1. These terms
1.1 What these terms cover. These are the Terms and Conditions under which we supply the services to you (“Services”), whether these are goods, services or digital content.
1.2 Why you should read them. Please read these Terms and Conditions carefully before you submit your application to register with us. These Terms and Conditions tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Billie UK Limited (“BillButler”) a company registered in England and Wales. Our company registration number is 10897362 and our registered office is at Northside House, 69 Tweedy Road, Bromley, Kent, BR1 3WA.
2.2 BillButler is registered by the the Bulgarian National Bank, in consultaton with the Financial Conduct Authroty (“FCA”) of the UK, as an agent of Paynetics in the UK. “Agent” means a person who distributes or redeems electronic money and provides payment services on behalf of an electronic money institution.
2.3 Paynetics Limited (“Paynetics”) is an electronic money institution registered in Bulgaria and is authorised by the Bulgarian National Bank to issue electronic money and provide payment services in accordance with the electronic money directive (More info). Paynetics in exercise of its passport rights may issue electronic money and BillButler as its Agent may distribute or redeem electronic money in the UK. Paynetics is a “EEA authorised electronic money institution” with the meaning of the Electronic Money Regulations 2011.
2.4 How to contact us. You can contact us by emailing our support team at firstname.lastname@example.org.
2.5 How we may contact you. If we have to contact you we will do so by writing to you at the email address you have provided us with as part of your registration details.
2.6 "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
3. Our contract with you:
3.1 How to open and Account and register.
(a) To open a Registration Account with BillButler you must provide us with the following “Registration Data“:
a) valid and functional email address; and
b) a password.
(b) To open a Wallet Account with BillButler you must provide in addition the following "Wallet Registration Data“:
a) 2 recent proofs of address;
b) 1 valid proof of photo ID; and
c) any additional information that UK regulations may prescribe to be necessary to satisfy “know your customer” information required by UK legislation.
(c) The Registration Account and the Wallet Account are hereby collectively referred to as the “Account”.
(d) The Registration Data and the Wallet Registration Data are hereby collectively referred to as the “Registration Data”.
(e) To open a Wallet Account with BillButler you must provide in addition the following "Wallet Registration Data“:
a) the authentication methods used to verify your identity and used by you and us to sign electronic documents; and
b) the scope of Services in relation to security reasons.
(f) The Registration Data and any other information provided by you to us must be true to the best of your knowledge, information and belief as we will we rely upon this.
(g) Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and BillButler Wallet, (“Transactions”) whether initiated by you or any third party.
3.2 How we will accept your registration.You will not be considered “Eligible” to use our Services unless you:
(a) reside in the UK;
(b) are at least 18 years old and have legal capacity to enter into a legally binding contract;
(c) have access to a networked device which supports the Services;
(d) pass all of our required identity and security validation and verification checks; and
(e) have provided us with a valid and functional email address and password. Our acceptance of your registration will take place when we email you to confirm it has taken place, at which point a contract will come into existence between you and us (the “Contract”).
3.3 We cannot accept your registration if you are not Eligible. If you are not Eligible please immediately abandon any and all attempts to register with us.
3.4 Termination on grounds of Eligibility. We reserve the right to immediately terminate your Account and our Contract with you if we have reason to believe that you or your Account or your BillButler Wallet is found not to be Eligible. We rely completely on your representation that you are Eligible.
3.5 Account access requirements
(a) In order for us to provide the Services, we require, and you will provide, access to your information and the accounts which you hold with the third party providers of the various services, utilities and facilities which the Services are aimed at helping you organise (“Suppliers”).
(b) It is for you to determine whether your contracts with Suppliers allow you to give us access in this way. We are in no way at fault if they do not and you are responsible for the consequences if access is restricted or prohibited.
(c) You will, on request from us, provide us with whatever information as we may reasonably require in order to gain the access to your information and accounts that we require to provide the Services.
