Terms and Conditions
2. These terms and conditions may be amended from time to time subject to us providing two months prior notice. Your continued use of the Service shall be deemed as your acceptance of such amendments. New terms will be posted on this page. In the event that you do not agree with the changes to this Agreement you are entitled to terminate this Agreement in accordance with clause 24 below. Notwithstanding any termination, however such arises under the terms of this Agreement, you shall remain liable to pay all such transactions that have been completed prior to the date of termination or your cessation of using the Service.
3. This Agreement is between “you” (or “your”) and TOLA. TOLA is an electronic money institution and whose principal address is at Lyndon House, 62 Hagley Rd, Birmingham B16 8PE. The terms of this Agreement govern your use of the Service irrespective of how you access and use the Service.
4. A url link to this Agreement will be sent to your mobile (defined below) by SMS and a copy of this Agreement is available upon emailed request to firstname.lastname@example.org
5. Service Requirements and your consent: To use the Service:
(i) You will need a mobile phone (“mobile”) registered to a UK mobile network operator (“Network”); and
(ii) Your Network must have authorised you to use your mobile for Premium Rate billing services;
(iii) You must have sufficient credit on your Network account to make the required purchase or the purchase must be within your contractually agreed limits (please refer to your Network for details); and
(iv) You consent to use the credit on your Network account for the purchase of goods or services under the terms of this Agreement.
You are entirely responsible for the selection of your mobile and Network and their appropriateness for their use of the Service. You are further responsible for all and any costs imposed by your Network in relation to the use of Service and TOLA shall have no liability to you in respect thereof. Please refer to your Network for details of any (if any) additional charges.
6. Restrictions on You: (i) You must be 18 years old; or (ii) 13 years or over and have the bill payers permission; and (iii) In the event that your mobile is a company or business mobile you must have the consent of the company or business to use the Service and the authority to enter into this Agreement on behalf of the company or business. You represent that you are the owner of the mobile or authorised user of the mobile and are responsible for all charges, costs and liabilities relating to the use of the mobile and/or the Service or have the bill payers permission to use the Service and incur such charges.
7. How the Service Works:
(a) The Service enables you to use your mobile number to purchase certain goods and/or services from third party merchants (“Merchants”). The cost of the Service shall be shown on your mobile bill, or deducted from your pre-paid mobile account (“Charge”) together with any Fees (as defined in clause 7(b) below), which together in this Agreement shall be referred to as the “Cost”.
(b) Your Network may impose additional fees for your use of the Service (including but not limited to SMS fees, wireless, data fees or fees for late payment) (“Fees”) in which case such Fees shall be payable by you subject to the terms and conditions of your mobile account with your Network. Such Fees remain payable in the event that your use of the Service is declined for any reason whether by your Network or TOLA. In no event shall TOLA be liable for the payment of Fees incurred by you, your mobile or your mobile number.
(c) Selecting acceptance of the Pay By Mobile Terms and Conditions and clicking the “Pay By Mobile” shall be deemed as authorisation by you of the Cost that you will be paying to TOLA. Once TOLA has received your authorisation you cannot withdraw or cancel such authorisation.
(d) The Merchant, in accepting your purchase request via the Service, is extending credit to you (to the value of the Charge) to enable the purchase of the goods or service.
(e) The credit extended to you cannot be used for any other purpose other than the purchase of the good or service provided by that Merchant. The Cost incurred in making such purchase will be added to your Network account which you are required to pay in accordance with the payment terms of your Network agreement. Your failure to pay the Cost may result in your Network suspending or terminating your mobile services meaning you will be unable to use the Service.
(f) Once the Cost is paid in full by you to your Network and we are in receipt of the funds in equal to the Charge from your Network, we will issue your order for the eMoney and use it to settle the credit amount to the Merchant on your behalf.
(g) TOLA will credit the Charge to the relevant Merchant’s account as soon as possible and in any event before the end of the following business day after the day we receive your order. You do not hold the eMoney in your eMoney payment service account long enough to permit redemption of the eMoney. You will not be entitled to receive interest on any amounts held with us.
(f) You may not use the Service on behalf of a third party.
(g) You may cancel your use of the Service up to 14 days after it is activated (‘the Cancellation Period’), without reason and without penalty by contacting 0333 3137719. We will require you to confirm your wish to cancel in writing by email. This will not entitle you to a refund of any transactions you have made (authorised or pending) or Charges or Fees incurred in respect of such transactions.
8. Financial Limits: There are limits to the Charges that you may accrue using the Service. Such limits are set by law (“eMoney Limits”) and by your Network (“Network Policy Limits”).
