Terms & Conditions for Guardians.

This agreement is between you and Nimbyx and covers your use of Bytewise to pay for and manage your child's school meals and related items. It explains what you can expect from us, what we need from you, and your rights while you hold a Guardian Account.

Before you begin

Please read this agreement before you activate your Bytewise Account. It sets the terms for your use of Bytewise and of the Guardian Account payment service. When you activate your account, or carry on using Bytewise, you confirm that you have read, understood and accepted these terms. The agreement is solely between you and us.

Who Nimbyx is: Nimbyx Limited ("Nimbyx") is the company that owns and runs Bytewise. We build software and services for schools and other educational settings, and we operate only in the United Kingdom.

What Bytewise is: Bytewise is the online meal-ordering and top-up system that Nimbyx owns and runs.

Company details: Nimbyx Limited is a private limited company registered in England and Wales (company number 17288718), with its registered office at Rose House, Old Sawmill Place, Bell Lane, Little Chalfont, Amersham, Buckinghamshire, HP6 6FA.

Please remember - Bytewise is a tool. Bytewise is software and, like any software, it can occasionally get things wrong, be interrupted or behave unexpectedly, and it depends on data and systems supplied by others (including schools, Operators, the Wonde integration and our payment partner). So far as the law allows, Nimbyx is not responsible for any inaccuracy, error, omission, loss or outcome that results from using or relying on the system or the data within it, or from any fault, failure or downtime. You use Bytewise, and rely on what it shows you, at your own risk.

1. The words we use

2. What this agreement covers

2.1 This agreement is written and provided only in English, and we will communicate with you in English about Bytewise.

2.2 We may contact you by email, through Bytewise, or by App notification, to send notices or information about your Bytewise Account - so please keep your email address up to date in Bytewise.

2.3 This agreement is solely between you and us.

3. What Bytewise does

3.1 We provide online software and related services to Schools in the UK so that guardians can book and pay for meals, and so that Schools can communicate with guardians.

3.2 Once you have activated your Bytewise Account (through Bytewise or the App), you can see information published by your child's School and make Guardian Payments to the School.

3.3 The Guardian Account is the payment service through which you make Guardian Payments to a School. We provide the payment service, but we are not responsible for the items a School offers for sale. When you use the Guardian Account you accept that the contract for any goods or services you pay for - and any recourse about them - is solely between you and the School.

3.4 Limits may apply to Bytewise and the Guardian Account, and may change from time to time, as set out in our Fair Use Policy.

3.5 Card and online payments are processed on our behalf by our Payment Agent, Worldpay.

3.6 We are not responsible for the items a School lists for Guardian Payments, for the content a School enters into Bytewise, or for the content of messages a School sends through Bytewise.

4. How your account is set up

4.1 Your Bytewise Account is created from the information your child's School shares with us through Wonde, the School's secure data-integration provider. The email address held for you in the School's management information system (MIS) - and synced to us by Wonde - is the address used as your login. You do not set this address within Bytewise; if it is wrong or out of date, it must be corrected in the School's records so the change syncs through to us.

4.2 To use your account you activate it and choose a secure password. Keep your password private, don't share it, and pick something that isn't easy to guess. Change it immediately if you think someone else may know it, and tell us straight away if you believe anyone has accessed, or tried to access, your account.

4.3 You may only hold a Bytewise Account if you live in the UK, your child is on roll as a Pupil at a UK-registered School, and you have parental responsibility for that child (or permission from someone who does). We may ask for proof, and may withdraw access if it isn't provided or if we cannot satisfactorily verify your identity and address from the information you or your School give us.

4.4 We provide Bytewise on the basis of the Information we hold, so please keep it accurate and up to date. By activating or continuing to use your account, you agree that we may use your Information to: confirm your identity; prevent and detect crime, fraud and money laundering; deliver and administer the service you signed up for; improve and develop the products and services we offer; carry out research and statistical analysis of payment and usage patterns; meet our legal and regulatory duties; and for any further purpose set out in this agreement or our Privacy Notice.