(d) The information you provide to us must be correct and complete. You shall bear full responsibility (including reimbursing any costs that we incur) for the consequences of you knowingly providing false, misleading or incomplete information.
(e) The contract does not limit the period for which we may retain information provided by you or obtained from the Suppliers.
3.6 Your Account. You will have your own Account once you have completed the registration process with us. Please e-mail us using the e-mail address registered with BillButler whenever you contact us about your Account. By virtue of opening an Account you shall explicitly agree that your personal data shall be processed by BillButler and/or Paynetics for the purpose of checking your identity, the existence of all prerequisites for the granting of access to and execution of the Services and the existence of all prerequisites for the opening of the your Account. By opening an Account you acknowledge the following:
(a) We are not a bank and your Account is not a bank account;
(b) Your Account is not issued by any government agency;
(c) We do not act as a trustee, fiduciary or escrow holder in respect to your Wallet Account balance; and
(d) We do not pay you interest on your Wallet Account balance.
3.7 Other important information. Please note the following important conditions for operation of your Account:
(a) you are responsible for your Account, any username, PIN number and Account passwords. Do not share your Account security with anyone. In the event of theft or fraud or any other unauthorised use of your Account you must immediately notify us and we will take reasonable steps to stop any such unauthorised use which may include suspension of the Services. You can also block your Account by following the instructions on our website;
(b) you are required to change your password regularly and to use up to date virus, malware and spyware scanning software and firewall protection on your devices to reduce the risk of a security breach;
(c) you may not authorise another person to use your Account. The use of your Account is personal to you and you shall not make it available to anyone else nor try to sell or transfer to anyone else the ability to use it. Regardless, if you allow access to your Account to another person(s), you shall be responsible for any actions undertaken with your Account by such persons;
(d) you can only open more than one Account with our prior consent and we can require you to close Accounts if we believe you have opened more than one Account without our consent;
(e) you must promptly update your Account details on our website if your name, address, email address, telephone number or bank account or card information changes. We shall not be liable for any loss arising out of your failure to do so;
(f) in the event that you are unable to access your Account for any reason other than forgetting your password please immediately let us know at email@example.com and make a request to block your Account. We cannot be held responsible for any unauthorised Transactions made through your Wallet Account without having received your request to block the Account;
(g) We may, refuse or cancel Transaction instructions or Transactions if:
a) we are unable to verify your identity;
b) we are unable to verify the identity of the recipient;
c) you do not comply with reasonable information requests from us.
d) you do not have sufficient funds in your Wallet Account.
e) If we have reason to believe that the security of your Account has been compromised in any way or that you and/or any other third party is trying to initiate or has already initiated illegal transaction/s through your Account; and
f) we reasonably believe you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
(h) You agree that in connection with your registration and use of the Services that you will not use any device, software or routine to interfere or attempt to interfere with the proper workings of the Services or any Transaction conducted using the Services;
(i) You will treat BillButler and your Account with the same level of security and care as you would your normal personal bank account and / or credit, debit or another payment card;
(j) You agree to use your Account in accordance with these Terms and Conditions and any other reasonable written instructions we may give you regarding the use of the Services;
(k) You are prohibited from using the Services:
a) contrary to applicable laws or regulations in the UK including without limitation those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
b) by sending unsolicited email or similar methods of mass messaging;
c) in connection with a Transaction which is not permitted by these Terms and Conditions; or
d) for commercial or business purposes..
4. Our services
4.1 BillButler Wallet. “BillButler Wallet” is an e-money wallet issued by Paynetics and maintained by the assistance of BillButler.
4.2 BillButler Wallet enables you to pay for utility services or to use certain payments services such as Wallet-to-Supplier Transfers, Wallet-to-Wallet Transfers and Wallet-to-Bank Transfers and other non-payment services such as to check the information for utility bills, comparison of utility service providers and so on as set out in this clause 4 and any other services that we provide under or in connection with the Contract. You will be able to view statements regarding your Transactions and Transaction history. We will not provide you with paper statements.
