Terms and conditions for the use of this site
Please read these terms and conditions carefully, they contain important information
about your rights and obligations. You can print out these terms and conditions
by clicking on the print icon on your browser.
1. Introduction
1.1 Please read these terms and conditions carefully before
using the website operated by DUE2PAY Limited. In particular, we draw your attention
to clauses 6 (Applicability of online materials) and 10 (Our Liability).
1.2 If you do not wish to be bound by these terms and conditions
then you may not use our website.
2. Nature of our website
2.1 Our website is a place for you to have access to information
submitted to DUE2PAY Limited by many content providers and which DUE2PAY Limited
makes available through the website. The content providers detail their experiences
of the payment settlement record of companies they have had business dealings
with.
2.2 Please note that our website is available only to individuals
that can form legally binding contracts under applicable law. You must be over
18 years to access the information made available through the website. If you
do not qualify, click here to
leave our website now.
3. Modifications to our website
3.1 We reserve the right to make changes or corrections, alter,
suspend or discontinue any aspect of our website or the content or services
available through it, including your access to it. Unless explicitly stated
to the contrary, any new features shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content
of our website is accurate, our website may contain typographical errors or
other inaccuracies.
4. Information you provide to us
4.1 The following applies to any information you provide to
us, for example during any registration process.
- You authorise us to use, store or otherwise process any personal information
which relates to and identifies you, including but not limited to your name
and address, to the extent reasonably necessary to provide the services which
are available through our website by us, our partners, successors, associates,
sub-contractors or other third parties (together our ‘Partner Companies’).
- If you access the content provided via our website then we may collect information
about your user behaviour and if you send us personal correspondence such
as e-mails or letters then we may collect this information into a file specific
to you (together, the various purposes set out in this paragraph and in our
privacy policy shall be known as ‘the Purposes’). All such information
collected by us shall be referred to in these terms and conditions as ‘Personal
Information’.
- You must ensure that the Personal Information you provide is accurate and
complete and that all registration details (where applicable) contain your
correct name, an address and other requested details. For more information
about how we deal with your Personal Information, please read our Privacy
Policy.
- You acknowledge that any incorrect information which you provide to us
may result in our denying you access to our website.
4.2 By accepting these terms and conditions, you agree to
the processing and disclosure of the Personal Information for the Purposes.
If you would like to review or modify any part of your Personal Information
then you should e-mail us at due2pay@due2pay.co.uk.
4.3 In addition, the following also applies to all messages,
e-mails, bulletin boards postings, ideas, suggestions, concepts or other material
submitted by you to us (‘Content’):
- you must own or have the right to submit Content for publication on our
website and all Content submitted by you must be legal, honest, decent and
truthful and comply with all applicable laws, regulations standards and/or
codes of practice;
- you must ensure that all Content submitted to us does not infringe the copyright,
design, privacy, publicity, data protection, trade mark or any other rights
of any third party, nor be obscene, abusive, threatening, libellous or defamatory
of any person or be otherwise unlawful;
- you must ensure that the Content does not advertise or otherwise solicit
for funds or is a solicitation for goods or services; and
- we have the right to monitor Content and may edit, reject or remove Content
if we believe it does not comply with the above and, in particular, we reserve
the right to block incoming emails and other Content if we believe that their
content is or maybe inappropriate or otherwise does not comply with the above.
4.4 You grant us a non-exclusive, irrevocable, royalty free
worldwide licence to publish all Content that you submit to us except any portion
of the Content that is Personal Information. You have sole responsibility for
the Content which you submit to us and you shall indemnify and shall keep us
fully and effectively indemnified on demand from and against all actions, claims,
losses, liability, proceedings, damages, costs, expenses, loss of business,
loss of profits, business interruption and other pecuniary or consequential
loss (including legal costs and expenses) suffered or incurred by us and arising
directly or indirectly out of the publication of Content submitted by you to
us.
4.5 You undertake that you will not use our website for any
purpose that is illegal or prohibited by these terms and conditions, including
without limitation the posting or transmitting of any libellous, defamatory,
inflammatory or obscene material. If you breach these terms and conditions then
your permission to use this website terminates immediately without the necessity
of any notice being given to you. We retain the right to deny access to any
person who fails to comply with these terms and conditions.
5 Security
You are solely responsible in all respects for all use of and for protecting
the confidentiality of any username, e-mail verification and password that may
be given to you or selected by you for use on our website. You may not share
these with or transfer then to any third parties. You must notify us immediately
of any unauthorised use of them or breach of security regarding our website
that comes to your attention.
6 Applicability of online materials
6.1 Unless otherwise specified all content and materials published
on our website are presented solely for your commercial use.