4.5 We will not sell your Information or pass it to third parties, other than to our own service partners and only to run the service, as explained in our Privacy Notice.

4.6 You are responsible for keeping your account and password safe, for everything done through your account, for the accuracy of the Information provided from it, for the Guardian Payments and Transactions made through it, and for any fees or charges it incurs.

5. Adding funds (Loads)

5.1 The card or account you use to add funds must be one you are legally entitled to use, and must be registered in your name at the address we hold.

5.2 Card payments are handled by our Payment Agent, Worldpay, and are usually credited immediately after your card authorises the transaction. Direct bank (BACS) transfers can take a few working days to arrive. Occasionally a payment may take longer to reach your Guardian Account.

5.3 You don't have to keep a balance, and it can be zero, but it can never fall below zero - there is no credit facility. The Guardian Account is for paying for your child's meals and items, not for holding funds for other purposes, and it earns no interest. If we cannot collect funds for a Load from your bank or card, we may reverse any Guardian Payments those funds were meant to cover and tell your School.

5.4 Minimum and maximum limits may apply to Guardian Payments, Loads and balances, as set out in the Fair Use Policy from time to time. We may reject anything outside those limits, or apply a fee as set out in that policy.

5.5 Any balance we hold for you is kept in Pounds Sterling in a dedicated Holding Account at a UK bank, ring-fenced from our business accounts, protected from our creditors, and covered by the Prudential Regulation Authority Deposit Guarantee Scheme run by the Bank of England.

5.6 We may end your access to Bytewise and refund your balance at any time, for a valid reason, in line with this agreement.

6. Paying for meals and items, and taking money out

Paying for meals and items

6.1 A payment works in two steps: first a Load to your Guardian Account, then a Guardian Payment from that balance to buy a meal or product through Bytewise. We add the funds to your balance before deducting the cost of the purchase as it is processed.

6.2 The full Transaction Amount of each purchase (including any fees) is taken from your balance when you place the order. If your balance is short, we use whatever balance you have and ask you to Load at least the difference.

6.3 If we do not deduct an amount at the time of purchase, we may still take it later, and you remain responsible for paying any shortfall.

6.4 If a Transaction is processed for more than your balance - even because of a system error - you must repay the difference as soon as we notify you. If you do not, we may take any step necessary, including legal action, to recover what is owed.

6.5 We treat a Guardian Payment as genuinely yours if it is made from your account using your email-and-password login, or from the App registered to you. Anything done by someone you have given access to is treated as authorised by you.

6.6 Once a Guardian Payment is authorised, we transfer the funds as instructed and cannot change or cancel it, and we cannot issue refunds ourselves. To request a refund, contact your School; if the School agrees one (in full or in part), we will usually credit your balance once the School has processed it. Refunds follow a 'last in, first out' order, as set out in our Fair Use Policy.

6.7 If a payment or Load is later disputed, we may hold your access and balance while we investigate. Our responsibility for a Load is limited to correctly crediting your balance with the amount we instruct your bank to take.

6.8 If you later accept that a disputed transaction was valid, we may charge a reasonable administration fee (as set out in the Fair Use Policy) to cover our costs.

6.9 If a card issuer upholds a chargeback, we may charge an administration fee to cover our costs and reduce your balance by the disputed amount. If that would take your balance below zero, you must repay the difference as soon as we notify you, and we may take any step necessary, including legal action, to recover it.

6.10 We report suspected fraud to the appropriate authorities and may share transaction data and Information with relevant parties to help prevent and detect crime.

Taking money out (withdrawals)

6.11 You can ask to withdraw funds from your Guardian Account online in Bytewise. A withdrawal cannot be more than your balance, and a minimum may apply depending on how you originally paid. Withdrawals within the Fair Use Policy are free.

