtain information about the funds available in Your Rizq Card Account and/or about Your recent Transactions; and/or
  4. make Transactions using Your Rizq Card or Card Account

13.12.    Where the Card is faulty Our liability shall be limited to replacement of the Card loaded with Your funds on the Card Account.

13.13.    Where sums are incorrectly deducted from Your Rizq Card Account funds, Our liability shall be limited to payment to You of the amount of the incorrect deduction.

13.14.    In all other circumstances Our liability will be limited to repayment of the amount of the funds in Your Rizq Card Account.

13.15.    Nothing in these Terms and Conditions will exclude or limit Our liability for death or personal injury or to the extent that it cannot otherwise be limited or restricted by law.

  1. Statements

14.1.    You can view Your Rizq Card Account balance and Transactions via the App at any time. You are responsible for keeping Your log on details secret. If You believe someone else is using Your log on details or may know them You must contact Customer Services immediately.

  1. Cancellation, termination and suspension

15.1.    You may cancel Your Rizq Card and Card Account up to 14 days after You receive Your Rizq Card (‘the Cancellation Period’), without reason, by contacting Customer Services. We will not charge You a cancellation fee. We will require You to confirm Your wish to cancel in writing. This will not entitle You to a refund of any Transactions You have made (authorised or pending) or charges incurred in respect of such Transactions. The purchase price of the Card (Card Fee) will not be refundable.

15.2.    Depending on the method by which You choose to have Your remaining Card Account balance refunded, a fee may be charged which will be deducted from the balance of Your Account (see the Fees Table for details).

15.3.    You may cancel Your Rizq Card Account at any time and without penalty i. during the Cancellation Period (see Section 15.1 above) or ii. if You disagree with a change we intend to make to these Terms and Conditions. You may also cancel Your Rizq Card Account at any time for any reason, however a cancellation fee may apply (see the Fees Table for details).  If You cancel Your Rizq Card Account, this will automatically cancel any Card being used in connection with Your Rizq Card Account.

15.4.    To cancel Your Rizq Card Account and/or any Card You must notify Customer Services. You will be responsible for any Transactions You have made or charges incurred before You cancelled Your Rizq Card Account and/or any Card. Once We have been notified by You, We will block the Card(s) and Card Account straight away so they cannot be used.

15.5.    When Your Rizq Card is cancelled You must destroy it by cutting it in half through the chip and magnetic strip.

15.6.    We can terminate Your Rizq Card Account and/or any Card at any time if We give You two months’ notice and refund any remaining funds to Your nominated bank account.

15.7.    We can suspend or terminate these Terms and Conditions with You and Your use of Your Rizq Card Account and/or any Card immediately if:

  1. You are in breach of these Terms and Conditions;
  2. You violate or We have reason to believe that You are in violation of any law or regulation that is applicable to Your use of Your Rizq Card or Card Account;
  3. We have reason to believe that You are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
  4. We can no longer process Your Transactions for any legal or security reason or due to the actions of any third party;
  5. You refuse to co-operate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
  6. We have reason to believe that Your Rizq Card, Card Account or conduct poses a security, credit, fraud, business or reputational risk to Us;
  7. We need to do so in order to comply with applicable law or regulation or Mastercard rules;
  8. We are required to do so by any applicable regulatory body; or
  9. You fail to pay any fees or charges that You have incurred or fail to repay any overspend incurred on Your Rizq Card Account.

15.8.    These Terms and Conditions will terminate in the event of Your death.

15.9.    If there is a positive balance in Your Rizq Card Account at the time Your Rizq Card Account is closed for any reason, these remaining funds will be returned to You (less any applicable fees) provided the funds are not subject to any restriction. We will only redeem funds to a bank account in Your name and we may ask You to provide Us with documents, evidence and other information to verify that this is the case.

15.10.    Any funds which remain unclaimed for a period of six years following closure of Your Rizq Card Account shall expire and be forfeited.

15.11.    We can suspend Your Rizq Card at any time with immediate effect if:

  1. We discover that any information You have provided is incorrect or incomplete; or
  2. if a Transaction has been declined because of lack of available value in Your Rizq Card Account.

15.12.    If any Transaction, fee or charge is found to have been incurred using Your Rizq Card Account or Card following cancellation or termination, You agree to pay all such sums to Us immediately on demand.

  1. Personal data

16.1.    The processing of Your personal data is governed by Our privacy policy which can be found at https://www.afpay.com/privacy/. By accepting these Terms and Conditions, You also agree to the terms of Our privacy policy.

  1. Your details

17.1.    You must let Us know as soon as possible if You change Your name, address, telephone number or email address. If We contact You in relation to Your Rizq Card, for example, to notify You that We will be changing the Terms and Conditions or have cancelled Your Rizq Card and wish to send You a refund, We will use the most recent contact details You have provided to Us. Any email to You will be treated as being received as soon as it is sent by Us.

