NUTZUNGSBEDINGUNGEN

Welcome to the MishiPay website and our applications (each, our Service). These are our terms of use – they tell you who we are, how we provide the MishiPay Service to you, how to ask us questions and other important information. These terms also explain your rights and obligations, so please read them carefully. By using the MishiPay Service you agree to be bound by these terms and our Privacy Notice (Terms). If you do not accept these Terms in full please do not access or use the MishiPay Service. The MishiPay Service may only be used by a person who is 16 years old or over. If you are under 16 years old you are not authorised to use this App so please do not use this App. These Terms are legally binding and we recommend that you save or screenshot a copy for future reference.

WHO WE ARE AND HOW TO CONTACT US

We are Mishipay Limited (Mishipay). We are registered in England and Wales under company number 09717666 and have our registered office at WEWORK, 131 Finsbury Pavement, EC2 1NT, United Kingdom. Our VAT number is GB 240155545. When we say “we”, “our” or “us” in these Terms, that’s who we mean. If you have any questions relating to these Terms, please email us at [email protected] or write to us at WEWORK, 131 Finsbury Pavement, EC2 1NT, United Kingdom.

ACCESSING THE MISHIPAY SERVICE

The MishiPay Service is currently made available to you free of charge on a non-exclusive basis for your personal, non-commercial use only. This means that you are the only person who can use the MishiPay Service using your login details and that you cannot make money from using the MishiPay Service.

ACCEPTABLE USE POLICY

When you are using the MishiPay Service, you agree not to do any of the following things. If we know or suspect that you have done or will do, we may suspend or revoke your access to the MishiPay Service. Some of the items listed below are unlawful and we may need to disclose your identity, activities and any supporting information to law enforcement agencies. You must not use the MishiPay Service (including any content or other material on it):
  1. in violation of any laws;
  2. in a manner that is fraudulent or deceiving;
  3. for any business purpose (including your own or of a third party);
  4. to harm any person;
  5. to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store sensitive information (including but not limited to passwords, login details and business secrets and other confidential information), infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs;
  6. to obtain unauthorised access to or damage our networks or systems and/or disrupt the integrity or performance of the MishiPay Service or the data contained therein;
  7. to copy, rent, sell, lease, sub-licence, distribute, assign, or otherwise transfer or encumber rights to any proprietary or third party software making up the MishiPay Service;
  8. access or use the MishiPay Service for the purpose of building a competitive product or service of the MishiPay Service or any proprietary or third party software making up the MishiPay Service, or copying its features or user interface;
  9. to modify, adapt, decompile, disassemble, reverse engineer or create derivative works of the MishiPay Service or any proprietary or third party software making up the MishiPay Service;
  10. to scrape, reproduce or copy any content on the MishiPay Service;
  11. to remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the MishiPay Service;
  12. use the MishiPay Service a manner that overburdens, or that threatens the integrity, performance, or availability of, the MishiPay Service; or
  13. in any unauthorised manner or in a manner that is detrimental to our third party service providers.
We may make bulletin boards, chat rooms or other communication services available on the MishiPay Services. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users on the MishiPay Services (Submissions). We may remove or edit any Submissions whether they are moderated by us or not. Any Submission you make must comply with our Submission standards set out below. Any Submission or communication to users of the MishiPay Services must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
  1. your own original work and lawfully submitted;
  2. factually accurate or your own genuinely held belief;
  3. provided with the necessary consent of any third party;
  4. not defamatory or likely to give rise to an allegation of defamation;
  5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
  6. unlikely to cause offence, embarrassment or annoyance to others.
We may monitor your use of the MishiPay Service for security reasons and to ensure you comply with these Terms.

CHANGES TO THESE TERMS

We may update our Terms occasionally. If we do, we will let you know. If you keep using the MishiPay Service after we have notified you of an update, you are agreeing to the updated version of these Terms. If you do not agree to the updated Terms, you will need to stop using the MishiPay Service. In some cases, you may be asked to agree to revised terms when accessing the MishiPay Service and if you do not agree to the revised terms you will not be allowed to use the MishiPay Service.

CHANGES TO THE MISHIPAY SERVICE

We may update and change the MishiPay Service or its functionality from time to time to reflect changes to our users’ needs and our business priorities or any other reason. We may also suspend, withdraw or restrict the availability of all or any part of the MishiPay Service for business and operational reasons. We will try to give you reasonable notice of any major changes or of any suspension or withdrawal.

UK, SPAIN, GERMANY, NETHERLANDS USE ONLY

The MishiPay Service is only suitable for use by users residing in the UK, Germany, Spain and the Netherlands and is not appropriate for use in other locations.

ACCURACY AND NON-RELIANCE ON INFORMATION

Although we make reasonable efforts to update the information on the MishiPay Service, any information provided to you as part of our services is only as accurate, up to date and complete as the information we receive from you or any third party (including retailers and suppliers). We do not check the information we receive from you or third parties for accuracy or completeness and we make no representations, warranties or guarantees, whether express or implied, that the content on the MishiPay Service site is accurate, complete or up to date. In addition, we are not responsible for the timeliness, accuracy or storage of any user information, communications or personalisation settings and we cannot guarantee that the MishiPay Service or any content or functionality provided as part of our services (including the ability to retrieve item data, scan barcodes, pay for items, search relevant store items and other cloud enabled functions) will always be available, uninterrupted or error free. We do not guarantee that the MishiPay Service will be free from bugs or viruses.

