Applicable From 01/06/2019
1.1 These are the terms that apply to your account with us (“Yoyo Account”) and to the payment, loyalty, ordering, promotional information and other services we provide in connection with your Yoyo Account (collectively, "Yoyo Services"). These terms apply to your Yoyo Account, the Yoyo Wallet mobile application (“Yoyo App”), and any merchant or retailer branded mobile application operated by us (“Merchant App”). By downloading the Yoyo App, a Merchant App, registering for a Yoyo Account or by using any of the Yoyo Services, you agree to be bound by these terms which form a binding contract between you and us from that point until you or we close your Yoyo Account.
1.2 Your Yoyo Account is operated, and the Yoyo Services are provided, by Yoyo Wallet Limited (“we”, “us” and “our”), a company incorporated in England and Wales (Company Number 08515940) with registered offices at 78 Whitfield Street, London W1T 4EZ. We are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Firm Ref. No. 900645) for the issuing of electronic money and as an Account Information Service Provider.
1.3 You can contact us by writing to us at the address above or by emailing us at firstname.lastname@example.org. We will communicate with you in the English language and you agree that most communications will be by email or by us posting material on our website.
2.1 The Yoyo App and Merchant App(s) are free to download. You may install and use the Yoyo App and Merchant App(s) (including any updates we make available to you) provided that:
(a) (as between you and us) we own all rights and title in and to the Yoyo App and Merchant App(s) and all the content in them and in any messages we send you. You have no rights in them except as expressly set out in these terms;
(b) you use the Yoyo App and Merchant App(s) only as permitted by the relevant app store terms and these terms;
(c) you use the Yoyo App and Merchant App(s) on one single mobile device that is owned by you or under your control;
(d) you use the Yoyo App and Merchant App(s) only to receive the Yoyo Services and only for your personal, non-commercial purposes;
(e) you do not republish, redistribute or re-transmit, assign, sub-license or grant any rights of use (or other rights) in them to any other person;
(f) save as permitted by law, you do not copy or reproduce the Yoyo App and Merchant App(s) or the content in them or any messaging we send you (whether in whole or in part);
(g) you do not decompile or reverse engineer the Yoyo App and Merchant App(s), attempt to derive the source code, or alter, modify, translate, adapt or create derivative works of the Yoyo App, the Merchant App(s) or content in any way (in whole or in part);
(h) you do not remove or tamper with any copyright or other attribution notice;
(i) you do not attempt to circumvent security features or interfere with the proper working of the Yoyo App, any Merchant App(s), your Yoyo Account or the Yoyo Services; and
(j) on any suspension or termination of the Yoyo Services and/ or Yoyo Account, all rights granted to you shall be suspended or cease immediately.
2.2 You may use your Yoyo Account and the Yoyo Services only for authorised and lawful purposes (complying with all applicable laws and regulations). You must not use your Yoyo Account or Yoyo Services in connection with any lottery or gambling activity, to further any fraudulent or other illegal activity, to impersonate another person or in a manner harmful to us or any other person.
2.3 The Yoyo App, Merchant App(s) and messaging we send you may include links to external sites and third party offers and promotions. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of their operators or promoters.
2.4 You agree that we are free to use any feedback, comments, suggestions, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever (including, but not limited to, developing, manufacturing and marketing goods and services and creating, modifying or improving your Yoyo Account, the Yoyo Services, the Yoyo App, Merchant App(s) or other goods or services). For the avoidance of doubt, all such comments, suggestions, information or ideas will be non-confidential and non-proprietary.
3.1 To use any Yoyo Service, you must first have a Yoyo Account. You can apply for a Yoyo Account through the Yoyo App, a Merchant App, online or by linking an account you hold with certain third parties (each, a “Partner”). It is free to register for a Yoyo Account. You must not attempt to open more than one Yoyo Account at a time. You may download the Yoyo App and each Merchant App to only one mobile device at a time.
3.2 To register, you must satisfy the following minimum eligibility criteria:
(a) you must be an individual acting on your own behalf, in your own personal capacity (and not as a business or on behalf of another person, company or other organisation);
(b) you must be at least 16 years of age (or any older age legally required under local law in your country to bind yourself legally to these terms);
(c) you must have a real mobile phone number that only you have access to;
(d) you must have a real email address that you check regularly; and
(e) you must not already hold a Yoyo Account or had a Yoyo Account which was closed by us.
