Terms and Conditions
installing or using the Flypay application (the "Application") or
accessing or using any Flyt website (“Website”), you are indicating your agreement to these terms
and conditions ("Terms"), which are legally binding and govern your
use of the Application and the Website. If you do not agree to these Terms or
are unable to comply with them, you should not install, access or use the
Application or the Website.
Terms also apply to any updates to the Application or the Website, unless the
updates come with separate terms, in which case those terms apply.
be 13 or over in order to use the Application and the Website.
Terms are only available in the English language. You should print a copy of
these Terms for your future reference.
terms are version 1.2 were last updated on 23 May 2018 .
1. Who are we?
Flyt Limited of Elm Yard, 13-16 Elm
Street, London WC1X 0BJ, is a company registered in England and Wales with
company number 08419148.
contact us using the contact details set out at paragraph 2d below. Summary of
2. Summary of Terms
a. Flyt services and use
of your data
Application and the Website aim to facilitate a series of customer experiences
within the hospitality industry, including online ordering of takeaway food and
the payment of your bill and the ordering of food and drinks in participating
restaurants, pubs, bars and other hospitality venues. In order for you to
register with Flypay, we collect your phone number, and your email address and confirmation
that you are 13 or over. For security purposes, you must also set a four digit passcode. In order to pay the venue, you must
input payment card details which are processed and stored by a third party payment provider, Adyen
or Verifone or other payment provider that we may
select. We will send you a push notification via the Application or provide a
payment confirmation page via the Website to indicate your payment has been
how we use your personal data.
b. Your rights and obligations
install and use a copy of the Application on your iPhone or Android mobile
device. You may not further copy, modify or reverse engineer the Application or
use it in any unlawful or unauthorised manner. You must not attempt to gain
unauthorised access to our or our service providers' equipment, systems or
networks nor take any action which may inhibit their operation.
must provide accurate and complete registration information when signing up to
the Application or Website, and must have authority to use the payment card
details which you provide.
not charge for use of the Application or the Website, but you are responsible
for making all arrangements and payment necessary for you to access our
services using the Application or Website.
c. Limitations on our liability
withdraw our services at any time. Whilst we use reasonable efforts to provide
effective services, we do not guarantee availability nor the accuracy or
appropriateness of information, including your bill.
d. Contacting us
contact us at: firstname.lastname@example.org
3. Full Terms
means the Flypay services and content which you may access through your
use of the Application or the Website, including a series of customer
experiences within the hospitality industry, such as the payment of your
bill and the ordering of food and drinks in participating restaurants,
pubs, bars and other hospitality venues and ordering takeaway food, using
- Flyt is
not responsible for the delivery or quality of the venue services or the
amount of the bill, and Flyt cannot process any
refunds. You should discuss any such issues directly with the venue.
b. Registration and eligibility
order to access the Services, you must register with us and create a
profile. This is done by providing the phone number of your mobile device,
and providing your email address and confirmation that you are 13 or over.
personal data we collect and how we use this data. You should keep your
Flypay passcode confidential. Any use of the Application, the Website or
the Services using your mobile device and/or passcode will be your
responsibility. Your passcode can be reset by you at any time from within
Services are not intended for users of under 13 years of age. We check
your date of birth during the registration process and if you are under
13, you are not permitted to have a profile or to receive the Services.
you lose or replace your mobile device, you can login to the Services on a
new mobile device or via the Website using your old phone number, and then
change your passcode and (if required) your phone number within the
Application or Website. Alternatively, please contact us at email@example.com
to disable your live profile.