17.2.    We will not be liable to You if Your contact details have changed and You have not told Us.

  1. Complaints procedure

18.1.    If You are not satisfied with the service You are receiving You should provide written details of Your concerns to Customer Services via [email protected] All queries will be handled in accordance with Our complaints procedure. Customer Services will provide a copy of the complaints procedure upon request.

18.2.    If You have not received a satisfactory response within eight (8) weeks from the date of Your complaint, You may refer Your complaint to the UK Financial Ombudsman Service.

18.3.    You may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR, United Kingdom. For additional contact details You may visit the Financial Ombudsman Service’s website at www.financial-ombudsman.org.uk.

18.4    You may also be able to refer Your complaint to the European Commission Online Dispute Resolution platform at www.ec.europa.eu/odr. The platform is a web-based platform which is designed to help consumers who have bought goods, services or digital content online. It provides access to independent alternative dispute resolution services which are usually free for You to use.

  1.         Customer Services

19.1.    The Customer Service department is open from 9:30am to 5:30pm Monday to Friday via in-app chat or via emailing [email protected] A Lost and Stolen reporting service is available 24 hours a day, 7 days a week via app where You can mark your card as Lost or Stolen. We may save any email correspondence You have with Customer Services for training and/or monitoring purposes. Customer Services will be provided by Rizq Financial Technologies Limited acting on behalf of AF Payments Limited.

  1. General

20.1.    In these Terms and Conditions, headings are for convenience only and shall not affect the interpretation of these Terms and Conditions. Any delay or failure by Us to exercise any right or remedy under these Terms and Conditions shall not be interpreted as a waiver of that right or remedy or stop Us from exercising Our rights at any subsequent time.

20.2.    You may not transfer, novate, assign, subcontract or delegate Your rights or obligations under these Terms and Conditions. You agree that We may transfer or assign Our rights or novate Our obligations under these Terms and Conditions at any time without prior written notice to You and without Your further consent. If You do not want to transfer to the new Card Issuer You may contact Us and We will terminate Your Rizq Card and Card Account. Any balance remaining in Your Rizq Card Account will be returned to You in accordance with Our redemption procedure.

20.3.    We may subcontract any of Our obligations under these Terms and Conditions.

20.4.    These Terms and Conditions are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. In the event that any part of these Terms and Conditions are held not to be enforceable, this shall not affect the remainder of these Terms and Conditions which shall remain in full force and effect.

20.5.    You will remain responsible for complying with these Terms and Conditions until Your Rizq Card and Your Rizq Card Account are closed (for whatever reason) and all sums due under these Terms and Conditions have been paid in full.

20.6     Execution times

  1. The instructions to make a Transaction will be received when We receive them from the Merchant’s payment service provider or the automated teller machine (ATM) operator or from You. If We receive instructions on a non-Business Day or after 4:00 pm on a Business Day (or at any time during the weekend), they will be deemed received by Us on the following Business Day.
  2. We will ensure that a Transaction You make is credited to the relevant payment service provider within certain timescales, provided:
  3. the payment service provider is located within the European Economic Area (EEA); and
  4. the payment services being carried out are transacted in Euro, or another currency of an EEA member state.
  5. Transactions carried out in Euro (€) or Pounds Sterling (£) or involving a single currency conversion between Euro and Pounds Sterling (provided any cross-border Transaction takes place in Euro) will be credited by the end of the Business Day following the day on which the Transaction is received by Us. We will credit the recipient’s account for all other Transactions by the end of the fourth Business Day following the day on which the instruction is received by Us.

20.7    Third party providers (TPPs)

  1. You can choose to allow a TPP to access information on Your Rizq Card Account, to combine and display information about Your Rizq Card Account with information from accounts You have with other payment service providers, provided the TPP is authorised by the FCA or another European regulator and You have given Your explicit consent.
  2. If You do allow access by a TPP, You must keep us informed of any incorrect or unauthorised Transactions that happen so We can take steps to stop further misuse of Your Rizq Card Account and arrange any refund You may be entitled to. If You are thinking of using a TPP, it is important You check with the relevant regulator whether it is authorised before You use it.
  3. We can refuse or stop access to a TPP if We are concerned it isn’t authorised or if We believe it’s fraudulent or acting fraudulently. If that happens, We will contact You to explain why unless We believe that would compromise Our security or it would be unlawful.

20.8.    These Terms and Conditions are written and available only in English and all correspondence with You in respect of Your Rizq Card and Card Account shall be in English. In the event that these Terms and Conditions are translated, the version in English shall take priority.

20.9.    These Terms and Conditions are governed by the laws of England and You agree to the non-exclusive jurisdiction of the English courts.

