This Agreement contains fourteen sections. You may jump directly to any section by clicking on the appropriate link.
Jump to section:
2. The ZapZap User Account
3. Payments, Transfers and Withdrawals
4. Our Role as Payment Intermediary; Disputed Transactions
5. Unauthorized Transactions
6. Your Personal Information
7. Fees and Charges
8. Cancellation by You
9. Suspension or Termination
12. System complaints and Dispute Resolution
13. Regulatory Information
1.1 These terms and conditions (the “Agreement”) govern the supply of the ZapZap Mobile Utility (“the Service”) by Wonderwill Limited as agent for Smart Voucher Limited (“we”, “us”, “our”) to any person whose application to use the Service we approve (“you”, “your”). Our corporate details are set out in clause 13.1. By clicking “I accept” you agree that you have read and understood the Agreement (a copy of which you may download and store at any time).
1.2 The Service allows you to order and load a pre-paid debit card (a “ZapZap Mastercard”). The ZapZap Mastercard is issued by a selected third party (the “ZapZap Mastercard Issuer”) and your use of the ZapZap Mastercard is governed by separate terms and conditions between you and the ZapZap MasterCard Issuer. If you order a ZapZap Mastercard through the Service but do not receive it within 14 days of your order, you should email us at firstname.lastname@example.org to request a new one. If we receive your request between 14 and 21 days after your original order, we will provide a replacement ZapZap Mastercard free of charge. If we receive your request more than 21 days after your original order, you will be required to pay the applicable order fee for the replacement ZapZap Mastercard.
1.3 We reserve the right to change this Agreement by giving 2 months’ notice to you in accordance with clause 11. If we do this, you may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires. However, you agree that changes to the Applicable Exchange Rate (as defined in clause 7.2 below) may be applied immediately and at the rate quoted via the Service at the time of the relevant Transaction.
2.1 To be eligible to apply for a ZapZap User Account, you must be an individual who is: at least 18 years old; resident in the European Economic Area (the “Territory”); the holder of a current account at a credit institution based in the Territory (“Nominated Bank Account”).
2.2 If we approve your application for a ZapZap User Account, you will be asked to choose a password (“Passcode”). Your Passcode will provide access to the following functionality on the Service: (a) checking the amount of usable funds and the details of any Payments, Transfers, Refunds, Withdrawals, Loads and Unloads (as defined in Clause 3 below) (each of which may also be referred to as a “Transaction”) history; (b) help and support; (c) reporting unauthorised or incorrectly executed Transactions (“Unauthorised Transactions”); and (d) closing your Service and transferring remaining funds.
2.3 Before you can use your ZapZap User Account to undertake a Payment or a Transfer (as defined in clause 3 below) you must first transfer adequate funds to us, in return for which you will be issued an equivalent amount of electronic money (“E-money”). To purchase E-money you must log into your ZapZap User Account and follow the instructions there. You may only purchase E-money via your ZapZap User Account using the payment method(s) specified by us via the Service. You acknowledge and agree that the transaction for the purchase of E-money is a separate and independent transaction from any subsequent Transaction using that E-money.
2.5 Each time you seek to access the ZapZap User Account we will check your identity by asking for your Passcode. As long as the correct Passcode is entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for in clause 10. You must therefore keep the Passcode secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Passcode to any person whom you authorise to access your ZapZap User Account in breach of this Agreement, you are also responsible and liable for any access, use, misuse or disclosure of your Passcode and/or the ZapZap User Account by such person. Unless and until you tell us that you believe that someone else knows the Passcode or can use the Service by impersonating you:
(a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
(b) we will not be responsible for any unauthorised access to confidential information about you in the ZapZap User Account.
2.6 We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the Service is being used for an illegal purpose; or (v) may harm our reputation.
2.7 We will do all that we reasonably can to prevent unauthorised access to the ZapZap User Account. As long as you have not breached the other terms contained in this clause 2, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the ZapZap User Account (see clause 10.2 for limits on our liability).
3.1 When you wish to use E-money to make a payment to a participating retailer (“Merchant”) for the purchase of an item (“Payment”) you must log in to your ZapZap User Account and follow our instructions. When you initiate a Payment, if there is sufficient E-money available in your ZapZap User Account to fund the Payment, we will debit your ZapZap User Account for the amount of the Payment and immediately credit the Merchant’s ZapZap Account for the amount of the Payment.
3.2 When you wish to use your E-money to load your ZapZap Mastercard (“Load”) or to request the transfer of funds from your ZapZap Mastercard to your ZapZap User Account (“Unload”) you must log in to your ZapZap User Account and follow our instructions. When you initiate a Load, if there is sufficient E-money available in your ZapZap User Account to fund the Load, we will debit your ZapZap User Account for the amount of the Load and immediately credit the ZapZap Mastercard for the amount of the Load. When you initiate an Unload, we will pass your instruction to the ZapZap Mastercard Issuer for processing in accordance with your agreement with the ZapZap Mastercard Issuer.
