Thank you for visiting our website, operated by Atoa Payments Limited (""we", "us", "our" and "Atoa"), a company registered in England and Wales with company number 13910811, having its registered office at Level 4, 2 Minster Court, London, EC3R 7BB.
These terms of use ("Terms of Use") together with our privacy and cookie policy ("Privacy Policy") manage your use of this Website and the Atoa mobile payment applications (together, the "Platform"). By using our Platform, you agree to comply with these Terms of Use in full. If we believe you have not followed these Terms of Use then we have the right to disable your account and prevent you from using our services.
Our Platform is directed to people residing in the United Kingdom. We cannot guarantee that content available on or through our Platform is appropriate for use or available in other locations.
In some areas different terms will apply depending on whether you are a Consumer or Merchant. Provisions specific to CONSUMERS only are in CLARET and those specific to MERCHANTS only are in ATOA RED. The rest of the terms apply equally to all users.
1. Are there any other terms I need to be aware of?
These Terms of Use refer to the following additional terms, which also apply to your use of our Platform:
- Our Privacy Policy, which sets out the terms on which we may process any personal data we collect from you or that you provide to us.
- Our Terms of Service (for consumers and merchants) that may apply when you access or use our services.
- Our Privacy Policy, that will also apply if you access or use our Atoa Pay (consumer) mobile application.
- Our Privacy Policy, that will also apply if you access or use our Atoa Business (merchant) mobile application.
2. How can I contact Atoa?
To contact us, please email hello@paywithatoa.co.uk or message us via Live Chat on our website (Mon-Fri 09:00 - 17:00 GMT).
3. What am I not allowed to use your Platform for?
Other than the content you own, Atoa and/or its licensors own all the intellectual property rights and materials contained in our Platform. This includes all images, text, music, videos and any other content you might see ("Content").
All our Content is protected by copyright and other proprietary rights, and we also own registered trademarks in the Atoa name and logo. All such rights are reserved.
No act of downloading or otherwise copying from our Platform will transfer title to any software or material on our Platform to you. We reserve all rights with respect to copyright and ownership of all material on our Platform.
You are granted a limited license only for purposes of viewing our Content.
You are specifically restricted from:
- publishing or publicly showing any Content in any other media (save for publishing links to our Platform in accordance with the section headed "Can I link to your Platform" below);
- selling, sub-licensing and/or otherwise commercializing any Content;
- using this Platform in any way that is or may be damaging to us or to the Platform;
- using our Platform in any way that impacts user access to our Platform;
- using our Platform contrary to applicable laws and regulations, or in any way that may cause harm to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our Platform; or
- using our Platform to engage in any advertising or marketing.
Certain areas of this Platform are restricted from being accessed by you and we may further restrict your access by you to any areas of this Platform, at any time for any reason.
4. How will you use my personal information?
We will only use your personal information as set out in our Privacy Policy.
To keep things running smoothly, we keep an eye on how people are using our Platform and take action when we need to. You agree that we can monitor your use of our Platform to make sure you're not breaking our Terms of Use.
5. What are my responsibilities for my account details?
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us.
6. Will the Platform always be available?
We do not guarantee that our Platform or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7. What happens if there is a bug or virus on the Platform?
We provide our Platform "as is," and we do not give any representations or warranties as to the status or content of the Platform.
We assume no responsibility for, and makes no warranties that, functions contained on this Platform will be uninterrupted or error-free, that defects will be corrected, or that this Platform or the server that makes it available will be free of viruses or other harmful components.
We shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your device. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
We do not guarantee that our Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act, 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
8. Can I link to your Platform?
You may link to the home page of our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it - for example, you must not suggest we support your website if that is not the case.
You must not establish a link to our Platform in any website that is not owned by you.
You must not frame our Platform on any other site, or create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
9. What happens if something goes wrong?
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 of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we don't follow these Terms, then we'll be responsible for the part of any foreseeable loss or damage that you suffered that was caused by us. In addition, even if we don't follow these Terms, we won't be responsible for any loss or damage that isn't foreseeable. When we say "foreseeable", we mean that:
- it was obvious that it would happen; or
- at the time we made this agreement, we and you both knew that it might happen.
If you are a Consumer user
You agree not to use our Platform for any commercial or business purposes. This means that, even if we don't follow these Terms, we're not responsible for any business interruption, or loss of business earnings or opportunities.
To be clear, we don't limit our responsibilities to you where it wouldn't be lawful. For example, we don't limit our responsibility to you when we've breached your consumer rights. We also don't limit our responsibility to you when we've caused death or personal injury due to our negligence.
If you are a Merchant user
We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
We will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
10. Is Atoa responsible for any linked websites?
Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as our approval of those linked websites or information you obtain from them. We have no control over the content of those sites or resources so you should check you are comfortable before clicking on the link.
11. What happens if there are changes to the Terms of Use or this Platform?
We may update and change our Platform and Terms of Use from time to time to reflect changes in our services, our users' needs and our business priorities. We can make changes at any time and do not need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.
If you carry on using our Platform after we make changes to the Terms of Use, it means you've agreed to them. The new version of the Terms of Use will replace the old version.
12. Can I or Atoa transfer these Terms of Use to anyone else?
Atoa is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification provided your rights are not materially affected.
You are not allowed to assign or transfer your rights under these Terms of Use to anyone else. This is because these Terms of Use are personal to you — and nobody else is entitled to benefit from them.
13. What law applies to these Terms of Use?
These terms will be governed by and interpreted in accordance with the laws of England, and you submit to the non-exclusive jurisdiction of England for the resolution of any disputes.