(a) eMoney Limits: You may not spend more than GBP equivalent of EURO 2,500 or redeem GBP equivalent of EURO 1,000 or more in the same calendar year;
(b) Network Policy Limits: You may not accrue Charges amounting to £30 or more each day or £300 in any calendar month together the eMoney Limits and Network Policy Limits shall be referred to as the “Limits”.
When you reach either the eMoney Limit or the Network Policy Limit you will not be able to use the Service further for the relevant period applicable to such Limit or in the case of an eMoney Limit, until you satisfactorily meet the additional information requirements set out in clause 20 below and we approve your continued use of the Service.
In the event that you reach the eMoney Limits as set out above, and you remain within the Network Policy Limits of your Network, you may register to continue to use the Service provided you complete the obligations and process set out in clause 20 below.
In the event that your Charges exceed the Limits and you fail to register or complete the checks set out in clause 20 to our satisfaction, then all Charges over and above the Limits shall be rejected us. Your Network may still charge you its Fees for your attempts to use the Service and you shall be required to pay them.
9. Receipt: You will receive a receipt for your purchase by SMS to your mobile. You may view your transaction history on-line by registering at https://customer.tolamobile.com/register/. If you have any queries in respect of your transactions or have difficulty accessing your transaction history call TOLA Customer Services on 0333 3137719 from within UK.
10. Fraud and Anti- Money Laundering (“AML”): The Service may be only be used for transactions with authorised Merchants. You may not use the Service for illegal, fraudulent or unauthorized purposes. You are obliged to report any actual or suspected illegal, fraudulent or unauthorized use of your mobile or this Service immediately when you become aware or suspect the same to email@example.com. TOLA reserve the right to share any information, including personal data or financial information, provided by you with the relevant regulatory, government or law enforcement authorities.
TOLA reserves the right to, and shall, conduct anti-money laundering, anti-fraud, counter terrorism or financial checks regarding your use of the Service or your mobile in order to meet our legal and regulatory obligations in respect thereof. TOLA may suspend or terminate the Service, or your use thereof if, following the results of the checks, we consider (in our sole discretion) such action to be necessary.
TOLA may conduct such checks prior to issuing eMoney for you via your Network. If the checks reveal information that is unsatisfactory to TOLA in any respect, for example, you no longer have a valid Network account, TOLA will retain any funds we have of yours until you are able to supply to TOLA relevant information required to satisfy our checks. You agree that you will co-operate with TOLA and provide such information and documentation as may be required in order to facilitate TOLA in the conduct of these checks.
11. Refunds and Fault Reporting: You are obliged to report any transaction that you believe is incorrect promptly to us and in any event within 15 months of the date of the transaction. In the event that the transaction is established to be an incorrect transaction and that the inaccuracy is the fault of TOLA or of the Network, TOLA will refund the Cost to you. In other cases a refund will be dependent on the particular circumstance, including (but not limited to) whether the transaction was authorised.
Subject to the terms of this Agreement, TOLA will refund the Cost agreed as refundable as soon as is reasonably practicable. Where there is fraud or gross negligence on your part in relation to the transaction and/or your use of the Service no refund of the Cost will be payable, and you will be fully liable for the Costs in full.
If you believe there is a problem with the Service or you wish to discuss a transaction then please follow the instructions detailed in the table below:
|Transaction/receipt sent in error||Contact TOLA||Email: firstname.lastname@example.org
Telephone: 0333 3137719
|Billed amount incorrect||Contact TOLA||Email: email@example.com
Telephone: 0333 3137719
|Transaction history Statement||Contact TOLA||Email: firstname.lastname@example.org
Telephone: 0333 3137719
|Unauthorised transaction||Contact TOLA as soon as you become aware of the unauthorized transaction||Email: email@example.com
Telephone: 0333 3137719
|Complaint regarding the goods/service||Contact (i) the relevant Merchant in first instance but in the event no satisfactory outcome is achieved, then (ii) TOLA||Contact the MerchantTOLA email: firstname.lastname@example.orgTelephone: 0333 3137719|
Where you contact TOLA to resolve an incorrect/suspect incorrect transaction you will be asked for the following information:
(a) name and address
(b) mobile phone number
(c) Network name
(d) Description of the potential incorrect transaction
(e) Date of the potentially incorrect transaction
(f) The merchant details pertaining to the potentially incorrect transaction
(g) Such other information and documentation as we may reasonably require, including any police reports, receipts etc as relevant.
In order to help resolve your problem TOLA may contact the Merchant on your behalf. In such circumstance TOLA shall be entitled to share your details and documentation and other relevant information with the Merchant relevant to the dispute.