3.3 When you wish to make a transfer of E-money to another ZapZap User (“Transfer”), you must log in to your ZapZap User Account and follow our instructions. When you initiate a Transfer, if there is sufficient E-money available in your ZapZap User Account to fund the Transfer, we will debit your ZapZap User Account for the amount of the Transfer and immediately credit the relevant ZapZap User Account for the amount of the Transfer.
3.4 We may refuse to execute a Transaction, or initiate a refund in order to reverse a Transaction (“Refund”), where we have reasonable grounds relating to the security of the ZapZap User Account or the suspected unauthorised or fraudulent use of the ZapZap User Account. We may suspend the processing of any Transaction where we have reasonable grounds relating to the security of the ZapZap User Account or the suspected unauthorised or fraudulent use of the ZapZap User Account, until the satisfactory completion of our investigation or that of any third party under any applicable law. If we exercise our rights under this clause 3.4, we shall notify you of any such action, the reasons for it and the procedure for rectifying any factual errors that led to the refusal, unless we are prohibited from doing so under applicable law. We will do this electronically before we exercise such rights or, if we are unable to do so, immediately after we exercise such rights. Where we refuse to execute a Transaction, we may charge you the reasonable costs of any notification under this clause 3.4 where the refusal is reasonably justified. You may enquire about the processing of any Transaction by emailing us at email@example.com
3.5 To redeem the value of the E-money balance in your ZapZap User Account (make a “Withdrawal”), you must log in to your ZapZap User Account and request us to transfer the corresponding funds to your Nominated Bank Account. If there is sufficient E-money available in your ZapZap User Account to fund the Withdrawal, we will pay the corresponding amount of funds to your Nominated Bank Account. Each redemption shall be paid in the currency or currencies agreed between you and us in writing from time to time. In circumstances where we apply a currency conversion to a redemption we will use the Applicable Exchange Rate (as defined in clause 7.2 below).
3.6 You represent and warrant to us that:
(a) all information provided to us in the course of applying to use the Service is true and accurate in every respect and you will keep all such information up to date during the term of this Agreement;
(b) you will only use the Service for your own purposes and not on behalf of any other person or entity;
(c) you and all Transactions initiated by you will comply with all laws, rules, and regulations; and
(d) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
4.1 In providing the Services, we are acting as a payment intermediary between you and Merchants and other users of the ZapZap Mobile Utility (“ZapZap Users”). We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using Service. We do not guarantee the identity of any ZapZap User or ensure that a buyer will make a Payment for, or a seller will supply, any goods or services.
4.2 It is the responsibility of you and the relevant Merchant or ZapZap User, not us, to resolve any dispute or claim raised by you relating to any Transaction or the purchase or sale of goods or services by you (a “Customer Claim”), provided that we may initiate a Refund if (a) a Transaction is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a Transaction was not authorized by the relevant ZapZap User, or (c) a Transaction is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with a Merchant, we will provide information we hold which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We will charge you an administration fee to cover our reasonable costs of providing any such assistance.
4.3 As between you and us, we will be responsible for resolving any claim by a ZapZap User in relation to the use of the ZapZap User’s Account, including any claim in relation to the purchase of E-money, provided that you will provide such information and assistance as is reasonably requested by us to process, administer, challenge or dispute any such claim.
5.1 Subject to the provisions of clause 10.2 below, if you believe that someone else knows your Passcode or if you think someone else is using your ZapZap User Account, or if you become aware of an Unauthorised Transaction on your ZapZap User Account, you must notify us without undue delay after becoming aware, and in any event no later than thirteen (13) months after the debit date of any Unauthorised Transaction, using the support email firstname.lastname@example.org . You will be required to provide us with your Passcode and/or other security details for identification purposes. Following such notification, we will temporarily suspend operation of your ZapZap User Account. A replacement Passcode will be emailed to you in order to re-activate your ZapZap User Account. Where a Transaction was not executed, or was incorrectly executed, because the unique identifier provided by you was incorrect, we shall not be liable for the non-execution or defective execution of the Transaction, but we will make reasonable efforts to recover the funds involved in the Transaction and may charge you an amount that reasonably corresponds to our actual costs for any such recovery.
5.2 You agree to fully cooperate with us, our agents, regulatory authorities and the police where you or we suspect there have been Unauthorised Transactions in respect of our Service.
5.3 You are responsible for all losses relating to an Unauthorized Transaction from your ZapZap User Account if you have acted fraudulently or failed, either intentionally or through gross negligence, to use your ZapZap User Account according to the terms of this Agreement, protect your Passcode, or notify us of the Unauthorized Transaction as required in clause 5.1. If your Passcode is lost, stolen or misappropriated (including as a result of your failure to keep it safe), you are responsible for losses relating to any Unauthorized Transactions.
