1.1 This agreement is between Roqqett Ltd, a limited company registered in England and Wales with company number 12330839 and having registered offices at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX (“Roqqett”,) and you, each a “Party” and together the “Parties”.
1.2 Roqqett’s VAT number is pending.
1.3 Roqqett is authorised and regulated with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services. Reference number: 925174.
2.1 The Roqqett Service (the “Service”) consists of the software applications hosted or made available by Roqqett, the roqqett.com website (the “Site”) and any other related content and materials, however you access them, whether via the Site or via mobile or tablet app (the “App”). When you sign up for an account with Roqqett this is referred to as your “Roqqett Account”.
2.3 Please read the Terms carefully before you start to use the Service. By using the Service, or otherwise indicating your agreement, you accept the Terms and agree to abide by them. If you do not agree to the Terms, please refrain from using the Service. Roqqett recommends that you download and save or print a copy of the Terms when possible.
2.4 The Service allows you to:
(a) connect details of your accounts maintained by third parties via their third party sites (your “Third Party Accounts”) so that these are accessible in one place;
(b) access details of transactions and balances on your Third Party Accounts; and
(c) initiate transactions via your Third Party Accounts, either between your Third Party Accounts or to accounts of your friends, family and chosen merchants (“Transactions”).
2.5 You acknowledge and agree that the Service is not endorsed or sponsored by any provider of your Third Party Accounts.
2.6 The Service is provided free of charge for your personal and non-commercial use only and should not be used for the purpose of obtaining a commercial advantage or financial gain unless Roqqett expressly agrees in advance to allow commercial use.
2.7 When using the Service for non-commercial purposes, there is no limit on the number of Transactions that you can initiate. If Roqqett reasonably determines that your usage exceeds the level considered fair for non-commercial users, Roqqett will contact you to discuss your options in respect or transferring to a merchant profile and reserves the right to suspend access to the Service.
2.8 You have the right to terminate your relationship with Roqqett at any time and can do so by deactivating your Roqqett Account in the App.
2.9 Roqqett may suspend or terminate operation of the Service at any time as it sees fit.
3.1 You must not allow anyone to access Roqqett on your behalf. You must treat as confidential the user identification code, password and any other piece of information generated or selected as part of Roqqett’s security procedures, and you must not disclose it to any third party.
3.2 You will be asked to provide Roqqett with your contact details (including your phone number and email address) when you register for a Roqqett Account. This is so that Roqqett can provide the Service to you. You must not impersonate or try to impersonate another person when providing Roqqett with information.
3.3 Roqqett warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms in accordance with applicable laws and regulations.
3.4 Roqqett will try to ensure that the Service is available for your use, however does not promise that the Site or App will be available at all times nor does Roqqett promise the uninterrupted use by you of the Site or App.
3.5 You are responsible for:
(a) making all arrangements necessary for you to have access to the Service (for example ensuring you have an available internet connection); and
(b) all costs and expenses you may incur in relation to your use of the Service.
4.1 When adding Third Party Accounts to your Roqqett Account, you are asked to provide Roqqett with permission to contact that third party to request information relating to your Third Party Account.
4.2 When adding Third Party Accounts to your Roqqett Account in order to use the Service, you will be redirected to one of Roqqett’s trusted “Data Service Providers” who will securely authenticate access to one or more of your Third Party Accounts.
4.3 Any permission you grant will last for a period of 90 days after which you will be asked to renew the permission.
4.4 Roqqett’s Data Service Partners will automatically aggregate transactional information relating to your Third Party Account(s) and continue to do so on an ongoing basis until you withdraw your permission for it to do so by removing the Third Party Account from your Roqqett Account, or until your 90 day access permission expires if you do not renew it.
4.5 Roqqett’s Data Service Partners will provide Roqqett with access to your Third Party Account transaction information and will initiate payments from your Third Party Account(s).
4.6 When you initiate transactions within Roqqett, which include an instruction to your bank to make a one-off payment for a specific amount to a specific payee, you will authenticate this transaction either on the secure website of your bank or securely within your bank's installed application on your device. You may, when passed to your bank for secure authentication, reject the payment initiation and no funds will be transferred. Roqqett will never see or have access to any of your log-in information for your Third Party Accounts.
4.7 You may withdraw your permission for us to access your Third Party Account(s) at any time by removing the Third Party Account from your Roqqett Account. If you do withdraw (or fail to renew) your permission, Roqqett will be unable to access or initiate transactions for you.
4.8 Data Service Providers will only use your information to help provide the Service, they will not market to you.
5.1 In the future, additional payment options will be available to Roqqett users.
6.1 Roqqett is the owner or the licensee of all intellectual property rights in the Service (including the Site, the App and any content or material provided as part of or published within the Service). Roqqett and its licensors reserve all rights in such intellectual property in connection with these Terms. This means, for example, that Roqqett and its licensors remain owners of them and are free to use them as they see fit.
6.2 Nothing in these Terms grants you any legal rights in the Service other than as necessary to enable you to access the Service. You agree not to adjust to try to circumvent or delete any notices contained on the Service (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Service.
6.3 You may print off and download extracts, of any page(s) from the Site or App for your personal use. You must not 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. Roqqett’s status (and that of any identified contributors) as the authors of material on the Site or App must always be acknowledged.
6.4 You must not use any part of the Service for commercial purposes without obtaining a licence to do so from Roqqett or Roqqett’s licensors.