Any refunds incorrectly refunded to you shall be a debt to TOLA and you will promptly repay the same to TOLA immediately.
In the event there is an error in the processing of any transaction, you authorize us to initiate a debit or credit of funds to your Network account, as applicable in the circumstance, and where possible, to correct any errors, provided that any such correction is made in accordance with applicable laws and regulations.
Notwithstanding anything in this Agreement the use of your mobile is your responsibility and your access to and use of the Service is at your sole discretion. You are ultimately responsible for the use of your mobile, keeping it and access to those services available on it secure and ultimately you may be liable for all losses relating to unauthorized use of your mobile. You may not therefore be entitled to a refund from TOLA in respect of such unauthorized use.
12. Problems with Merchant goods/service: If you have any problems with the goods or the service you have purchased, then you should raise the issue directly with the Merchant in the first instance. In the event that you are unable to resolve the matter please file a complaint in respect of the Merchant to TOLA. Whilst we may assist you (at our discretion) with regards to your dispute with the Merchant we shall not be obliged to do so and make no representation as to our resolving the dispute.
13. Disclaimer regarding goods/services: TOLA make no representation or warranty to you in respect of the Merchants who accept your payments via the Service. TOLA have no control over the quality or fitness for purpose, suitability, legality or other attribute of the goods or service that you purchase using the Service or over the content, website, application or other environment of the Merchant that you access to make such purchase. As a result we are not required to issue refunds, nor shall we be otherwise liable to you in the event the goods or service fails to meet your expectations.
14. Disclaimer regarding the Service: TOLA provide the service “AS IS” and without warranty. You agree the Service may be delayed, unavailable, interrupted from time to time for scheduled maintenance or for reasons beyond the reasonable control of TOLA, for example interruption or delay of the telecommunications network, your Network, power failures, strikes, technical failure or reasons of force majeure. In no event will TOLA, its affiliates, group companies or technical service providers be liable howsoever arising, (whether in contract, tort, negligence) for indirect, consequential, special damages, including (but not limited to) loss of profit, goodwill or reputation, arising from your use of the Service, even if such damages were reasonably foreseeable and notice was given of the same. Nothing in this Agreement excludes or restricts the liability of either you or us for (i) death or personal injury resulting from negligence, fraud or fraudulent misrepresentation; (ii) any liability that can’t be excluded or restricted by law.
15. Taxes. You are responsible for determining, paying and accounting for any and all taxes and duties, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of the Service or the purchase of any goods or services using the Service.
16. Acceptable Use. You may not act as a payment intermediary, service provider or otherwise resell the Service to any third party, including without limitation the handling, processing, and transmission of funds for any third party.
TOLA may suspend or terminate (at its sole discretion and without liability) your access to or use of the Service in the event that TOLA reasonably believes or suspects that you are not using the Service in accordance with the terms of this Agreement or your use of the Service is any way deemed improper or results in excessive refund requests. We may, without notice (except as required by law) and without liability to you, terminate or suspend your access to TOLA Service at any time if: (a) you attempt to transfer or use funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired, (b) your Network attempts to charge back a transfer on the basis of a dispute related to a transfer; (c) you provide incorrect or false information about yourself or about a recipient; (d) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Service; (e) we receive conflicting claims regarding ownership of, or the right to withdraw funds from your mobile account; (f) you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false; (g) we believe that the transfer of funds from your mobile account may expose us to action from any government or regulator.
17. Warranty. The Service, our website and on-line facilities used to deliver the Service, are provided “AS IS” and without warranty. To the extent permitted by law TOLA make no representation or warranties of any kind regarding the Service, our website or our on-line facilities including without limit, (i) any implied warranties as to fitness for purpose (ii) that the Service and on-line facilities or website will meet your requirements, be always available or accessible, secure, uninterrupted, timely and operate without error or (iii) any implied warranty arising from course of dealing or trade usage.
18. TOLA liability. To the extent permitted by law TOLA, its affiliates, group companies, (and their employees, directors, agents, and representatives) shall not be liable for any indirect, consequential, economic, punitive loss, howsoever arising, from or in connection with this Agreement or the inability to access or use the Service, or any goods or service purchased using the Service.
To the extent permitted by law the liability of TOLA or its affiliated, or group companies (and their employees, directors, agents, and representatives) arising out of or in connection with this Agreement or the use of the Service shall be limited (in total) to the sum of £5,000. TOLA will not be responsible to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, whether or not the failure or delay is caused by an event or condition that is (or was) within our control or not.