 

PAYRNET LIMITED

TERMS AND CONDITIONS FOR CONSUMERS

ELECTRONIC MONEY ACCOUNTS

PayrNet Limited are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011  (“EMR 2011”) (register reference 900594) for the issuing of electronic money. Rizq Financial Technologies Limited are an Electronic Money Distributor of PayrNet Limited.

BACKGROUND

This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at “PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK” and registered office at “Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX” (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011  (“EMR 2011”) (register reference 900594) for the issuing of electronic money.

Our relationship with Rizq Financial Technologies Limited: As an EMI, we have appointed Rizq Financial Technologies Limited as an EMD Agent. An EMD Agent means a person who provides payment services on behalf of an electronic money institution (as defined in the EMR 2011). As our EMD Agent, Rizq Financial Technologies Limited is authorised to provide associated payment services alongside our e-money account services.

AGREED TERMS
  1. OUR TERMS
    1. Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
    2. Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign‑on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are PayrNet Limited, an EMI as described above.
    2. Communications between us are to be in English. This Agreement is concluded in England and all communications between you and us shall be in English only.
    3. How to contact us. All queries should be directed towards Rizq Financial Technologies Limited. You can contact the Rizq Financial Technologies Limited using details set out on our website, debit card and in-app.
    4. How we may contact you. If we have to contact you we will do so as follows: in the first instance via the Rizq Financial Technologies Limited except in urgent cases. If we have not been able to contact you through the Rizq Financial Technologies Limited or if the matter is urgent, we will contact you by writing to you at the email address(es), you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or the Rizq Financial Technologies Limited.
    5. Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
    6. Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.
  3. INTERPRETATION
    1. The definitions set out in this clause apply in this Agreement as follows:
      • Agreement” means this agreement and the privacy policy.
      • Consumer“ means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.
      • Electronic Money” means electronically stored monetary value as represented by a claim against us.
      • Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).
      • Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
      • Services” means the e-money account services.
    2. Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
    3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
    5. A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
  4. TERM AND BECOMING A CLIENT
    1. How can you agree to this Agreement? You can agree to this Agreement by ticking the ‘Agree to our Terms and Conditions’ box in-app, during on-boarding.
    2. When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
  5. SERVICES
    1. As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of the Rizq Financial Technologies Limited.
    2. Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
  6. ISSUING ELECTRONIC MONEY TO YOU
    1. Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.
    2. When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.
    3. You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
    4. We accept no responsibility in the event that you send money to the incorrect account.
    5. We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
  7. GENERAL LIMITATION OF LIABILITY
    1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
    2. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
    3. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
  8. COMPLAINTS
    1. If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact the Rizq Financial Technologies Limited using the contact email address for complaints set out on the website and in-app. If the Rizq Financial Technologies Limited does not deal with your complaint adequately, please contact us via email to [email protected].
    2. We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
    3. If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financialombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  9. ESTABLISHING YOUR IDENTITY
    1. To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.
    2. We may keep records of the contents and results of any searches that we carry out on you in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on your credit history.
    3. We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
  10. TERMINATION
    1. When we may terminate or suspend this Agreement.
      1. If the Rizq Financial Technologies Limited notifies us that its agreement with you has terminated we can terminate this agreement with immediate effect.
      2. If you terminate your agreement with Rizq Financial Technologies Limited, we can terminate this agreement with immediate effect.
      3. We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
    2. When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with the Rizq Financial Technologies Limited. We may contact you to confirm your request.
    3. Effect of Termination. Upon the effective date of termination:
      1. you will no longer be able to avail yourself of the Services;
      2. we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us.
    4. After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
  11. CONFIDENTIALITY
    1. We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
        1. to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
        2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  12. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be foundhttps://railsbank.com/payrnet. (Payrnet is a wholly owned subsidiary of Railsbank Technology Limited).
  13. GENERAL
    1. Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties which relates to the dealings between the parties.
    2. Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of one‑Pound sterling, upon demand from us, as consideration.
    3. Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. What if something unexpected happens? We shall have no liability to you under this Agreement or any Contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock‑outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub‑contractors, provided that you are notified of such an event and its expected duration.
    5. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub‑clauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub‑clauses, clauses and paragraphs will remain in full force and effect.
    6. We are not partners and neither of us may act as the others agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    7. We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via the Rizq Financial Technologies Limited, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
    8. What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
    9. Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.
    10. We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
    11. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
    12. Nobody else has any rights under this Agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    13. Which laws apply to this Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Rizq Financial Technologies Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Rizq Financial Technologies Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Rizq Financial Technologies Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

We recommend that you print a copy of these terms for future reference.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Rizq Financial Technologies Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, designs, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
  2. For your own personal use, and non-commercial use, you may do the following: retrieve, display and view the Content on a computer screen.
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Rizq Financial Technologies Limited.