3.3 To certain information about yourself. This information must be true, accurate, complete and up-to-date. You must update your Yoyo Account information promptly in the event of any change to this information. Your privacy is important to us. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment and loyalty parts of the Yoyo Services. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw this consent at any time by closing your Yoyo Account. If you do this, we will stop using your data for this purpose, but may continue to process your data for other purposes. Our Privacy Notice explains how we collect, use, disclose, transfer and store your information and sets out your rights to your information. We will inform you when we make any changes to our Privacy Notice.
3.4 We may decline any application to register for a Yoyo Account. We are not obliged to give a reason if we decline your application.
3.5 We reserve the right to carry out checks (including checks with credit reference agencies) for the purposes of verifying your identity and credit status and so we can comply with our anti-money laundering and know-your- client obligations. By agreeing to these terms, you agree to our doing so.
4.1 To make payments using your Yoyo Account, you will need to link a debit or credit card ("Payment Card") to your Yoyo Account. Once you have linked a Payment Card, you can use your Yoyo Account to pay for goods or services offered by certain retailers and merchants that we have a relationship with (each, a “Merchant”). Also, you can link your Yoyo Account to accounts you hold with Merchants and Partners.
4.2 Your Yoyo Account, the Yoyo App and each Merchant App are operated by us but we have no responsibility for:
(a) the issuance, acceptance or operation of your Payment Card;
(b) Merchant or Partner stores, websites, their goods and/ or services or the operation of any account you hold with them; or
(c) loyalty or rewards schemes and/ or promotional offers in relation to the goods and services offered by the Merchant or Partner under which you may be eligible to earn “Rewards” (for example, free gifts, money off, multi-buy discounts, 'loyalty' points, stamps and similar campaigns). register for a Yoyo Account and to use some (but not all) of the Yoyo Services, you must provide us with
4.3 The Merchant or Partner alone is responsible for the Rewards, the goods or services and any related product/service description, sale, supply, delivery, customer enquiry, after-sale care or complaint and for any offers and the terms and conditions associated with them. Your participation in any loyalty scheme or Rewards may be subject to additional terms and conditions between you and the Merchant or Partner. We merely provide a tool and platform for you to make payments and to earn and redeem Rewards (collectively, “Transactions”). If you make a Transaction from your Yoyo Account, the Transaction will be between you and the Merchant or Partner (and not with us).
4.4 We do not have any authority or influence in resolving any dispute you may have with any Merchant or Partner and you agree not to involve us in any such dispute. However, if, without being under any obligation to do so, we do intervene to help resolve a dispute relating to a Transaction or make a goodwill gesture (for example, issuing a refund), we do this on behalf of the relevant Merchant and it does not affect or widen our limited role.
5.1 You are the only authorised user of your Yoyo Account. You must not let anyone use your Yoyo Account.
5.2 If the correct user details (e.g. password, biometrics or code) are entered when your Yoyo Account is accessed, we will assume that you are the person accessing your Yoyo Account and you will be responsible for such use (including any Transactions). You must notify us immediately by emailing email@example.com if you discover or suspect that your Yoyo Account has been compromised or suspect an unauthorised Transaction. Until you do, your Yoyo Account will not be secure and you will be liable for Transactions under your Yoyo Account. If we suspect that your account has been compromised or suspect an unauthorised transaction, we may communicate with you via your registered email address or via other secure means agreed between you and us. We may need to verify your identity as part of this process.
5.3 We are responsible for correct and timely processing of Transactions. Where we process a Transaction in error or the Transaction is unauthorised, we will refund the Transaction without undue delay. In most situations, you will be responsible for any unauthorised Transaction (but not Transactions we make in error) only up to a maximum amount of £35/ €50 (or the local equivalent). We will be responsible for any Transaction value in excess of this amount and will arrange for your Payment Card to be credited but only where (a) the unauthorised use was not detectable by you prior to a payment; (b) the unauthorised use was caused by our acts or omissions or those of our partners; and (c) you notify us (by emailing firstname.lastname@example.org) within thirteen (13) months of the date on which your Payment Card is charged or you become aware of the Transaction. However, you will be liable for the full amount of the Transaction if you (i) have acted fraudulently; or (ii) are intentionally or negligently in breach of these terms (including as to the timeframe for notifying us that your Payment Card and/ or Yoyo Account might be compromised).