6.12 Free withdrawals may be limited in number and subject to a minimum amount under the Fair Use Policy. Withdrawals beyond that, or below the minimum, may attract a fee, which we take from your balance or from the amount being withdrawn.

6.13 When you request a withdrawal, we deduct the amount from your balance straight away, so it can no longer be spent.

6.14 We normally return funds to the same card or account used to Load, following the order set out in the Fair Use Policy. It is your responsibility to enter withdrawal details correctly; if they are wrong, your withdrawal may be misdirected and it is your responsibility to recover it from any third party.

6.15 We may carry out reasonable fraud checks before paying a withdrawal. You will normally receive funds within 3 working days and no later than 10, though timing can depend on your original Payment Method. Where a delay is outside our control, our only responsibility is to show we processed the withdrawal.

6.16 If we have reasonable grounds to think you may not be entitled to a withdrawal, we may investigate first, including contacting your School. If we need more information or extra security checks, we will contact you, and any delay in your response may slow the withdrawal.

6.17 We will not pay a withdrawal to an account that is not in your name, to a bank account or debit card where you originally paid by credit card, where we lack sufficient information, or where our Security or Anti-Money-Laundering policies, the law, a court order or a regulator prevent it. If in doubt, we may return the funds to you through your child's School.

6.18 If, after a withdrawal, we find further Guardian Payments, fees or charges have been applied to your account, we will invoice you and you must repay us promptly; if you do not, we may take any step necessary, including legal action, to recover it.

7. Meals, allergens, dietary requirements and other pupil information

7.1 Bytewise gives Schools and their Operators the tools to set up, price and manage school meals and meal balances. Not every feature is available at every School, and in some cases a meal balance may not be shown if the School does not make that information available to Bytewise in a supported way.

7.2 By using Bytewise you agree that the appropriate amounts for meals taken can be deducted from the relevant balance. The amounts due are those the School sets and records in Bytewise.

7.3 We do not set meal prices or make charging decisions - those are for the School or its Operator. Please raise any query about meal pricing or charges with your School.

7.4 Allergen and dietary information is held and managed within Bytewise. Bytewise can automatically block meals that conflict with any of the 14 major allergens defined by the Food Standards Agency (FSA); anything outside those categories must be handled with your Operator. Allergen and dietary needs must be set using the on-screen options - a free-text note on its own will not stop an unsuitable meal being chosen. Always confirm allergen information directly with your School or Operator before your child eats.

7.5 A pupil's allergen and dietary information is health information and counts as "special category" data. For this information your School is the data controller and Nimbyx is its data processor - we hold and process it on the School's instructions, as set out in our Privacy Notice and in the Bytewise Data Processing Agreement between Nimbyx and your School. You can view this information in Bytewise and add further detail at any time, and you can ask the School to add or amend detail on request.

7.6 If a meal charge is posted late, that does not reduce what you owe for meals taken; the charge will still be applied to the balance under the agreement you give in this section.

7.7 Where your child's School approves the relevant Wonde permission, Bytewise also receives your child's medical records from the School's MIS. This is health information and counts as "special category" data: the School is the data controller and Nimbyx is its data processor. It is shown, read-only, to authorised staff at your child's School or its Operator to help them support and safeguard your child - for example, awareness of a medical need relevant at mealtimes. It does not replace the allergen and dietary controls in this section, which are managed within Bytewise. If a medical record is wrong or out of date, it must be corrected in the School's records, which are the source.

7.8 Where your child's School approves the relevant Wonde permission, Bytewise also receives your child's photograph from the School's MIS. It is displayed only to authorised staff at your child's School or its Operator, solely to visually confirm your child's identity - for example at the till. It is never published, never shared outside the School and its Operator, and never used for automated or biometric recognition.

8. Closing your account

8.1 You can close your Bytewise Account at any time. We will return any remaining Guardian Account Balance using the withdrawals process in section 6.

