You may, at any time and at no cost to you, obtain a copy of these Terms and Conditions applicable to you by accessing the Osu Website and downloading the version available on that website. Alternatively, you may contact us at email@example.com and they will provide a copy to you via e-mail or post.
1. Information about service providers
1.1 Osu Ltd is a payment technology company, not an authorised Payment Initiation Services Provider (PISP). Osu Ltd is a company incorporated and registered in England and Wales with company number 10516109 whose registered office is 3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, United Kingdom, UB8 2FX.
1.2 Payment Initiation Services within Osu Ltd's technology are solely provided by SafeConnect Ltd, a company incorporated and registered in England and Wales with company number 11598433, and authorised and regulated by the Financial Conduct Authority (FCA), with reference number 827001, whose registered office is 9 Appold Street, London, EC2A 2AP.
1.3 As an FCA authorised PISP, SafeConnect Ltd. provides AIS and PIS as set out in paragraphs 1(g) and 1(h) of Schedule 1 of the Payment Services Regulations 2017 (SI 2017/752) and defined in Regulation 2 of the Payment Services Regulations 2017 (SI 2017/752).
2.1 The following capitalised terms have the following meanings in these Terms and Conditions:
“Account Servicing Payment Service Provider” or “ASPSP” means any payment service provider that maintains a Payment Account on your behalf, including a bank or credit institution, that is accessible online using the Services;
“Applicable Law” means any and all applicable laws, legislation, bye-laws, decisions, notices, statutes, orders, rules (including any rules or decisions of court), regulations, directives, edicts, schemes, warrants, local government rules, statutory instruments or other delegated or subordinate legislation and any directions, codes of practice issued pursuant to any legislation, voluntary codes, other instruments made or to be made under any statute and codes of conduct and mandatory guidelines (including in all cases those that relate to audit, accounting or financial reporting) and which have legal effect, whether local, national, international or otherwise existing from time to time, together with any similar instrument having legal effect in the relevant circumstances;
“ASPSP Terms and Conditions” has the meaning set out in paragraph 3.2 below;
“Osu Website” means https://www.payosu.com/ and https://www.paywithosu.com/
“Party or Parties” means respectively Osu or you or both;
“Payment Order” means any instruction by you to us requesting the execution of a Payment Transaction;
“Payment Account” means a payment account held by you with an ASPSP;
“Payment Initiation Services” has the meaning set out in paragraph 3.1 below;
“Payment Transaction” means an act initiated by you to transfer funds to a payee;
“Services” means the services that we provide to you as set out in section 3 below;
“Website” means the website or mobile application through which you have accessed our Services;
3. Our services
3.1 Under these Terms and Conditions Osu shall redirect you to SafeConnect Ltd who will provide you with services for initiating a Payment Transaction directly from your Payment Account to a payee (the “Payment Initiation Services”).
3.2 The terms and conditions that apply to the Payment Accounts that you access through our Services (the "ASPSP Terms and Conditions") will remain in effect and this Agreement does not change your ASPSP Terms and Conditions.
3.3 The Services that are available and the manner by which the Services are delivered may vary depending on the type of device you are using, the type of Payment Account(s) you have and you ASPSP Terms and Conditions.
3.4 We will not charge you for your use of the Services.
4.1 You are only permitted to use the Service under the following conditions:
a. if you are aged 18 or over and resident in the United Kingdom (“UK”);
b. if your Payment Account and ASPSP are located in the UK [or European Economic Area];
c. if you provide us with accurate, complete, and up-to-date information and do not misrepresent your identity or any other information about you;
d. you agree to this Agreement and to use our services in accordance with this Agreement; and
you agree to comply with all Applicable Laws.
e. By agreeing to these and Conditions you represent that each of conditions in paragraph 4.1 apply to you.
5. Payment Initiation Services
5.1 The Payment Initiation Services provided by SafeConnect Ltd. will allow you to make an online Payment Transaction from one or more of you Payment Accounts.
5.2 Before receiving Payment Initiation Services from SafeConnect Ltd., you will instruct the website to make an online payment as a result of wishing to purchase goods and / or services. Upon such an instruction being received by the website, you will generally be redirected to our widget where the Payment Initiation Service will be executed by SafeConnect Ltd.
5.3 When you are redirected to the widget, you will be asked to review and confirm your Payment Order details, including:
a. the payment amount;
b. details of the recipient including its name;
c. any other information which we feel is necessary to review.
5.4 SafeConnect may include the recipient information set out in this paragraph 5.3 for you in certain circumstances. It is your responsibility to review and ensure that all of the Payment Order details provided to SafeConnect under paragraph 5.3 are correct before you confirm the Payment Order. You must ensure that the merchant recipient details are correct as you may not be able to recover a payment that is sent to an incorrect account or recipient.
5.5 Prior to initiating a payment transaction, you will be asked to confirm the details of the Payment Order and provide explicit consent for SafeConnect Ltd. to send the Payment Order to your ASPSP for execution.
5.6 You will be asked to select the ASPSP and Payment Account from which you will fund the Payment Order and you shall be redirected to your ASPSP’s website or mobile application, as appropriate, in order to authenticate your identity consent to the transaction with your ASPSP.