5.4 We reserve the right to alter or replace your user details, or require you to do so, at any time. We may suspend access to your Yoyo Account in the meantime.
6.1 Your Payment Card must be issued in your name by a bank, building society or other recognised financial institution and must be valid and unexpired. You must update your Yoyo Account information promptly if you change Payment Card. If you link a Payment Card to your Yoyo Account, we may seek to authenticate its details by making a credit to or a reservation of a small amount of money from it - any funds reserved in this way will be released back to you within 5 working days. You may link a Payment Card to only one Yoyo Account at a time. We will not be liable for any charges you incur from your Payment Card provider as a result of taking these steps.
6.2 You can pay using your Yoyo Account through the Yoyo App or Merchant App by scanning the QR code at the point of sale in-store or by clicking the “Buy Now”, “Claim Now”, “Pay with Yoyo” or similar button in-app or online.
6.3 Your payment instruction is authorised when you receive confirmation in-app or at the point of sale. We aim to charge the Transaction amount to your Payment Card by the end of the next business day but could take up to thirty (30) days. Once payment is authorised you cannot cancel or amend the Transaction through the Yoyo Services or by contacting us. Any cancellation or amendment of the Transaction will be subject to the Merchant’s refund policy. Please contact the relevant Merchant in-store, online or as instructed on the Merchant’s website.
6.4 We may apply limits to the number and value of Transactions processed through your Yoyo Account. You will not be able to make Transactions in excess of these limits until we have carried out additional steps to verify your identity under anti-money laundering rules. We reserve the right to suspend your Yoyo Account until necessary verification checks have been completed. Merchants, Partners and your Payment Card issuer may apply their own restrictions in addition to ours.
6.5 When you make a purchase with your Yoyo Account, a digital receipt will be created in real-time and will be available to view in the “activity” section in your Yoyo Account. You can download these receipts in .pdf or .csv format at any time from your Yoyo Account.
Until 12 February 2018, we offered the ability to pre-pay funds into your Yoyo Account. It is no longer possible to pre-pay your Yoyo Account in this way. If you created a Yoyo Account before 12 February 2018 we may still hold a pre-paid amount on your behalf. If you have not accessed your Yoyo Account or made a transaction for at least 12 months, any pre-paid amount in your Yoyo Account will be subject to an “unclaimed balance fee” of £3 per month. The total value of these fees will not exceed the pre-paid amount we hold. Alternatively, the next time you transact, we will deduct the value of the Transaction from the remaining pre-paid amount. Please contact us as soon as possible (email@example.com) if you wish to claim any remaining pre-paid amount.
8.1 From time to time, Merchants and Partners may run advertising and promotional campaigns. We may (subject to you opting-in, where necessary) communicate campaigns to you but the relevant Merchant or Partner (not us) is the promotor of the campaign. If you receive communications about a campaign from us, we do not guarantee that you are eligible to participate in it and you should check (with the relevant Merchant or Partner) that you are eligible, what you have to do (if anything) to participate, for how long it is available and any other material conditions, as set out in the relevant campaign terms and conditions.
8.2 The relevant Merchant or Partner (not us) is responsible for any campaign and the terms and conditions that apply and making sure you are aware of them. The Merchant or Partner may choose to change or discontinue a campaign at any time.
8.3 You may cease to be eligible to continue participating in any ongoing Campaign and cease to be entitled to benefit from a Reward if:
(a) your Yoyo Account is suspended or closed;
(b) the Merchant or Partner ceases to work with us; or
(c) the Merchant or Partner changes or discontinues the campaign.
8.4 We will not be responsible for any detriment or disappointment you may suffer because of your participation in any campaign, Reward, offer or promotion. This will not affect any Transaction that has already been completed.
9.1 We reserve the right to make changes to these terms. We will notify you of any change(s), including details of when they will come into effect.
9.2 Subject to any statutory notice period, you will be deemed to have accepted the change, even if you do not tell us, if (a) you continue to use your Yoyo Account, the Yoyo Services, the Yoyo App or a Merchant App after the date specified; or (b) you do not close your Yoyo Account before the date specified for the change.
10.1 You may close your Yoyo Account, without charge, at any time by emailing firstname.lastname@example.org.
10.2 We may close your Yoyo Account or withdraw any of the Yoyo Services without reason at any time on not less than two months' notice to you.
