Terms & Conditions

BY USING THE payByMobile SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.

This User Agreement is an agreement between you (“you, “your”) and payByMobile Limited, (“we”, “us”, “our” or “payByMobile”) and applies to your use of our payment service, the www.payByMobile.net website, the 51525 access number and any related websites, products and services (collectively the “payByMobile” Service). This Agreement applies regardless of how you access the payByMobile Service. This Agreement explains our and your respective legal rights and obligations concerning all aspects of our relationship.

payByMobile is registered in England as payByMobile Limited. Registered Company number 5775144. Registered office Richmond Bridge House, 419 Richmond Road, Twickenham, TW1 2EX.

payByMobile Limited is certified as a Small Electronic Money Issuer by the Financial Services Authority and regulated as a Money Transmitter Business by HM Revenue and Customs no. 12615365. For further information please see www.fsa.gov.uk

Table of Contents

1. Definitions

2. The Service

3. Your payByMobile Account

4. Account Limits

5. Opening a payByMobile Account

6. Maintaining your payByMobile account

7. Making Payments

8. Withdrawal

9. Top-up

10. Security

11. Closing your account

12. Fees

13. Prohibited Transactions

14. Termination and Suspension

15. Suspension of service availability

16. Liability

17. Disclaimer

18. Changes to these Terms and Conditions

19. Governing Law

20. Complaints and Redress procedure

1. Definitions

payByMobile

An electronic money account (“wallet”) that allows consumers to make and receive remote payments using their mobile telephone.

Website

Shall mean the website available at http://www.payByMobile.net.

my.paybymobile

The consumer account management portal accessible online through our website or via voice call to 51525. Online access is password protected. Voice access can be PIN protected.

PIN

4 digit numeric PIN to secure voice access to my.paybymobile on 51525.

PASSWORD

Minimum 6 character password for secure access to my.paybymobile online.

51525

51525 is the short code to access payByMobile from your mobile phone. It accepts calls and SMS from UK mobile phones only.

Payment Codes

Codes assigned by merchants for payment of a product or service. You pay for purchases by texting the payment code to 51525.

Checkout Code

A nine character alpha-numeric payment code assigned when you choose the payByMobile option at the merchant store. The code is unique to your shopping basket.

Ad Code

An alpha numeric payment code published in merchant advertising materials. The code is unique to a product or service at a specified price from a particular merchant.

Sub code

A payment code that relates to a recurring payment to be debited from your payByMobile account.

Bill Code

A payment code relating to the payment of a household bill.

SMS Money Transfer

The transfer of funds between two payByMobile consumer accounts, initiated either by SMS or online.

Top-Up

Act of loading of funds to your account. You can top-up in-store on the high street, at the ATM or via internet banking.

Withdrawal

Redemption of funds from your account by bank transfer or cash back.

SMS

Short message service “Text Message”.

URL Link

A confirmation link sent by email to validate registration.

Merchant

A business, other than a consumer, that uses payByMobile for the purpose of settling business transactions.

AML

Anti Money Laundering refers to our obligations under the Money Laundering Regulations 2007. These Regulations implement, in part, Directive 2005/60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (the Third Directive).

Shipping Details

Relates to your delivery address for products and services ordered.

SOS Buddy

A nominated mobile phone number that can pull funds from your account, in the event you lose or misplace your mobile phone.

Wallet Lock

PIN/password protected security feature that enables you to lock/unlock your account to prohibit any unauthorised spend transactions.

Mobile Phone

Your mobile telephone, “mobile”.

2. The Service

payByMobile is an electronic money account “wallet” that allows users to make payments using their mobile phone. You manage your account from your mobile phone or online at our website.

3. Your payByMobile Account

Your payByMobile Account is an electronic money account which enables you to send and receive electronic payments. Your mobile phone number is your account number.

The electronic money on your account is issued under article 9C of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and the relevant national legislation of the United Kingdom.

Electronic money accounts are not bank accounts. By accepting these Terms and Conditions you acknowledge that the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your payByMobile account. In the unlikely event that payByMobile becomes insolvent, you may lose the electronic money held in your Account.However, payByMobile strictly adheres to the legal requirements under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and UK national legislation which are designed to ensure the safety and liquidity of funds deposited in electronic money accounts. The electronic money held on your payByMobile account will not earn any interest.

The electronic money on a payByMobile account belongs to the person or legal entity which is registered as the Account holder. No person other than the Account holder has any rights in relation to the funds held in a payByMobile Account, except in cases of succession. You may not assign or transfer your payByMobile Account to a third party or otherwise grant any third party a legal or equitable interest over it.