- We have the right to disable your passcode and
profile at any time, if in our reasonable opinion you have failed to
comply with any of the provisions of these Terms.
c. Payment card details
order to pay a bill or order food (in the venue or to collect), or use bar
tabs, using the Application or the Website, you will need to input credit
or debit card details. You must have appropriate authority to use all card
details which you provide using the Services.
processing services are provided by a third party, Adyen,
Verifone or any other party we choose to partner
with. The Application or Website will transfer payment details directly
from Adyen, Verifone
or another PCI compliant verified third party to the venue's point of sale
system. By inputting payment card details, you are consenting to use of such
details by Adyen, Verifone
or other payment processing providers, the venue and us for the purpose of
paying your bill and processing your payment.
use of your payment card details by Adyen, Verifone or other third party
payment processing providers and the venue is not governed by these Terms
and will be governed by Adyen, Verifone or other third party payment processing
recommend that you access and review any such terms and policies prior to
providing your payment card details.
card details will be securely stored by Adyen, Verifone or other verified third
party payment processing providers for ease of use in future
transactions using the Application. However, your CSC/CVV number is not
stored and must be entered each time you use a card for authentication. Flyt does not have access to your card details nor
does it store your card details on its systems, although it holds a
payment processing ‘token’ which retains some of the card number digits
only. This enables you to identify the appropriate card in future
transactions and on your payment receipt. You may remove payment card
details from the Application or the Website at any time.
- You may
receive a push notification from Flypay to your device confirming that the
transaction (such as payment, bar tabs or order splitting) is being
bill payment, we shall email you a copy of your receipt confirming
completion of the transaction and asking if you wish to share your experience
of using the Application or Website via social media.
or order transactions are between you and the relevant venue. Whilst the
Services seek to facilitate the payment procedure, Flyt
does not receive your payment or your card details and is not responsible
for subsequent use of your card or payment details by or on behalf of the
d. Your use of the Application, Website and
grant you a non-exclusive, non-transferable licence (i.e. permission) to
install and use a copy of the Application on your iPhone or Android mobile
device in the United Kingdom for the purpose of accessing and using the
Services, in accordance with these Terms.
acknowledge that the Application, Website and the content of the Services
are protected by copyright, database rights, trade marks and other
intellectual property rights belonging to us and our licensors, as
applicable, and all rights not expressly granted to you are reserved to us
and our licensors.
may not use the Application, Website or the Services in any way
incompatible with their intended purpose nor in any unlawful or
unauthorised manner and, in particular, may not:
assign or transfer your rights or obligations under these Terms nor
permit use of the Application by any other person; nor
and use the Services using any interface other than that provided by the
use of the Application under these Terms is also subject to any terms,
rules or policies of any app store provider and/or operator (“App Store
Provider”) from whom you have downloaded the Application (“App Store
Terms”). You may download and install the Application only through
authorised App Store Providers. In the event of any conflict between these
Terms and any App Store Terms, the App Store Terms will prevail. You and
we acknowledge and agree that the relevant App Store Provider is a third party beneficiary under these Terms and will have
the right to enforce these Terms against you directly.
and our service providers are responsible for any maintenance and support
of the Application and you acknowledge that any App Store Provider from
whom you download the Application is not under any obligation to you to
carry out any maintenance and/or support for the Application itself. We
are under no obligation to carry out maintenance and/or support of the
Application or Website and do so entirely at our discretion.
use of the Application, Website and the Services is entirely at your own
any copy of the Application (other than the permitted copy on your mobile
device and a single back-up copy to the extent necessary to exercise your
rights under these Terms);
adapt, reverse engineer, decompile or disassemble, create derivative
works of, publish, distribute or commercially exploit the Application,
Website or any content or software element of the Services, unless you
are permitted to do so under applicable law which cannot be excluded by
any copyright or proprietary notices on the Application, Website or the
content of the Services;
distribute or disclose confidential, personal or sensitive information
within the content of the Application, Website or the Services without
the Application or Website in breach of applicable export control or
other laws relating to the export of technology and software; or
any unlawful or unauthorised use of our (or our service provider’s)
equipment, networks, systems or software (including attempting to gain
unauthorised access, introducing any computer virus or malware, or
inhibiting their operation).
e. Duration and termination
Terms will remain in effect as a legally binding agreement between us and
you during the time that you use the Application, Website and/or the
Services and/or have the Application installed on any device.
may request removal of your live profile at any time by sending an email
to us at firstname.lastname@example.org.