8.2 If your child no longer attends a School, you do not have to close your account. Your child's data will be archived and then deleted in line with our Privacy Notice. If you have other children starting at the same or a different School, you can keep your account and balance, and your login stays active.

8.3 Any remaining balance stays yours for six years from the Last Activity Date. Within that period you can request a withdrawal online or by contacting Customer Services. After six years from the Last Activity Date we will not return any remaining funds and this agreement will end.

8.4 If you close your account and withdraw your whole balance, this agreement ends - but our right to collect anything you still owe survives.

9. Your responsibilities

9.1 You agree to use Bytewise, the Guardian Account and any other service we provide strictly in line with this agreement.

9.2 You are responsible for keeping your account safe, and for the accuracy of the Information provided through it, including keeping it up to date.

9.3 You remain fully responsible for all use of your account and the Guardian Account service, for every Guardian Payment authorised from your account, and for settling anything owed as a result of using Bytewise and the Guardian Account.

9.4 You must not copy the Nimbyx Website or Bytewise without our written permission, infringe our or anyone else's intellectual property, use your access to help build a competing product or service, let a third party use your access for that purpose, or use the service for any business or commercial purpose.

9.5 You agree to take reasonable steps to avoid drawing us into any claim about Nimbyx Products or your use of them, and to indemnify us against the costs of enforcing this agreement or dealing with any breach of it or fraudulent use of your account.

10. Our responsibilities and the limits of our liability

10.1 We provide the service subject to your statutory rights, but otherwise without any warranty or condition, express or implied, except as this agreement specifically states.

10.2 We will use reasonable efforts to provide the service accurately and on time and to keep it available; to keep any balance we hold safe in a ring-fenced Holding Account at a UK bank; to ensure card payments are processed by providers holding valid PCI-DSS certification; to keep our systems and data secure to appropriate industry standards; and to comply with the Data Protection Act and protect your Information as set out in section 13.

10.3 We do not guarantee the service will always be available and are not responsible for downtime or difficulty in accessing it.

10.4 As noted at the start of this agreement, Bytewise is a software tool that can experience errors, interruptions or unexpected behaviour and relies on data and systems provided by others. So far as the law allows, we are not responsible for any inaccuracy, error, omission, loss or outcome arising from using or relying on Bytewise or the data within it, or from any fault, failure or downtime. You use Bytewise at your own risk.

10.5 Nothing in this agreement limits our liability for death or personal injury caused by our negligence, or for fraud.

10.6 Subject to section 10.5, our liability under this agreement (in contract, tort including negligence, breach of statutory duty or otherwise) is limited as follows:

• 10.6.1 we are not liable for any failure caused, directly or indirectly, by anything beyond our control - including an inability to process Guardian Payments or meal payments, an inability to exchange data with School systems, or the failure of any data-processing systems (including those of third parties);
• 10.6.2 we are not liable for loss of profit, goodwill, business, contracts, revenue or anticipated savings, or for any indirect, consequential, special or punitive loss, even if we were warned it was possible;
• 10.6.3 if Bytewise is faulty due to our default, our liability is limited to providing a new Bytewise Account or, at our choice, refunding your balance;
• 10.6.4 if we wrongly deduct from your balance due to our default, our liability is limited to correcting your balance; and
• 10.6.5 in all other cases of our default, our liability is limited to refunding your balance.

10.7 So far as the law allows, all conditions and warranties implied by law or statute are excluded.

10.8 These exclusions and limits also apply to any liability our suppliers, contractors, agents, distributors and their affiliates may have to you in connection with this agreement.

11. Changes to this agreement

11.1 We may change this agreement by telling you by email (if you have given us an up-to-date address), by a Bytewise notification, or through the App.

11.2 Changes take effect on the earlier of 30 days after the updated agreement is published on the Nimbyx Website, or your next use of Bytewise after it is published.

