Legal
User AGREEMENTS
Platform Terms of Use
Thank you for visiting our website, operated by Datametry Limited (“”we”, “us”, “our” and “KodenPay”), a company registered in England and Wales with company number 14422079, having its registered office at Launchpad Building, Penryn Campus, Penryn, Cornwall, United Kingdom, TR10 9FE
These terms of use (“Terms of Use”) together with our privacy and cookie policy (“Privacy Policy”) manage your use of this Website and the KodenPay mobile payment applications (together, the “Platform”). 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 Purple and those specific to MERCHANTS only are in BLUE. The rest of the terms apply equally to all users.
- 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 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) may apply when you access or use our services.
- Our Privacy Policy will also apply if you access or use our KodenPay mobile application.
- How can I contact KodenPay?
To contact us, please email
support@kodenpay.com or message us via Live Chat on our website (Mon-Fri 09:00 – 17:00 GMT).
- What am I not allowed to use your Platform for?
Other than the content you own, KodenPay 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 KodenPay name and logo. All such rights are reserved.
No act of downloading or otherwise copying from our Platform will transfer the 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 the 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, sublicensing and/or otherwise commercializing any Content;
- using this Platform in any way that is or may be damaging to the Platform or to us;
- 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.
- 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.
- 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.
- 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.
- 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 make 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, of 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.
- 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 on 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.
- 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 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.
- Is KodenPay 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 the information you obtain from them. We have no control over the content of those sites or resources so you should check your comfort before clicking on the link.
- 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 user’s 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.
- Can I or KodenPay transfer these Terms of Use to anyone else?
KodenPay can 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.
- 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.
Terms of Service (for Consumers & Merchants)
These Terms of Service tell you about your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law when you use our Services and access our Platform. Please read these Terms of Service carefully.
In some areas, you will have different rights under these Terms of Service depending on whether you are a Consumer or Merchant. Provisions specific to CONSUMERS only are in PURPLE and those specific to MERCHANTS only are in BLUE. The rest of the terms apply equally to all users.
- INTRODUCTION
About us
1.1 – DATAMETRY LIMITED is a payment technology company, not an authorised Payment Initiation Services Provider (“PISP”). DATAMETRY LIMITED is a company registered in England and Wales with company number 14422079, having its registered office at Launchpad Building, Penryn Campus, Penryn, Cornwall, United Kingdom, TR10 9FE (“we”, “us”, “our” and “KodenPay”).
1.2 – Payment Initiation Services (“PIS”) within KodenPay Platform are solely provided by ACQUIRED LIMITED, an FCA-authorised PISP and company incorporated and registered in England and Wales with company number 09660317, and authorised and regulated by the Financial Conduct Authority (FCA), with reference number 902751, whose registered office is Glasshouse Alderley Park, Nether Alderley, Cheshire, England, SK10 4ZE.
Our contract with you
1.3 – These Terms of Service apply to you when you use our Platform to make payments as a Consumer and when you sign up for and use our Platform as a Merchant. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.4 – You must agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service that apply to you as a Merchant or Consumer before you use our Platform or Services.
1.5 – As ACQUIRED LIMITED is the PISP for your Transactions made using the Platform and Services, you are also agreeing to be bound by the current version of the Acquired limited terms and conditions as are in place from time to time. These are third-party terms and KodenPay accepts no responsibility for them or for your acceptance of them.
1.6 – If you do not accept these Terms of Service, you may not use our Platform or Services.
- INTERPRETATION
In these Terms of Service:
2.1 – “Account” means a registered account with KodenPay that a Consumer or Merchant may access via the KodenPay App (as applicable) to use the Platform and Services;
2.2 – “KodenPay App” means the KodenPay mobile application which Consumers and merchants may download and use to connect their bank account to, in order to initiate payments.
2.3 – “Consumer” means those individuals that use our Platform and Services to initiate Transactions as an individual for purposes wholly or mainly outside of a trade, business, craft or profession;
2.4 – “Merchant” means those individuals or businesses that we have approved to use our Platform and Services to effect Transactions wholly or mainly for use in connection with trade, business, craft or profession;
2.5 – “Merchant Fee(s)” means a flat rate fee of 0.49% per Transaction charged by KodenPay to the Merchant; Please read our pricing page for the latest pricing.
