Terms of Use

About us

Exxa Limited is a registered company in the United Kingdom, with company number 11593450, with its registered office at South Quay Building, 189 Marsh Wall, Canary Wharf, London, E14 9SH, United Kingdom.

ExxaPay was developed by Exxa Limited.

Questions about the ExxaPay Service, GDPR and your data privacy rights can be resolved by contacting our Data Protection Officer via:

the website at www.exxapay.com
E‐mail to info@exxapay.com

Contract and Scope of Application
You agree to these terms and conditions by applying for a ExxaPay account. The Terms and Conditions will continue to apply whether or not the verification of your account is successful.

Excluding any other terms and conditions, the present terms and conditions will apply to all aspects of the relationship and the contract between you and Exxa Limited, unless otherwise expressly agreed to in writing from Exxa Limited. By applying for an account with us you confirm that you accept these terms and conditions and that you agree to comply with them. We recommend you print out a copy of these terms for future reference.

Exxa Limited reserves the right to modify the terms and conditions of ExxaPay Services at any time. The modified terms and conditions will apply immediately after being published on the ExxaPay website. You will be informed of any changes by email, via notifications on the website and/or by notifications through your ExxaPay account.

In the event that you are not in agreement with any modified or revised Terms and Conditions, then you are able to withdraw from using the service via your ExxaPay account. In your account you have the right to delete your account.

ExxaPay Service
On successfully creating a ExxaPay account, the login details (email address and self-created password) are strictly personal and confidential. Sharing this information with any other person or entity is not permitted, you must take all reasonable measures to prevent the abuse, misuse, theft, or loss thereof.

Information provided by you for the registration will be stored by Exxa Limited in accordance with appropriate data protection laws as set out in the Data Privacy Policy.

Termination
You may delete your ExxaPay account at any time by using the “delete” button in your ExxaPay account. Relevant records will be kept for the purposes of auditing, in accordance with appropriate laws.

Exxa Limited reserves the right to delete ExxaPay accounts with immediate effect if there is any reason to believe or to suspect that the verification and/or validation provided has been faulty or is no longer correct. In order to gain access to a ExxaPay account again, you will be required to reapply.

Exxa Limited reserves the right to delete accounts with immediate effect if communications from you to Exxa Limited employees or partners are considered harassing, threatening, abusive and beyond the provision of reasonable services offered to support applications for the service. Any continuation of abusive, threatening or harassing behaviour will be reported to the appropriate authorities.

Exxa Limited reserves the right to delete accounts with immediate effect if it is suspected or known that the information provided during registration and enrolment is false/fraudulent as set out in the Data Privacy Policy. Any fraudulent activity will be referred to the relevant authorities.

Our Obligations

Exxa Limited will provide the ExxaPay Service as described on the website in accordance with the Terms and Conditions, the associated Data Privacy Policy and Good Industry Practice.

Exxa Limited aims to provide a continuously functioning and accessible service but makes no guarantees about the availability of any services provided. You accept the fact that service interruptions may occur which would render ExxaPay inaccessible on some occasions.

Exxa Limited reserves the right to limit access to, or render the ExxaPay Service entirely inaccessible for limited periods of time in order to carry out maintenance and/or implementation of required modifications. Exxa Limited aims to carry out these scheduled ‘down times’ in periods which could be reasonably determined to affect the minimum number of users as far as possible e.g. outside of operating hours.

Exxa Limited will provide the ExxaPay Service in accordance with the published Data Privacy Policy. This Data Privacy Policy is accessible here and will be updated from time to time to reflect changes in the processing of data in relation to the service. You will be informed of any changes by email, via notifications on the ExxaPay website and/or by notifications in your ExxaPay account.

Your Obligations

You agree to supply the necessary and required information in order to register and enrol for the ExxaPay Service.

You agree to ensure and guarantee that all data and information provided is correct, complete, accurate and up‐to‐date and conforms to the requirements as set out during the process of registration and enrolment. You agree to notify Exxa Limited of any changes to your ExxaPay registration information.

