Payment Platform User Terms

These Payment Platform User Terms (“User Terms”) constitute a legal agreement entered into by and between Teya (as defined below; referred to as “Teya”, “we”, or “us” in these User Terms”) and the person or entity (“you”, “your” or “User”) using Teya’s payment processing services. These User Terms govern your use of Teya’s payment processing services, which allow you to make payments to Teya merchants utilising a Teya online payment platform (“Services”). A Teya merchant is any merchant accepting payment card transactions in accordance with the Teya Payment Terms (“Teya Member”). The Teya entity with which you are entering into these User Terms depends on your location: 

(a) For users located within the European Economic Area (EEA) you are entering into these User Terms with Teya Iceland hf. 

(b) For users located within the United Kingdom, you are entering into these User Terms with Teya Solutions Ltd., which is governed by the laws and regulations of the United Kingdom. 

In the event that you are located outside the EEA or the United Kingdom, the applicable Teya entity will be determined based on the jurisdiction of the Teya merchant with whom you are transacting. 

These User Terms shall come into effect upon the earliest occurrence of any of the following: (a) when you indicate your acceptance of these User Terms; or (b) when you first access or use our Services, regardless of whether you have formally accepted these terms. 

For more detail on how we treat your personal information, please read our Privacy Notice.  

You may not access or use our Services unless you agree to abide by all the terms and obligations set out in these User Terms.  

If you have any questions or if you do not understand any of the provisions within these User Terms, please contact us - our team is more than happy to assist.   

Eligibility 

To access and use our Services, you must be at least the legal age required to enter into binding contracts and have full legal capacity to use the Services in the country in which you reside.  You are not permitted to use the Services if you have previously had your access to our Services suspended or terminated. You may not use the Services if you are subject to government sanctions, including but not limited to those imposed by the U.K. Office of Financial Sanctions Implementation or any other national authority.  

Additional Terms/Revisions 

We reserve the right to amend these User Terms at any time, including modifying, removing, discontinuing, or adding conditions to any part of the Services. We will inform you of any changes to these User Terms by posting a notice on our website, which includes the location of these User Terms, or by providing notice via email or through our Services, including Teya’s payment platforms. Your continued use of our Services after the effective date of any amendments constitutes your acceptance of the revised User Terms.  You are prohibited from, and must not allow others to: engage in any activity that violates applicable laws or regulations, such as those governing financial services, consumer rights, anti-competitive practices, anti-discrimination laws, money laundering, terrorist financing, bribery, or deceptive advertising; provide any information that is false, inaccurate, or misleading; use the Services for activities such as testing credit card responses or conducting transactions that are excessive, unusual, or unjustifiable; use the Services in a manner that we, relevant payment card networks, or any electronic funds transfer systems reasonably view as a misuse of the card system or a breach of card network or association guidelines; and conduct activities through the Services that could lead to: (i) customer complaints; (ii) disputes, claims, chargebacks, or transaction reversals; and (iii) financial penalties, fines, fees, or other liabilities that may impact us, other users, third parties, or yourself.  

Teya’s Role 

Any sales contract entered into through the use of our Services is solely between you and the Teya Member. You are responsible for the purchases made using our Services, not Teya. Similarly, the Teya Member, and not Teya, is responsible and accountable for the goods or services you purchase from them using the Services, including but not limited to matters of delivery, product quality, refunds, fraud, advertising, liability for their products or services, or compliance with applicable laws. Your use of and access to the Services does not alter your relationship with the Teya Member, any third-party platforms or services, or your bank or credit or debit card issuer. Unless otherwise specified in these User Terms, Teya will not intervene in disputes between you and a Teya Member regarding any transaction conducted through the Services. Teya will not make determinations regarding factual disputes, legal matters, or claims between you and a Teya Member, nor is Teya obligated to resolve any disputes. In the event of a dispute with a Teya Member or a third party, we recommend contacting the relevant party directly to attempt a resolution. You may file a complaint against a Teya Member with Teya. While Teya is not obligated to do so, it may choose to forward your complaint to the Teya Member and request that they reach out to you.. By using the Consumer Payment Services, you release Teya from any claims, demands, or damages that may arise from disputes involving other users or parties, including Teya Members. 

We do not provide any warranties for the products, services, or information offered by Teya Members and are not liable for:  product liability claims related to Teya Member products;  claims that the offering or sale of Teya Member products or services does not comply with applicable legal or regulatory standards;  claims regarding Teya Member’s products, services, or practices under consumer protection or similar laws;  inaccurate, incomplete, or outdated information provided by a Teya Member; or actions or inactions of any third-party platform with which you interact or make purchases. 

Intellectual Property Rights 

As between you and us, we and our licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Services. The Services are protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in the Services not expressly granted to you in these User Terms, or any other applicable terms, are reserved. To the extent you offer feedback, comments, or suggestions about our Services and materials, we can use and incorporate them into our Services without any obligation to you. All intellectual property rights in your feedback will belong to Teya from the moment of creation. If any rights don't automatically transfer to Teya, you're assigning them to us in full. You confirm that:  Teya isn't bound to keep your feedback confidential; and  Teya can freely use your feedback in any form or medium, for any purpose, without compensation. 

Termination 

We may terminate these User Terms or amend, suspend or terminate your access to our Services at any time for any reason, including without limitation, due to a violation of these User Terms.  Upon termination, you will not have further use of or access to the Services, and all rights under these User Terms will end. Any provisions of these User Terms that are naturally intended to survive termination, including but not limited to those necessary to enforce their purpose, shall remain in effect following termination. 