4.3 Wallet-to-Bank Transfer. This is a service whereby you can transfer funds from your Wallet Account to a designated current bank account, debit/credit card or other payment account where that account is authorised as an account in your BillButler Wallet.
4.4 Wallet-to-Supplier transfer: This is a service whereby you can transfer funds from your Wallet Account to a Supplier (being a merchant, utility provider or biller) that is registered in this capacity in BillButler Wallet, in accordance with these Terms and Conditions.
4.5 Wallet-to-Wallet Transfer. This is a service whereby you can transfer funds from your Wallet Account to another BillButler Wallet Account, in accordance with these Terms and Conditions. To make a transfer to another BillButler Wallet Account the user must have an active Wallet Account and a fully functional Registration Account with us.
4.6 Transactions. A “Transaction” is a specific instruction from you to send money through the Services. A Transaction may be an instruction from you requesting us to send money to a “Payee” through the Services or to make a Wallet-to-Bank Transfer or a Wallet-to-Supplier transfer or other Wallet-to-Wallet Transfer. Once a Transaction that has been initiated by you and has been authorised it cannot then be cancelled or withdrawn. After you authorise your Transaction, the funds of your Wallet Account available for spending will be reduced by the amount of the Transaction plus any applicable fees or any other lawful offsets if any. An execution of a payment Transaction can be refused, as per these Terms and Conditions. The executed Transactions are final and are irreversible.
4.7 BillButler Wallet features. The features of the BillButler Wallet are as follows:
(a) the currency is British pounds sterling.
(b) re-loading funds – you can top up your Wallet Account as and when required using the payment details included in your Account.
(c) Wallet-to-Supplier Transfers.
(d) Wallet-to-Wallet Transfers.
(e) Wallet-to-Bank Transfers.
(f) transferability – you can transfer money between your Wallet Account to a third party with an active BillButler Wallet account.
(g) inactivity – if you do not use your Account for a period of 6 months following the date of your registration with us then we will contact you using the email connected with your Account to obtain confirmation that you do want to use the Services. If we do not receive a response from you we will decide whether to terminate your Account at our sole discretion. If we do decide to terminate your Account it will be closed and any balance on your Wallet Account will be returned to you using the account details provided in your Account. We will charge you a £5 administration fee to return such funds to you.
4.8 Refunding Transactions Provided that you notified us of any unauthorised/incorrectly executed Transaction without delay as set out in these Terms and Conditions and at the very latest within 13 months of the debit date of your Wallet Account you may be entitled to a refund of that Transaction. If we executed the Transaction in accordance with information that you had provided to us, we shall not be liable for non-execution or defective execution if it transpires that the information you had provided to us was incorrect. However, we shall make reasonable efforts to recover the funds involved in that Transaction and we may charge you for our costs of doing so. If we were responsible for an incorrectly executed Transaction which you immediately notified us, we will refund the amount involved and restore the balance on your Wallet Account to the level at which it would have been if that particular Transaction had not occurred. If the unauthorised Transaction arose from you acting fraudulently or where, with intent or gross negligence, you failed to use your Account in accordance with these Terms and Conditions (including the obligations to keep safe the user identifiers, passwords or any other security information), we will not make any refund and you will be liable for the full amount of all losses incurred. Where any refund is due to you, we shall make it immediately or, if that is not possible, as soon as practicable following receipt of your claim or of any further information we may request in order to investigate your right to a refund. However, if following investigation, we have reasonable grounds to believe that a refund was not in fact due to you for any reason, or that we have made too large a refund, we may reverse that previous refund and you may be liable for any loss we suffer from your use of your Account.
5. Our rights to make changes
5.1 Minor changes to the Services. We may change the Services and these Terms and Conditions:
(a) to reflect changes in relevant laws and regulatory requirements for e-money and payment transactions; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. If these changes affect your use of the Services we will let you know as far as we can in advance of such changes what the impact will be.
