Terms and conditions

Updated Date: 25 February 2025

Spoynt Limited

71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

Spoynt OÜ

Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia

1. Introduction

Welcome to the Spoynt website (hereinafter referred to as the “Website”), owned and operated by Spoynt Limited, a company incorporated under the laws of England and Wales, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (hereinafter “Spoynt Limited,” “we,” “us,” or “our”). The technical administration and support of the Website are provided by Spoynt OÜ, a company registered in Estonia with its registered office at Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia (hereinafter “Spoynt OÜ”).

These Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legally binding agreement between you (hereinafter referred to as the “User,” “you,” or “your”) and Spoynt Limited, governing your access to and use of the Websites (https://spoynt.com,https://spoynt.co.uk, https://spush.co.uk), including all content, features, functionalities, and payment services offered through it (collectively, the “Services”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease using the Website and Services.

Spoynt Limited provides payment processing and financial services through the Website, while Spoynt OÜ ensures its technical operability and support. These Terms delineate the responsibilities of both entities and ensure compliance with applicable UK and EU laws, including the UK Consumer Rights Act 2015, EU Consumer Rights Directive (2011/83/EU), UK General Data Protection Regulation (UK GDPR), EU General Data Protection Regulation (EU GDPR), and the Payment Services Regulations 2017 (PSR), alongside best market practices.

2. Roles and Responsibilities

 2.1. Spoynt Limited

Spoynt Limited is the primary entity responsible for delivering the Services offered via the Website. Its duties include:

– Providing payment processing solutions, such as electronic payments via credit/debit cards and bank transfers, as detailed in Section 5.

– Ensuring compliance with UK financial regulations, including the PSR 2017 and Financial Services and Markets Act 2000 (FSMA).

– Managing User accounts, processing Payment Transactions, and offering customer support for payment-related matters.

– Acting as the data controller for Personal Data processed in connection with the Services, pursuant to UK GDPR and EU GDPR.

 2.2. Spoynt OÜ

Spoynt OÜ serves as the technical provider for the Website, with responsibilities encompassing:

– Administering and maintaining the Website’s technical infrastructure, including hosting, updates, and cybersecurity measures.

– Providing technical support to ensure the Website’s functionality, accessibility, and performance for Users.

– Implementing technical data security protocols in compliance with Estonian and EU laws, acting as a data processor under EU GDPR where applicable.

– Collaborating with Spoynt Limited to facilitate technical enhancements or resolve operational disruptions.

Spoynt OÜ does not provide payment services or process financial transactions; its role is limited to technical administration and support.

 2.3. Legal Relationship

Spoynt OÜ operates as an independent contractor to Spoynt Limited under a separate contractual agreement. You acknowledge that Spoynt OÜ’s liability is restricted to its technical obligations, and all inquiries or disputes regarding payment services must be directed to Spoynt Limited. This distinction ensures transparency and clarity in the operational structure.

3. Definitions

For clarity and consistency, the following terms are defined:

“Account”: A registered user profile created on the Website to access specific Services.

“Content”: All text, graphics, logos, software, code, and other materials available on or through the Website.

“Personal Data”: Information relating to an identified or identifiable natural person, as defined by UK GDPR and EU GDPR.

“Payment Transaction”: Any transfer of funds facilitated through the Services.

“Services”: Payment processing, financial tools, and related functionalities provided by Spoynt Limited via the Website.

“Technical Provider”: Spoynt OÜ, responsible for the Website’s technical administration and support.

“Third-Party Services”: Products, services, or content provided by entities other than Spoynt Limited or Spoynt OÜ, integrated with or linked to the Website.

“Force Majeure Event”: Events beyond reasonable control, including but not limited to natural disasters, acts of war, terrorism, governmental actions, or widespread technological failures.

Additional terms may be defined within the context of specific sections as required.

4. Eligibility and User Obligations

 4.1. Eligibility Criteria

To access and use the Website and Services, you must:

– Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher.

– Possess the legal capacity to enter into a binding contract under applicable laws.