You accept and agree to inform Exxa Limited immediately if there are any security concerns, security issues or data leaks. Any report of this information to Exxa Limited will be treated as strictly confidential and handled in accordance with appropriate laws and regulations in order to minimise damage to the affected users, Exxa Limited, or third parties. Exxa Limited aims to resolve any security alerts or hazards as fast as reasonably possible and will take steps to inform any third parties affected.

You agree to use our APP to scan your face and follow the instructions outlined as the biometric enrolment process. The credentials and information collected from you on the registration process will be kept and remain for the sole use of the biometrically enrolled individual and you agree not to allow any other individual to enrol on your behalf.

Use of website and associated materials

You are prohibited from copying, passing on, selling, publishing or making profit from any content of the website, products, services or associated materials of Exxa Limited or the ExxaPay Service.

You are prohibited from using the website, products or associated materials of Exxa Limited or the ExxaPay Service in any way that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website, products or associated materials.

You are prohibited from accessing the website and associated materials of Exxa Limited or the ExxaPay Service using any robot, spider or other automated means.

Personal Data

By entering into the contract, you agree that personal data will be processed according to The Data Protection Act 1998 (UK). The data protection act refers to the law regarding the protection and processing of personal data.

Exxa Limited and any partners process information according to the laws specified in EU General Data Protection Regulations (GDPR), ExxaPay remains the data controller for the processing of personal data at all times, whether using partners or not. The Data Privacy Policy contains information on how Exxa Limited treats personal data it processes.

You have the right to complain to the Lead Supervisory Authority, or any other Supervisory Authority, about issues regarding the storage and processing of your personal data.

Confidentiality

Exxa Limited and you are obliged to take all reasonable measures to protect confidential information or the ExxaPay account from unauthorised access, loss, damage, modification or unauthorised processing. In the event that this occurs Exxa Limited must be informed immediately of any such unauthorised access, loss, damage, modification or unauthorised processing.

Exxa Limited will inform you of any unauthorised processing identified within your account.

Rights of Ownership and Intellectual Property
Any intellectual property rights associated with the ExxaPay Service or associated materials remain at all times the property of Exxa Limited, the licensee or our supplier.

The right to use the service or associated materials related to the ExxaPay Service does not imply any transfer of any intellectual property rights of the service or associated materials to you. Exxa Limited only provides a non‐exclusive right to use the ExxaPay Service and/or associated materials for the purpose of creating an account. The rights of your use are strictly personal and cannot be transferred to any other person.

You are prohibited from using the service, data or associated materials in any way, or by use of any part, that would result in the violation of intellectual property rights of Exxa Limited, any of its brands and products/services, the licensee or suppliers.

Exxa Limited reserves the right to take all measures necessary in order to protect intellectual property rights owned by them, the licensee or suppliers. These measures include the termination of the use of the ExxaPay Service or associated materials upon the termination of the contract. You are prohibited from removing or circumventing any such measures in any way.

Liabilities

Nothing in these Terms and Conditions excludes or limits our liability in respect of a) Any breach of law by Exxa Limited or its sub-contractors, b) any loss, unauthorised access to or corruption of Personal Data held by Exxa Limited or its sub-contractors (including any credentials issued to you), c) any wilful default on the part of Exxa Limited or its sub-contractors. Any other limitations on liability included in these Terms and Conditions must be reasonable in all the circumstances of the services provided by Exxa Limited to the user.

We are not responsible to you for any loss or damage suffered by you which was not an obvious consequence of us breaching these Terms and Conditions. We are not responsible to you for losses which you suffer due to any events beyond our reasonable control. We are not responsible to you for losses which you suffer which are not directly caused by our actions.

Exxa Limited cannot be held liable for damages resulting from events beyond reasonable control or not caused directly by actions by Exxa Limited.

Exxa Limited cannot be held liable for any indirect damages or damages caused because you did not/or do not take appropriate measures to i) limit such damages immediately after a damaging event has occurred, ii) prevent further damage or subsequent damages resulting from the initial event, iii) immediately took action to inform Exxa Limited about events which would cause damages and/or took action to provide relevant information to Exxa Limited.