5.2 More significant changes to the products and these terms. We reserve the right to change these Terms and Conditions whenever we find it necessary and we will notify you of any changes by sending an e-mail to the primary e-mail address registered to your Account. You will be provided at least two (2) months notice before the amended Terms and Conditions come into effect, however any change that makes the Terms and Conditions more favourable to you or that have no effect on your rights shall come into effect immediately if so stated in the change notice. Unless you notify us of your refusal to accept the amended Terms and Conditions before the date in which the amendments enter into force you will be deemed to have accepted any changes made. You have the right to terminate and close your Account immediately before the proposed date of their entry comes into force, should you disagree with the amendments. A notice from you that you do not agree to the changes will constitute notice that you wish to terminate your Contract with us and your Account will be immediately closed and any funds in your Wallet Account will be returned to you using such methods as notified by you and will be subject to the normal applicable Fees.
5.3 Limits on data. We do not offer an unlimited facility for storing the information provided by you or your Suppliers, both in terms of amount and storage period; we may impose limits from time to time on either or both but will keep you updated on any such limits.
6. Providing the Services
6.1 Service Fees. The Service Fees are as set out in these Terms and Conditions and include:
(a) for adding money to your BillButler Wallet using a debit / credit card – no fee;
(b) for adding money to your BillButler Wallet by way of a bank transfer – no fee;
(c) for each Wallet-to-Supplier transfer – no fee;
(d) for each Wallet-to-Wallet transfer - no fee;
(e) for each Wallet-to-Bank transfer - no fee;
(f) for each utility bill payment – no fee;
(g) for payment of the balance held in your Wallet Account to you upon termination of our Contract for any reason other than the expiration of the term of the contract – the administration fee of £5 to cover the cost of the bank transfer.
6.2 Service limits. The following limits apply to the use of the Wallet Account:
(a) Wallet loading and use – a minimum top-up of £10 at any one time and a maximum of £1,000 per day;
(b) Wallet-to-Supplier transfer – a maximum of £2,000 per Wallet Account per Supplier, per month;
(c) Wallet-to-Wallet transfer – a maximum of £2,500 per Transaction and £5,000 per month in total. The total daily cumulative number of Transactions permitted is 8. The total monthly cumulative number of Transactions permitted is 25;
(d) Wallet-to-Bank transfer – a maximum of £5,000 per Transaction and £10,000 per month in total. The total daily cumulative number of Transactions permitted is 1 and the total monthly cumulative number of Transactions permitted is 4;
(e) per Transaction limits – every Transaction is capped at the amount of the outstanding balance on your Wallet Account at the time of providing the instruction for the Transaction; or any other limit which BillButler prescribed from time to time by notice to you in order to mitigate the risk of fraud or other illegal activity.
6.3 BillButler Wallet use. The services are available on:
(a) Android App
(b) iOS App
(c) Mobile web
(d) Desktop browsers
6.4 Conditions – Wallet-to-Wallet transfer. Please note the following conditions of use of the Services:
(a) you are responsible for the accuracy of your instructions on your Wallet Account and we will not be liable if you make a mistake when entering a recipient’s details or the payment amount. Any Transaction will be deemed to have been correctly executed where it has been executed in accordance with your instructions;
(b) for sending or receiving of funds on the Wallet Account, which is only available to BillButler Wallet account holders:
a) the sender MUST have available funds to be able to initiate a transfer to a recipient BillButler Wallet Account; and
b) a receiver MUST register a Wallet Account with us and have an active Wallet Account to receive transfer of funds from another BillButler Wallet Account holder.