Prohibited use

You may not use the Website for any of the following purposes:

  1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  3. making, transmitting, replicating, or storing electronic copies of Content protected by copyright without the permission of Rizq Financial Technologies Limited.
  4. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

Rizq does not allow transactions for the following business types:

Cryptocurrency Purchase and Trading
Anonymous or Numbered Account, Shell Banking
Cash and Check Handling: Check Cashing, Deposit Taking, Cash Transfer.
Credit repair, Debt restructuring
Debt recovery, Debt settlement, Debt Collections
Financial Pyramid or Ponzi schemes
Gambling and Gaming
MSBs and PSPs as endusers
Any industry known to be an illegal industry in it’s local jurisdiction or the UK
Illegal Drugs and Narcotics
The Sale or Distribution of stolen goods (including digital and virtual goods), counterfeit goods and violation of intellectual property, or items that violates individual privacy
Any products harmful to human health – tobacco, e-cigarettes and e-liquid (Pharma products are subject to approval)
Operating a business that requires a license or special permit without obtaining such license (i.e. Unregulated Auction Houses)
Production of Adults or Violent content
Production or Distribution of Offensive Weapons: Ammunition, Firearms, Explosives, Complex Weapons (i.e. guided missiles), Poisons
Psychic services
Selling, hosting, distributing, producing or promoting offensive materials, including materials that incites or promotes racial hatred or discrimination based on gender, race, religion, national origin, physical ability, sexual orientation, or age.
Transactions involving Human Organs
Sanctioned individuals and entities.

If customers use their Rizq account to pay for the products and services from businesses on this list, these transactions may be declined and the customer’s account may be suspended or closed at Rizq’ sole discretion, in accordance with our T&C’s.

Pre-registration

  1. You must ensure that the details provided by you on submission of the pre-registration form are correct and complete.
  2. You may cancel your pre-registration at any time by informing us in writing to the email address at the end of these terms and conditions.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Rizq Financial Technologies Limited.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy & Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.getrizq.co/privacy-policy/ and www.getrizq.co/cookie-policy.

Availability of the Website

  1. Any online facilities, tools, services or information that Rizq Financial Technologies Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Rizq Financial Technologies Limited is under no obligation to update information on the Website, but it will endeavour to do so as and when needed.
  2. Whilst Rizq Financial Technologies Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Rizq Financial Technologies Limited accepts no liability for any disruption or non-availability of the Website.
  4. Rizq Financial Technologies Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available [to reflect changes to our products, our users’ needs and our business priorities]. However, we will try to give you reasonable notice of any major changes. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  5. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Rizq Financial Technologies Limited accepts no liability for any of the following:
      • any business or personal losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
      • loss or corruption of any data, database or software;
      • any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected and we will always tell you in writing if this happens.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.  These terms were updated on 05/11/2020.
  3. These terms and conditions, together with the Privacy Policy,  and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

You can contact Rizq Financial Technologies Limited by email on [email protected].