6.6 By using the Service, you agree to grant Roqqett and Roqqett’s Data Service Providers, a non-exclusive, royalty free and worldwide licence to use the information, materials, data and other content that you provide via the Service (“Your Content”). We and the Data Service Providers may use, modify, display, distribute and create derivative materials using Your Content for the purpose of providing the Service to you.
7.1 You may not:
(a) attempt to circumvent password or user authentication methods on the Service;
(b) reproduce, duplicate, copy or re-sell any part of the Service other than as permitted by these Terms;
(c) access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which the Service is stored or any software used in the provision of the Service;
(d) use the Service to access without authority, interfere with, damage or disrupt any service, system, equipment, network or software owned or used by any third party;
(e) reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service, the Site and the App; or
(f) use the Service:
i. for any purpose that is unlawful under any applicable law or prohibited by these Terms;
ii. to commit any act of fraud;
iii. to distribute viruses or malware or other similar harmful software code;
iv. for purposes of promoting unsolicited advertising or sending spam;
v. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
vi. to promote any unlawful activity; or
vii. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
8.2 For Roqqett’s compliance purposes and in order to provide the Service to you, Roqqett may need to, either directly or through a third-party, obtain, verify, and record information and documentation that helps Roqqett verify your identity and Third Party Account information. When you register for the Service and from time to time thereafter, Roqqett may require you to provide and/or confirm information and documentation that will allow Roqqett to identify you.
9.1 By accessing and using the Service, you acknowledge and agree that your use of the Service and all information and content included in or accessible from the Service is provided on an “as is” and “as available” basis. To the fullest extent permissible by law, Roqqett disclaim all statutory or implied warranties, representations and conditions including but not limited to those as to quality, merchantability, fitness for purpose and non-infringement.
9.2 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Roqqett’s Data Service Partners or Roqqett or from the Service will create any warranty not expressly stated in these Terms.
9.3 While Roqqett aims to ensure that the Service is accurate, up-to-date and free from bugs, it cannot promise that it will be. Furthermore, it cannot promise that the Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site or App is at your own risk.
9.4 Content is provided for your general information purposes only and to inform you about Roqqett and its services and other parties and services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any of these purposes.
9.5 Roqqett is not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.
10.1 This clause sets out the entire financial liability of Roqqett (including any liability for the acts or omissions of its employees, agents and contractors) to you in respect of:
(a) any breach of these Terms;
(b) any use made by you of the Service and any part of it; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
10.2 Nothing in these Terms excludes the liability of Roqqett:
(a) for death or personal injury caused by Roqqett’s negligence;
(b) for fraud, fraudulent misrepresentation or gross negligence; or
(c) for any liability to the extent that the same may not be excluded or limited as a matter of law.
10.3 Subject to clause 10.2 Roqqett shall not be liable whether in tort (including negligence) or breach of statutory duty, contract, misrepresentation, restitution or otherwise for:
(a) any damage caused by errors or omissions in any of Your Content provided by you to Roqqett in connection with the Service, or any actions taken by Roqqett at your direction;
(b) any loss or damage suffered as a result of a payment error or problems with a third party system or any other system errors including an error with your third party banks’ systems;
(c) loss or corruption of data or information;
(d) business losses;
(e) losses to non-consumers; or
(f) losses that:
i. were not foreseeable to the Parties when these Terms were formed; or
ii. that were not caused by any breach on Roqqett’s part.
11.1 Notwithstanding any other provision of these Terms, Roqqett shall not be deemed to be in breach of these Terms or otherwise liable to you as a result of any delay or other failure in the performance of its obligations under these Terms if and to the extent that such delay or other failure is caused by or arises from any event or circumstance not within the reasonable control of Roqqett.
12.1 Where Roqqett contains links to other sites and resources provided by third parties, these links are provided for your information only. Roqqett has no control over the contents of those sites or resources and accept no legal responsibility for any content, material or information contained in them.
13.1 If you wish to contact Roqqett for any reason, including because you have a complaint, you can do so by sending an email to email@example.com.
13.2 If Roqqett has to contact you or give you notice in writing Roqqett will do so by email, SMS or via a notification in the App and any communications will usually be in English. Roqqett will use the email address or telephone number provided during the creation of your Roqqett Account and it is your responsibility to ensure that the details held by Roqqett are correct.
13.3 If Roqqett becomes aware or suspects that you are affected by fraud or an operational security incident, Roqqett will contact you by email, SMS or through the App.
13.4 It is your responsibility to download the latest software for your mobile device and the latest version of the App as soon as made available to help keep your Roqqett Account safe.
14.1 Roqqett reserves the right to revise these Terms from time to time to comply with law or to meet changing business requirements.
14.2 Roqqett will provide you with advance written notice of any change to these Terms and you will be asked to provide your agreement to any changes in order to continue accessing the App.
14.3 If you do not agree to the proposed changes you can notify Roqqett and Roqqett will arrange for your Roqqett Account to be closed, subject to the rest of these Terms.
15.1 These Terms set out the entire agreement and understanding between the Parties and supersedes any previous agreement between the Parties relating to its subject matter. Unless otherwise expressly agreed in writing these Terms will apply in place of and prevail over any terms or conditions contained in or referred to in correspondence or elsewhere or implied by trade custom or course of dealing.
15.2 No one other than a Party to these Terms has any right to enforce any of these Terms.
15.3 If a court or relevant authority decides that any the Terms are unlawful or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
15.4 These Terms 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. Both Parties agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to any such dispute or claim.