2.6 – “Platform” means our QR codes, websites (www.KodenPay.com) accessed via the URL or via any web browser, the Mobile App;
2.7 – “QR Codes” means a Quick Response Code provided by KodenPay to Merchants to enable Merchants to effect Transactions;
2.8 – “Services” means our services provided via the Platform, which utilises open banking to enable Consumers to initiate payments from a chosen bank account directly into a Merchant or Consumer’s nominated bank account;
2.9 – “Terms of Service” (also called “your agreement with us”) means the legally binding agreement between you and us which consists of:
- our Website Terms of Use are available here
- our Privacy and Cookies Policy is available here.
- our KodenPay Privacy Policy when applicable here.
- the below Terms of Service;
2.10 – “Transaction” means any transaction between a Consumer and a Merchant or other Consumer on the Platform by which KodenPay initiates a payment; and
2.11 – “You” means any user of our Platform, whether a Merchant or Consumer (also referred to as “you” or “your”).
- CONTACT INFORMATION
3.1 – You can get in touch with us by emailing us at support@KodenPay.com If we need to contact you, we will normally do this via email. We will also get in touch with you in any other way that is personal to you and which you choose to be contacted, by indicating your preference in the KodenPayt App (as applicable). This may include SMS, push notifications, website notices or any other appropriate messaging service.
3.2 – Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you do not, we will not be responsible if you do not get any information or notices from us.
- CHANGES TO OUR TERMS OF SERVICE
4.1 – We may amend these Terms of Service from time to time. We may in the following circumstances, have to change the Terms of Service without telling you beforehand:
- To reflect changes in laws and regulatory requirements which apply to the Platform and Services, where such changes require us to change the Terms of Service in a manner which does not allow us to give reasonable notice to you; and
- To address an unforeseen and imminent danger related to defending KodenPay, Consumers or Merchants from fraud, malware, spam, data breaches or other cybersecurity risks.
4.2 – We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes via email, but we might also let you know by using SMS, online notifications or any other appropriate messaging service.
4.3 – You should check our Terms of Service often to stay informed of any changes that may affect you. You will need to accept the changes to the updated Terms of Service to continue using our Platform and Services. You do not have to accept any changes.
4.4 – You do not have to accept any changes. You can always end your agreement with us without explanation or charge by contacting us at support@KodenPay.com before the change comes into effect. You can also end your agreement with us at any time after we make a change, but the change will apply to you until you do.
4.5 – If you keep using our Platform and Services after a change has been made, we will assume you have accepted the change.
- COMPLAINTS
5.1 – KodenPay is committed to providing you with the best service we possibly can, so if you have a suggestion for how we can improve, or you are disappointed with our Service, we want to hear from you. You can get in touch via support@KodenPay.com.
- PERSONAL DATA
6.1 – KodenPay is the processor for any personal data processed to facilitate a Transaction. The Merchant is the controller for that data and is responsible for any disclosure or misuse of personal data. Where applicable, the Merchant’s Privacy Policy shall be available on request from the Merchant.
6.2 – Any payment facilitated by KodenPay is paid by the Consumer to the Merchant, or another Consumer via Acquired acting as PISP. For details of how Acquired may use your personal data, you should refer to their Privacy Policy as may be available on their website. The Merchant is responsible for the personal data entered when using the Platform. Both Merchants and Consumers acknowledge KodenPay will not be held responsible for any disclosure or misuse of personal data by a Merchant.
6.3 – The Merchant is responsible for the personal data entered when using the Platform. Both Merchants and Consumers acknowledge KodenPay will not be held responsible for any disclosure or misuse of personal data by a Merchant.
- INTELLECTUAL PROPERTY RIGHTS
7.1 – The materials and content comprising the Platform belong to us or our third-party licensors and you agree that you have no rights in the Platform or Services, other than the right to use and access the Platform and Services in accordance with these Terms of Service.
7.2 – You have a right to use and access the Platform for the purposes of these Terms of Service. Unless expressly permitted by us, you agree:
- not to copy, or attempt to copy the Platform;
- not to change, edit, modify or attempt to change, edit or modify the Platform in any way; and
- not to look for or access the underlying code of the Platform that we have not expressly published publicly for general use.