5.7 As the Payment Order relates to a Payment Transaction that is to be executed by your ASPSP immediately, you will not be able to cancel that Payment Order with SafeConnect once you have provided your confirmation and explicit consent in accordance with paragraph 5.6 above.
6. Unauthorised or incorrect payments
6.1 If you suspect that an incorrect or unauthorised payment has been made using our Payment Initiation Services you must contact us as soon as possible by emailing firstname.lastname@example.org. You should also contact your ASPSP as soon as possible by using the contact details provided by your ASPSP Terms and Conditions.
6.2 You may be entitled to a refund for any incorrect or unauthorised payment from your ASPSP but you must notify them without delay and in any event no later than 13 months in accordance with the relevant section of the ASPSP Terms and Conditions.
6.3 Your ASPSP may contact you directly, and not through us or the Website, if there is an issue with a Payment Order submitted through us (such as an issue with your authorisation of a Payment Order or a lack of funds in your Payment Account). Any such issues raised may need to be resolved directly with your ASPSP.
7.1 We may provide you with notices / communications in connection with the Services via a notification available on the Osu Website.
7.2 We shall not hold your home address, email address, or any other contact information relating to you.
7.3 You may also receive Osu notices/communications by contacting us at:
Telephone number: +44 (0) 207 859 4662
Email address: email@example.com
7.4 All notices / communications made in respect of this Agreement, and any provided under it by us, will be in English.
8.1 This Agreement between you and us and which governs your use of the Services will continue until terminated in accordance with this section 8.
8.2 This Agreement between us shall be terminated without notice: upon the execution of a Payment Transaction; or if you have not completed a Payment Order, by exiting our services and being redirected back to the Website.
8.3 We may cancel the contract with you, with immediate effect, by giving written notice:
a) if you breach any term of this Agreement and, where applicable, fail to resolve the matter to our satisfaction in a timely manner;
b) if you breach any Applicable Law including but not limited to any anti-money laundering laws; and / or
c) in the event of your death or incapacity.
8.4 We may cancel this Agreement with you for any reason by giving you at least two months’ written notice.
9. Changes to this Agreement
We may amend this Agreement at any time by uploading the updated Agreement on to our Website.
11.1 We are not liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, in particular your ASPSP(s) and the owner or operator of a Website.
11.2 We are not liable if your ASPSP does not act on your instructions or it incorrectly carries out your instructions:
a) because of any reason set out in this Agreement;
b) because of something we are unable to reasonably control that prevents us from offering any service; or
c) in order to comply with any legal and regulatory requirements (including Applicable Law).
11.3 We are not liable for any losses or costs you suffer: that we could not have reasonably foreseen and did not have explicit knowledge could occur; or where they were caused by the fact that you had not duly performed any of your obligations under any Agreement.
11.4 Nothing in this Agreement shall exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) our fraud or fraudulent misrepresentation; and / or
c) any deliberate breach of this Agreement.
12. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or our Services, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, disease (including epidemics and / or pandemics), strikes, acts of governmental agencies, labour difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
13. Applicable Law and Dispute Resolution
13.1 This Agreement will be governed by English law and the courts of England and Wales will have exclusive jurisdiction over any claim, dispute or matter arising under or relating to this Agreement.
13.2 You shall have the right to submit any complaints about the services provided to you by e-mail to us. We will handle all complaints in accordance with our Complaints Handling Procedures, a summary of which is set out on the Website. We may, however, direct you to your ASPSP if your complaint relates to the services provided under the ASPSP Terms and Conditions or involves an incorrect or unauthorised payment in accordance with 6 above.
13.3 We are not responsible for any complaints or disputes about purchases made using our Payment Initiation Services. You should settle these with the person from whom you bought the goods or services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased using our Payment Initiation Services. Remember that once you have used our Payment Initiation Service to make a purchase, we cannot cancel or stop that Payment Transaction.
13.4 We are also not responsible for any complaints or disputes about products and/or services provided by the Website, other third parties, or your ASPSP Provider. You should settle these with the owner or operator of the Website, the third party, or ASPSP directly.
13.5 If you are an individual or micro enterprise and we have not replied to a duly submitted customer complaint within 15 days, then you may have a right to seek recourse from the Financial Ombudsman Service. The terms for seeking recourse from the Financial Ombudsman Service are stipulated in more detail on the website of the Financial Ombudsman Service at http://www.financial-ombudsman.org.uk.
13.6 If you are an individual you may also submit your complaint through the European Commission's Online Dispute Resolution website. The European Commission may then refer your complaint to the Financial Ombudsman Service. You can find more information at https://ec.europa.eu/consumers/odr/.
14.1 If any provisions of any Agreement are void, invalid or unenforceable, then it shall not cause the entire Agreement to be void, invalid, unenforceable or release the Parties from performing the remaining obligations of the Agreement.
14.2 Unless the right of enforcement is expressly granted, it is not intended that any provision of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
14.3 You shall not have the right to transfer any rights or obligations under any Agreement to a third party without our consent.
14.4 You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We shall have the right to assign, transfer or novate the Agreement or any rights and obligations under any Agreement to a third party without your consent.
14.5 This Agreement and other documents referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Services.
14.6 If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
14.7 Nothing in this Agreement shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and us, and/or other individuals or entities involved with providing the services under this Agreement.