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Terms of use

Last updated March 20 2023

1. Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “user” or “users”) and Naby Ltd, doing business as NabyPay ("NabyPay," “we," “us," or “our”), concerning your access to and use of NabyPay’s Application.

The term “Application" collectively refers to:

  • Applications for mobile, tablet and other smart device systems;
  • The website http://www.nabypay.com, including its subdomains and any other website through which we make our Service available;
  • Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
  • Any other media form such as the media channel, or mobile website related, linked, or otherwise connected thereto;  
  • The Service.

We are registered in England and have our registered office at 33 Queen St Pl, London EC4R 1AP. You agree that by accessing the Application, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you

check the applicable Terms every time you use our Application so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by you continued use of the Application after the date such revised Terms of Use are posted.

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

By using this Application, you confirm to meet the following requirements:

  • Users must be recognised as adult by applicable law;
  • Minors may only use this Application under parental or adult supervision;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users are not listed on any U.S. Government list of prohibited or restricted parties.

2. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: nabypay.com/privacy. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in the United Kingdom. If you access the Application from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Application, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

3. How this application works

Intermediation

This Application merely allows users to connect to and interact with third parties. We therefore are not directly involved in any such interaction. We do not control, monitor, moderate or inspect any products or services offered by sellers using this Application. This means that we do not bear any responsibility in connection with such products or services, including but not limited to their quality, safety, accuracy, or the sellers’ ability to provide them. Likewise, we do not control, monitor, moderate or inspect buyers using this Application. Therefore, we do not bear any responsibility in connection with such buyers’ activity on this Application, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs. This Application merely serves as a technical infrastructure or platform to allow users to interact with each other. We therefore are not directly involved in any such interactions between users. These Terms apply to the described usage of this Application as a platform. Unless otherwise stated, these Terms also apply to transactions between buyers and sellers. This does not imply the involvement of us in such transactions.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application. All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

4. Account registration

To use the Service users must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of our Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength permitted by this Application. By registering, users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform us via the contact details indicated in this document, if they think their personal information, including but not limited to user accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of user accounts on this Application is subject to the conditions outlined below. By registering, users agree to meet such conditions:

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

5. User representations

By using the Application, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Application through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Application for any illegal or unauthorised purpose; and (5) your use of the Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).

6. Term and termination

These Terms of Use shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN THE OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR FOR FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE  APPLICATION OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from creating a new

account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. The suspension or deletion of user accounts shall not entitle users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the user does not exempt the user from paying any applicable fees or prices.

7. Content of this application

Unless where otherwise specified or clearly recognisable, all content available on this Application is owned or provided by NabyPay or its licensors. We undertake its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are kindly asked to preferably report related complaints using the contact details provided in this document.

NabyPay holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Application.

8. Content provided by users

We allow Users to upload, share or provide their own content to this Application. By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, including but not limited to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote our Service in any media or manner without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application. Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

9. Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that NabyPay does not filter or moderate such content. However, we reserve the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading user access to this Application:

  • If any complaint based on such content is received;
  • If a notice of infringement of intellectual property rights is received;
  • Upon order of a public authority; or
  • Where we are made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold NabyPay harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

10. Access to provided content

Content that Users provide to this Application is made available according to the criteria outlined within this section. Private content provided by Users shall stay private and will not be shared with any third parties or accessed by us without the User’s explicit consent. Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users. Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the content. Users may (and are encouraged to) check on this Application to find details of who can access the content they provide.

11. Acceptable use

This Application may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Application violates no applicable law, regulations or third-party rights. Therefore, NabyPay reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • Violate laws, regulations and/or these Terms;
  • Infringe any third-party rights;
  • Considerably impair the NabyPay’s legitimate interests;
  • Offend NabyPay or any third party.

12. Prohibited activities

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Application, you agree not to:

  • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Application and of this Service or its use without the NabyPay’s express prior written permission, granted either directly or through a legitimate reselling program.
  • Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
  • Use any information obtained from the Application in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Application in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the Application.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
  • Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
  • Copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorised script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Application.
  • Make any unauthorised use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
  • Use the Application to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.

