Definitions

The definitions used in the Agreement between you and Payoma
v.26.04.2023
  1. 1. The definitions used in the Agreement between you and Payoma have the meaning as follows:
    1. 1.1. Agreement – ollectively all our terms and policies accepted by you and governing relationship between you and us in respect of provision of the Services to you. The Agreement is formed by no less than the following terms and policies collectively:
      1. 1.1.1. The Terms,
      2. 1.1.2. The Privacy Policy,
      3. 1.1.3. The Definitions,
      4. 1.1.4. The List of the Approval-required Transactions,
      5. 1.1.5. The List of the Fees,
      6. 1.1.6. The List of the Prohibited Transactions,
      7. 1.1.7. The List of the Restricted Territories.
  1. The Agreement can include other terms and policies (e.g. Business Terms, IBAN Account Terms) depending on the nature of your Payoma Account and on Payoma services you are using.
  2. Any contradictions between parts of the Agreement will be solved as laid down in the Terms (please see Clause 2.6 of the Terms).
    1. 1.2. AML/CTF – anti-money laundering and counter terrorist financing.
    2. 1.3. Approval-required Transactions – transactions that you are permitted to fund, pay for, securitise or otherwise make dependent or link to your use of Payoma Account and Services in general only subject to our prior approval. Approval-required Transactions are listed in the List of the Approval-required Transactions.
    3. 1.4. Business Client – Payoma client who is using Payoma Account for business purpose or for both business purpose and private purposes.
    4. 1.5. Business Terms – terms of use of your Payoma Account for business purpose.
    5. 1.6. Chargeback – any claim to cancel or reverse a transaction made using payment card or any other Payment Method. This definition includes also an act of exercising such claim.
    6. 1.7. Complaints Policy – our complaints policy laying down terms how we internally review complaints.
    7. 1.8. Customer Support – our customer support, which you can reach by sending a message through the “Support” facility in your Payoma Account or on the Website.
    8. 1.9. Definitions – these definitions as a part of the Agreement.
    9. 1.10. Device – a computer, tablet, smartphone, or any other device you are using to access your Payoma Account.
    10. 1.11. e-Wallet – your electronic money account with Payoma.
    11. 1.12. FCA – the Financial Conduct Authority of the United Kingdom, www.fca.org.uk
    12. 1.13. Fees – the fees we charge you for using our Services.
    13. 1.14. FOS – the services provided by the United Kingdom Financial Ombudsman Service, details of which can be found at www.financial-ombudsman.org.uk.
    14. 1.15. IBAN Account – your account with Payoma having International Bank Account Number (IBAN).
    15. 1.16. IBAN Account Terms – terms of use of your IBAN Account. 
    16. 1.17. Identification Data – any data such as login, password etc. we use to identify you as our client to access and use your Payoma Account and any of our Services.
    17. 1.18. Inactive Account – status of your Payoma Account receives if the Services you have used had no qualifying transactions for 1 (one) month. For the purpose of this definition the following transactions (payments) qualify:
      1. 1.18.1. To and from Third Parties,
      2. 1.18.2. Uploading funds to your e-Wallet(s),
      3. 1.18.3. Withdrawing funds from your e-Wallet(s).
    1. The following transaction do not qualify:
      1. 1.18.4. Paying Fees,
      2. 1.18.5. Any other transactions between you and Payoma,
      3. 1.18.6. Chargebacks, refunds and related transactions,
      4. 1.18.7. Any enforcement-caused transactions (i.e. when transaction is made because some authority like court ordered it to be made and not because you have made it).
    2. 1.19. List of the Approval-required Transactions – the list containing the Approval-required Transactions.
    3. 1.20. List of the Fees – the list containing Fees. The List of the Fees is not exhaustive and the Fees may be laid down by other rules and policies as well.
    4. 1.21. List of the Prohibited Transactions – the list containing the Prohibited Transactions.
    5. 1.22. List of the Restricted Territories – the list containing the Restricted Territories.
    6. 1.23. Payment Method – bank transfer, payment cards and other payment instruments.
    7. 1.24. Payoma – Payoma Limited, English company incorporated under company number 09016606, having its registered office at Level 18 40 Bank Street, London, E14 5NR, United Kingdom, www.payoma.com.
    8. 1.25. Payoma Account – your account with Payoma as a platform we use to provide to you our Services.
    9. 1.26. Privacy Policy – our privacy policy governing the processing of personal data.
    10. 1.27. Private Client – Payoma client who is using Payoma Account only for private purpose.
    11. 1.28. Prohibited Transactions – transactions that you are not permitted to fund, pay for, securitise or otherwise make dependent or link to your use of Payoma Account and Payoma services in general. Prohibited Transactions are listed in the List of the Prohibited Transactions.
    12. 1.29. Restricted Territories – territories whose residents and temporarily located persons are restricted from using Payoma accounts and using any other services we offer. Restricted Territories are listed in the List of the Restricted Territories.
    13. 1.30. Services – payment services and related services we provide to you.
    14. 1.31. Terms – terms of use of your Payoma Account.
    15. 1.32. Third Party – a person that is neither you nor Payoma.
    16. 1.33. Unique Identifier – email, IBAN or any other information or a set of information of the recipient (payee) that we determine as being minimum and sufficient means to identify recipient and to distinguish it from any other recipient. We may determine and from time to time at our sole discretion review what information or set of information is considered Unique Identifier. We may determine that the Unique Identifier for any Service or for any particular case is different.
    17. 1.34. We, us – Payoma.
    18. 1.35. Website – Payoma’s website available at www.payoma.com.
    19. 1.36. You – you as our client.
  1. 2. Throughout the Agreement, unless the other intention appears:
    1. 2.1. A reference to a Section, Clause, paragraph or Schedule is a reference to a Section, Clause, paragraph or Schedule of the respective part of the Agreement.
    2. 2.2. Any reference in this Agreement to gender shall include all genders, and words imparting the singular number only will include the plural and vice versa unless it is provided explicitly otherwise.
    3. 2.3. A reference to a day will mean calendar day unless it is described as a “business day”.
    4. 2.4. A reference to a business day will mean the day that’s is not:
      1. 2.4.1. Saturday or Sunday, and
      2. 2.4.2. Public (bank) holiday in the United Kingdom.
    5. 2.5. A reference to a person will include individuals, legal persons, other bodies corporate, unincorporated associations, partnerships, authorities, trusts or any other entities or organisations
    6. 2.6. Expression of an amount in words will prevail over expression of that amount in digits.
    7. 2.7. General words (such as ‘including’, ‘e.g.’ etc.) will not have a restrictive meaning because they are followed by examples.
  2. 3. These definitions and principles of interpretation apply to all parts of the Agreement. If in any part of the Agreement some of the definitions set out above are defined differently than here, such different definition will apply only to that part of the Agreement.