19. Your liability.
You are liable up to a maximum of £50 for any losses you incur as a result of unauthorized payment transactions arising (i) if your mobile is lost or stolen and someone has used your mobile to access the Service; or (where you have failed to keep your [personalized security features/login details] to the Service safe from misappropriation. You are not liable for any losses incurred in respect of an unauthorised transaction arising after you have told us that your mobile has been lost or stolen (provided you give us such notice without undue delay). However you will be liable for all losses incurred in respect of an unauthorised payment transaction if you have acted fraudulently or with wilful or gross negligence. We reserve the right to take legal proceedings against you to recover losses that we may suffer as a result of your actions.
20. Extending eMoney Limits: In the event that your Charges exceed the eMoney Limits as set out in clause 8 above but you wish to continue to use the Service you must complete our anti-money laundering, counter-terrorist financing and anti-fraud checks to our satisfaction.
As part of these checks you must register with TOLA and provide all details, including full name, address, valid email, and any other information that TOLA may reasonably require. Upon satisfactory completion of the checks and registration you shall be permitted to use the Service beyond the eMoney Limits. Approval to do so is entirely at the discretion of TOLA and its decision shall be final. You will still be required to adhere to any Network Policy Limits and any additional conditions that may be imposed by TOLA and/or your Network in their sole discretion.
You will be emailed a copy of this Agreement upon registering with TOLA.
21. Your Mobile:Your mobile and its use are your responsibility: (a) you must notify TOLA customer care by phone on 0333 3137719 or by email: email@example.com immediately on becoming aware of the loss, theft or unauthorised use of your mobile; (b) you are responsible for implementing adequate security (for example PIN codes or finger print reading) on your mobile to prevent unauthorised use or the incurring of unauthorised charges.
TOLA reserve the right to suspend or terminate (at its sole discretion) the Service on reasonable grounds relating to the security or possession of the mobile or the associated account with your Network, or its suspected unauthorized or fraudulent use.
Such suspension will be notified to you by email. TOLA may lift the suspension once it is satisfied that any risk or suspected risk is no longer present.
22. Electronic Contracting: (1) You agree that (1) by using the Service you accept the terms of this Agreement; (2) communication with you will be by SMS to your mobile and/or email using the email address you have registered with us for the use of the Service and you consent to us sending notices to you in this way. Our communications will include (but are not limited to) general communications about this Service, policy publications and amendments to the Agreement, notices served pursuant to the Agreement, and correspondence with you regarding claims and refunds and (3) all such communications shall be deemed to be in writing. This Agreement is made in English and all communications with you shall be in English.
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce this Agreement.
23. Notices: We shall send you notices as required pursuant to this Agreement or as necessary in the provision to you of the Service to your mobile (by SMS or WAP link) or email address, if you are a registered user.
You must send notices to us at firstname.lastname@example.org or through the submission relevant forms on the TOLA website. You must notify us promptly of any changes to your email address or mobile phone
24. Term and Termination: This Agreement shall continue unless and until terminated by either you or us in accordance with its terms.
TOLA may terminate this Agreement at any time without cause and without liability to you in the event that it serves two months prior written notice to you. You may terminate this Agreement at any time providing one month’s written notice of termination by email to email@example.com subject to you paying all Charges and Fees incurred as a result of your use of the Service both in respect of TOLA and your Network.
This Agreement can be terminated immediately by us serving notice to you if our authority entitling the provision of the Service is revoked, suspended or terminated for any reason or where the Network or other third party terminates its agreements that are necessary for the provision of the Service.
25. Intellectual Property
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service, including the website, (“Company Intellectual Property Rights”) are owned by TOLA or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
26. Assignment. You may not assign or transfer any rights or obligations you have under this Agreement. In the event of a permitted assignment this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer not permitted under this section will be deemed null and void.
27. Waiver: The failure of TOLA to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
28. Severability: If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms. However the parties will negotiate in good faith to restate such provision to reflect the original intentions of the parties as nearly as is possible in accordance with applicable law, and the remaining provisions of this Agreement.
29. Entire Agreement:This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the Agreement except as expressly stated in this Agreement.
30. Relationship: Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
31. Complaints Procedure: If You are not satisfied with the Service you are receiving you should provide written details of your concerns to 0333 3137719. All queries will be handled in accordance with our complaints procedure. We will provide a copy of the complaint procedure upon request. If we are unable to resolve your complaint, you may contact the Financial Ombudsman Service. You may contact the Financial Ombudsman Service by:
(a) post – addressing Your complaint to the Financial Ombudsman Services, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom;
(b) telephone – on 0800 0234 567.
The Financial Ombudsman Service’s website is www.financial-ombudsman.org.uk.
32. Jurisdiction: This Agreement shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.