 Indemnities 

You agree to indemnify Teya from and against any and all costs, losses, damages and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action or other proceeding instituted by a person or entity that arises out of or relates to:  any actual or alleged breach of your representations, warranties, or obligations set forth in these User Terms;  your wrongful or improper use of the Services; or  your violation of any applicable law. 

Disclaimer of Warranties 

To the maximum extent permitted by applicable law, Teya, its resellers, distributors, and vendors, make no warranties, express or implied, or guarantees with respect to your use of the Services, such as regarding title, merchantability, fitness for a particular purpose and/or non-infringement. You understand that use of the Services is at your own risk and that we provide the Services on an "as is" basis and "as available" basis. We do not guarantee the accuracy or timeliness of the  Services.  

You acknowledge that the Services are not fault-free and occasional periods of downtime occur. We do not guarantee the Services will be uninterrupted, timely, secure, or error-free or that content loss won't occur, nor do we guarantee any connection to or transmission from computer networks.  

Teya does not warrant, endorse, guarantee or assume responsibility for any product or services advertised or offered by a third party. Teya has no control of or liability for, any goods or services that are paid for using the Services.  

You may have certain rights under your local law. Nothing in these User Terms is intended to affect those rights, to the extent they cannot be derogated from. 

Limitation of Liability  

Nothing in these User Terms excludes or limits any party’s liability for: (a) death or personal injury caused by its negligence; (b) fraudulent misrepresentation or for any other fraudulent act or omission; or (c) any other liability which may not lawfully be excluded or limited, even if any other term of User Terms would otherwise suggest that this might be the case.  

In no event will Teya be liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), for any: (a) loss of profit; (b) loss of sales, turnover, revenue or business;; (c) loss of or damage to reputation or goodwill; (d) loss of opportunity; (e) loss of anticipated savings; or (f) indirect, consequential or special loss; arising out of or relating to the  Services, whether or not such loss was foreseeable.  

Under no circumstances will Teya be responsible to you for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Services, or the information contained therein to the maximum extent permitted by applicable law. Teya, its processors, suppliers and licensors (or any of their respective affiliates, agents, directors or employees) assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of the Services; (b) property damage, of any nature whatsoever, resulting from your access to or use of the Services; (c) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Services; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (f) any errors or omissions in any content or data or for any loss or damage incurred as a result of the use of any content or data posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) interruptions to or cessation of the Services.  

Except to the extent prohibited by applicable law, you agree to limit any additional liability whether in contract, tort (including negligence), under statute or otherwise not disclaimed or denied by Teya under these User Terms to your direct and documented damages; and in no event shall our aggregate liability, or any of our processors, suppliers or licensors (or anything of their respective affiliates, agents, directors or employees), arising in connection with these User Terms exceed £500 (five hundred GBP).  

Miscellaneous 

Assignment  

These User Terms and/or any related rights and obligations may not be transferred or assigned by you without our prior written consent, but may be transferred and assigned by us without your consent or other restrictions.  

Entire agreement  

These User Terms constitute the entire agreement between you and us with respect to your access to and use of the  Services and they supersede and extinguish any and all prior agreements between you and us concerning your access to and use of the Services.  

Severability 

If any provision of these User Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.  

Survival  

Any provision that is reasonably necessary to accomplish or enforce the purpose of these User Terms will survive and remain in effect in accordance with its respective terms upon the termination of these User Terms.  

No waiver  

Our failure to exercise or enforce any provision of or rights under these User Terms shall not constitute a waiver of any such provision or right.  

Force Majeure  

Neither you nor us will be liable for any non-performance caused by any event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation with respect to fees (if any) owed to us under the terms of these User Terms.  

Language  

By agreeing to these User Terms, you acknowledge and agree that these User Terms, as well as any associated documents, shall be in English. We will however endeavour to provide you with translations for information purposes. 

Disputes  

a. Complaints: If you are dissatisfied with our services, you may submit a complaint by contacting us. We will provide a copy of our complaints handling procedure upon request. If our resolution does not meet your expectations, users located in the United Kingdom may escalate the complaint to the Financial Ombudsman Service (FOS). Further information can be found at www.financial-ombudsman.org.uk. For users outside the United Kingdom, the complaint may be referred to the Icelandic Complaints Committee on Transactions with Financial Firms. Further information on the Committee can be obtained through the Icelandic Financial Supervisory Authority's website at www.fme.is. Further information can also be found on the Teya Help Centre. 

b. Governing Law: 

For Users located within the EEA and outside the UK, these User Terms and any additional terms (if any) shall be governed by and construed in accordance with the laws of Iceland, without regard to its conflict of law principles. 

For Users located within the United Kingdom, these User Terms and any additional terms (if any) shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to conflict of law principles. 

c. Jurisdiction: 

For Users located within the EEA and outside the UK, any disputes arising out of or in connection with these Users Terms or additional terms (if any) shall be subject to the exclusive jurisdiction of the courts of Iceland, unless otherwise agreed by the parties or required by law. 

For Users located within the United Kingdom, any disputes related to these User Terms or additional terms (if any) shall fall under the exclusive jurisdiction of the courts of England and Wales, unless otherwise agreed by the parties or required by law. 

Regardless of the above, Teya reserves the right to bring claims, including requests for injunctive relief, in the jurisdiction where you are located or in any other appropriate jurisdiction. 

d. Resolution: Before escalating any dispute to court, you agree to first engage with us in good faith to resolve the matter amicably.