5.4 If your ZapZap User Account is inactive (including without limitation where there has been no access to your ZapZap User Account or any Transactions) for at least 2 consecutive years and you are currently holding E-money, we will notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your ZapZap User Account open and maintaining the E-money balance or redeeming your E-money. If you do not respond to our notice within thirty (30) days, we will automatically close your ZapZap User Account and redeem your E-money to your Nominated Bank Account or by cheque to your last known address.
6.2 A link between you and anyone with whom you have a joint account or similar financial association will be recorded at credit reference agencies, creating a “financial association”. All such associated parties’ information will be taken into account in future applications until you or one of them successfully files a “notice of disassociation” at the credit reference agencies.
6.3 We may make periodic searches of and provide information about you to credit reference agencies and fraud prevention agencies to manage and take decisions about our relationship or prospective relationship with you. Such information may be used by other credit providers to take decisions about you and your financial associates. We may also review you and your business activities (including without limitation by electronic means) to monitor your compliance with the Agreement.
7.1 In consideration of us providing the Services to you, you shall pay to us the service charges set out at https://www.zapzapwallet.com/fees.php and via the Service (“Service Charges”). The Service Charges are exclusive of any applicable VAT for which you shall be liable
7.2 If you effect a Transaction using your Service in a currency other than the issue currency, the amount deducted will be converted to the issue currency at the rate quoted via the Service at the time of the Transaction (“the Applicable Exchange Rate”).
8.1 You may cancel this Agreement within 14 days by contacting customer support directly (at email@example.com) or by choosing the “Balance Withdrawal” option on the Service (following which you will be contacted by customer support).
9.1 This Agreement may be terminated:
(a) by you giving to us one (1) month’s prior written notice; and
(b) by us giving you two (2) months’ prior written notice.
9.2 We may terminate this Agreement (in whole or in part) immediately by notice in writing if:
(a) we determine, in our reasonable opinion, that there is an unreasonable level of Customer Claims or Refunds or return requests in relation to you; or
(b) we determine, in our reasonable opinion, that your conduct or treatment of ZapZap Users or your relationship with us is having a material adverse effect on our reputation.
9.3 We may suspend or terminate your ZapZap User Account without prior notice where it is reasonable for us to do so and specifically where: (a) we reasonably believe your ZapZap User Account may be at risk of fraud or misuse; (b) our information technology infrastructure has failed, is experiencing outages or requires maintenance; (c) ordered or recommended by the security services, court or a relevant regulatory authority; or (d) where we suspect you have provided false or misleading information or have acted fraudulently or we reasonably believe you have used or are likely to use your Service (or allow it to be used) in connection with criminal or other illegal activities or otherwise than in accordance with this Agreement.
9.4 If your ZapZap User Account is terminated we will pay the amount of funds corresponding to the balance of your ZapZap User Account to your Nominated Bank Account or by cheque to your last known address (subject to verification of your identity) to the extent we are able to do so (we may be requested or required to withhold such funds by the security services, a court or a relevant regulatory authority).
10.1 This clause 10 sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by you or our affiliates of the Service or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
10.2 In case of an Unauthorised Transaction, we will at your request immediately refund or reverse (as the case may be) the Unauthorised Transaction including all fees deducted therefrom, except:
(a) where the Unauthorised Transaction arises from your failure to keep the personalised security features of your ZapZap User Account safe in accordance with clause 2.5 in which case you shall remain liable for the first 50 EUR (or equivalent in the currency of the ZapZap User Account) unless section 10.2(c) applies;
(b) if you fail to notify us without undue delay of any loss of your Passcode or other event that could reasonably be expected to have compromised the security of the ZapZap User Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
(c) if you have compromised the security of the ZapZap User Account with intent or gross negligence in which case you shall be solely liable for all losses; or
(d) if you fail to dispute and bring the Unauthorised Transaction to our attention within 13 months from the date of the Unauthorised Transaction.
10.3 Section 10.2(a) shall not apply to Transactions made after you have notified us in accordance with clause 5.1 in which case we will remain liable and refund any Unauthorised Transaction immediately to you.
10.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, we do not warrant or guarantee that the Service will always be available or operate error-free.
10.5 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations referred to in clause 10.8; or any other liability that cannot be excluded by applicable law.
10.6 Without prejudice to clause 10.5:
(a) our total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount equal the aggregate Service Charges paid by you in the six (6) months immediately prior to the date on which the cause of action for such liability arose; and
(b) neither party shall be liable to the other, whether in contract, tort (including for negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise for any: (i) losses that are not reasonably foreseeable; (ii) or loss of profit; or (iii) loss of goodwill or reputation; or (iv) loss of business; or (v) loss of business opportunity; or (vi) loss of anticipated saving; or (vii) loss or corruption of data or information; or (viii) special, indirect or consequential damage or loss of any kind whatsoever, in each case that arises under or in connection with this Agreement.