(c) The validity of the transfer:
a) transferred funds are auto credited into the receivers Wallet Account as it would be a normal bank account.
b) When requesting a transfer using your Wallet Account:
c) the user MUST have a valid Wallet Account to be eligible to accept a request for a Wallet-to-Wallet transfer from an existing Wallet Account holder;
d) the sender MUST have available funds in the Wallet Account to process a request;
(d) You agree that you will only transfer funds from your Wallet Account to persons who are eligible transferees being persons who have a Wallet Account.
6.5 Breach – Wallet-to-Wallet transfer. If we have reason to believe that funds have been transferred to persons who are not Eligible transferees we reserve the right to terminate our contract with you and your Account and the Account of the person to whom you transferred funds (if any) with immediate effect.
6.6 BillButler Wallet use – Wallet-to-Supplier transfer. Please note the following conditions:
(a) When we receive a Transaction instruction from you to pay a Supplier, you authorise us to commit your payment to that Supplier;
(b) You are responsible for the instructions you give to us and as a result we may not be able to detect errors in your Transaction. It is important that you ensure that all the details entered in respect of any Transaction are accurate; Any Transaction will be deemed to have been correctly executed where it has been executed in accordance with your Transaction instructions;
6.7 If You choose to pay Suppliers for goods and services using the Services, you acknowledge that we have no control over, and are not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Services is entirely at your own risk. In the event that you are not satisfied with the services provided to you by a Supplier for any reason, we recommend that you report the matter to the Supplier in question. Please note that we are not responsible for the goods or services provided by Suppliers and cannot be involved in any disputes between a Supplier and you regarding the same.
6.8 BillButler Wallet use – Wallet-to-Supplier transfer, (“Automatic Payments”). Please note the following conditions:
(a) some Suppliers may offer goods or services which can be paid for using subscription billing. Subscription billing is a payment arrangement made between you and a relevant Supplier for goods or services on a regular basis when you register for such billing. This means that money will be deducted from your Wallet Account at regular intervals. The amount of the money and the intervals at which the money will be deducted is determined by you during the setup of the relevant payee subscription billing.
(b) if you wish to amend or cancel a subscription billing payment you may do so through your Wallet Account. We are not liable for any subscription billing payment that is deducted from your Account before you have amended or cancelled it in your Wallet Account. We are also not liable for any fees, charges or fines you may incur from your Supplier as a result of their being insufficient funds in your Wallet Account to meet your obligations under a subscription billing arrangement.
(c) a payment made by way of a subscription billing incurs the normal Services Fees as set out in these Terms and ConditionsConditions.
6.9 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.11 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements.
6.12 We may refuse to execute a Transaction. We reserve the right to refuse to execute a Transaction if the terms of these Terms and ConditionsConditions are not complied with, for example:
(a) we have a good reason to suspect fraudulent activity and/or we believe that a Transaction is potentially suspicious or illegal;
(b) you do not give us proper instructions for a Transaction;
(c) you give us incomplete instructions for a Transaction;
(d) you do not have sufficient funds in your Wallet Account;
(e) we reasonably believe that you have breached these Terms and Conditions;
(f) in order for us to comply with the rules of card organisations, UK financial or English law or
(g) for a reason set out at clause 3.7(g).
(h) due to errors, failures (whether mechanical or otherwise) or refusals by Suppliers, payment processors, card networks or payment schemes processing Transactions.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the Contract will depend on the Services you have used, whether there is anything wrong with them, how we are performing and when you decide to end the Contract:
(a) If the Services are faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the Services, see clause 7.3. You will get a refund of any topped up funds, but this may be subject to deductions and you will have to pay the costs of any Services used up to that time;
7.2 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons.
(е) you have a legal right to end the Contract because of something we have done wrong. We will review each claim and come to a resolution that is in the best interest for both parties. It will be our objective to act fairly in all cases.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought online you have a legal right to change your mind within 14 days after entering into the Contract with us.