OWNERSHIP OF THE MISHIPAY SERVICE

We own or licence all intellectual property rights in the MishiPay Service and any component systems. All content on the MishiPay Service is subject to copyright with all rights reserved. This means that no title or any intellectual property rights are transferred to you and that, except as stated below, you cannot copy, reproduce any images, trademarks, brands or content without permission. You can print off one copy, and may download extracts, of any page(s) from the MishiPay Service for your personal use, however you must not:
  1. modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  2. remove any acknowledgement that we or any of our contributors is the author of any content we provide to you as part of the MishiPay Service; or
  3. use any part of the content on the MishiPay Service for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the MishiPay Service in breach of these Terms, your right to use the MishiPay Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are responsible for keeping any materials you have copied, printed or downloaded secure and confidential. MishiPay is not liable for any losses resulting from your failure to keep these materials secure and confidential, including losses arising from unauthorised access to the materials or to the MishiPay Service.

YOUR INFORMATION

Any personal data that you provide to us when you register for the MishiPay Service or that is otherwise collected through the MishiPay Service will be processed in accordance with our Privacy Notice. Your rights and obligations in relation to processing of your personal data by MishiPay are described in our Privacy Notice.

PAYMENT

To make a purchase, you can add payment card information into the MishiPay Service (please note that not all debit and credit cards are accepted). As we use third party gateway providers to process your payments, we will not have access to your full payment card information – these details will be received directly by our gateway providers. We will only receive the last four digits and the expiry date of your chosen payment card from our gateway provider for the purpose of facilitating registration of your payment card against your registered user profile in the MishiPay Service. We will securely store this information in accordance with our Privacy Notice. By providing your payment card information, you authorise all purchases made from your device using the MishiPay Service. When you set up a new card or initiate a transaction, authorisation may be sought from your card issuer. Your use of a payment card may be subject to separate terms and conditions between you and the card issuer, and we are not responsible for any failure to process a payment. If any unauthorised payments are made using the MishiPay Service you should contact your card issuer immediately. If you no longer wish to use a particular payment method, there is an option to delete your payment card information in the MishiPay Service. Our use of your payment information, as well as any data shared with your card issuer or any third party, will be governed by our Privacy Notice.

USE OF MOBILE DATA

To operate correctly, the MishiPay Service requires a connection to the internet through either a wireless internet or mobile data. We are not responsible for any unavailability of MishiPay Service due to poor connectivity. Please note that you may be charged by your mobile provider when accessing the MishiPay Service. Any charges incurred are your responsibility and are subject to separate terms with your mobile provider. If you are not the bill payer for the device on which you’re using the MishiPay Service, we will assume that you have received permission from the bill payer for using the MishiPay Service and we are not responsible for any failure on your part to seek such permission.

EXTERNAL WEBSITES AND APPLICATIONS

The MishiPay Service may contain links to other sites and resources provided by third parties, these links are provided for your information only unless otherwise stated. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and your access to those websites or information may be governed by separate terms and conditions of those third parties. We have no control over the contents of those sites or resources.

THIRD PARTY SOFTWARE

The MishiPay Service contains third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located here and are made a part of and incorporated by reference into this Agreement.

OUR LIABILITY

Please read this section carefully, as these terms exclude or limit our liability to you for any losses suffered by you in connection with using the MishiPay Service. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), MishiPay is not legally responsible for any losses that: (a) were not foreseeable to you and us when these Terms were formed; or (b) that were not caused by any breach on our part. In addition, MishiPay is not responsible for any business losses or losses to non-consumers.

TERMINATING THESE TERMS

We reserve the right to terminate these Terms and your use of the MishiPay Service at any time, with or without cause, immediately upon our giving notice to you in writing to the email address provided by you when you registered for the MishiPay Service. As further explained in the Privacy Notice, your access to the MishiPay Service will be suspended or terminated if you withdraw your consent to our processing of your personal data. Please note that we may keep records containing your personal data in accordance with our Privacy Notice. If you no longer wish to use the MishiPay Service, you can uninstall it from your device. Uninstalling the MishiPay Service from your device will terminate these Terms.

GENERAL

Events outside our control: We are not liable to you for any delay or non-performance of our obligations under these Terms if the delay or non-performance is caused by circumstances beyond our reasonable control. Rights of third parties: These Terms are between you and us. No other person shall have any rights to enforce any of its terms. No agency: Nothing in these Terms is intended to constitute us as your agent or authorise us to enter into any commitments for or on your behalf. Severability: If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced. No waiver: Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms. Assignment: You are not permitted to assign any of your rights or obligations under these Terms. Entire agreement: These Terms (which include our Privacy Notice) constitute the whole agreement and understanding between you and us in relation to your use of the MishiPay Service. Notices: You agree that any notices or communications may be given by us by email or posted on the MishiPay Service and that this will comply with our requirement to notify you of such communications in writing. You agree that any communication made in this manner will be deemed received by you 24 hours after email or posting.

DISPUTES AND GOVERNING LAW

The English courts will have jurisdiction over any claim arising from, or related to, any use of the MishiPay Service. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
de_DE
en_GB fr_FR es_ES de_DE