4. Account Limits

Your payByMobile account is subject to a maximum storage limit of £120. Your payByMobile account may be subject to top-up, payment and withdrawal limits, depending on the verification status of your Account. These limits are determined dynamically based on our obligations under the Money Laundering Regulations 2007.

If your payment, top-up or withdrawal request exceeds the current limit, we may decline your request and instead require you to submit documents verifying your identity and address prior to allowing a payment or withdrawal of funds or to otherwise cooperate with us to verify your identity.

To avoid these limits becoming an inconvenience to the operation of your account we recommend that you register your details online at my.paybymobile so that we can verify your identity.

5. Opening a payByMobile Account

You open an account and accept these Terms and Conditions by accessing the service. You must not send funds to a new user unless they have consented to receiving an SMS money transfer.

For the purpose of this section accessing the service means;

  • Sending a SMS to 51525

  • Calling 51525

  • Registering online at my.paybymobile

  • Receiving funds into your account

You may only open one payByMobile Account unless we explicitly approve the opening of additional accounts.

If you are an individual, you must be either (a) at least 18 years old or (b) at least 13 years old and have been authorised by your parent/guardian to use the payByMobile service. If you represent a business, you must register for a merchant account.

By accepting these Terms and Conditions you agree to a 12 month rolling contract that we will assume you are party to unless you opt out by closing your account.

6. Maintaining your payByMobile account

You must ensure that the information recorded on your payByMobile account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

We may contact you by e-mail or SMS to inform you of changes in our Terms and Conditions, to issue you with transaction receipts and to verify your identity under our AML obligations. We will not contact you by email or sms with marketing or other such promotion communication unless you have opted in to receive same.

It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your account and to retrieve and read messages relating to your account promptly. We shall not be liable for any loss arising out of your failure to do so.

Top-ups, payments received, payments sent, withdrawals and fees charged thereto are displayed in your account at my.paybymobile. You should check your account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.

You will also receive email receipts from each individual transaction if you have registered your email address. You can register your email address at my.paybymobile or by SMS.

You can check your account balance at any time by calling 51525 from your mobile phone. You may also register some account details by calling 51525.

7. Making Payments

NON-REPUDIATION –

If a payment code is sent by SMS from your mobile phone and your account has sufficient funds, we pay those funds instantly from your account to the beneficiary.

You cannot revoke a payment instruction so ordered.

It is your responsibility to protect your account from any unauthorised messages sent from your mobile phone. We provide PIN Protection and Wallet Lock security features to guard against such unauthorised access but are not responsible if you elect not to use these security features.

RESERVED PAYMENTS –

If you have insufficient funds when you text a payment code, we will reserve that transaction for a defined period as stated in the transaction materials.

If you subsequently top-up to add funds to your account within that time-frame, we automatically pay the pending transaction. You cannot revoke this. Please cancel any pending transactions that you no longer require before you add funds to your account, as otherwise these pending purchases will be automatically paid.

If you do not deposit funds within the specified reservation period, your order will be cancelled and you will not be charged.

If you have a number of reserved payments and you load an insufficient amount to complete all the payments, preference will be given to those payments which were reserved first. If a transaction that was reserved earlier cannot be completed because there are insufficient funds, but a transaction reserved later can be completed with the funds available, then the later transaction will be completed. As many transactions as can be will be completed with the funds deposited to the account.

CHECKOUT CODES –

If you text a checkout code you consent to pay the transaction amount associated with that code. You should only text a checkout code where you yourself have gone through the order process at the merchant store. When texting a checkout code you also consent to us capturing your shipping address from the merchant so that we can satisfy our AML obligations.

AD CODES -

By texting an ad code you agree to have payByMobile debit your account for the particular amount in question. When texting an ad code you also consent to us sharing your shipping details with the merchant so that the goods or services ordered can be delivered.

  • If the product or service ordered requires physical delivery, the shipping details registered with your payByMobile account are used. It is your responsibility to ensure you register and keep current the shipping details attached to your payByMobile account.

  • If the product or service is deliverable via email, the email address registered with your payByMobile account is used. It is your responsibility to ensure you register and keep current the email address attached to your payByMobile account.

SUB CODES -

By texting a sub code to 51525 you agree to have the initial amount debited from your account. To set up a subscription so as to authorise payment on a recurring basis, you must validate the URL link sent by email. Once validated we will send advance notifications of all repeat billing at least 5 days before these funds are deducted from your account.

You can cancel your subscription by clicking the relevant URL link in your notification email or at my.paybymobile. You will not be able to cancel transactions that have already been credited to the recipient.