6.2 You assume total responsibility and risk for your use
of our website and use of all content contained within it.
6.3 We have used our best endeavours to ensure that our website
complies with UK laws. However, we make no representations that content on our
website is appropriate or available for use in locations outside the UK. Those
who visit our website from other locations do so on their own initiative and
are responsible for compliance with all applicable laws. If use of our website
and/or viewing of it, or use of any content on our website are contrary to or
infringe any applicable law in your jurisdiction(s), you are not authorised
to view or use our website and you must exit immediately.
7. Copyright and treatment of content
The contents of our website are protected by international copyright laws and
other intellectual property rights. The owner of these rights is DUE2PAY Limited,
its affiliate’s or other third party licensors. All product and company
names and logos mentioned in our website are trade marks, service marks or trading
names of their respective owners, including us. You may download content from
our website for the sole purpose of assessing the content for commercial reasons.
DUE2PAY Limited does not warrant that the content is wholly accurate as it is
provided by third party organisations. DUE2PAY Limited does not warrant that
the content should be assessed by you in isolation of other established methods
of determining the credit worthiness or history of any organisation the subject
of a posting on our website. You may not modify, copy, reproduce, republish,
upload, post, transmit or distribute, by any means or in any manner, any content
on or downloaded from our website including but not limited to text, graphics,
video, messages, codes and/or software.
8. Linked Sites
DUE2PAY Limited makes no representation whatsoever about any other websites
which you may access through our website or which may link to our website. When
you access any other website you understand that it is independent from DUE2PAY
Limited and that we have no control over the content or availability of that
website. In addition, a link to any other website does not mean that DUE2PAY
Limited endorses or accepts any responsibility for the content, or the use of,
such a website and DUE2PAY Limited shall not be liable for any loss or damage
cause or alleged to be caused by or in connection with use of or reliance on
any content, goods or services available on or through any other website or
resource. Any concerns regarding any external link should be directed to its
website administrator or web master.
9. Availability of our website
We will try to make our website available but cannot guarantee that our website
will operate continuously without interruptions or be error free and can accept
no liability for its unavailability. You must not attempt to interfere with
the proper working of our website and, in particular, you must not attempt to
circumvent security, tamper with or hack into, or otherwise disrupt any computer
system, server, website, router or any other internet connected device.
10. Our Liability
10.1 We promise that the service we provide to you through
our website will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties representations
or endorsements whatsoever with regard to our website or any content or service
provided through our website.
We will do our best to ensure that all content and information published on
our website is accurate, but please note that all content, materials and information
on our website is provided on an ‘as is’ basis and you assume total
responsibility and risk for your use of our website and use of all content contained
within it.
10.2 We accept no liability for any indirect or consequential
loss or damage, or for any loss of data, profit, revenue or business (whether
direct or indirect) in each case, however caused, even if foreseeable. In circumstances
where you suffer loss or damage arising out of or in connection with the viewing,
use or performance of our website or its contents we accept no liability for
this loss or damage (except where we have been negligent) whether due to inaccuracy,
error, omission or any other cause and whether on the part of DUE2PAY Limited
or our servants, agents or any other person or entity.
10.3 You are responsible for ensuring that your computer system
meets all relevant technical specifications necessary to use our website and
is compatible with our website. You also understand that we cannot and do not
guarantee or warrant that any material available for downloading from our website
will be free from infection, viruses and/or other code that has contaminating
or destructive properties. You are responsible for implementing sufficient procedures
and virus checks (including anti-virus and other security checks) to satisfy
your particular requirements for the accuracy of data input and output.
10.4 The limitations and exclusions in this clause do not
affect your non-excludable statutory rights and only apply to the extent permitted
by applicable law.
11. General
11.1 We may assign, transfer, novate or subcontract any or
all of our rights and obligations under these terms and conditions at any time.
11.2 We may alter these terms and conditions from time to
time and post the new version on our website, following which all use of our
website will be governed by that version. You must check the terms and conditions
on the website regularly.
11.3 These terms and conditions together with the Privacy
Policy are the whole agreement between you and DUE2PAY Limited. You acknowledge
that you have not entered into this agreement in reliance upon any statement,
warranty or representation made by DUE2PAY Limited or any other person and you
irrevocably and unconditionally waive any rights to claim damages and/or to
rescind these terms and conditions by reason of any misrepresentation (other
than a fraudulent misrepresentation) that is not contained in the terms and
conditions or privacy policy.
11.4 If any provision or term of these terms and conditions
shall become or be declared illegal, invalid or unenforceable for any reason
whatsoever, such term or provision shall be divisible from the other terms and
conditions and shall be deemed to be deleted from them.
