Terms and Conditions

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Last updated: October 2018

These Terms and Conditions (“Terms”) apply to the use of this website at www.wearepay.uk (“Site”) by the end-user (“User”). The User agrees to be bound by these Terms and Conditions each time the website is accessed. If the User does not accept these Terms, the Site must not be used.

Pay.UK Privacy and cookies Policy also apply to the use of this Site.

www.wearepay.uk is a Site operated by Pay.UK Limited (“Pay.UK” or “the Company”). Pay.UK Limited was incorporated on 18 July 2017 in England and Wales under the company number 10872449 and has its registered office at 2 Thomas More Square, London E1W 1YN.

Pay.UK is responsible for developing and maintaining payment systems and standards in the United Kingdom.

Pay.UK, Bacs Payment Schemes Ltd, (Bacs), Cheque & Credit Clearing Company Ltd (C&CCC) and Faster Payments Scheme Limited (FPSL) are regulated by the Payment Systems Regulator. Pay.UK’s subsidiaries Bacs and FPSL are also regulated by the Bank of England as Payment System Operators (PSO).

The Information Commissioners Office is the authority in charge of data protection in the UK. The UK ICO is Pay.UK’s supervising authority in respect of personal data.

If the User has any enquiry, the Company can be contacted in writing at the above postal address or by email at press@wearepay.uk.

2. Alterations to these Terms

These Terms are amended by the Company from time to time. Every time the User wishes to use the Site, the User must check these Terms to ensure the Terms that apply at that time are understood. Continued use of the Site will be considered acceptance of any changes to the Terms. Unless explicitly stated to the contrary, any new features including new content, new products and services, or resources, shall be subject to these Terms.

3. Intellectual Property

The copyright in the design, appearance, content and all material of this website, belongs exclusively to Pay.UK Limited and its licensors unless specifically stated otherwise. An individual may copy all or part of the Site to a computer for that individual’s personal use.

The User must not otherwise reproduce any part of the design, appearance, or content of the Site in any form (except as permitted by law). All other usage is expressly prohibited without the written consent of the copyright owner.

4. Copyright Guidelines

The following guidelines apply to the reproduction of whole or part of a publication whether in hard copy and/or electronic format or otherwise:

In all instances, the User should obtain prior written permission from the communications team (press@wearepay.uk) before doing any of the restricted acts under the Copyright, Designs and Patents Act 1988 or anything which would amount to an infringement of Intellectual Property Rights in respect of all or any of the publications and/or information whether obtained from the Company in hard copy or CD-ROM or distributed online through the Site including, without limitation, any copying and/or distributing the publications and/or information in any format online or offline for internal use, use on intranets or for communication to the public.

A licence fee may be payable if the Company grants the User the right to reproduce the whole or part of a publication. Redistribution of the publications via another website is not permitted without the Company’s prior written consent.

5. Trademarks

“Pay.UK”, “Faster Payments”, “FastCheque”, “UK Payments Administration”, “Direct Debit”, “Bacs”, “BacsPay”, “Payments UK” and “PayM” are UK registered trademarks of Pay.UK Limited or its group companies. The User must not reproduce any name, logo, or trademark of Pay.UK for any purpose without the Company’s prior written approval.

Any trademarks on the Site not owned by Pay.UK Limited will be owned by third party licensors and should not be used without their permission.

6. Content and Conduct

The content available on the Site is made available for the User own personal, non-commercial use only.

When the User is contacting the Company, the Company will require to know the User’s name, email address and phone number (if the request is urgent), in order for the Company to answer the enquiry. These details constitute personal data and the Company will treat personal data as confidential and hold it in confidence. For more information on how the Company handles personal data, please read Pay.UK Privacy and Cookies Policy.

The Company follows best practice in IT security and uses encryption tools to keep data transmissions over the Site secure. However, the User acknowledges that transmissions via the Site present some risks inherent to any Internet communications and that he/she accepts such risks by communicating to the Company over the Internet.

Other than personal data, any material transmitted or posted to the Site shall be considered nonconfidential and non-proprietary, and the Company shall have no obligations in respect of such material.

The User may not misuse the Site in any manner (including, without limitation, as follows). The User must not reproduce the Company’s name, trademarks, Site appearance, and domain name or reproduce part or all of the Company’s proprietary information to send content online, via email or any digital communication. The User shall not present herself/himself as a representative of Pay.UK’s group of companies or mislead the public by presenting her/himself as connected to the Company in any manner or use the Site in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes.

The Company will take action against any communication made by the User to impersonate the Company, website, servers, domains, IP addresses or social media presence. Pay.UK expressly forbids the use of the Site or information to post or transmit any material:

a. That is unlawful or would infringe the rights of any person (for example, material that is threatening, abusive or offensive, obscene or pornographic, defamatory, seditious or inflammatory, in breach of confidence, in breach of rights of privacy), or which may cause annoyance or inconvenience to any person;

b. For which the User has not obtained all necessary licences and/or approvals;

c. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe any third party’s rights, in any jurisdiction; or

d. Which is technically harmful (including, without limitation, computer viruses, Trojan horses, worms, corrupted data or other malicious or harmful software, data or components). The Company will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and conditions.

7. Disclaimer

The Company reserves the right to make changes or corrections, alter, suspend, discontinue or terminate any aspect of the Site, and access to it, at any time immediately without notice.