13. Software license

Use Licence

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held byNabyPay and/or its licensors. Subject to your compliance with and notwithstanding any divergent provision of these Terms, we merely grant you a revocable, non-exclusive, non-sublicensable and non-transferable licence to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Service. This licence does not grant you any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the NabyPay’s or its licensors’ sole property. All rights and licence grants to you shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this licence you may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards. We reserve the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to you for free. You may need to download and install such updates to continue using this Application and/or its related software. New releases may only be available against payment of a fee. You may download, install, use and run the software on unlimited devices. However, it may not be permitted to run the software on more than one device at a time.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this licence contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms of Use against you as a third-party beneficiary thereof.

14. Application management

We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

15. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Application at a reason at our sole discretion without notice. However, we have no obligation to update information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. To ensure the best possible service level, we reserve the right to interrupt Service for maintenance, system updates or any other changes, informing the users appropriately.

Within the limits of law, we may also decide to suspend or terminate the Service altogether. If the Service is terminated, we will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that we have no control over such resources and are therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

16. Intellectual property rights

Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled exclusively by NabyPay or its licensors, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international treaties and conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Application, the Content and the Marks.

17. Corrections

There may be information on the Application that contains typographical errors, inaccuracies, omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.

18. Indemnification

You agree to defend, indemnify, and hold NabyPay harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, co-branders, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Application with whom you connected via the Application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to indemnification upon becoming aware of it.

19. Disclaimer

THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,  MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR  PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. Limitations of liability

IN NO EVENT WILL NABYPAY OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING THE LOSS OF BUSINESS OPPORTUNITIES, PROFITS, REVENUE, CONTRACTS, BUSINESS RELATIONSHIPS, REPUTATION, GOODWILL, LOSS OF DATA, INTERRUPTIONS OR MALFUNCTIONS OF THIS APPLICATION DUE TO ACTS OF FORCE MAJEURE, OR UNFORESEEN AND UNFORESEEABLE EVENTS AND, IN ANY CASE, INDEPENDENT OF THE WILL AND BEYOND THE CONTROL OF US, SUCH AS, BUT NOT LIMITED TO, FAILURES OR DISRUPTIONS OF TELEPHONE OR ELECTRICAL LINES, THE INTERNET AND / OR OTHER MEANS OF TRANSMISSION, UNAVAILABILITY OF WEBSITES, STRIKES, NATURAL DISASTERS, VIRUSES AND CYBER ATTACKS, INTERRUPTIONS IN THE DELIVERY OF PRODUCTS, THIRD-PARTY SERVICES OR APPLICATIONS, OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY LOSSES THAT ARE NOT THE DIRECT CONSEQUENCE OF A BREACH OF THE TERMS BY US.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FOLLOWING LIMITATION APPLIES TO ALL USERS: IN ANY EVENT OF LIABILITY, THE COMPENSATION SHALL BE LIMITED TO A TOTAL AGGREGATE AMOUNT EQUAL TO THE GREATER OF (A) THE SUM OF £10, OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

21. User data

We will maintain certain data that you transmit to the Application for the purpose of managing the performance of the Application, as well as data relating to your use of the Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of  action against us arising from any such loss or corruption of such data.

22. Electronic communications and traction signatures

Visiting the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Application, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. Governing law

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the laws of your country of residence. Naby Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

24. Dispute resolution

Amicable dispute resolution

To expedite resolution and control the cost of any dispute, complaint, controversy, or claim, users may bring any dispute to us and we will try to resolve them amicably. While your right to take legal action shall always remain unaffected, in the event of any dispute regarding the use of this Application or the Service, you are kindly asked to contact us at the contact details provided in this document. You may submit the complaint including a brief description and if applicable, the details of the related transaction, activity, or account to our email address specified in this document. We will do our best to process the complaint without undue delay and within 3 days of receiving it.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

25. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Application or in respect to the Application constitute the entire agreement and understanding between you and us. Our failure to  exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of NabyPay. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

26. Contact us

In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:

Address

Naby Ltd
Jump Accounting, 131 Finsbury Pavement, London, United Kingdom, EC2A 1NT.

Contact

info@nabypay.com

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Get paid fast, anywhere.
NabyPay
  • How It Works
  • Testimonials
  • Pricing
  • FAQs
Business
  • About Us
  • Help and Support
  • Help Centre
  • Contact Us
  • Blog
  • Blog
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NabyPay is a trading style of Naby Ltd.

Naby Ltd is a company registered in England and Wales (No. 12156621). Our registered address is Jump Accounting, 131 Finsbury Pavement, London, United Kingdom, EC2A 1NT.

Copyright © NabyPay