- ACCESS / AVAILABILITY
8.1 – While we want you to be able to use the Platform and Services whenever you want, occasional repairs, updates and maintenance on our systems may mean some or all of our Platform and Services won’t be available for a while or may mean the Platform and Services are slow for a short time. If you suffer a loss because of this, we will not be responsible for that loss.
8.2 – We cannot be held responsible for events that happen outside of our control. This includes outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform and Service.
- LIABILITY
9.1 – Although we will always try and give you the best service possible, we are not responsible for any loss or damage you suffer if we cannot perform our obligations under our agreement with you because of any:
- legal or regulatory requirements; or
- unforeseeable or unusual circumstances which are outside our (or our agents and/or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.
9.2 – We will be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching our agreement with you, or if we fail to protect your information and keep it secure as required by relevant law(s). We will also be responsible for any obligation we have breached if we cannot limit or exclude that obligation as a matter of law.
9.3 – As the Platform is not a PISP and is not a party to the Transactions between Consumers and Merchants and is not liable for any Transactions that take place on the Platform. KodenPay does not handle any funds that are sent between Consumers and Merchants.
9.4 – Each payment made by a Consumer is subject to the Consumer’s bank’s standard security checks, however, Consumers should exercise caution when using the Platform to make payments to Merchants and other Consumers that they are familiar with. Merchants are responsible for their own credibility and ensuring the credibility of Consumers when using the Platform to receive payments and take care only to take payments from credible Consumers. You should use your own judgment, and seek professional advice if appropriate. Accordingly, you agree that KodenPay is not responsible or liable to you for:
- any action (or inaction) resulting from the use of or reliance on information or content displayed through the Platform and Services (or any loss or damage you suffer as a result); or
- any dealings you have with third parties (including the PISP and your bank and other service providers) through the Platform and Services.
9.5 – If you think that a payment initiated through us may have been incorrect, unauthorised, or not properly executed (perhaps due to delay or other error), then you need to contact us as soon as possible so that we can investigate.
9.6 – Subject to the foregoing and that which cannot legally be excluded, our total liability to you for all damages, losses or causes of action arising, by reason of or in connection with your use of our Platform and Services, shall be limited to £1,000.
- TERMINATION
10.1 – Your agreement with us will begin on the date you use our Platform/ Services and/or accept these Terms of Service, whichever is earlier, and will continue until terminated by us or you, as provided in this section.
10.2 – You can end your agreement with us and your use of our Platform and Services at any time without explanation or charge by contacting us via support@KodenPay.com
10.3 – Without limiting any other remedies, we may suspend, restrict or terminate your use of the Platform and our Services:
- where we suspect, or you have seriously or repeatedly broken any provision of our Terms of Service, or if you attempt or threaten to break any provision of the same;
- for routine maintenance and/or downtime (temporary suspension/downtime);
- for events outside of KodenPay’s control, including, but not limited to, hacking, governmental reasons and server issues;
- where KodenPay decides to discontinue the Platform and/or Service; or
- at our discretion and without reason.
10.4 – We can also end our agreement with you and your use of the Platform and Services at any time without giving you a reason by giving you at least 14 days’ notice.
10.5 – If we suspend, restrict or terminate your use of the Platform and our Services, we will notify you via email, SMS or other appropriate messaging service.
10.6 – Upon termination of your use of the Platform and our Services we will cease providing you with the Services and, whilst you will still be able to access the KodenPay App (as applicable) to view historic Transactions, you will no longer be able to initiate or receive payments via the Platform, KodenPay App (as applicable).
10.7 – All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.
- GENERAL
11.1 – All the information we give you, and every communication we have with you, will be in English.
11.2 – If we choose not to enforce or rely on any of these Terms of Service at any time, we can still apply the terms again at any time.
11.3 – You may not enter into any contract on our behalf or bind us in any way. These Terms of Service are for your benefit only, not for the benefit of any third party of yours.
11.4 – If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service.