BILL CODES -

You must sign up to pay your household bills via payByMobile and by signing up, you consent to receiving and paying these bills by SMS. A copy of each bill will also be stored online at a location advised to you at my.paybymobile.

SMS MONEY TRANSFER –

If you send a SMS to pay another mobile phone user and have sufficient funds in your account, we pay it instantly. You cannot revoke a payment instruction so ordered.

If you have insufficient funds we will not process this payment and you will be informed that you are required to top-up funds before you can make a SMS money transfer.

You must take great care to properly type the exact phone number to which you wish to send money to. We use mobile phone numbers as the unique identifier to determine the intended recipient of the payment which you instruct us to process. We shall not be liable for any error you make when entering the recipient’s mobile phone number

ONLINE SUBMISSION -

Any payment code that can be submitted by SMS can also be submitted for processing online at my.paybymobile. A payment instruction so submitted cannot be revoked. It is your responsibility to protect your password to prevent any unauthorised access.

8. Withdrawal

You can request a withdrawal of all or part of the funds held in your payByMobile account at any time. payByMobile does not guarantee the availability of any particular withdrawal method and may make available, make changes to or discontinue a particular withdrawal method at any time as long as there is at least one withdrawal method available to you.

Your account is subject to withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation we hold on you.

BANK TRANSFER –

You can withdraw funds via wire transfer to UK based bank accounts. Before selecting this option you must first register your bank details at my.paybymobile. You can request a bank transfer at my.paybymobile or by SMS.

You may only withdraw to a bank account if you are the named holder of that bank account. We take any violation of this requirement very seriously in accordance with our AML obligations. You must ensure that the bank details you register are correct and complete. payByMobile will not be liable for withdrawn funds being sent to the wrong bank account where this is due to you providing incorrect payment details.

CHEQUE –

You can withdraw funds by cheque. You must initiate such a transfer online. Before selecting this option you much first register your shipping address so that we can send your cheque by post. You must ensure that the shipping details you register are correct and complete. payByMobile will not be liable for withdrawn funds being sent to the wrong shipping address where this is due to you providing incorrect payment details.

CASH –

You can withdraw cash in supermarkets and other venues that support payByMobile cash-back. You authorise a cash withdrawal from your account for a specific amount by either -

  1. calling 51525 and requesting a cash-back barcode sent by SMS to your phone

  2. requesting a withdrawal slip in-store which you then validate by calling 51525

In both cases, the barcode is then presented for redemption in-store where the assistant scans the barcode to authorise payment of the specific cash withdrawal.

You are responsible for the safe-keeping of the barcode authorisation from time of authorisation to redemption. We are not responsible if you lose your mobile phone or withdrawal slip prior to completion of the withdrawal.

You can cancel a pending withdrawal at my.paybymobile at any time up to point of redemption.

If you do not withdraw funds within 24 hours of that withdrawal being authorised, we will cancel the redemption request and return the funds to your account.

Cash withdrawals can only be authorised via voice call to 51525.

To safeguard against any unauthorised withdrawals from your account, we strongly urge you -

  • Safeguard your mobile phone at all times

  • PIN protect voice access to 51525

  • Utilise our account lock/unlock feature

  • Register a SOS Buddy

9. Top-up

You top-up to add funds to your account. payByMobile does not guarantee the availability of any particular top-up method and may make available, make changes to or discontinue a particular top-up method at any time as long as there is at least one top-up method available to you.

Your account is subject to top-up limits. These limits are adjusted dynamically depending on the type of identification documentation we hold on you.

SHOP TOP-UP -

You can top-up your account by purchasing a top-up voucher in shops, supermarkets and other high street locations. The top-up voucher contains a 16 digit numeric code, and you must transmit that code via your mobile phone to 51525 to transfer those funds to your account, either by texting the code to 51525 or by calling 51525 and inputting the code when prompted.

You must use your own mobile telephone when claiming a voucher top-up code as the funds are automatically assigned to the payByMobile account as identified by the mobile phone number that submitted the code to 51525.

We hold no responsibility for the loss or theft of a top-up voucher before you have loaded the funds on to your account. We recommend you call or text 51525 immediately after purchase to minimise the opportunity to lose or misplace your voucher.

A top-up voucher not claimed within 3 months will expire and is non-refundable.

ATM TOP-UP -

You can top-up directly at participating ATMs. To top-up at the ATM you choose payByMobile on the mobile top-up menu and then enter the amount plus the mobile number of the account you wish to top-up.

You must enter the mobile phone number correctly as we use the mobile number as the unique identifier to determine the intended recipient of the top-up which you instruct us to process. We shall not be liable for any error you make when entering the mobile phone number.