11.5 These terms and conditions and your use of our website
are governed by English law and you submit to the non-exclusive jurisdiction
of the English court.
11.6 Neither you nor DUE2PAY Limited will be held liable for
any failure to perform any obligation to the other due to causes beyond your
or DUE2PAY Limited’s respective reasonable control.
11.7 Failure or delay by either party enforcing an obligation
or exercising a right under these terms and conditions does not constitute a
waiver of that obligation or right.
11.8 DUE2PAY Limited is registered at Companies House, registration
number is 06082213.
11.9 These terms and conditions do not confer any rights
on any person or party (other than you and/or us) pursuant to the Contracts
(Rights of Third Parties) Act 1999,]
12. Notices
12.1 All notices shall be given:
- to us via e-mail at due2pay@DUE2PAY.co.uk or by post at DUE2PAY Limited, 90
Nottingham Road, Mansfield Nottinghamshire, NG18 1BP.
- to you at either the e-mail or postal address you provide to us.
Notice will be deemed received when an e-mail is received in full (or else
on the next business day if it is received on a weekend or a public holiday
in the place of receipt) or if a letter, 3 days after the date of posting.
13. Replacement
These terms and conditions replace all other terms and conditions previously
applicable to the use of our website.
TERMS FOR SUBMISSION
OF MATERIAL
1. Nature of this Website
1.1 These Terms and Conditions (‘Terms’) apply to the website ( the
‘Website’ ) operated by DUE2PAY Limited.
1.2
DUE2PAY Limited owns, operates and manages the Website and web pages which
enables Internet users to have access to information sourced by DUE2PAY Limited
from many content providers and which DUE2PAY Limited makes available through
the Website. DUE2PAY Limited offers you the opportunity to post information
about your experience of the payment settlement record of companies you have had
business dealings with. Such information will be made available from time to
time to subscribers to the DUE2PAY Limited Website.( the ‘Subscribers’ )
1.3 DUE2PAY Limited places great
emphasis on conducting the service we offer to our Subscribers equitably,
promptly and efficiently and to deal with you fairly and honourably.
1.4 We have included here all
information reasonably likely to influence your decision or understanding about
the Website.
1.5 Please read these Terms
carefully, they contain important information about your rights and obligations. You can print out these Terms by
clicking on the print icon on your browser.
2. Acceptance of Term
2.1 Your continued use of the
Website operated by DUE2PAY Limited will be subject to these Terms. You should
read the Terms carefully every time you use the Website.
2.2 DUE2PAY Limited will only
accept your submission to the Website by electronic mail. No other entry method,
such as SMS text or post will be accepted by us.
2.3 If your submission is accepted,
we will confirm acceptance to you by online electronic means (‘Confirmation’) to
the e-mail address you have given us on registration.
2.4 By clicking on the
‘I Accept’ button at the bottom on the membership signup page, you agree to be
legally bound by these Terms as they may be modified from time to time.
2.5 If you do not wish to be bound
by these Terms then you will not be permitted to make any submission.
3. Editing Material
The Website allows you to submit
material for inclusion on the Website. Whilst DUE2PAY Limited does not control
the submission of material, we do reserve the right to delete, move and edit any
material submitted. Publication will be at our discretion.
DUE2PAY
Limited may in its sole discretion choose not to publish the material if in its
reasonable opinion it is necessary to do so for legal, technical or marketing
reasons.
4. Restricted Material
4.1 You are solely responsible for
the material you submit for inclusion on the Website and by submitting any
material you agree that you may not submit material which:
4.1.1
advertises or promotes any goods or services or otherwise solicits for funds or
is a solicitation for goods or services;
4.1.2 reveals any confidential or
sensitive information;
4.1.3 contains or links to any
unlawful, threatening or abusive, defamatory or indecent material or material
which is deliberately intended to upset other users;
4.1.4
is not legal, honest, decent and truthful and complies
with all applicable laws, regulations standards and/or codes of practice;
4.1.5 contains any material which
you do not have permission to use ( including material which may be protected by
copyright, trade marks, database rights or any other form of intellectual
property right);
4.1.6 contains viruses or any other
components with harmful or contaminating effects on the Website or any equipment
connected to it;
4.1.7 impersonates any living
person.
4.1.8 has not exhausted any
appropriate statutory time limits required by court rules and which has not
otherwise complied with the law relating to the recovery of monies due to a
claimant in any legal proceedings.
4.2 The Website offers
you a forum to submit material and you agree to be responsible for all our
losses arising out of any breach by you of these Terms.