11.3 If you don't agree with a change, you can end this agreement within that period and, using section 6, withdraw your balance without charge. If you don't cancel during that period, you are treated as accepting the changes.

12. Suspending or ending this agreement

12.1 We can end this agreement at any time by giving you two months' notice and refunding your balance without charge.

12.2 We can end this agreement immediately if you have breached it (or we reasonably believe you have), if you use or intend to use Bytewise in a grossly negligent, fraudulent or otherwise unlawful way, or if we can no longer process Transactions because of the actions of third parties.

12.3 We can suspend your access immediately (until the issue is fixed or the agreement ends) if information you gave us was incorrect, if a Transaction is disputed or reversed without our consent, if your balance goes below zero and you don't fix it promptly after we tell you, if you breach this agreement, if we reasonably believe you have or intend to misuse Bytewise, or if we cannot process your transactions because of third-party actions.

12.4 If we suspend or end your access, we will tell you beforehand where we can, and otherwise as soon as possible afterwards - unless doing so would harm an investigation or conflict with good industry practice. We may let anyone involved in a Transaction know, including your School.

12.5 Subject to section 8, you can end this agreement at any time by contacting Customer Services.

12.6 If further fees are found to have been incurred after termination, you must repay us any amount relating to Bytewise, including valid fees or charges applied before or after termination. We will invoice you and you must repay promptly; if you don't, we may take any step necessary, including legal action, to recover it.

13. How we use your information

13.1 You may give us Information (including Personal Information) in connection with Bytewise, the Guardian Account or other Nimbyx Products. Some of it is necessary for us to provide the service under this agreement.

13.2 We are committed to handling your Information in line with data protection law and taking reasonable steps to keep it secure against unauthorised access, loss, disclosure or destruction, as set out in our Privacy Notice. Except where the law or this agreement requires, we will not pass your Information to anyone without your permission. We may ask for proof of identity, and may use an identity-verification agency, before or after your account is activated.

13.3 You agree we can use your Information to provide the service under this agreement. This may involve sharing it with our partners, agents and suppliers to process transactions and for their research and analysis. We may also disclose it where the law, a regulator or a competent authority requires, or to investigate suspected fraudulent, unlawful or unauthorised activity.

13.4 You have the right to see the Information we hold about you, free of charge. Please see our Privacy Notice for more detail.

14. Other important terms

14.1 If we delay or don't exercise a right, that is not a waiver of it and does not prevent us exercising it later.

14.2 If any part of this agreement is found unenforceable or unlawful, the rest continues in force.

14.3 You may not transfer your rights or obligations under this agreement, and you are the sole party to the contract with us. You remain liable until everything owed is paid. We may transfer or subcontract our rights and obligations at any time without notice.

14.4 No one who is not a party to this agreement has the right to enforce it.

14.5 This agreement is governed by English law, and you agree to the exclusive jurisdiction of the courts of England and Wales.

15. Getting in touch

15.1 For help with Bytewise, email us at parentsupport@nimbyx.co.uk (monitored 8:30am to 6:30pm, Monday to Friday). For general queries about Nimbyx, email support@nimbyx.co.uk. You can also write to us at Nimbyx Limited, Rose House, Old Sawmill Place, Bell Lane, Little Chalfont, Amersham, Buckinghamshire, HP6 6FA.

15.2 We aim to respond within a reasonable time, though it may take a little longer at busy periods. More information is available on the Nimbyx Website and in Bytewise.

16. Related policies

16.1 Please read this agreement alongside our other policies, each available on the Nimbyx Website: our Privacy Notice; the Bytewise Terms of Use; our Cookie Policy; and the Bytewise Data Processing Agreement (for schools).

17. Parent company ownership

17.1 Nimbyx Limited has a parent company, Rocket Rose Holdings. Although Rocket Rose Holdings holds an interest in Nimbyx, no customer data is shared with, or accessible by, the parent company or its staff. Only employees of Nimbyx Limited have appropriate access to customer data.