11.5 – These Terms of Service and any document referred to in them constitute the entire agreement between you and us relating to your use of our Platform and Services and supersede all prior understandings and agreements between parties. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
11.6 – If any provision of these Terms of Service is or becomes invalid, unlawful or unenforceable, that part of the Terms of Service will be severed from the rest of your agreement with us (which means we won’t be able to enforce that part of the agreement). However, the rest of the Terms of Service will continue to be valid and enforceable to the fullest extent permitted by law.
11.7 – We recommend that you print or download these Terms of Service and keep a copy so you can look at them in the future. The most up-to-date version of the Terms of Service is viewable via our Platform.
- GOVERNING LAW AND JURISDICTION
12.1 – These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales.
12.2 – If there is a dispute you can bring claims against us in the English courts wherever you live. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
- CONSUMER SPECIFIC TERMS
13.1 – Consumer App
- To register for a Consumer Account, Consumers must be 18 or over.
- In order to complete our Account registration process for the Consumer App, Consumers must download the Consumer App and register by providing their phone number and must verify their phone number via a one-time password. Once a Consumer has provided their phone number, they must provide us with (i) their full name; (ii) date of birth; (iii) postcode; (iv) a photograph of their valid passport or driving licence; and (v) a “selfie” photograph to help us verify the Consumer’s identity; and (vi) email address (“Registration Information”). Consumers must provide accurate and up-to-date Registration Information.
- Once a Consumer has provided their Registration Information, they would be asked in the Consumer App to select their bank account so that they can use their Account to send payments. We connect Consumer’s bank accounts by triggering an AIS API call with the Consumer’s banking app using an Acquired Open Banking licence.
- Consumers must, on request, provide such additional information and supporting documentation regarding their activities and identity as KodenPay may reasonably determine to ensure compliance with applicable laws and regulations.
13.2 – Using the Platform
- Consumers must be 18 or over and reside in the United Kingdom to use our Platform.
- In accordance with our Terms of Use, Consumers may use the Platform to initiate payments to Merchants.
- Consumers may make payments using QR Codes. In order to make a payment using a QR Code, Consumers must scan the QR Code using their phone camera, which prompts a web browser to open on their phone. At this point, Consumers must enter the amount they wish to pay into the web browser and select their bank. Upon selecting their bank, Consumers will be redirected to their banking app to approve the payment. Once the Consumer has approved the payment, they will be redirected to the web browser where a success notification and e-receipt will be displayed.
- Consumers may:
- make a payment by scanning a QR Code using the Consumer App. Consumers must open the Consumer App and click “Scan to Pay”, which will open their camera on their phone and prompt them to scan the QR Code. Consumers will then be directed to enter the payment amount within the Consumer App, which will automatically redirect the Consumer to the web application of acquired limited and then by selecting their bank it will redirect to their banking app to approve the payment. Once the Consumer has approved the payment, they should return to the Consumer App where a success notification and e-receipt will be displayed.
- make payments within the Consumer App. Consumers can send a payment by selecting a Platform user in their payment list and entering the payment amount, which will automatically redirect the Consumer to their banking app to approve the payment. Once the Consumer has approved the payment, they should return to the Consumer App where a success notification and e-receipt will be displayed.
- request payments within the Consumer App, by selecting a Platform user in their payment list and entering the requested payment amount. This request will be sent to the relevant Platform user, who will receive a notification via their Consumer App, informing them that a payment is due.
- When using the Platform and Services, Consumers must:
- ensure that all access details and information for use of the Platform and Services are kept confidential; and
- comply with the Terms of Use.
- When Consumers make payments via our Platform, we may store their bank details in order to facilitate refunds.
13.3 – Refunds
- Consumers must contact Merchants should they wish to obtain a refund of sums paid in a Transaction. To initiate a refund, Consumers may be required to provide Merchants with their account number and sort code (this depends on which bank the consumer uses).
- If the Consumer’s bank does not support refunds via open banking, the Merchant may need to contact them via phone or email in order to process refunds.
13.3 – Disclaimer
- All information, content and material displayed on our Platform is provided for information only. We do not provide financial or professional advice and Consumers should not rely on information or content from our Platform or Services as the sole basis for making a financial decision or effecting a Transaction.