may withdraw the Services, remove your live profile and associated content
and/or terminate or suspend your access to the Services at any time at our
absolute discretion, including (without limitation) if you breach or we
reasonably suspect that you are in breach of these Terms, if we cease to
offer (or change the way in which we offer) the Application, Website or
the Services, or if we are prevented from providing the Application,
Website and/or Services for any reason. You will not be entitled to any compensation
for such withdrawal, removal, termination or suspension.
termination or suspension of your access to the Services for any reason,
we may retain your profile and other records relating to you for record
further details of the personal data that we collect, how we use this data
and how long we keep it for.
f. Extent of the Services
we use reasonable efforts to provide effective Services, we do not
guarantee availability of the Services at all times nor the accuracy or
appropriateness of information displayed. In particular, you should make
your own checks on the accuracy of your bill and the amount you are
you have consented to advertisements and other marketing information, inclusion
of information or advertisements relating to venues or other third party goods or services offerings does not
constitute any recommendation or endorsement by us of the relevant venue
or such goods and services.
- Access to the Application and Website may be
suspended temporarily and without notice:
- in the case of system failure;
- for maintenance or repair;
- where we reasonably suspect there has been a
breach of these Terms; or
- for reasons outside of our control.
g. Third party services
Services may contain links to websites and services provided by third
parties, and we are not responsible for the availability, accuracy or
content of third party websites.
- We do
not endorse the content or other material contained in any linked third party websites and services and have no
association with their operators. Your use of any third
party websites and services will be governed by their terms and
conditions and privacy policies. It is your responsibility to read and
ensure you have fully understood all such third party
terms and policies.
h. Content provided by you
agree that you:
we may not actively monitor any user content, you agree that we may, at
our discretion and without liability to you, remove from the Application
or Website any post or other content uploaded by you, including any
content which is in breach of these Terms.
content that you upload to the Application or Website and any feedback or
suggestions you provide to us regarding the Application or Website will be
considered non-confidential and non-proprietary, and we have the right
to third parties for any purpose without limit in time and without payment
the extent permitted by law, we do not accept any liability or
responsibility for any user content shared by any user or users of the
Application or Website with any other user or users of the Application or
should not rely on our Services for storage or maintenance of information
and, in particular, you should create your own records of bills and
receipts as needed. We may, at any time at our absolute discretion, review
and remove any content from the Services or request that you re-register
or set up a new profile for your continued use of the Application and
provided and will provide accurate and complete information in your
registration, profile and payment card details, and will update such
information as appropriate; and
not upload or transmit to our (or our service providers’) systems or
otherwise provide to us any unlawful content (including any content which
is defamatory, obscene or abusive, or in breach of or an infringement of
intellectual property or privacy rights, or any data protection or
Requirements for your mobile device
to the Services relies on you being able to receive data over the internet
via Wifi or mobile internet, using your mobile
device and the Application. Whilst we do not make charges for your use of
the Application or Website, you are responsible for making all
arrangements and payments necessary for you to access the Services using
the Application or Website, including internet and network connections, an
appropriate iPhone or Android mobile device, and any additional software
or hardware required. We are not responsible for the availability of the
internet or any communications network nor any errors in or damage to
connections, equipment or software that may occur in relation to your use
of the Application, Website or Services.
may only download and install the Application onto a device that you own,
or if you do not own the device, you must have the permission from the
owner(s) to do so. You accept responsibility under these Terms for the use
of the Application and Website, whether or not you own the device onto
which the Application is downloaded and installed, or the device from which
the Website is accessed. You also acknowledge that the owner(s) of the
device onto which the Application is installed may be charged by any
relevant mobile network operator and/or internet service provider in
relation to any data and/or mobile connectivity used by the Application.
j. Limitations of liability
provide the Application and Website on an “as is” and “as available”
basis. We make no guarantee that the Application or Website will be
uninterrupted, error free, or free from viruses or other harmful
we take reasonable precautions to prevent the existence of computer
viruses and/or other malicious programs, we accept no liability for them.