– Not be prohibited from using the Services under any laws or regulations in your jurisdiction.

 4.2. User Obligations

As a User, you agree to:

– Provide accurate, current, and complete information during Account registration or when otherwise requested by Spoynt Limited.

– Safeguard the confidentiality of your Account credentials (e.g., usernames, passwords, and multi-factor authentication tokens) and promptly notify Spoynt Limited at support@spoynt.co.uk of any unauthorized use.

– Use the Website and Services solely for lawful purposes, in strict accordance with these Terms and all applicable UK and EU laws, including financial regulations.

– Refrain from engaging in conduct that may disrupt, damage, or impair the Website, its functionality, or the experience of other Users, such as hacking, distributing malware, or engaging in fraudulent activities.

Failure to comply may result in suspension or termination of your access, as detailed in Section 10.

5. Services and Payment Terms

 5.1. Description of Services

Spoynt Limited provides payment processing solutions and financial services through the Website, including but not limited to:

– Processing of electronic payments via credit/debit cards, bank transfers, or other payment methods.

– Account management tools for tracking transactions and managing funds.

– Integration with third-party platforms or merchant systems.

The specifics of the Services, including availability and features, are detailed on the Website and may be updated by Spoynt Limited at its discretion with appropriate notice.

 5.2. Role of Technical Provider

Spoynt OÜ ensures the technical functionality of the Website, including its uptime, security, and user interface, enabling seamless delivery of the Services by Spoynt Limited. Spoynt OÜ does not process Payment Transactions or manage financial data.

 5.3. Payment Terms

– Fees: Access to certain Services may incur fees, which will be clearly outlined on the Website or within your Account dashboard. Fees are quoted in British Pounds Sterling (£) unless otherwise specified and are exclusive of applicable taxes (e.g., VAT).

– Billing and Payment: You agree to provide valid and up-to-date payment information and authorize Spoynt Limited to charge your designated payment method for all applicable fees, due as specified in the billing terms provided at purchase.

– Non-Refundable: Except as required by law or expressly stated otherwise, all fees paid for the Services are non-refundable.

– Late Payments: Failure to make timely payments may result in additional charges, suspension of Services, or termination of your Account, at Spoynt Limited’s discretion.

 5.4. Consumer Rights

Under the UK Consumer Rights Act 2015 and EU Consumer Rights Directive, if you are a consumer (i.e., an individual acting outside your trade, business, or profession), you may cancel certain Services within 14 days of entering into a contract, without providing a reason, unless:

– The Service involves digital content not supplied on a tangible medium, and you have consented to its immediate performance with acknowledgment that the cancellation right is lost.

– The Service has been fully performed with your prior express consent.

Details of your cancellation rights will be provided at the point of purchase.

6. Data Protection and Privacy

 6.1. Data Collection and Processing

Spoynt Limited collects, processes, and stores Personal Data as the data controller in compliance with UK GDPR and EU GDPR, including your name, contact details, payment information, and transaction history. Spoynt OÜ acts as a data processor for technical operations, handling data solely to maintain Website functionality. Refer to our https://spoynt.com/privacy-policy/ for a comprehensive overview.

 6.2. Lawful Basis and Consent

By using the Website and Services, you consent to the collection and processing of your Personal Data as outlined in the Privacy Policy. Spoynt Limited may also process data where necessary for contract performance, legal compliance, or legitimate interests, subject to your rights. You may withdraw consent by contacting support@spoynt.co.uk, though this may limit Service access.

 6.3. Data Security

Spoynt OÜ employs robust technical measures (e.g., encryption, access controls) to secure the Website, while Spoynt Limited safeguards payment data. Neither entity can guarantee absolute security against all risks inherent to online systems.

 6.4. Data Subject Rights

You have rights under UK GDPR and EU GDPR, including access, rectification, erasure, restriction, or objection to processing, and data portability. Exercise these rights by contacting Spoynt Limited at support@spoynt.co.uk.