- MERCHANT SPECIFIC TERMS
14.1 – Merchant App
- To register for an Account, Merchants must be 18 or over and reside in the United Kingdom.
- In order to complete our registration process, Merchants must download the Merchant App and register by providing their name/ company name, date of birth, company number, address and email address (“Registration Information”). Merchants must provide accurate and up-to-date Registration Information.
- Merchants must on request provide such additional information and supporting documentation regarding its activities and identity as KodenPay may reasonably determine to ensure compliance with applicable laws and regulations.
- Following receipt of the Registration Information, we will conduct our KYC (“Know Your Customer”) checks, which may include a credit check with a credit reference agency, and if acceptable, approve the Merchant to use our Platform and receive our Services.
- Once approved, Merchants may use the Platform for Transactions.
14.2 – Using the Platform
- In accordance with our Terms of Use, Merchants can use the Platform to accept payments from Consumers.
- When using the Platform and our Services, Merchants:
- must ensure that all access details and information for use of the Platform and Services are kept confidential;
- must comply with the Terms of Use;
- acknowledge that the Platform and Services are strictly personal and limited to use for the receipt of payment of Merchant’s own products and services;
- authorise KodenPay to submit Registration Information to Acquired to facilitate Transactions; and
- are responsible for any Transactions they make on the Platform.
14.3 – Fees and payments
- Merchant Fees will be charged straight away at the rate of flat 0.49% (This fee may be changed, please refer to our pricing page for the latest rate) and the remaining amount will be transferred to their bank account.
- We reserve the right, in our sole and absolute discretion, to change the Merchant Fee and charge additional fees in the future for a Transaction. We will provide Merchants with 30 days advance notice prior to any change in the Merchant Fee by sending the Merchant an email, providing notice through the Merchant App or by similar means.
14.4 -Taxes
- It is the Merchant’s responsibility to determine what, if any, taxes apply to Transactions that the Merchant enters into through the Platform and Services, including but not limited to, income tax and value-added tax, or such equivalent tax in the Merchant’s jurisdiction.
- It is solely the Merchant’s responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority and KodenPay shall have no liability in respect of the same.
14.5 – Use of Merchant’s name and logo
- The Merchant grants KodenPay a non-exclusive licence to use its name and logo on the Platform and in KodenPay’s promotional and marketing material, to identify the Merchant as a customer of KodenPay
- All intellectual property rights in the Merchant’s name and logo licensed under section6.1 are and shall remain the property of the Merchant.
14.6 – Disclaimer
- Our Platform and Services are provided “as is” without any warranties (unless these terms state otherwise). All information, content and material displayed through our Platform is provided for information only. We do not provide financial or professional advice and Merchants should not rely on information or content from our Platform or Services as the sole basis for making a financial decision or effecting a Transaction.
14.7 – Indemnity
- Merchants shall indemnify KodenPay for all losses and liabilities, including legal fees, that arise from any claim or demand made by a third party due to or arising out of the Merchant’s breach of (i) these Terms of Service; or (ii) violation of any law or the rights of a third party. We reserve the right to exclusive control over the defence of a claim covered by this section. If we use this right, then the Merchant will help us in our defence. The Merchant’s obligation to indemnify under this section also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
Last updated – April 07, 2023
PRIVACY POLICY
It explains how KodenPay gathers and uses the information provided by you when you use the KodenPay mobile app, which enables businesses and sole proprietors to accept payments via open banking. Please refer to our Website Privacy Policy for details on how we handle personal data when you use our website. Please carefully read the following to understand our stance on your personal data and how we will protect it. Please take the time to carefully read all of our policies of use.
If you have any comments on this privacy policy, please email them to support@KodenPay.com
Consent to the installation of the app
Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data.
Before installation of our App, please indicate your consent to our processing of your personal data (including your name, contact details, financial and device information) as described in the policy.
YES, I consent to the installation of the App for the purposes of making payments.
NO, I do not consent to the installation of the App.
How do you withdraw consent?
Once you provide consent by selecting “YES”, you may change your mind and withdraw consent at any time by contacting us (support@KodenPay.com) but that will not affect the lawfulness of any processing carried out before you withdraw your consent.