10.3 We may, from time to time, suspend (in whole or in part) the operation of any Yoyo Services and/ or your use of your Yoyo Account if (a) we suspect your Yoyo Account is being used in connection with unauthorised, fraudulent or unlawful activities; (b) that the security of your Yoyo Account has been compromised or suspect an unauthorised Transaction; (c) we are required to do so by law, court order or the instructions of a regulator; (d) you breach any of these terms; or (e) as otherwise set out in these terms.
10.4 We may, with or without prior notice, close your Yoyo Account if (a) you no longer satisfy the minimum eligibility criteria set out in paragraph 3.2; (b) you use the Yoyo Account, Yoyo App, Merchant App(s) or Yoyo Services in connection with fraudulent or unlawful activities; or (c) you breach any of these terms.
10.5 If you have breached these terms, we may take such additional action as we deem appropriate including by (a) issuing a warning to you; (b) commencing legal proceedings against you for recoverable loss and damage resulting from the breach (including reimbursement of all sums paid if you have used your Yoyo Account in a fraudulent manner and/or using an unauthorised payment card); (c) disclosing relevant information to law enforcement authorities; and/ or (d) suspending your Yoyo Account and use of the Yoyo Services. The actions described above are not limited and we may take any other action we deem appropriate.
10.6 Upon closure of your Yoyo Account, for whatever reason (a) all rights granted to you under these terms will cease immediately (but this will not affect any rights or remedies which either you or we may have in respect of anything that takes place before your Yoyo Account is closed); and (b) you must discontinue promptly all use of your Yoyo Account, the Yoyo Services, the Yoyo App and Merchant App(s).
11.1 Nothing in these terms shall limit or exclude our liability to you (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; (c) for breach of any term implied by the Consumer Rights Act 2015 which, by law, may not be limited or excluded; or (d) for any other liability that, by law, may not be limited or excluded.
11.2 TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT OR A COURSE OF DEALINGS BETWEEN US.
11.3 WE DO NOT GUARANTEE THE CONTINUOUS OR UNINTERRUPTED OPERABILITY OF THE YOYO SERVICES OR YOUR YOYO ACCOUNT. THERE MAY BE PERIODS OF DOWNTIME FOR MAINTENANCE AND UPGRADE WORK (WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS). WE ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT YOU CHOOSE TO COMMUNICATE WITH US WHILE IT IS BEING TRANSMITTED OR FOR ANY DATA LOST DURING TRANSMISSION.
11.4 SUBJECT TO PARAGRAPH 11.1, IN NO EVENT SHALL WE, OUR AGENTS, OFFICERS, EMPLOYEES OR SUB- CONTRACTORS BE LIABLE TO YOU FOR ANY LOSS OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE; LOSS OF ANTICIPATED SAVINGS; LOSS OF PROFIT OR ECONOMIC LOSSES; INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES AND ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND, IN ANY CASE, SHALL NOT EXCEED THE SUM OF £150.
11.5 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY ANY ACT OR OMISSION OF A THIRD PARTY OR EVENTS OUTSIDE OUR REASONABLE CONTROL.
12.1 If you wish to make a complaint about an order you place, a Merchant’s store, website or the goods and services you purchase please contact the relevant Merchant in-store or as instructed on the Merchant’s website.
12.2 If you wish to make a complaint about your Yoyo Account or the Yoyo Services, please email email@example.com giving brief details of your complaint. A summary of our complaints handling procedures is available our website and we can provide a copy on request.
12.3 If we are unable to satisfy your complaint satisfactorily within a period of thirty-five (35) business days, you may be eligible to refer your complaint to the Financial Ombudsman Service, Exchange Tower, London E14 9SR, United Kingdom. The Financial Ombudsman Service is an independent body that helps settle complaints between customers and firms regulated by the FCA. Further details on referring a complaint to the Financial Ombudsman Service, including whether you are eligible to do so, can be found at www.financial- ombudsman.org.uk.
13.1 You may not transfer or assign any or all of your rights or obligations under any these terms.
13.2 If we fail to enforce any of our rights, that does not result in a waiver of that right.
13.3 If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
13.4 These terms may not be varied except with our express written consent.
13.5 These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any these terms. We are required by law to advise you that the contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
13.6 Upon request, we will provide you with a copy of these terms or any part of the information contained within them (including information set out in Schedule 4 of the Payment Services Regulations 2017). You can download these terms from our website at any time.