Consumer cardholder terms

  1. These terms
    1. What these terms cover. These are the terms and conditions (the “Terms”) which govern the use of the personal, non-transferable card scheme branded debit card (the “Card”) which you have been issued with or will be issued with.
    2. Why you should read them. Please read these Terms carefully before you use your Card. These Terms tell you who we are, who we work with, how you can use your Card and the steps you need to take to protect yourself from unauthorised use of the Card and how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
  2. Information about us and how to contact us
    1. Who we are. We are Payrnet Limited, being the issuer of the Card (“we”, “us”, “our”) and a company incorporated in England & Wales with company number 09883437 and  having its registered address at Kemp House, 152 City Road, London, UK EC1V 2NX. We are the issuer of your Card.
    2. We are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registration number 900594) for the issuing of electronic money (“e-money”).
    3. PayrNet is a wholly owned subsidiary of Railsbank Technology Limited and provides regulated financial services to Railsbank customers. Payrnet outsources all IT and Operations processes to Railsbank, and therefore falls under the Railsbank Privacy Policy for the purposes of clause 10 (Data Protection).
    4. Who we work with when providing you with services relating to the Card.Although we are the sole issuer of the Card, we work with Rizq Financial Technologies Limited, registered in Aldgate Tower, Leman Street, London E1 8FA, UK (the “Distributor”). You can find out more information on the Distributor on the Distributor’s website (being  www.getrizq.co (the “Distributor’s Website”).
    5. The Distributor will be your first point of contact in relation to these Terms, for example if you:
      1. wish to cancel the Card or complain about the service you have been provided with pursuant to these Terms;
      2. let us know that the Card has been or potentially has been lost, stolen or misappropriated; and
      3. report an unauthorised Transactions relating to your Card.
    6. The services provided by the Distributor are governed by a separate set of terms and conditions which are set out in the following weblink https://getrizq.co/terms-and-conditions.
    7. We also provide you with the e-money account (the “Account”) where the funds, which can be spent using the Card, are held. Our company details are set out in section 2.1. The services provided by us for the Account are governed by a separate set of terms and conditions between you and us which are set out at https://getrizq.co/terms-and-conditions Please note that the funds in the Account will not earn any interest.
    8. How to contact us. You can contact us, via the Distributor, by:
      1. telephoning the Distributor at +442034884997; or
      2. using any of the communication methods available:
        1. on the secure area of the Distributor’s Website;
        2. on the Distributor’s mobile application (hereinafter referred to as the “Distributor’s App”).
    9. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us or the Distributor. Any changes to your telephone number, email address or postal address or other personal data we hold about you must be notified by you immediately and in writing in accordance with section 2.7.
  3. Commencement and expiry of these Terms
    1. You shall be deemed to accept these Terms by using the Card. The Card shall remain our property and will be delivered by us, or on our behalf, by the Distributor.
    2. The Terms, excluding Section 7.3, will terminate on the expiry date printed on the Card (“Expiry Date”) unless the Card is auto-renewed, in which case you will be issued with a new Card before the existing one expires. In this instance these Terms will remain valid until the existing Card expires or is otherwise as set out in these Terms.
  4. Issuance and activation of the Card
    1. You may be issued with:
      1. a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVV code printed on it (the “Physical Card”); or
      2. a “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVV2 code (the “Virtual Card”).
    2. In order to start using the Card, you may be required to activate it in accordance with instructions given to you by the Distributor. You must keep your Physical Card and the details of the Virtual Card (as applicable) in a safe place and protect it against unauthorised access or use by third parties.
    3. If you are issued with a Physical Card:
      1. you must sign the Physical Card as soon as you receive it;
      2. you may also receive a secret personal identification number (“PIN”) separately by post or you may be able to retrieve it electronically via the Distributor’s Website or the Distributor’s App.
    4. You should memorise your PIN when you receive it. If you need to keep the written version of the PIN or separately write the PIN down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classed as negligence for the purposes of Section 8.
    5. You can manage the Card on your secure area of the Distributor’s Website and on the Distributor’s App.
    6. The Card shall remain valid until the Expiry Date. If you require a replacement Card, please contact the Distributor using the contact details set out in section 2.7. Please note that an additional fee may be charged for a replacement Card – please see the fees section for more information.
    7. The Card is an e-money product and as such it is not covered by the Financial Services Compensation Scheme. You may only use the Card for lawful Transactions.
  5. Transactions
    1. Should the relevant card scheme and/or programme allow, you may use your Card to enter into the following transactions (hereinafter referred to as “Transactions”):
      1. purchasing goods and/or services from merchants affiliated with the card scheme on your Card;
      2. withdrawing cash from authorised banks worldwide;
      3. receiving cash back from merchants (merchant dependent);
      4. making cash withdrawals from automatic teller machines (“ATMs”).
    2. You can authorise a Transaction by:
      1. allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed; or
      2. inserting the Card into a chip & PIN device and the correct PIN being entered;
      3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVV2 in the case of an internet or other non-face-to-face Transaction;
      4. relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
      5. the Card is tapped against a “contactless” enabled reader and accepted by such reader.
    3. If any of the methods of authorisation set out in section 5.2  are used, we shall be entitled to assume that you have authorised a Transaction unless we were informed that the relevant details of the Card have been lost, stolen or misappropriated prior the Transaction taking place.
    4. You acknowledge the correctness of the amount of each Transaction which you authorise.
    5. Once you have authorised a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.
    6. On receipt of notification of your authorisation of a Transaction and the Transaction payment order from the merchant and/or authorised bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next business day following the notification. If the notification is received on a non-business day or after 4:30 pm on a business day, it will be deemed received on the next business day.
    7. We are not liable if, for any reason, the affiliated merchants or authorised banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorised ban and/or ATM operator.
    8. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.
    9. For Card usage conducted in other currencies (other than the currency of the Card), you shall accept the exchange rate used by Visa, which can be found https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the e-statement. Please be careful when opting to use a merchant’s, bank’s or ATM operators exchange rates as they are often less competitive that the card scheme’s exchange rate.
    10. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the Table, however, will apply on top of the fees set out in the Table.
    11. We and the Distributor have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Distributor’s Website and/or the Distributor’s App.
  6. Non-execution of a Transaction
    1. In certain circumstances we may refuse to execute a Transaction that you have authorised. These circumstances include:
      1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner;
      2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
      3. if we have reasonable grounds to believe you are acting in breach of these Terms;
      4. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions, or
      5. if we are required to do so by law.
    2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you fee when we notify you that your payment request has been refused.
    3. You may also claim a refund for a Transaction that you authorised provided that your authorisation did not specify the exact amount when you consented to the Transaction, and the amount of the Transaction exceeded the amount that you could reasonably have expected it to be taking into account your previous spending pattern on the Card, these Terms and the relevant circumstances.
    4. Such a refund must be requested from us within 8 weeks of the amount being deducted from the Card. We may require you to provide us with evidence to substantiate your claim. Any refund or justification for refusing a refund will be provided within 10 business days of receiving your refund request or, where applicable, within 10 business days of receiving any further evidence requested by us. Any refund shall be equal to the amount of the Transaction. Any such refund will not be subject to any fee.
  7. Access to information on Transactions and available funds in the Account
    1. The Distributor has set up a secure area on the Distributor’s Website and on the Distributor’s App where you can view the available balance in your Account and view the details of any Transactions you have entered into. You can gain access to this by following the instructions on the Distributor’s Website or the Distributor’s App. You must keep the credentials to obtain access to the secure areas safe and not disclose them to anyone.
    2. We can, upon request, send you monthly information (“e-statement”) by email setting out:
      1. a reference enabling you to identify each Transaction;
      2. the amount of each Transaction;
      3. the currency in which the Card is debited;
      4. the amount of any Transaction charges including their break down, where applicable;
      5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
      6. the Transaction debit value date.