Consent to processing Location Data
YES, I consent to the processing of my Location Data (including details of my current location disclosed by GPS technology so that location-enabled Services are activated to aid in the protection of users against unauthorised access by other parties.
NO, I do not consent to the processing of my Location Data and location-enabled Services are disabled in my settings.
Location Data
KodenPay (we) are committed to protecting your personal data and respecting your privacy.
Introduction
This policy, together with our Terms of Use applies to your use of:
- KodenPay mobile application software (App) will be available on App Store or Google Play Store, once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device)
- Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children, and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it
Important Information and Who We Are
Datametry Limited is the controller and is responsible for your personal data (collectively referred to as “Company”, “we”, “us” or “our” in this policy).
We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.
Contact Details
Our full details are:
- Full Name of Legal Entity: Datametry Limited
- Title of Data Privacy Manager: Chief Operating Officer
- Email Address: support@KodenPay.com
- Postal Address: Launchpad Building, Penryn Campus, Penryn, Cornwall, United Kingdom, TR10 9FE
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues.
Changes to the privacy policy and your duty to inform us of changes.
We keep our privacy policy under regular review.
This version was last updated on June 20, 2023. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next log into your app or log onto one of the Services Sites. The new policy may be displayed on-screen, and you may be required to read and accept the changes to continue your use of the App or the Services.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
Third-Party Links
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
The Data We Collect About You
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data: first name, last name, username or similar identifier, title, date of birth, gender
- Contact Data: billing address, delivery address, email address and telephone numbers
- Financial Data: bank account details
- Transaction Data: includes details about payments to and from you and details on your direct debit payments to KodenPay
- Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting
- Content Data: includes information stored on your Device, login information, profile photo, and company photo
- Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses
- Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences
Location Data: This includes your current location disclosed by GPS technology. We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
How is your personal data collected?
We will collect and process the following data about you:
- Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to give us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, receive a payment through our App and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence
- Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies
- Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your phone settings
- Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties [and public sources] such as analytics providers [such as Google based outside the UK]; advertising networks based [inside OR outside] the UK]; and search information providers based [inside OR outside] the UK, and Identity and Contact Data from publicly available sources such as Companies House and the electoral register based inside the UK
- Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us
Cookies
- We use cookies to distinguish you from other users of the App, App Site, the distribution platform (App Store) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and allows us to improve the App and Our Sites.
- The KodenPay app uses Firebase, an analytics cookie which collects visitor, usage, and campaign data to help with improvements to the app and user experience. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- Where you have consented before the processing
- Where we need to perform a contract, we are about to enter or have entered with you
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
- Where we need to comply with a legal or regulatory obligation
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
Purposes for which we will use your personal data.
Purpose/activity | Type of data | Lawful basis for processing |
To install the App and register you as a new App user | Identity, Contact, Financial, Device | Your consent |
To process in-App purchases and deliver Services including managing payments and collecting money owed to us or to third parties | Identity, Contact, Financial, Transaction, Device, Marketing and Communications, Location | Your consent Performance of a contract with you Necessary for our legitimate interests (to process payments to third parties) |
To manage our relationship with you including notifying you of changes to the App or any Services | Identity, Contact, Financial, Profile, Marketing and Communications | Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions) |
To enable you to participate in a prize draw, competition or complete a survey | Identity, Contact, Device, Profile, Marketing and Communications | Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business) |
To administer and protect our business and this App including troubleshooting, data analysis and system testing | Identity, Contact, Device | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
To deliver content and advertisements to you to make recommendations to you about goods or services which may interest you to measure and analyse the effectiveness of the advertising we serve you to monitor trends so we can improve the App | Identity, Contact, Device, Content, Profile, Usage, Marketing and Communications, Location | Consent Necessary for our legitimate interests (to develop our products/Services and grow our business) |
Disclosures of your personal data
When you consent to provide us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table:
- External Third Parties such as merchants in order to facilitate authorised payments and refunds via KodenPay mobile apps and websites.
- Our PISP is ACQUIRED LIMITED for account verification, AML and KYC purposes.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
- We may disclose your personal data if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
- Please note that our chat support services are supported by third parties. Any data provided under the chat boxes will be shared with the third parties providing the support.