4.3
DUE2PAY Limited has the right to monitor material submitted ( though not the
legal obligation) and may edit, reject or remove material if we believe it does
not comply with these Terms and, in particular, we reserve the right to block
incoming emails and other material if we believe that their content is or maybe
inappropriate or otherwise does not comply with these Terms.
5 Licence to Use Material
By
submitting material to the Website you are granting us a perpetual royalty free
non exclusive licence through the Website to reproduce, modify, transmit,
translate, make available, distribute and display and allow others to use any
material you submit in whole or in part or in any form all in accordance with
this Agreement. Such licence includes the right for DUE2PAY Limited to make any
alterations to the material technically required to make the material available
to the Subscriber via the Website.
6 Term and Termination
6.1 This
Agreement shall commence on the date you first submit material and shall
continue from year to year thereafter until or unless terminated by either party
giving to the other not less than one weeks’ prior written notice subject always
to prior termination as hereinafter specified.
6.2
We may terminate your access
to the Website at any time if you are found in breach of any of these Terms.
7 Contact
In the
event of any problems with the material submitted by you, DUE2PAY Limited may
liaise with the contact person whose name, email address and other contact
details are provided by you. Any
changes of contact must be communicated to DUE2PAY Limited by email. DUE2PAY Limited will use its best
endeavours to ensure that such enquiries are restricted to critical problems
with the material.
8
Security
You are
solely responsible in all respects for all use of and for protecting the
confidentiality of any username, e-mail verification and password that may be
given to you or selected by you for use on the Website. You may not share these with or
transfer them to any third parties.
You must notify DUE2PAY Limited immediately of any unauthorised use of them or
breach of security regarding the Website that comes to your attention.
9 User Profile
Please note that the Website is
available only to individuals that can form legally binding contracts under
applicable law. Although the
contents of the Website are aimed at Subscribers aged 18 and above, you must be
over 18 years to submit material to the Website. If you do not qualify, click here to leave the Website now.
10 Considering This Website
If you are an employee of an
organisation please check whether you must obtain the consent of your employer
to use the Website and if your employer operates an email and internet use
policy.
11 Information you provide to DUE2PAY
Limited
11.1 The following applies to any
information you provide to DUE2PAY Limited when submitting material to the
Website.
11.2 You authorise us to use, store
or otherwise process any personal information which relates to and identifies
you, including but not limited to your name and address, to the extent
reasonably necessary to provide the service which is available through the
Website by us, our partners, successors (including the purchaser of the whole or
part of our business), associates, sub-contractors or other third parties
(together our ‘Partner Companies’).
11.3 If you choose to submit
material to the Website we may collect information about your user behaviour and
if you send us personal correspondence such as e-mails or letters then we may
collect this information into a file specific to you (together, the various
purposes set out in this paragraph and in the Privacy Policy shall be known as
‘the Purposes’). All such
information collected by us shall be referred to in these Terms as ‘Personal
Information’.
11.4 You must ensure that the
Personal Information you provide is accurate and complete and that all
registration details contain your correct name, an address and other requested
details. For more information about
how we deal with your Personal Information, please read our Privacy Policy on
the Website.
11.5 Your identity will be
determined on the basis of all or any combination of the following; name,
mailing address, email address, IP address, computer and any other forms of
identification which may be required.
11.6 By accepting these Terms, you
agree to the processing of the Personal Information. If you would like to review or modify
any part of your Personal Information then you should e-mail us at
due2pay@due2pay.co.uk.
12 Accessing the Website
You are responsible for ensuring
that your computer system meets all relevant technical specifications necessary
to submit material and is compatible with the Website. You also understand that DUE2PAY
Limited cannot and does not guarantee or warrant that any material available
from the Website will be free from infection, viruses and/or other code that has
contaminating or destructive properties.
You are responsible for implementing sufficient procedures and virus
checks (including anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input and output.
13
Modifications to Website
13.1
DUE2PAY Limited reserves the right to make changes or corrections, alter,
suspend or discontinue any aspect of the Website or the content or services
available through it, including your access to it. Unless explicitly stated to the
contrary, any new features including new content shall be subject to these
Terms.
13.2
Please note that although we try to ensure that the content of the Website is
accurate, the Website may contain typographical errors or other inaccuracies.
14
Copyright, Trade Marks, Domain Names and other Intellectual Property Rights
14.1 You
acknowledge that any and all copyright, trade marks, domain names and other
intellectual property rights subsisting in or used in connection with the
Website are and shall remain the property of DUE2PAY Limited ( or there
respective owners) and you shall not during or after expiry or termination of
these Terms in any way question or
dispute the ownership thereof by DUE2PAY Limited.
