1.1 These Website Terms and Conditions (the “Terms”) set out the basis on which TraffikPay Limited (“TraffikPay”, “we”, “us” or “our”) provides access to and use of the TraffikPay website and related online forms and funnels (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you must not use the Site. These Terms apply to business users only.
1.2 In these Terms, “Client” means any business user who accesses the Site or submits information through our funnels to request introductions to payment solution providers. “PSP” means any bank, payment institution, electronic money institution, card acquirer, gateway, processor or other payment solution provider to whom we may introduce a Client. “Introduction” means any introduction, referral or presentation of a Client or its requirements to a PSP by us via any medium.
1.3 TraffikPay operates as an introductions brokerage only. We are not a bank, electronic money institution, payment institution, card acquirer, or money service business. We do not process, hold, safeguard, or transmit funds and we do not provide regulated payment services to Clients. Our role is limited to gathering information from Clients, sharing such information with selected PSPs, and facilitating introductions so that Clients and PSPs may contract directly.
1.4 The Site and our introductions service are made available solely to businesses acting in the course of trade. You confirm that you are not acting as a consumer and that you have authority to bind the business you represent.
1.5 We do not guarantee that any PSP will be available, willing, or permitted to onboard the Client or to offer any terms. Any decision to engage rests solely with the Client and the PSP. Timeframes for assessment, underwriting, onboarding and go-live are matters for the PSP and outside our control.
1.6 We are not a party to any agreement between a Client and a PSP. We do not negotiate or approve PSP terms, and we do not provide legal, tax, or regulatory advice. Clients must conduct their own due diligence and obtain independent advice before entering into any PSP agreement.
1.7 You warrant that all information, documents and data you submit via the Site, including in any funnel or form, are true, accurate, complete and not misleading, and that you have obtained all necessary consents and authorisations to provide such information. You agree to keep your information up to date and to promptly notify us of any material changes.
1.8 You acknowledge that we and PSPs may conduct identity, sanctions, PEP, adverse-media, fraud, credit and other checks and may request further documentation. We may decline to proceed with an Introduction at our discretion if information is incomplete, inaccurate, or raises material risk.
1.9 You instruct and authorise us to share the information you submit, including contact details, business model details, processing history, volumes, pricing requirements and risk information, with one or more PSPs and related service providers for the purpose of assessing and arranging a potential onboarding. You acknowledge that PSPs may be located outside the Isle of Man and the United Kingdom and that transfers may occur to jurisdictions that do not provide the same level of data protection. You also acknowledge that our Site and related databases may be hosted in any region offered by our cloud providers (for performance and compliance reasons), which may involve international transfers. Our use of personal data is further described in our Privacy Notice, which forms part of these Terms.
1.10 Use of cookies and similar technologies on the Site (including any preference centre) is governed by our Cookie Notice. Where required by law, non-essential cookies are used only with your consent, which you may withdraw at any time via the preference centre.
1.11 We will treat non-public information you provide as confidential and will only disclose it for the purposes set out in these Terms, to comply with law or regulator requests, to our professional advisers, or where it enters the public domain other than through our breach. PSPs and their partners will apply their own confidentiality and privacy terms directly with you.
1.12 Where we process personal data as a processor on your behalf (for example, where you instruct us to handle data strictly on your documented instructions), our Data Processing Agreement applies and is incorporated by reference into these Terms. PSPs to whom we introduce you process personal data as independent controllers under their own notices.
1.13 Our remuneration is typically paid by the PSP under a referral or affiliate arrangement. Unless we expressly agree otherwise in writing with you, no fees are payable by you to us for an Introduction. Any pricing, reserves, fees, or charges applicable to your processing are a matter between you and the PSP.
1.14 For any PSP to whom we Introduce you, you agree that for a period of twelve months from the Introduction you will not circumvent us by contracting or continuing with that PSP (or its group entity offering the same service) without reasonably recognising our role. Recognition may be satisfied by the PSP paying us under our referral arrangement. This clause does not oblige you to proceed with any particular PSP.
1.15 You must not misuse the Site, attempt unauthorised access, introduce malware, or use the Site in connection with unlawful, misleading, harmful or infringing activity, including activity that violates card-scheme rules, sanctions, anti-money-laundering laws, gambling regulations, consumer-protection or advertising standards in any jurisdiction.
1.16 All intellectual property rights in the Site, its content, design and software are owned by us or our licensors. You are granted a revocable, non-exclusive, non-transferable licence to access and use the Site for the purpose of seeking an Introduction. No other rights are granted.
1.17 The Site may contain links to third-party sites and materials. We do not endorse and are not responsible for any third-party sites, content, terms or policies. Your dealings with PSPs and other third parties are at your own risk.
1.18 The Site and any information provided are made available “as is” without any warranty. We do not warrant that any PSP terms are the best available, that onboarding will succeed, or that services will be uninterrupted, secure or error-free. To the fullest extent permitted by law, all implied terms are excluded.
1.19 Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot be limited under law. Subject to the foregoing, in relation to all events occurring in any twelve-month period, our aggregate liability arising out of or in connection with the Site, an Introduction or these Terms, whether in contract, tort or otherwise, shall be limited to the higher of one hundred thousand pounds (£100,000) and one hundred per cent (100%) of the total referral fees actually received by us from the relevant PSP in respect of your account during the twelve months preceding the event giving rise to the claim. We are not liable for indirect or consequential loss, loss of profit, revenue, goodwill, data, or business interruption.
1.20 You shall indemnify us and hold us harmless against claims, losses, damages, costs and expenses arising from any breach by you of these Terms or of applicable law, or from information you supply that is inaccurate, incomplete or unlawful.
1.21 We may update the Site and these Terms from time to time. Material changes will be effective upon posting. Updates to the Privacy Notice and Cookie Notice will also be posted on the Site and take effect upon posting unless stated otherwise. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
1.22 We may suspend or terminate your access to the Site or decline to proceed with an Introduction at any time where we reasonably consider it necessary for compliance, security, legal or risk reasons, or where you breach these Terms.
1.23 You consent to receive communications from us electronically via the Site or email and agree that such communications satisfy any legal requirement that such communications be in writing.
1.24 These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Isle of Man. The courts of the Isle of Man shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
1.25 These Terms constitute the entire agreement between you and us regarding the Site and Introductions and supersede all prior understandings relating to the same subject matter. Nothing in this clause limits liability for misrepresentation.
1.26 If any provision of these Terms is held to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
1.27 A failure or delay to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy.
1.28 You may not assign, transfer or subcontract your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to an affiliate or as part of a corporate reorganisation or sale.
1.29 Formal notices to TraffikPay must be sent by email to the contact address stated on the Site and will be deemed received on the next business day in the Isle of Man after transmission.
TraffikPay Limited