In all cases the liability of Exxa Limited shall be limited to the usual and foreseeable damages. Exxa Limited cannot be held liable for any business damages after using the ExxaPay Service in the capacity of a consumer. The use of the ExxaPay Service contemplated by these Terms and Conditions is as a customer for private use only.

Exxa Limited can never be held liable in respect of any damages resulting from:

Your unauthorised or improper use of the data, the ExxaPay Service and/or related materials;
That the data you have provided is incorrect and/or incomplete, or not provided to Exxa Limited in a timely manner;
Loss, theft or unauthorised sharing of your own data or login details provided to you;
Your failure to abide by any obligations as provided in these Terms and Conditions, including not cooperating with the Terms and Conditions;
Temporary inaccessibility of the ExxaPay Service;
The downtime or unavailable online tools of third parties.
Regardless of the provisions in section 11, Exxa Limited does not exclude or limit in any way any liability where it would be unlawful to do so. Including in particular, liability for death or personal injury caused by Exxa Limited negligence or the negligence of employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.

Limitation of Action

Any claim for damages against Exxa Limited must be brought within one year after the damage has occurred.

Force Majeure

Exxa Limited are not obliged to perform any of the obligations under the contract or the Terms and Conditions in case of force majeure. Force majeure is understood to include but is not limited to improperly functioning materials provided by users, requirements under the law, power cuts, improper functioning of the internet, or of computer‐ and telecommunication facilities, extreme weather conditions, fire, flooding, war, strike, general problems of transportation and unavailability of one or more of Exxa Limited employees or subcontractors.

Applicable Law and Disputes

The contract and the Terms and Conditions are governed by English law in adherence and conformity with applicable European Directives, specifically Article 8 of the European Convention of Human Rights regarding laws on privacy.

Any dispute that cannot be settled amicably will be brought before the competent judge of the place where Exxa Limited have a statutory seat (England and Wales). If applicable, European law provisions determine that another judge is also competent, then the case may also be brought before the relevant jurisdiction.

The ExxaPay Service is provided from core systems based in the EU, whilst the processing is available locally. From a data privacy perspective (GDPR) the Lead Supervisory Authority is the UK ICO who can be contacted here: https://ico.org.uk

Warranties

Exxa Limited does not provide for any other guarantees, undertakings, and/or commitments than those explicitly provided for in the Terms and Conditions.

Concluding Provision

Should any provision of the Terms and Conditions be declared invalid or void, this shall not affect the validity of any of the other provisions included in the Terms and Conditions. In such case, Exxa Limited will amend the Terms and Conditions with the aim to achieve the same object and purpose served by the provision declared invalid.

Definitions
The following words have the following meaning:

User
“User”, “you” or “your” in these Terms and Conditions refer to you as a registered user of the ExxaPay Service.

Identity service
The service provided by us to you entailing the verification of your identity and/or the validity of any documents or data. If this verification and/or validation process results in a confirmation and/or validation of the information provided by you, an identity account will be created for your personal use.

Contract
The relationship between you and us, governed by the Terms and Conditions according to article 2.1.

Terms & Conditions
These Terms & Conditions as set out here.

Data / Information
Any data you have provided to us or in connection with the ExxaPay Service.

Licensee
The holder of a licence for intellectual property rights connected to the ExxaPay Service.

Materials
Materials shall refer to any software, hardware, websites, database, designs, models, programs, reports, and other identity services and materials put to use by us in relation to the ExxaPay service.

Good Industry Practice
At any time, the exercise of that degree of care, skill, diligence, prudence, efficiency, foresight and timeliness which would be reasonably expected at such time from a leading and expert provider of services which are similar to the ExxaPay Service, such provider seeking to comply with its obligations in full and complying with applicable laws and with ISO27001 and Scheme accreditations.

ExxaPay Service
Service provided by Exxa Limited in order to help consumers register face biometric information to process payments at approved retailers and points of sale.

Lead Supervisory Authority is the UK Information Commissioners Office (ICO).