- We may share some data with the Merchant including details such as your bank name, the amount paid, last three digits of your bank account.
The KodenPay app allows other users to see your business name when they receive an SMS payment link or scan a QR code associated with your business account. Customers may be able to view your Account Number and Sort Code but cannot debit funds or interfere with your account in any way.
International transfers
We do not transfer your personal data outside the UK.
Data Security
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us, or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer (SSL) technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to prevent your personal data from being accidentally lost, used or accessed unauthorised.
We will collect and store personal data on your Device using device caches, cloud Firestore, real-time databases and other technologies.
Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
Data Retention
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they cease being customers.
In the event that you do not use the App for a period of 12 months then we will treat the account as expired and your personal data may be deleted.
Your Legal Rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data.
- Request access to your personal data
- Request correction of your personal data
- Request the erasure of your personal data
- Object to processing of your personal data
- Request restriction of processing your personal data
- Request transfer of your personal data
- Right to withdraw consent
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at support@KodenPay.com
Automated Decision-Making and Profiling
In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
For clarity, we make automated decisions to determine whether to allow a transaction or not. This automated decision is based on the checks carried out through our transaction monitoring service which monitors suspicious transactions based on the following factors:
- the age of the merchant
- size of transaction
- time of day
- type of transaction – customer present or not present
Depending upon the results of the checks carried out, this could result in us automatically declining a transaction. The right to object to the automatic processing of your personal data does not apply in the following circumstances:
- the decision is necessary for the entry into, or performance of, a contract between you and us
- the decision is authorized by law; or
- you have given your explicit consent
Last updated – April 07, 2023
- Are there any other terms I need to be aware of?
- Our Privacy Policy 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) may apply when you access or use our services.
- Our Privacy Policy will also apply if you access or use our KodenPay mobile application.
- How can I contact KodenPay?
- What am I not allowed to use your Platform for?
- 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, sublicensing and/or otherwise commercializing any Content;
- using this Platform in any way that is or may be damaging to the Platform or to us;
- 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.
- How will you use my personal information?
- What are my responsibilities for my account details?
- Will the Platform always be available?
- What happens if there is a bug or virus on the Platform?
- Can I link to your Platform?
- What happens if something goes wrong?
- 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.
- Is KodenPay responsible for any linked websites?
- What happens if there are changes to the Terms of Use or this Platform?
- Can I or KodenPay transfer these Terms of Use to anyone else?
- What law applies to these Terms of Use?
GRIEVANCE
Customer grievance redressal policy – Datametry Limited (“KodenPayâ€)
Introduction and Objectives
This policy outlines a structured grievance redressal mechanism available to customers and merchants for escalating their complaints with KodenPay. KodenPay will deal with all customer complaints in a transparent and timely manner.
Redressal mechanism for grievances raised over chat/app/email/phone
Escalation matrix
Level 1 (Queries)
For in-app payments
Online queries in the KodenPay app (LInk)
First response time – 3 working days
Final resolution time – 7 working days
Helpline +44 (0) 7542117298
Final resolution time – 7 working days
If KodenPay needs additional time for any case, the same will be informed to the customer along with the reason for the delay and expected resolution timelines.
For payments done by customers through KodenPay on other websites/apps/stores/shops
Kindly contact your merchant customer care for service/product delivery and quality issues. In case of payment being failed or is not acknowledged by the merchant, kindly contact your bank customer care.
For merchants accepting payments through KodenPay for their websites/apps/stores/shops
Online queries in KodenPay merchant’s dashboard (link)
First response time – 3 working days
Final resolution time – 7 working days
Helpline – +44 (0) 7542117298
Final resolution time – 7 working days
If KodenPay needs additional time for any case, the same will be informed to the customer along with the reason for the delay and expected resolution timelines.
Level 2 (Complaints)
If a customer’s issue is not resolved even after contacting various complaint resolution channels, he/she can reach out to our grievance officer by writing us at the below address:
Grievance Officer
Datametry Limited
Launchpad Building, Penryn Campus
Penryn, Cornwall
United Kingdom
TR10 9FE
Email: support@KodenPay.com
Last updated – April 07, 2023