We also make no promises or guarantees, whether express or implied, that
the content in the Application or on the Website is accurate, complete or
in these Terms shall exclude or limit our liability for fraud, or for
death or personal injury caused by negligence or other liability which
cannot lawfully be excluded.
shall not be liable for any defects or errors in the Application, Website
or the Services, nor interruptions in or unavailability of the Services,
nor any breach of any obligations due to a cause beyond our reasonable
shall not be liable for:
acknowledge that the Application, Website and Services are provided free
of charge. Without prejudice to
other limitations on our liability as set out above, our total liability
to you arising in relation to your use of the Application, Website and the
Services in any 12 month period shall be limited to £500.
loss, damage or distress arising from reliance on information or reliance
on availability of the Services;
loss of business, customers or profits; or
indirect, consequential or economic loss, damage or distress (including
any such loss, damage or distress arising from unauthorised use of or
damage to your data or content), which you suffer in relation to these
Terms, or your use of the Application, Website or the Services.
for any reason, you are due a refund for a transaction made through the
Application, please be aware that it is not possible to process this
refund on site. You will need to follow the merchants Flypay refund
process. The refund will be processed offsite and is unlikely to be
processed on the same day that the transaction took place.
contact the merchant directly for their Flypay refund process.
may make changes to the Services, the Application, the Website or these
Terms at any time at our absolute discretion.
continued access or use of the Application or Website after a change to
these Terms signifies your acceptance of the updated or modified Terms. We
may email registered users about any material changes to the Terms and we
may notify you of a change to these Terms when you next start the
Application or visit the Website. The new terms may be displayed on-screen
via the Application or Website and you may be required to agree to them to
continue your use of the Application or Website. The date these Terms were
last updated appears at the top of these Terms.
reasonably requested by us from time to time (by means of a notice within
the Services, on our website, within the relevant application store or
otherwise), you agree to install and use an updated or upgraded version of
the Application in place of your current version, or to uninstall the
Application if we cease to offer it and the Services to the public. All
upgrades will fall within the definition of "Application" under
on the update or upgrade, you may not be able to use the Application until
you have downloaded and installed the latest version of the Application
and accepted any new terms. Some updates may not be available to certain
models of device. In order to use the Application, you may be required to
obtain certain updates and/or upgrades to your device. You are responsible
for any costs and/or fees associated with any such updates/upgrades. You
also understand and accept that:
device you use to access the Application or Website will require certain
software in order for the Application or Website to work correctly and it
is your responsibility to ensure that you have the required up-to-date
Application and Website have not been developed to meet your individual
requirements, and that it is therefore your responsibility to ensure that
the functionality of the Application or Website meets your requirements.
found at www.flyt.io/privacy
particular, please note that we may collate data relating to your visit to
a venue or takeaway order submitted to a venue from your use of the Application,
Website and Services, from the venue's records. This data, which does not
identify you, may be used for analysis and statistical purposes and we may
share anonymised statistics and results of analysis with venues and third
you have any concerns in relation to the way we are using your personal
data, please contact us at email@example.com.
provisions of these Terms which by their nature are intended to continue
shall survive termination, including terms relating to exclusions and
limitations of liability, intellectual property restrictions and on-going
use of your data.
of these Terms or the Services shall not affect accrued rights and
liabilities of you or us up to the date of termination.
provision of these Terms is intended to be enforceable by any person other
than you and us.
may sub-contract provision of the Application, Website and the Services or
sub-license our rights under these Terms to our third
party service providers.
may, without your consent, assign any or all of our rights and obligations
under these Terms to any successor in title of all or part of the
Application, Website or the Services, or intellectual property or other
rights subsisting in relation to the same.
or delay by us to exercise any right or remedy under these Terms does not
constitute a waiver of that right or remedy.
Terms constitute the entire agreement between you and us with respect to
the subject matter and supersede any and all prior agreements,
negotiations and discussions relating to the same.
any provision of these Terms is found by any court or legal authority to
be invalid, unenforceable or illegal, the other provisions shall remain in
force and, to the extent possible, the provision shall be modified to
ensure it is valid, enforceable and legal, whilst maintaining or giving
effect to its commercial intention.
Terms are governed by the laws of England and Wales, and the courts of
England and Wales shall have exclusive jurisdiction to hear any disputes
arising in connection with it.