Terms and Condition

The following are the terms and conditions of use of the Compare card processing website. Please read these terms and conditions carefully before you use the Compare Card Processing website. By using the Compare Card Processing website, you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Compare card processing website.

PARTIES

This Agreement is made between you the customer (“Customer”) and Compare card processing which is a trading name of Savepay Limited registered in the UK having its registered office at Save Pay Ltd, 19 Winstanley Road, Wellingborough, NN8 1JD

In this Agreement, unless the context otherwise requires:

“Internet” means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”);

“Law” means any law, statute or regulation, guideline or code of conduct (whether having the force of law) in any jurisdiction to which Compare card processing or the Customer is from time to time subject;

“Service” means the service provided by Compare card processing via the Compare card processing website whereby the Customer may obtain impartial information on the Providers and the services and products they offer and, potentially transact with the Providers for the provision of those services and/or products;

“Software” means any proprietary software utilised by Compare card processing to enable the Customer to use the Service;

“Provider” means any Provider of services, products and/or goods selected by Compare card processing from time to time and who is listed on the Compare card processing website.

Compare card processing reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line.

PROVISION OF THE SERVICE

Use of the Compare card processing website is currently free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.

The Customer shall be responsible for transmitting all payments due to Providers on the terms agreed with the relevant Provider and Compare card processing shall have no responsibility for transmission of payments to a Provider.

Certain Providers will require details of the Customer’s credit or debit card and the Customer hereby agrees to provide such details to Compare card processing where necessary and to the forwarding of such details by Compare card processing to the relevant Provider.

PAYMENT

Use of the Compare card processing website is currently free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.

The Customer shall be responsible for transmitting all payments due to Providers on the terms agreed with the relevant Provider and Compare card processing shall have no responsibility for transmission of payments to a Provider.

CUSTOMER’S OBLIGATIONS

The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include the creation of a password, to have access to saved searches.

The Customer warrants that all information provided on registration and during this Agreement is true, complete and accurate and that the Customer shall promptly inform Compare card processing of any changes to such information.

Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify Compare card processing if any authorised third party becomes aware of that password.

The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer’s agent for the purposes of transacting via the Service. The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Compare card processing website, information and content on the Compare card processing website, any database operated by Compare card processing and Software shall remain the property of Compare card processing and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.

No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.

Compare card processing, Compare card processing.co.uk and the Compare card processing logo are trademarks of Compare card processing. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Compare card processing.

Compare card processing grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

TERMINATION

Compare card processing shall be entitled to suspend the Services and/or terminate this Agreement if:

(i) Compare card processing suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Compare card processing or any Provider.

The right to terminate this Agreement shall not prejudice any other right or remedy of Compare card processing in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

LIMITATION OF LIABILITY

Compare card processing will use its reasonable endeavours to ensure that information provided to it by Providers is accurate but Compare card processing does not guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information which is provided to the Customer by any Provider and/or is accessed or obtained by the Customer via the Compare card processing website or otherwise through using the Service.

you agree that Compare card processing will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:

(i) any use of the Service, the Compare card processing website or its contents;

(ii) any failure or delay in any component of the Compare card processing website, the provision of the Service or the provision by any Provider of its goods, products or services to the Customer;

(iii) any use of or reliance upon any information, material, software, products or services obtained through the Compare card processing website or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Providers); or

(iv) any transaction or agreement between the Customer and any Provider or any attempt to enter into a transaction or an agreement with any Provider, in all cases even if Compare card processing has been forewarned of the possibility of such loss or damage.

NO PARTNERSHIP / AGENCY

Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Compare card processing and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

DATA PROTECTION

Compare card processing shall comply with all applicable data protection laws in the UK. For a description of how Compare card processing uses personal data please contact us at enquiries@cardmachine.co.uk

ASSIGNMENT

The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Compare card processing shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.

FORCE MAJEURE

Compare card processing shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

ENTIRE AGREEMENT AND NO WAIVER

This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.

No waiver by Compare card processing of any future defaults, whether of a like or distinctive character. No granting of time or other forbearance or indulgence by Compare card processing to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

NOTICES

This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.

No waiver by Compare card processing of any future defaults, whether of a like or distinctive character. No granting of time or other forbearance or indulgence by Compare card processing to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.