7. Intellectual Property Rights

 7.1. Ownership

All Content on the Website is owned by Spoynt Limited or its licensors and is protected by UK, EU, and international copyright, trademark, and intellectual property laws.

 7.2. License Grant

Spoynt Limited grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and Content solely for personal or internal business purposes related to the Services. You may not reproduce, distribute, or modify Content without prior written consent.

 7.3. Technical Provider’s Intellectual Property

Spoynt OÜ retains ownership of intellectual property related to the Website’s technical infrastructure and software but does not claim rights over Content provided by Spoynt Limited.

 7.4. User-Generated Content

Content you submit (e.g., feedback, transaction data) grants Spoynt Limited a perpetual, royalty-free, worldwide license to use, modify, and display it for operational and promotional purposes.

8. Disclaimers and Limitation of Liability

 8.1. Disclaimers

The Website and Services are provided “as is” and “as available.” Spoynt Limited and Spoynt OÜ disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

 8.2. Limitation of Liability

To the maximum extent permitted by law:

– Neither Spoynt Limited nor Spoynt OÜ shall be liable for indirect, incidental, special, consequential, or punitive damages (e.g., loss of profits, data, or goodwill).

– Spoynt Limited’s aggregate liability is limited to the total fees paid by you in the 12 months prior to a claim.

– Spoynt OÜ’s liability is restricted to direct damages arising from its technical services, not exceeding the cost of those services.

 8.3. Statutory Exceptions

Liability for death, personal injury, fraud, or breaches of statutory consumer rights under UK Consumer Rights Act 2015 is not excluded.

9. Indemnification

You agree to indemnify, defend, and hold harmless Spoynt Limited, Spoynt OÜ, their affiliates, and respective officers from claims, damages, or expenses (including legal fees) arising from:

– Your use of the Website or Services.

– Your breach of these Terms.

– Your violation of applicable laws or third-party rights.

10. Termination and Suspension

 10.1. Termination by User

You may terminate your Account and cease using the Services by following the closure process on the Website. Outstanding fees remain payable unless otherwise agreed.

 10.2. Termination by Spoynt Limited

Spoynt Limited may suspend or terminate your access, with or without notice, for reasons including:

– Breach of these Terms.

– Non-payment of fees.

– Suspected fraud or illegal activity.

 10.3. Effects of Termination

Upon termination:

– All licenses granted to you cease.

– You must stop using the Services and destroy any Content in your possession.

– Data may be retained as required by law or per the Privacy Policy.

11. Dispute Resolution and Governing Law

 11.1. Governing Law

These Terms are governed by and construed under the laws of England and Wales.

 11.2. Dispute Resolution

Disputes shall be resolved through binding arbitration under the London Court of International Arbitration (LCIA) rules, conducted in London, England, in English, unless injunctive relief is sought.

 11.3. Consumer Protections

Consumers retain rights to resolve disputes via courts or alternative dispute resolution mechanisms under applicable law.

12. Amendments to Terms

Spoynt Limited may amend these Terms, notifying you via the Website or email to support@spoynt.co.uk. Continued use post-amendment constitutes acceptance.

13. Force Majeure

Neither Spoynt Limited nor Spoynt OÜ is liable for delays or failures due to Force Majeure Events, with efforts made to resume performance promptly.

14. Miscellaneous

 14.1. Entire Agreement

These Terms, with the Privacy Policy, constitute the full agreement between you and Spoynt Limited.

 14.2. Severability

Invalid provisions will be adjusted to the minimum extent necessary, preserving remaining terms.

 14.3. No Waiver

Failure to enforce any provision does not waive it unless expressly stated.

 14.4. Assignment

You may not assign rights without consent; Spoynt Limited may assign to affiliates.

15. Contact Information

For inquiries or support:

– Spoynt Limited:

  71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

  Email: support@spoynt.co.uk

 

– Spoynt OÜ:

  Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia

  Email: support@spoynt.com

We aim to respond within 10 business days.

16. Acknowledgment

By accessing or using the Website or Services, you confirm your agreement to these Terms. If you do not agree, you must cease use immediately.