The Company shall not be liable if this Site is unavailable at any time or for any period of time.

The content on the Site is provided for general information only. Although the Company makes reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. The information available from the Site is provided on an “as is” basis without any representations, warranties, conditions or any other implied Terms.

8. Using this Site

The Site is free and the Company will not charge anything for using it. The User is liable for his/her own charges in accessing the Internet. The User must only use the Site in accordance with these Terms and all applicable laws, regulations and codes of conduct and he/she agrees to be solely responsible for all consequences arising from the use of the Site.

The User warrants and undertakes that he/she will not:

Use the Site except in accordance with these Terms;
Damage, interfere with or disrupt access to the Site or do anything that may interrupt or impair its functionality;
Make or derive any commercial use or benefit from any part of the Site;
Use the Site in such a manner as would bring the Company, group of companies and/or business into disrepute;
Obtain or attempt to obtain unauthorised access, through whatever means, to the Site, other services or computer systems or areas of our networks.

The Site is controlled and operated by the Company from our offices in England. The Company makes no representations that the Site is appropriate or available for use in other locations. Those who visit the Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this Site and/or viewing of it, or use of any material or content on the Site is contrary to or infringes any applicable law in the User’s jurisdiction, the User is not authorised to view or use the Site and must exit immediately.

9. Rules about linking to the Site

The User may link to the Company’s home page, provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it. The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part where none exists.

The User must not establish a link to the Site in any website that is not owned by the User.

The Company reserves the right to withdraw linking permission without notice.

If the User wishes to link to or make any use of content on the Site other than that set out above, please contact press@wearepay.uk.

10. Indemnity

Except as expressly provided for below, the User agrees to indemnify and hold the Company, and all of its officers, employees and agents harmless from any 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 the Company in respect of any claim brought by any third party arising in respect of the User’s use or misuse of the Site.

11. Third Party Website and Content

The Site may contain links to third party websites and other resources (“Linked Sites”). The Company does not control or endorse anything appearing in the Linked Sites. The Company makes no representations about any Linked Sites the User may access through the Site whatsoever and the Company shall not be liable for any loss or damage caused 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 Linked Sites.

12. Privacy and Cookie Policy

Privacy is important to us so we have developed a privacy notice to explain how we manage and look after personal data. The EU General Data Protection Regulation (the “GDPR”) provides individuals with a number of rights including right of access to their personal information, called a “Data Subject Access Request” as well as right to rectification, erasure (right to be forgotten), restriction, objection and data portability.

If the User wants to make such an enquiry and more generally learn how the Company protects personal data, please consult Pay.UK’s Privacy and Cookies Policy.

All personal information relating to the User is subject to Pay.UK’s Privacy and Cookies Policy.

13. Security

The User acknowledges and accepts that the Site involves transmissions over the Internet and that such transmissions are therefore subject to the Internet’s inherent risks. The User acknowledges and accepts that, as with any network, there may be a risk of:

Unauthorised invasions of privacy during, or as a result of, using the Site;
System-threatening viruses and other unauthorised and invasive programs transmitted by third parties;
Unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Site;
Eavesdropping and electronic trespassing;
Fraud and forgery; and/or
Failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.

Although, the Company and its suppliers’ privacy and security features are designed to reduce these risks, the Company cannot guarantee their elimination. It is the User’s responsibility to ensure that his/her systems protect against the events listed above and otherwise comply with best practice.

14. Limitations of Liability

The Company accepts 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 the User suffers loss or damage arising out of or in connection with the viewing, use or performance of the Site other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms), the Company accepts 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 our part or our servants, agents or any other person or entity. If the Company is held liable to the User.

for any reason, the Company’s liability will be limited to either £100 or the amount paid by the User for the Product concerned, whichever is the greater.

Notwithstanding any other provision of these Terms, the Company does not attempt to exclude or limit its liability for death or personal injury resulting from its negligence or for its fraudulent representation in any way.

The limitations and exclusions in this clause do not affect the User’s non-excludable statutory rights and only apply to the extent permitted by applicable law.

15. General

No rights are conferred on any person who is not a party to these Terms.

Each provision contained in these Terms shall be severable from any other provisions, and if any part of any provision shall be found to be invalid, illegal or void for any reason such invalidity, illegality or void shall not affect any other part of such provision or any other provision contained in the Terms which shall continue to have full force and effect. Any failure or delay by the Company enforcing an obligation or exercising a right, under these Terms, does not amount to a waiver of that obligation or right or any other obligation or right.

The User acknowledges that he/she has not entered into these Terms in reliance on any statement or representation, except in so far as the representation has been incorporated into these Terms. The User irrevocably and unconditionally waives any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Terms.

The User shall not assign any of his/her rights or obligations under these Terms without the Company’s prior written consent. The Company shall have the right to assign or otherwise delegate all or any of its rights or obligations under these Terms.

These Terms shall be construed in accordance with the substantive laws of England without regard to conflict-of-laws principles and the parties hereby submit to the exclusive jurisdiction of the English courts. All notices shall be given to Pay.UK via e-mail at press@wearepay.uk or by post at 2 Thomas More Square, London, E1W 1YN; or to the User at either the e-mail or postal address provided 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 3 days after the date of posting.