What are our Terms and Conditions?
These Terms & Conditions govern your use of the Monily SC Ltd (“Shoppa”) services and mobile applications, including Shoppa App (the “Mobile Software”), and the Shoppa.co.uk website (“Site”) (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms & Conditions Agreement (“Agreement”), whether or not you are a registered user of our Service.
We reserve the right to update this Agreement at any time. If we make any material changes to this Agreement, we will announce these changes on our Site and notify registered users via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Terms & Conditions, do not use or access the Service. If you are not a registered user, it is your responsibility to regularly check to determine if there have been changes to this Agreement and to review such changes. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. OUR SERVICE
You may not use the Service if you are under 16 or if you have been previously removed from the Service.
B. Account & Registration
You agree to (a) provide accurate, current and complete information when prompted on the mobile applications ("Registration Data"); (b) maintain the security of your password and identification and (c) be fully responsible for all use of your account and for any actions that take place using your account.
By connecting to the Mobile Software with a third-party email service provider, you give us permission to access and use your information from that service and to store your log-in credentials for your account. You may never use another User’s account without permission. You must notify us immediately of any breach of security or unauthorized use of your account.
Shoppa will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in the mobile application.
By providing the Shoppa Service with your email address, you consent to our using the email address to send you Service-related notices and receipts, including any notices required by law, in lieu of communication by postal mail.
You also agree that we may send you notifications regarding activity on our Service to the email address you give us, in accordance with any applicable privacy settings.
C. Services & Fees
While the standard service is free for use, additional data charges may apply through your mobile service provider. Additional fees may also apply for use of the premium version of the Shoppa Assistant app, in future. If there is a charge associated with a portion of the Services, you agree to pay that charge by accessing or using it. The price stated for the Services may be denominated in your local currency by the Apple App Store or any other applicable app store through which you download the apps by Shoppa (each, an "App Store") on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Shoppa relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to our Services may be suspended or cancelled if you do not make your payment on-time and/or in full.
Shoppa services does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding goods or services.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise integrity or security, or decipher any transmissions to or from any aspect of the Service; (iv) taking any action that may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any unauthorized commercial solicitation purposes; (viii) impersonating another person, conducting fraud, or attempting to hide your identity; (x) modifying, recompiling, copying, or redistributing the Mobile Software; (xi) accessing any content on the Service through any means other than those authorized by Shoppa; or (xii) bypassing our measures to prevent or restrict access to the Service, including features that prevent use or copying of any aspect of the Service or the content therein. We may change, stop providing certain features of, or create usage limits for the Service without prior notice. We reserve the right to permanently or temporarily terminate or suspend access to the Service without notice and liability at any time. Upon termination for any reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other email users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Shoppa shall have no liability for your interactions with other Users, or for any other User’s action or inaction.
E. We will do our best to ensure the App and your Shoppa Account is available and up and running for you to use at any time however, this is not something we can guarantee. There may be times where the App and your Shoppa account may not be available. There may be interruptions and/or delays to our services. If this happens we will do our best to remedy as soon as is possible. You can also contact us by email at: email@example.com. We may suspend the operation of our services where we consider it necessary, including (but not limited to) where we have to suspend operations for technical problems, emergencies, maintenance, regulatory reasons, where we decide it is sensible for your protection, in periods of exceptional trading activity or to ensure the continued availability of other services. If this happens we will do our best to contact you to let you know what you should do.
F. Every endeavour is made to ensure the data presented in the App is correct however there maybe times when there are errors. Monily SC (Shoppa) cannot be held responsible for actions made by the users on the basis of the data presented. It is understood that Shoppa cannot be held responsible for Returns data within the application being correct, Retailers/Government may change their policy/laws regarding the time the consumer has and this should always be referenced with the Retailer before making decisions.
2. USER CONTENT
You are solely responsible for the content you send or receive via the Service ("User Content"). For the purposes of clarity, the Service does not send any electronic messaging from within the App, it may link to the native email application of the Smartphone where the user will compose an electronic communication using a third party messaging application. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that it is not possible for Shoppa to “unsend” any emails, chat messages, or other User Content sent on your behalf, or to delete your User Content from another user’s account once that User Content has been sent. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Shoppa shall not be liable for any damages arising from User Content.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Shoppa reserves all rights not expressly granted herein in the Service and the Mail Content (as defined below). Shoppa may terminate this license at any time.
4. OUR PROPRIETARY RIGHTS
Except for your User Content and User Content belonging to other Users (the "Mail Content"), Shoppa and its licensors retain exclusive ownership and control over the Service and all materials therein, including software, images, text, and graphics. Use of the Mail Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Except for the limited license granted to you, we retain all rights, title, and interests (including all Intellectual Property rights) in the Mobile Software. If you choose to submit any comments or ideas about the Service (“Feedback”), you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Shoppa under any fiduciary or other obligation, and that we are free to use or disclose the Feedback without any additional compensation. You further acknowledge that, by acceptance of your submission, Shoppa does not waive any rights to use similar or related ideas previously known to Shoppa or obtained elsewhere.
6. THIRD PARTY SERVICES
The user accepts that by explicitly accepting the terms and conditions of Google, Microsoft or any other Email services provider within the Shoppa set up process they will abide by those terms and Shoppa is not responsible or liable for any breach of non compliance of the user with those terms and conditions.
You agree to defend, indemnify and hold harmless Shoppa, affiliated companies, and their employees from and against any and all claims arising from your use of and access to the Service, including any violation of this Agreement.
8. NO WARRANTY
The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
9. LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Shoppa, its affiliates, or their employees be liable for any damages that result from the use of, or inability to use, this Service. Under no circumstances will Shoppa be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service, your account, or the information contained therein, and in no event will Shoppa’s total cumulative liability under this agreement exceed £500.
The Service is controlled and operated from its facilities in the United Kingdom. Shoppa makes no representations that the Service is appropriate for use in locations other than the United Kingdom. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.
A. Governing Law
You agree that the Service shall be deemed solely based in and governed by the laws of the United Kingdom, and that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Shoppa in jurisdictions other than the United Kingdom. Any claim or dispute between you and Shoppa that arises from the Service shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom, unless submitted to arbitration as described below.
For any claim under this Agreement where the total amount of the award sought is less than £1000, the party requesting relief may elect to resolve the dispute through binding non- appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established Alternative Dispute Resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Shoppa in connection with the Service, shall constitute the entire agreement between you and Shoppa concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Shoppa's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us with any questions you may have regarding this Agreement at:
Monily SC Ltd
RBS Fintech Accelerator
175 Glasgow Road
11. Account Aggregations Services
Salt Edge Inc.: Salt Edge Inc. is an account aggregation service that allows you to monitor your debit/credit card, bank accounts and investments. To use the AAS you shall link your Connected Accounts to the App by using Salt Edge’s platform service. Salt Edge will allow you to connect with your Connected Accounts using your online login credentials and will store your financial details through a bank-level security system. Monily SC Ltd will never receive nor store your personal online login credentials and will receive from Salt Edge only the information required to provide the service. By creating an Monily SC Ltd Account you acknowledge and agree that you have at all times a direct contractual relationship with Salt Edge in regards to the management and storage of your own online banking login credentials and financial details. Salt Edge is an accredited Account Information Service Provider (AISP) under the Financial Conduct Authority (FCA).
Salt Edge terms: https://www.saltedge.com/pages/partner_terms_of_use
Monily SC Ltd is not covered by the Financial Services Compensation Scheme (“FSCS”).