7.4 When you don't have the right to change your mind. You do not have a right to reverse a Transaction once it has been made in accordance to your instructions given under your Wallet Account.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Services. You can delete your Account at any time during the 14-days period mentioned in the clause 7.6 however any Automatic Payments that you have set up using BillButler Wallet will stop.
7.6 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the Contract. If you want to end the Contract in these circumstances, just contact us to let us know. The Contract will not end until 14 days after the day on which you contact us. For example, if you tell us you want to end the Contract on 4 February we will continue to supply the Services until 17th February. We will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the £5 administration charge for costs we will incur as a result of your ending the Contract and reasonable compensation for the net costs we will incur as a result of your ending the Contract.
8. How to end the Contract with us (including if you have changed your mind)
8.1 Tell us you want to end the Contract. To end the Contract with us, please let us know as follows:
(a) Email. Email us at firstname.lastname@example.org. Please provide your Account details, username and name. You must email us using the email address you used to create your Account.
8.2 How we will refund you. We will refund you the balance of your Wallet Account less the £5 administration fee.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund the £5 administration fee.
8.4 When your refund will be made. If you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind. We will try to do this as soon as possible.
9. Our rights to end the Contract
9.1 We may end the Contract if you break it. We may end the Contract for the Services at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(b) we become aware or reasonably believe that you are likely to become insolvent or are declared bankrupt;
(c) you are in breach of any provision of these Terms and Conditions;
(d) you use the Services in a way that is disruptive to our other customers or you do anything which in our reasonable opinion is likely to damage our reputation;
(e) you breach or attempt to breach the security of our website (including but not limited to, modifying or attempting to modify any information, unauthorised log-ins, unauthorised data access or deletion, interfering with the service, system, host or network, reverse engineering of any kind, spamming, hacking, falsifying data, introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines, or testing security in any way;
(f) you are, in our reasonable opinion, using the Services in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.
9.2 You must compensate us if you break the Contract If we end the Contract in the situations set out in clause 9.1 we will deduct our fees and costs which will be calculated on a reasonable basis.
9.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing any of the services. We will let you know at least 7 days in advance of our stopping the supply of the Services. If we tell you that we intend to stop the Services we will also tell you whether we are stopping them on a permanent basis, in which case the contact will also come to end in respect of the Services concerned when we stop supplying them.
9.4 Termination initiated by us. We may terminate the Contract with you:
(a) by providing you with a 1-month prior notice; or
(b) at any time upon request or order of any relevant governmental or regulatory authority;
9.5 Termination consequences. Once our Contract with you is terminated you may request and have the right to receive all unspent funds, available in your Wallet Accoun less any applicable fees or any other lawful offsets;
10. If there is a problem with the Services
10.1 How to tell us about problems. If you have any questions or complaints about the product, please email us at email@example.com.
11. Price and payment
11.1 Where to find the Services Fees. The fees for the Services are set out in clause 6.1.
11.2 When you must pay and how you must pay. Our fees will be deducted from your Wallet Account at the same time that the Transaction and/or another applicable circumstance takes place.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us. We are not responsible if the breach is a result of an act or omission of any third party or as a result of any delay by a third party to supply information. If you have suffered any loss or damage please contact us at firstname.lastname@example.org and we will conduct an internal investigation. If you are not happy with the outcome of the investigation you are entitled to contact the legal ombudsman. We are not responsible for any loss you may suffer as a result of you not monitoring your Account.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Services.
12.3 We are not liable for business and pure financial losses. We only supply the Services for consumer use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of savings, loss of your data, loss of business, business interruption, or loss of business opportunity.
12.4 We are not liable for third party Suppliers. The Services may involve us making you aware of alternative Suppliers. You should note that we have no responsibility for the services that these Suppliers offer or supply or indeed your relationship with them generally and that your rights and duties as regards these Suppliers is a matter for you and them alone.