13.7 No third party has the right to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.
13.8 These terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws and regulatory codes and/or guidance of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
13.9 You agree that any dispute between you and us regarding these terms or any Yoyo Services or your Yoyo Account will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. We are required to inform you that the Financial Ombudsman Service is an alternative dispute resolution body to whom we are obliged, by the rules of the Financial Conduct Authority, to refer certain disputes that cannot be resolved between you and us. For more information, please refer to paragraph 12.3.
13.10 The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
1.1 For some Merchants you may be able to place orders for goods and services through the Yoyo App or Merchant App. This Yoyo Service is not available at all Merchants and not at all outlets.
1.2 Orders are subject to acceptance by the relevant Merchant. Each order will be subject to Merchant's terms and conditions of supply or service, which will be accessible to you from the relevant Merchant's website. You will be deemed to have accepted the Merchant's terms and conditions by placing your order.
1.3 You will receive an order acknowledgement. This does not amount to acceptance of the order. It is simply to inform you that we have received your order and to provide you with an order number and the Merchants terms and conditions.
1.4 If the Merchant does not accept your order, we will notify you via an in-app message and you will not be charged. We may propose alternative goods or services but you are under no obligation to purchase them.
1.5 If the Merchant does accept your order , we will notify you via an in-app message and/ or by email. This message confirms acceptance of your order and we will take payment and prepare your order. Once you have received this message, you cannot cancel or change the order and cancelation and refunds are at the Merchant’s discretion, subject to their terms and conditions.
1.6 The price of the relevant goods and services is as quoted in the Yoyo App or Merchant App at the time you place your order. Prices include VAT but exclude the costs of delivery. Where applicable, delivery costs will be added to the total amount due before you are prompted to submit and pay for your order. Prices (and delivery costs) are liable to change at any time (but changes will not affect any order you have placed already).
1.7 If you choose to collect your order, we will notify you in app of the time for collection and a unique code, which you will need to show to the Merchant, as your proof of purchase when you collect your order.
1.8 If you have purchased an age-restricted item (such as alcohol), you will need to be able to show photographic IDwhichconfirmsyourage,ifrequestedbytherelevantMerchantatthepointofcollection. Itisuptoyouto place the order at the appropriate time and to be able to collect the order at the time specified. We are not responsible if you are unable to collect your order.
1.9 The relevant Merchant's delivery/ collection policy and cancellations, returns and refunds policy are as set out in the Merchant's terms and conditions of supply or service and the Merchant alone is responsible for these.
1.10 If you cancel any order prior to completion of the order in circumstances in which you are entitled to do so (which should be explained in the relevant Merchant's terms and conditions of supply or service), the Merchant alone is responsible for agreeing to issue you with any refund.
2.1 Merchants may issue plastic loyalty cards (“Loyalty Card”) powered by us to collect Rewards at participating Merchant outlets by scanning the Loyalty Card QR code at the Merchant’s point of sale. To view and redeem any Rewards collected on a Loyalty Card you must register the Loyalty Card to your Yoyo Account.
2.2 You can register your Loyalty Card to your Yoyo Account when you set up your Yoyo Account, or elsewhere as indicated in the Yoyo App (or relevant Merchant App), by entering the card number on the front of the card. If you do not do so you will not be able to use any Rewards collected on the Loyalty Card. You can only register a limited number of Loyalty Cards in total (and never more than one per Merchant) and you will be notified if you attempt to add a card beyond this limit. We have the right to amend this limit from time to time.
2.3 When your Loyalty Card is registered, any Rewards on the Loyalty Card will be applied to your Yoyo Account. You can continue to collect Rewards can by scanning the QR code on the registered Loyalty Card at the Merchants point of sale or through your Yoyo Account. Rewards can only be viewed by logging into your Yoyo Account and can only be redeemed by using your Yoyo Account at the Merchant’s point of sale or online.
2.4 Loyalty Cards are issued by the Merchant identified on the Loyalty Card (not us) for use at Merchant participating outlets and remain their property at all times. Loyalty Cards are not a credit card, charge card or debit card. You cannot transfer your Loyalty Card, or any Rewards collected on it, to any other person. You are responsible for keeping your Loyalty Card safe. Loyalty Cards cannot be replaced or re-registered for any reason (including if lost, stolen or damaged) and any Rewards collected on the Loyalty Card will be lost if it was not registered.