      If you would like us to provide you with the e-statement more often than monthly or not by email (or if agreed differently under this section 7, more often than agreed or in a different manner than agreed) then we may charge you a reasonable administration fee to cover our costs of providing the information more often or in a different manner.

    3. If for any reason you have some available funds left in your Account following the termination of these Terms, you may redeem them in full up to 6 years following the termination.
  8. Loss of the Card / Transaction refunds
    1. As soon as you become aware of any loss, theft, misappropriation or unauthorised use of the Card, PIN or other security details, you must immediately notify us using the contact details set out in section 2.7.
    2. In the event of theft, you should consider reporting the theft to the police.
    3. If we believe you did not authorise a particular Transaction or that a Transaction was incorrectly carried out, in order to get a refund you must contact us as soon as you notice the problem using the contact details set out in section 2.7, and in any case no later than 13 months after the amount of the Transaction has been deducted from your Account.
    4. We will refund any unauthorised Transaction and any associated Transaction fees and charges payable under these Terms subject to the rest of this section 8.
    5. This refund shall be made as soon as practicable and in any event no later than the end of the business day following the day on which we become aware of the unauthorised Transaction, unless we have reasonable grounds to suspect fraudulent behaviour and notify the appropriate authorities. If we become aware of the unauthorised Transaction on a non-business day or after 4:30 pm on a business day, we will be deemed to have only become aware of the unauthorised Transaction at the beginning of the next business day.
    6. If we are liable for an incorrectly executed Transaction, we will immediately refund you the amount of the incorrectly executed Transaction together with and any associated Transaction fees and charges payable under these Terms. Depending on the circumstances, we may require you to complete a dispute declaration form relating to the incorrectly executed Transaction. We may conduct an investigation either before or after any refund has been determined or made. We will let you know as soon as possible the outcome of any such investigation.
    7. If a Transaction initiated by a merchant (for example, this happens when you use the Card in a shop) has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed Transaction, we will refund as appropriate and immediately the Transaction and any associated Transaction fees and charges payable under these Terms.
    8. We are not liable for any incorrectly executed Transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable.
    9. If you receive a late payment from another payment service provider (e.g. a refund from a retailer’s bank) via us, we will credit the Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
    10. We will limit your liability to £35 for any losses incurred in respect of unauthorised Transactions subject to the following:
      1. you will be liable for all losses incurred in respect of an unauthorised Transaction if you have acted fraudulently, or have intentionally or with gross negligence failed to: (a) look after and use the Card in accordance with these Terms; or (b) notify us of the problem in accordance with this section 8;
      2. except where you have acted fraudulently, you will not be liable for any losses:
        1. incurred in respect of an unauthorised Transaction which arises after your notification to us of the loss, theft or misappropriation of the Card;
        2. arising where you have used the Card in a distance contract, for example, for an online purchase;
        3. arising where the loss, theft or misappropriation of the Card was not detectable by you before the unauthorised Transaction took place;
        4. where we have failed to provide you with the appropriate means of notification;
        5. arising where we are required by law (anticipated to apply from 14 September 2019) to apply Strong Customer Authentication (as defined in section 8.11) but fail to do so;
        6. the losses were caused by an act or omission of any employee, agent or branch of ours or any entity which carries out activities on our behalf.
    11. “Strong Customer Authentication” means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories: (a) something known only by you (“knowledge”), (b) something held only by you (“possession”); (c) something inherent to you (“inherence”). Strong Customer Authentication it is used to make Transactions more secure.
    12. We are required to provide Strong Customer Authentication when:
      1. you view the available balance on your Account either through the Distributor’s Website or the Distributor’s App and/or through an account information service provider (“AISP”);
      2. when you initiate an electronic Transaction, directly [or when you initiate a remote electronic Transaction through a payment initiation service provider (“PISP”)]; or
      3. when you carry out any action through a remote channel which may imply a risk of payment fraud or other abuses.
    13. If our investigations show that any disputed Transaction was authorised by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We will give you reasonable notice of any reverse refund.
  9. Blocking of the Card