10.7 No party shall be liable for any delay in or failure to perform obligations they have undertaken in these terms as a result of events beyond their reasonable control which cannot reasonably be avoided or overcome, while such events persist.
10.8 You will indemnify us against any losses we suffer as a result of claims made or threatened against either of us as a result of your use of the Service in connection with criminal or other illegal activities.
11.1 This Agreement is in the English language, and you agree that we will communicate with you and you will communicate with us in English during the term of this Agreement. When you use the Service or send e-mails to us, you are communicating with us electronically. By registering for the Service and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. We may provide in electronic format all communications and Transactions related to the Service and your ZapZap User Account, including without limitation agreements related to the Service, amendments or changes to such agreements or any Policies (described below), disclosures, notices, Transaction information, statements, responses to claims and other customer communications that we may be required to provide to you by law (collectively, “Communications”). Communications may be posted to the Service or your ZapZap User Account and sent by e-mail to the e-mail registered in your ZapZap User Account. All Communications will be deemed to be in “writing” and received or accessed by you. You are responsible for printing, storing and maintaining your own records of Communications, including copies of this Agreement. This condition does not affect your statutory rights. You can contact us about the Service by visiting the “Contact Us” link on the Service or your ZapZap User Account.
12.1 If you wish to make a complaint about the Service, you can email firstname.lastname@example.org, with brief details of your complaint and the ZapZap User Account number. Our Customer Service staff will acknowledge your complaint by email within 1 business day. They will then investigate and send you an initial response, having had access to an officer with the authority to settle the complaint (including, where appropriate, an offer of redress). Where appropriate, the member of staff investigating the complaint will not be any staff member who was directly involved in the subject matter of the complaint. This should take no longer than five business days, but most complaints may well be resolved by close of business on the business day after the complaint is received. If the complaint is not resolved by close of business on the business day after the complaint is received, we will send you a copy of this complaints handling procedure.
12.2 If you are not satisfied by our response, you must contact the Customer Services Manager, who will respond by email within a further five business days.
12.3 If you are not satisfied with the response from the Customer Services Manager, you can email email@example.com, enclosing the responses already given to it. That email will then be referred to the Managing Director, who will respond by email within a final five business days.
12.4 Within four weeks after receiving a complaint, we will send you either a final response or a response which explains why we are not in a position to resolve the complaint and indicates when we will make further contact.
12.5 A complaint about any aspect of the Service that is regulated under the Electronic Money Regulations or the Payment Services Regulations that we cannot settle within 8 weeks after the date of complaint may ultimately be referred to the Financial Ombudsman Service, details of which can be found at www.financial-ombudsman.org.uk and who can be contacted at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom.
13.1 The Service is operated by Wonderwill Limited, a company incorporated in Gibraltar with registered number 105547 and registered office at Portland House, Glacis Road, P.O. Box 475, Gibraltar (trading as ZapZap), as agent for Smart Voucher Limited, a company incorporated in England and Wales with registered number 4202050 and registered office at 5-7 Tanner Street, London, SE1 3LE, United Kingdom, and authorised and regulated by the Financial Conduct Authority in the United Kingdom as an electronic money institution (FCA registered number 900007).
14.1 You acknowledge that we enter into this Agreement for our benefit and the benefit of Smart Voucher Limited, which may from time to time for its benefit enforce in its own right any term of this Agreement or any of our rights subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in this clause, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement but this clause do not affect a right or remedy of a third party which exists or is available apart from that Act.
14.2 If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.3 Any waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
14.4 These terms constitute the entire agreement between you and us in relation to provision of the Service and supersede any previous agreements between you and us in relation to the Service.
14.5 This Agreement is personal to you and you may not assign any of your rights or obligations to any third party. Any assignment in violation of this provision shall be void and of no effect. We may assign or novate this Agreement at any time upon giving 2 months’ notice to you.
14.6 This agreement and any dispute or claim arising out of or in connection with it or our subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of the United Kingdom shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or our subject matter (including non-contractual disputes or claims).
You may cancel your ZapZap app at any time by contacting customer support directly (at firstname.lastname@example.org) or by choosing the Balance Withdrawal option on the ZapZap app (following which you will be contacted by customer support). If you do not cancel by contacting customer support, or if you just remove the ZapZap app from your device, other users can still send you money using your mobile number.
In the event that you cancel your ZapZap account, we will process your refund as soon as possible, although there may be a delay of a few working days if there were any unprocessed transactions initiated before the request for cancellation.
NOTE: If you have not redeemed the funds in your account within 6 years of the account being closed, we will have no further obligation to repay the funds.