Terms & Conditions

Terms and Conditions

1 ACCEPTANCE OF TERMS

1.1 Your access to and use of PayPrompt.co.uk ("the Website") and the Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

1.2 PayPrompt.co.uk reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 THE SERVICES

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3 CHILD SUPERVISION

PayPrompt.co.uk is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

4 USER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify PayPrompt.co.uk of any unauthorised use of your password or account or any other breach of security. In no event will PayPrompt.co.uk be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

5 ACCEPTABLE USE

5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. PayPrompt.co.uk does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. PayPrompt.co.uk will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.2 In using the Website/Services you agree not to:

5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, abusive, harassing or unlawful;

5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

5.2.4 abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

5.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

5.2.7 collect or store personal information about others, including email addresses; ( Personal information is defined as: data which relate to a living individual who can be identified

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession, of the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;)

5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

5.2.9 impersonate any person or entity for the purpose of misleading others;

5.2.10 violate any applicable laws or regulations;

5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

5.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

5.2.14 attempt to send any of the emails to yourself, or to persons to whom they were not intended, for the purpose of increasing your own advert/activity ranking, or for the purpose of gaining points to which you are not entitled. Abuse of this regulation will result in immediate termination of membership without refund.

5.3 PayPrompt.co.uk has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable. All offer adverts will be subject to PayPrompt 'approval' to ensure there is no content which breaches these terms and condition. HOWEVER this does not in anyway imply that PayPrompt has in some way approved the service or product being offered. Shoppers must at all times ensure themselves to be satisfied with the details of any offer before accepting it, and will indemnify PayPrompt against any responsibility, for any losses, resulting from the acceptance of a PayPrompt Member's offer.

6 TERMINATION

PayPrompt.co.uk has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. PayPrompt.co.uk may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that PayPrompt.co.uk shall not be liable to you or any third party for any termination of your access to the Website/Services.

7 LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that PayPrompt.co.uk is not responsible for the content or availability of any such sites.

8 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

9.2 PayPrompt.co.uk does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting PayPrompt.co.uk a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

10 INDEMNITY

You agree to indemnify and hold PayPrompt.co.uk and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against PayPrompt.co.uk by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by PayPrompt.co.uk in consequence of your breach of these Terms and Conditions.

11 DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.2 To the extent permitted by law, PayPrompt.co.uk will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

11.3 PayPrompt.co.uk makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PayPrompt.co.uk for death or personal injury as a result of the negligence of PayPrompt.co.uk or that of its employees or agents.

11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

12 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

GENERAL TERMS AND CONDITIONS

1 ACCEPTANCE OF TERMS

Your access to and use of PayPrompt.co.uk ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

PayPrompt.co.uk reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that PayPrompt.co.uk shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to PayPrompt.co.uk or otherwise used by PayPrompt.co.uk as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use, other than it's intended commercial use in assisting with your business credit control. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, PayPrompt.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 PayPrompt.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PayPrompt.co.uk for death or personal injury as a result of the negligence of PayPrompt.co.uk or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold PayPrompt.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against PayPrompt.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF SALE

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Services incorporating these Terms and Conditions;

1.4 "Services" means the Services that the Buyer agrees to buy from the Seller;

1.5 "Seller" means PayPrompt.co.uk of add;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Services shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 ORDERING

3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Services ordered by the Buyer are not available the Buyer shall be notified and given the option to either wait until the Services are available or cancel the order and receive a full refund.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described within the website.

4 PRICE AND PAYMENT

4.1 The Price of the Services shall be that stipulated on the Seller’s Website. The Price is exclusive of VAT.

4.2 The total purchase price, including VAT and delivery charges will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Services. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.

4.4 Payment of the Price plus VAT must be made in full before activation of the Services.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2 The Seller reserves the right to withdraw any Services from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Services from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Services, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY

The Seller warrants that the Services will at the time of activation correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Services for the Buyer’s purpose.

8 DELIVERY

8.1 Services supplied within the UK will normally be activated the next working day following receipt of payment.

8.2 Services supplied outside the UK will normally be activated the next working day following receipt of payment.

8.3 Where a specific activation date has been agreed, and where this activation date cannot be met, the Buyer will be notified and given the opportunity to agree a new activation date or receive a full refund.

8.4 The Seller shall use its reasonable endeavours to meet any date agreed for activation. In any event time of activation shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated activation date.

8.5 Notification of activation of the Services shall be made to the Buyer’s email address specified in the order and the Buyer shall make all arrangements necessary to fully activate the Services whenever they are tendered for activation.

8.6 Title and risk in the Services shall pass to the Buyer upon activation of the Services.

9 CANCELLATION AND RETURNS

9.1 The Buyer shall inspect the Services immediately upon activation and shall notify the Seller within 60 days of activation if the Services are not required or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Services.

9.2 Where a claim of defect or damage is made the Services shall be discontinued. The Buyer shall be entitled to a full refund.

9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 7 working days of receipt of the Services. You will receive a refund of all monies paid for the Services.

9.4 Services to be terminated must clearly show the order number obtained from the Seller on the sales invoice.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Services and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to change these Terms and Conditions at any time.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.