12.5 We are not liable for recommendations. You should note that in making you aware of alternative Suppliers or giving you information about them, or their services, we are simply relaying to you information that we have received ourselves. We are not liable for any of the information supplied being correct. This includes the amount that is payable to the Supplier and the amount of time there is to make such a payment. We are currently using the services of a third party, Energylinx, to enable us to do this. You must do your own checks and research on Suppliers or services which you become aware of through our Services. It is for you to decide whether to make any change in your current Suppliers the services you get from them, as to the suitability of a new Supplier and/or savings that you will make by switching services or Suppliers. As such, we have no liability for decisions that you make based on information you receive through the Services.
12.6 We are not liable for any loss or/and damage arising from:
(a) any unauthorised Transaction where you acted fraudulently or where, with intent or gross negligence, you failed to use your Account in accordance with these Terms and Conditions (including the obligations to keep safe your Account, user identifiers, passwords and any other security information);
(b) any Transaction which we executed in accordance with information that you provided to us where it transpires that the information you provided to us was incorrect (although we shall make reasonable efforts to recover the funds involved in that Transaction);
(c) any abnormal or unforeseeable circumstances outside of our control, where we could not have avoided those consequences even though we made all efforts to do so;
(d) any merchant refusing to accept your payments;
(e) any failure of your equipment, software or services which are required for successful technical execution of a Transaction and over which we have no control; or
(f) our compliance with applicable legal or regulatory requirements
13 How we may use your personal information
(a) to supply the Services to you;
(b) to process your payment for the Services;
14 Other important terms
14.1 "Expiry" of your Account and termination of this Contract will occur under the following circumstances:
(a) expiry of a period of 1 (one) year from the date on which you successfully registered for an Account - the term of this Contract. In the event that neither party sends a notice in writing before the expiration of the one year period that it does not wish this Contract to be renewed, the Contract will be considered extended for a further period of 1 (one) year; or
(b) expiry of a period of 180 (one hundred and eighty) days between the date of successful registration of your Account and the first use of Services – according to the conditions set out at clause 4.7 (g); or
(c) expiry of a period of 180 (one hundred and eighty) days from the date on which the last use of Services occurred. We will inform you via your registered e-mail or registered phone number 30 (thirty) days prior to expiry of your Account.
14.2 Please note that on the date of expiry, your Account will be terminated.
15 You have a general right to redeem funds held in your Wallet Account at any time in whole or in part, subject to the limitations in clauses 15.2- 15.6 below.
15.1 For the purposes of redemption we are a payer and not a payment service provider.
15.2 We reserve the right to carry out any necessary money laundering, terrorist financing, fraud or any other illegal activity checks before authorising any redemption or transfer of funds to you including returning any funds after the termination of the Contract.
15.3 If your redemption request exceeds the applicable limits as specified in this Contract, we may decline your request and require you to send us verification documentation attesting your identity and address, or to otherwise cooperate with us to verify your identity, prior to allowing a redemption or transfer of redemption funds to you.
15.4 Where the redemption is received by you through the involvement of a payment service provider (e.g. the bank where you hold the beneficiary bank account), we shall not be responsible for the redemption of a payment once the funds are received by your payment service provider.
15.5 It is deemed that you are the named account holder of the account in which you will instruct us to transfer the funds in the case of a redemption request by your end. Any violation of this requirement is taken very seriously and shall be treated as a fraudulent act without prejudice to claiming further damages. We reserve the right to charge you for any fee we incur as a result of any of your own wrongdoing in respect of the management of your Account. You have to accept that all redemption requests have to be in the currency of GBP and via a bank transfer to a designated account. In the instance where the redemptions are made to an account which is another currency except GBP you shall be liable for any currency exchange fees. In addition, in the instance where costs and fees have been incurred by any third party acting on behalf of yourself, we shall not be liable, for receiving funds into your bank account.
15.6 If, following any redemption, Transactions are found to have been made or charges or fees incurred using your Account exceed your available funds, we will notify you of such account discrepancies, and you undertake to pay us on demand for any outstanding amounts owed to us.