(b) You
shall not during or after the expiry or termination of these Terms, without the
prior written consent of DUE2PAY Limited, use or adopt any domain name, trade
mark, trade name, trading style or
commercial designation that includes or is similar to or may be mistaken for the
whole or any part of any domain name trade mark, trade name, trading style or
commercial designation used by DUE2PAY Limited.
Linked Sites
DUE2PAY
Limited makes no representation whatsoever about any other websites which you
may access through the Website or which may link to the Website. When you access any other website you
understand that it is independent from DUE2PAY Limited and that we have no
control over the content or availability of that website. In addition, a link to any other
website does not mean that DUE2PAY Limited endorses or accepts any
responsibility for the content, or the use of, such a website and DUE2PAY
Limited shall not be liable for any loss or damage cause or alleged to be caused
by or in connection with use of or reliance on any content, goods or services
available on or through any other website or resource. Any concerns regarding any external
link should be directed to its website administrator or web master.
Availability
of the Website
DUE2PAY
Limited will try to make the Website available but cannot guarantee that the
Website will operate continuously without interruptions or be error free and can
accept no liability for its unavailability.
You must not attempt to interfere with the proper working of the Website
and, in particular, you must not attempt to circumvent security, tamper with or
hack into, or otherwise disrupt any computer system, server, website, router or
any other internet connected device.
10. General
You must not allow any
other person to submit material to the Website other than in accordance with
these Terms.
We are not responsible for any
submission to the Website you complete that may be lost during the submission
process
You
undertake to indemnify DUE2PAY Limited and keep DUE2PAY Limited at all times
fully indemnified from and against all actions, proceedings, claims, demands,
costs (including without prejudice to the generality of this provision legal
costs of DUE2PAY Limited on a solicitor and own client basis), awards and
damages however arising directly or indirectly as a result of any breach or
non-performance by you of any of your undertakings, warranties or obligations
under these Terms.
You
agree to indemnify and keep indemnified DUE2PAY Limited from and against any
third-party or user claims against DUE2PAY Limited arising from or relating to
the material you submit to the Website or DUE2PAY Limited’s use thereof.
The limitations and
exclusions in these Terms do not affect your non-excludable statutory rights and
only apply to the extent permitted by applicable law.
You acknowledge that you have not
entered into these Terms in reliance upon any statement, warranty or
representation made by us or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to rescind these Terms
by reason of any misrepresentation (other than a fraudulent misrepresentation)
that is not contained in these Terms, the Website Terms or Privacy Policy.
You will
be responsible for your own costs of delivery or transmission of the material to
DUE2PAY Limited and shall bear all costs associated with any change to the
material, made upon the reasonable request of DUE2PAY Limited.
DUE2PAY
Limited has used its best endeavours to ensure that the Website complies with UK
laws. However, we make no
representations that materials on the Website are appropriate or available for
use in locations outside the UK.
Those who visit the Website from other locations do so on their own initiative
and are responsible for compliance with all applicable laws. If use of the Website and/or viewing
of it, or use of any material or content on the Website or services, or products
offered through the Website or services, or products offered through the Website
are contrary to or infringe any applicable law in your jurisdiction(s), you are
not authorised to view or use the Website and you must exit immediately.
No
partnership or agency is created by these Terms and neither party shall
represent otherwise.
We may assign, transfers, novate or
subcontract any or all of our rights and obligations at any time.
Failure
or neglect by DUE2PAY Limited to enforce at any time any of the provisions
hereof shall not be construed nor shall be deemed to be a waiver of DUE2PAY
Limited’s rights hereunder nor in any way effect the validity of the whole or
any part of these Terms nor prejudice DUE2PAY Limited’s rights to take
subsequent action.
Unless
expressly provided otherwise the provisions of the Contracts (Rights of Third
Parties) Act 1999 shall not apply to these Terms and no provision of these Terms
shall confer any right on any third party.
If any provision or term of these
Terms shall become or be declared illegal, invalid or unenforceable for any
reason whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deleted from them.
DUE2PAY Limited
CONTACT:
DUE2PAY Limited, 90 Nottingham Road, Mansfield, Nottinghamshire, NG18 1BP
Telephone : 01623489420
Email:
due2pay@due2pay.co.uk
Or to such other address, facsimile number or email
address as DUE2PAY Limited may hereafter specify in writing. Notices delivered
by hand or sent by email or facsimile shall be deemed received the first working
day following such delivery or sending. Notices shall be deemed received on the
second working day following posting.
Law
The parties hereby agree that these Terms shall be construed
in accordance with English Law.
11.
Force Majeure
Neither you nor we will be held liable to the
other for any failure to perform any obligation due to causes beyond your or our
respective reasonable control.