ONLINE BANKING -

You can top-up online by accessing the online banking option at my.paybymobile. You enter an amount to top-up and your bank identifier and are then re-directed to your online bank to complete the transaction.

NON-REPUDIATION –

Funds once added to your account cannot be reversed or repudiated.

10. Security

Your funds cannot be spent unless someone has access to your mobile phone or online account.

WALLET LOCK -

You can lock your account to prevent any unauthorised access. You lock and unlock your account by calling 51525 or online at my.paybymobile. Online access is PASSWORD protected and call access is PIN protected.

SOS BUDDY -

You can also register a SOS Buddy to protect your funds in the event that your mobile phone is lost or stolen. You nominate your SOS buddy online at my.paybymobile or by calling 51525. You must confirm all SOS buddy nominations by validating the URL link sent by email.

When your SOS buddy sends a text message to pull funds off your account we immediately lock your account to guard against any unauthorised access. We then ask you to confirm the transfer by validating a URL link sent by email. The funds are transferred when you validate this URL link. Your account remains locked until you unlock it.

You can only nominate one SOS Buddy on your account. You can be nominated as an SOS buddy on any number of accounts.

NON-REPUDIATION

You acknowledge that payByMobile are entitled to act on any request submitted via your mobile phone without enquiry into the entitlement or the identity of the bearer.

PIN/PASSWORD SECURITY

You must keep your PIN and Password safe at all times and never disclose it to anyone. They are only ever required to to access your account at my.paybymobile.

We will never ask you to provide your PIN or password to us or to a third party. Any message you receive or website you visit that asks for your password should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. You should change your PIN and password regularly and you should never:

  • write down or otherwise store your PIN or password anywhere;

  • allow anyone to access your Account or watch you accessing your Account;

  • choose a PIN and password that is easily guessed from information someone might know or gather about you; or

  • choose a password that has a meaning.

If you have any indication or suspicion of your login details, password or other security features being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you should change your password and you must contact Customer Service immediately via the payByMobile Website. Any undue delay in notifying us may not only affect the security of your Account but may result in you being liable for any losses as a result. If you suspect that your Account was accessed by someone else you should also contact the police and report the incident.

We may at any time suspend or otherwise restrict the functionality of your account if we suspect that it has been accessed without your authorisation or we suspect that it has been otherwise compromised.

You must also take all reasonable care to ensure that your e-mail accounts are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your account. In case any of the e-mail addresses registered with your payByMobile accounts are compromised, you should immediately contact Customer Services via the website and also contact your e-mail service provider.

If you are using a public or shared computer to access your payByMobile account, you must ensure that your login details are not stored by the browser or cached or otherwise recorded. If you are using your own computer, you must ensure that only you have access to it. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.

You are solely responsible for the physical security of your mobile phone.

11. Closing your account

You may close your payByMobile account at any time by texting the command “CLOSE” to 51525.

If your account holds a balance at time of account closure, we will ask you to withdraw your funds within a reasonable period, during which your account will be accessible for the purpose of withdrawing the remaining balance only.

Your obligations with regards to keeping your Account safe as set forth in the security section shall continue to apply. If you do not withdraw funds within the set time period, we may (but will not be obliged to) send you a cheque to the address registered in your payByMobile Account profile and charge you the fee applicable to cheque withdrawals (including applicable foreign exchange fees). It is your responsibility to keep your address data up to date and we shall not be liable for any loss arising from your failure to do so.

Closing your Account does not extinguish the personal data we hold on you and we will continue to store such data, including transaction history, for a minimum period of 5 years as required by AML legislation.

12. Fees

Transaction fee table

Spend money

Free

Top-up/Load Funds

Free*

Withdraw Funds

Free

Receive Merchant Refunds

Free

Receive Merchant Payouts

Free

Send SMS Money Transfer

Free

Receive SMS Money Transfer

Free*

*a 3.50% + €3.50 fee is payable but this is waived in the event that you use these funds to pay for goods and services, i.e. the fee is only collected if you withdraw the funds from your account.

Transaction related fees can be viewed at any time in the Fee Section on our Website. Fees are subject to change in accordance with section 18. Under certain circumstances we may charge additional fees.

payByMobile accounts will be charged a monthly service fee of 2.50 EUR (or equivalent). The fee will be waived and thus the usage of the payByMobile service is FREE if the user has logged into the account or made a transaction in the last 12 months. Otherwise the service fee will be deducted monthly from the account balance.