    We may block the Card, in which case you will not be able to execute any further Transactions, if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner. We will notify you of any such blocking in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will unblock the Card and, where appropriate, issue a new Card, PIN and other security features free of charge as soon as practicable once the reasons for the suspension cease to exist.

  10. Data Protection
    1. You agree that we can use your personal data in accordance with these Terms and our privacy policy, which is set out on www.railsbank.com/payrnet. This privacy policy includes details of the personal information that we collect, how it will be used, and who we pass it to. You can tell us if you do not want to receive any marketing materials from us. For the avoidance of doubt, we will share your personal data with the Distributor.
    2. To comply with applicable know-your-client-rules and anti-money laundering regulations (such as the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002, we and/or the Distributor and/or each of our banking providers and any other business partner (the “Partner”) shall be entitled to carry out all necessary verifications of your identity. The above mentioned Partner and the Distributor may use a recognised agency for this verification purposes (details of the agency used will be provided to you on request). Such verifications will not affect your credit score but may leave a ‘soft footprint’ on your credit history.
  11. Fees and spending limits
    1. You are liable for paying all fees arising from your use of the Card and subject to all spending limits placed on the Card by us.
    2. The fees and spending limits on the Card are set out:
      1. on the secure area of the Distributor’s Website; and/or
      2. on the Distributor’s App.
  12. Complaints
    1. If you would like to make a complaint relating to these Terms, please contact us using the contact details in section 2.7 so we can resolve the issue. We will promptly send you a complaint acknowledgement and a copy of our complaints procedure.
    2. Please note that you may request a copy of our complaints procedure at any time. Details of our complaints procedure can also be found on our website. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible.
    3. We will endeavour to handle your complaint fairly and quickly, however, if you are not satisfied with the outcome, you may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR; telephone: 0800 023 4567 or 0300 123 9 123; website: http://www.financial-ombudsman.org.uk; and e-mail:     [email protected]
    4. We are a “trader” and “online trader” for the purposes of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (“ADR Law”). The Financial Ombudsman Service is the only “ADR entity” we are legally obliged and committed to use in order to resolve disputes with consumers for the purposes of the ADR Law. We do not agree to resolve disputes with consumers using any other ADR entity or similar entity.
    5. The European Commission’s online dispute resolution (“ODR”) platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show. The ODR platform can be used to resolve disputes between us and consumers.
  13. Third Party Payment Service Providers
    1. This section 13 applies when you use the services of an AISP or a PISP.
    2. We may deny an AISP or PISP access to the Account for reasonably justified and duly evidenced reasons relating to unauthorised or fraudulent access to the Account by that AISP or PISP, including the unauthorised or fraudulent initiation of a Transaction. If we do deny access in this way, we will notify you of the denial and the reason for the denial in advance if possible, or immediately after the denial of access, unless to do so would compromise reasonably justified security reasons or is unlawful. We will allow AISP or PISP access to the Account once the reasons for denying access no longer apply.
  14. Cooling off period
    1. If you purchased the Card online or by some other remote means, for example via telephone, you are entitled to a 14-day “cooling off” period from the date your received your original Card during which you may cancel the Card. Should you wish to cancel the Card and these Terms during the “cooling off” period, please return the Card to Rizq Financial Technologies Limited, Aldgate Tower, Leman Street, E1 8FA London, United Kingdom unsigned and unused within 14 days of issue and a full refund of any fees paid to date will be made to you. If you have used the Card, you will not be entitled to a refund of any funds that have been spent, including any associated fees, but we will refund any unspent available funds free of charge.
  15. Other important terms
    1. The Terms and all communications will be in English. You may request a copy of these Terms free of charge at any time during the contractual relationship. If we need to contact you in the event of suspected or actual fraud or security threats, we will first send you an SMS or email prompting you to contact our customer services team using the contact information we have been supplied with.
    2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    5. Changes to these Terms / Termination. We reserve the right to amend these Terms for any reason by giving you two-months’ notice by e-mail. You will be deemed to have accepted the changes if you raise no objection prior to the expiry of the period set out in the notice. If you do not wish to accept the changes, you may terminate these Terms immediately and without charge by proving us with notice at any time prior to the expiry of the notice period. At all other times you may terminate these Terms at any time by giving us one months’ notice in accordance with section 2.7 and we may terminate these Terms by giving you two months’ notice in accordance with section 2.8.
    6. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections and sub-sections of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us on time and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of the these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

 

PAYRNET LIMITED

TERMS AND CONDITIONS FOR CONSUMERS

ELECTRONIC MONEY ACCOUNTS

PayrNet Limited are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011  (“EMR 2011”) (register reference 900594) for the issuing of electronic money. Rizq Financial Technologies Limited are an Electronic Money Distributor of PayrNet Limited.