16. We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
17. You need our written consent to transfer your rights to someone else. You shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these these Terms and Conditions. You may only transfer or licence your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
18. Use of Sub-contractors. We may on occasions use the services of third parties to enable us to provide elements of the Services. We are not obliged to inform you when we do this.
19. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the contract of any other person in order to end the Contract or make any changes to these Terms and Conditions.
20. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21. You are solely responsible for making any payments using your Wallet Account. We are not liable to you or any third party if you forget to make a payment that is due. We will not chase you or remind you to make a payment.
22. Which laws apply to this contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
1. Information about BillButler. For the purposes of the Data Protection Act 1998 (the “Act”), the domain name www.mybillbutler.uk (“Site”) is a website operated by Billie UK Limited, registered in England and Wales under company number 10897362 with its registered office at Northside House, 69 Tweedy Road, Bromley, Kent, England, BR1 3WA. Billie UK Limited is an agent for Paynetics within the UK. Paynetics own all user information in relation to the Site and Billie UK Limited (“We” or “Our”).
Our nominated representative for the purpose of the Act is Gurvinder Bassi.
3. Information collected
3.1 We may process the following data about you:
(a) Information provided by you:
a) by filling in forms on the Site or by corresponding with us by phone, e-mail or otherwise; or
b) by registering to use the Site, subscribing to our service, providing online credentials for your utility service providers, reviewing utility bills and usage data, completing a price comparison for utility services on the Site, applying for payment services, participating in discussion boards or other social media functions on our Site, entering a competition, promotion or survey and when you report a problem with the Site.
(b) Information We Collect including but not limited to:
a) technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and versions, operating system and platform;
b) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
(c) Information Received from other Sources including but not limited to:
a) information about you if you use any of the other websites we operate or the other services we provide; and
b) information from third parties we work closely with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).
3.2 The information provided by you, the information we collect and the information we receive from third parties will be combined and used for the purposes set out in paragraph 5.1.
5. Use of Information
5.1 We will use this information to:
(a) administer your account(s) with us;
(b) Download utility bills and other usage data from your utility service providers website;
(c) send you information about our products and services;
(d) notify you about changes to our service;
(e) verify your identity;
(f) link your debit / credit card or bank account with your active e-wallet if you apply;
(g) carry out marketing analysis and make general improvements to the Site;
(h) obtain your views or comments on the services we provide;
(i) contact the winners of our competitions and to help us plan other promotional activity;
(j) send you information we think you might find useful or which you have requested from us, including information about our products and services or those of carefully selected third parties.
5.2 You can ask us not to contact you with information regarding our products and services either at the point such information is collected on the Site (by checking or unchecking the relevant box as directed) or, if you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting us using the contact details in paragraph 12 of this Policy.
6. Disclosure of your information
6.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
6.2 We may share your information with selected third parties including:
(a) Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
(b) Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we collect to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
(c) Analytics and search engine providers that assist us in the improvement and optimisation of our Site.
6.3 We may disclose your personal information to third parties:
(a) if we sell any business or assets, in which case we may disclose your personal data to the prospective buyer of such business or assets;
(b) if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
(c) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or our terms and conditions (terms) and other agreements; or to protect the rights, property, or safety of BillButler, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7. Data Storage
7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). By way of example, this may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA. Data may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
8. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where you have chosen (or we have given you) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
8.1 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
9. Your Rights
9.1 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at email@example.com.
10. Linking with third parties
10.1 The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
10.2 In addition, if you linked to this Site from a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
11 Access to Information
Users may request a copy of any personal data held by us about them upon written application. Please note we reserve the right to charge the current statutory fee for providing such information. If you believe that any personal information we hold about you is incorrect or incomplete, please contact us immediately.
12 Changes to this Policy
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Policy.
Questions, comments and requests regarding this Policy are welcomed and should be addressed to firstname.lastname@example.org.