13. Prohibited Transactions

It is strictly forbidden to send or receive payments as consideration for the sale or supply of:

  • Tobacco products

  • Prescription drugs

  • Drugs and drug paraphernalia

  • Firearms or ammunition

  • Weapons and knives

  • Satellite and cable TV descramblers

  • Government IDs and licences including replicas and novelty items

  • Unlicensed lotteries or gambling services

  • Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes

  • Goods or services that infringe the intellectual property rights of a third party.

payByMobile reserves the right to add, at its sole discretion, categories of prohibited transactions by adding such categories to these Terms of Conditions.

It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your payByMobile Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your payByMobile Account for or in connection with illegal gambling transactions.

It is strictly forbidden to use your payByMobile Account for any illegal purposes including but not limited to fraud and money laundering. payByMobile will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your payByMobile Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

It is your and not payByMobile’s responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through payByMobile is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

14. Termination and Suspension

We may terminate your payByMobile account or any payment service associated with it by giving you two months prior notice. You may terminate your Account with us at any time by giving us one months notice.

Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.

We may suspend your Account at any time if:

  • we reasonably believe that your Account has been compromised or for other security reasons; or

  • we reasonably suspect your Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

  • we are in the process of verifying your account in accordance with our AML obligations.

We may at any time suspend or terminate your payByMobile Account without notice in cases where

you breach any condition of these Terms and Conditions including where;

  • you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of payByMobile services; or

  • If we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.

15. Suspension of service availability

payByMobile give no warranty or representation that our payment system will be available at all times. Further, we reserve the right to suspend our system and provision of services to you when we consider it necessary for maintenance or upgrades to the system. We will use all our reasonable endeavours to minimize any periods during which the system is unavailable and where possible we will try and post notice of such suspension on our website.

16. Liability

In the case of an unauthorised payment that was incorrectly executed due to an error by payByMobile, we shall at your request immediately refund the payment amount. This shall not apply:

Section 16 para 2 shall not apply to transactions made after you have notified us in accordance with section 10 in which case payByMobile shall remain liable and refund any unauthorised transaction immediately to you.

In case of any incorrect or misdirected payment, payByMobile shall take reasonable measures to assist you with tracing and recovering such payments.

Subject to the foregoing, payByMobile shall not be liable for any disruption or impairment of its service or for disruptions or impairments of intermediary services on which payByMobile relies for the performance of its obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond its reasonable control or the control of the intermediary affected.

To the maximum extent permitted by applicable law, payByMobile excludes all liability to you under or in connection with these Terms and Conditions for any indirect or consequential losses or damages, being reasonably foreseeable losses or damages or losses or damage which payByMobile has been specifically advised of. payByMobile excludes all liability to you for any loss of profits, loss of revenues, loss of reputation or goodwill or loss of anticipated savings (whether occurring directly or indirectly). Unless otherwise specified in these Terms and Conditions, payByMobile’s aggregate liability to you arising out of or in connection with these Terms and Conditions, whether in contract, tort or otherwise, shall not exceed the greater of €1000 or the fees paid by you to payByMobile under these Terms and Conditions.

Nothing in these Terms and Conditions shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

payByMobile shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another payByMobile customer.

17. Disclaimer

To the extent permitted by law, the Service is provided on an “as is” and “as available” basis and all implied conditions and warranties in respect of the Service are excluded by payByMobile to the fullest extent permitted by law, including without limitation, any conditions and warranties implied by the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services act 1980. payByMobile also does not warrant that the Service will achieve any intended result or that the use by you of the Service will be uninterrupted or error free.

payByMobile makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. Any dispute with a Merchant regarding any product or service bought by you through the payByMobile Service is between you and the Merchant and you agree that payByMobile shall not be a party to such dispute.

payByMobile is not responsible for the availability or quality of the service that your mobile operator provides.

18. Changes to these Terms and Conditions

These Terms and Conditions and any additional terms are subject to change. Changes will be implemented with prior notice from payByMobile under the procedure set forth in this section.

We shall give notice to you of any proposed change by sending an e-mail to the primary e-mail address registered with your Account or alternatively if no email address has been registered, by posting the change notice to our website.

The proposed change shall come into effect two months after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect. Changes that make these Terms and Conditions more favourable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

If you object to the changes they will not apply to you, however, any such notice of objection shall constitute a notice to terminate and close your Account.

You have the right to receive a copy of these Terms and Conditions.

19. Governing Law

This agreement is governed by and construed in accordance with English law.

20. Complaints and Redress procedure

If you have any complaint in relation to payByMobile or any aspect of the Service, you should telephone or write to payByMobile Ltd, Richmond Bridge House, 419 Richmond Road, Twickenham, TW1 2EX, e-mail complaints@payByMobile.net.

If your complaint is not resolved to your satisfaction, you may contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom. For additional contact details you may also visit the website www.financialombudsman.org.uk.