BACKGROUND

This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at “PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK” and registered office at “Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX” (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011  (“EMR 2011”) (register reference 900594) for the issuing of electronic money.

Our relationship with Rizq Financial Technologies Limited: As an EMI, we have appointed Rizq Financial Technologies Limited as an EMD Agent. An EMD Agent means a person who provides payment services on behalf of an electronic money institution (as defined in the EMR 2011). As our EMD Agent, Rizq Financial Technologies Limited is authorised to provide associated payment services alongside our e-money account services.

AGREED TERMS
  1. OUR TERMS
    1. Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
    2. Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign‑on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are PayrNet Limited, an EMI as described above.
    2. Communications between us are to be in English. This Agreement is concluded in England and all communications between you and us shall be in English only.
    3. How to contact us. All queries should be directed towards Rizq Financial Technologies Limited. You can contact the Rizq Financial Technologies Limited using details set out on our website, debit card and in-app.
    4. How we may contact you. If we have to contact you we will do so as follows: in the first instance via the Rizq Financial Technologies Limited except in urgent cases. If we have not been able to contact you through the Rizq Financial Technologies Limited or if the matter is urgent, we will contact you by writing to you at the email address(es), you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or the Rizq Financial Technologies Limited.
    5. Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
    6. Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.
  3. INTERPRETATION
    1. The definitions set out in this clause apply in this Agreement as follows:
      • Agreement” means this agreement and the privacy policy.
      • Consumer“ means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.
      • Electronic Money” means electronically stored monetary value as represented by a claim against us.
      • Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).
      • Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
      • Services” means the e-money account services.
    2. Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
    3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
    5. A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
  4. TERM AND BECOMING A CLIENT
    1. How can you agree to this Agreement? You can agree to this Agreement by ticking the ‘Agree to our Terms and Conditions’ box in-app, during on-boarding.
    2. When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
  5. SERVICES
    1. As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of the Rizq Financial Technologies Limited.
    2. Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
  6. ISSUING ELECTRONIC MONEY TO YOU
    1. Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.
    2. When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.
    3. You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
    4. We accept no responsibility in the event that you send money to the incorrect account.
    5. We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
  7. GENERAL LIMITATION OF LIABILITY
    1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
    2. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
    3. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
  8. COMPLAINTS
    1. If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact the Rizq Financial Technologies Limited using the contact email address for complaints set out on the website and in-app. If the Rizq Financial Technologies Limited does not deal with your complaint adequately, please contact us via email to [email protected].
    2. We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
    3. If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financialombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  9. ESTABLISHING YOUR IDENTITY
    1. To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.
    2. We may keep records of the contents and results of any searches that we carry out on you in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on your credit history.
    3. We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
  10. TERMINATION
    1. When we may terminate or suspend this Agreement.
      1. If the Rizq Financial Technologies Limited notifies us that its agreement with you has terminated we can terminate this agreement with immediate effect.
      2. If you terminate your agreement with Rizq Financial Technologies Limited, we can terminate this agreement with immediate effect.
      3. We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
    2. When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with the Rizq Financial Technologies Limited. We may contact you to confirm your request.
    3. Effect of Termination. Upon the effective date of termination:
      1. you will no longer be able to avail yourself of the Services;
      2. we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us.
    4. After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
  11. CONFIDENTIALITY
    1. We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
        1. to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
        2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  12. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found https://railsbank.com/payrnet. (Payrnet is a wholly owned subsidiary of Railsbank Technology Limited).
  13. GENERAL
    1. Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties which relates to the dealings between the parties.
    2. Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of one‑Pound sterling, upon demand from us, as consideration.
    3. Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. What if something unexpected happens? We shall have no liability to you under this Agreement or any Contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock‑outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub‑contractors, provided that you are notified of such an event and its expected duration.
    5. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub‑clauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub‑clauses, clauses and paragraphs will remain in full force and effect.
    6. We are not partners and neither of us may act as the others agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    7. We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via the Rizq Financial Technologies Limited, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
    8. What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
    9. Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.
    10. We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
    11. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
    12. Nobody else has any rights under this Agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    13. Which laws apply to this Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.