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Last updated: December 2020

ORDERPAY

WEBSITE TERMS OF USE

Welcome to the OrderPay website. Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions.

Please read these terms and conditions and our related Privacy Policy carefully before you start to use this website, as these will apply to your use of the website. By using any part of our website, you confirm that you accept these terms and conditions and that you agree to comply with them. Every time you use a part of our website, please check this page to ensure you understand the terms and conditions that apply at that time. We may revise these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements so please check this page occasionally to ensure that you’re happy with any changes.

We take your privacy seriously. Please see our Privacy Policy to find out about how we collect and use your personal information and your data protection rights.

These terms were last updated on the date that appears at the top of this page.

1. USE OF OUR WEBSITE

1.1 This website is provided by Checkfer Limited, a company incorporated in England and Wales (company number 10863591), whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU. For general enquiries relating to our website, please email us at help@orderpay.com.

1.2 References on this website and in these terms and conditions to:

  • 1.2.1OrderPay”, "we", "our" or "us" shall mean Checkfer Limited; and
  • 1.2.2 "you" or "your" shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity "you" and "your" shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions and you are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

1.3 Whilst we endeavour to ensure that content on the website is accurate at the date of publication, no warranties or representations are given as to its accuracy, completeness, reliability, suitability or quality. Content may subsequently be superseded and we give no guarantees that content will be updated after the date of publication. As such, we accept no responsibility for the accuracy, completeness, reliability, suitability or quality of any content on the website and to the fullest extent permissible by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it (whether express or implied) and all liability (save in respect of death or personal injury caused by negligence and for fraud) for any loss or damage caused by using or relying upon the content appearing on this website. In particular, we will not be liable to you or any third party for any indirect or consequential loss or damage including any financial loss, loss of profit, revenue or business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation.

1.4 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

1.5 We are the owner or the licensee of all intellectual property rights in this website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.

1.6 The trade marks, logos and trade names displayed on the website ("Marks") are the property of OrderPay or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks.

1.7 We and our suppliers own the intellectual property rights in the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.

1.8 We cannot guarantee that this website will operate in accordance with your expectations or will be error free. If you are aware of any error on this website please contact us by email at help@orderpay.com and we will endeavour to correct it.

1.9 We make no claims that any material contained on the website can be lawfully viewed or downloaded outside of the United Kingdom. Access to materials may not be legal by certain persons or in certain countries. If you are accessing the website from outside the United Kingdom you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

1.10 It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the website or from any third party websites linked to this website and (b) any interruptions in your access to the website.

1.11 You must not misuse our website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.

1.12 We do not monitor or edit documents, files or commentary provided to us by other persons for posting on this website and accordingly we do not accept any responsibility for their content or for any damage or loss you may suffer. The views expressed by other users on our website do not represent our views or values.

1.13 If you decide to access any third party websites linked to this website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links merely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such websites. You may be subject to the terms of use applicable to such third party sites.

1.14 If you would like to link to this website, you may only do so with our prior written consent which may be requested by email to help@orderpay.com and subject to the following terms and conditions:

  • 1.14.1 you must not replicate this website;
  • 1.14.2 you may only link to this website in a way that is fair and does not damage our reputation or take advantage of it;
  • 1.14.3 you must not remove, distort or otherwise alter the size or appearance of the OrderPay logo;
  • 1.14.4 you must not create a frame or any other browser or border environment around this website;
  • 1.14.5 you must not create a link to any part of this website other than the homepage www.orderpay.com;
  • 1.14.6 you must not in any way imply that OrderPay is endorsing any products or services other than its own;
  • 1.14.7 you must not misrepresent your relationship with OrderPay nor present any other false information about OrderPay;
  • 1.14.8 you must not use or display on your website any trade marks or logos or any trading name of OrderPay without express prior written permission from us (and by accepting these terms you acknowledge that all rights in such trade marks, logos and trading names in all parts of the world are vested in OrderPay;
  • 1.14.9 you must not link from a website that is not owned by you;
  • 1.14.10 your website must not in any other way be indecent or inappropriate or incompatible with our reputation; and
  • 1.14.11 you will comply with any direction that we may give in relation to the link to this website and/or to the use or display of our trading names, trade marks and logos.

1.15 We expressly reserve the right to revoke our consent for you to link to our website at any time at our discretion and without notice and to direct you to remove from your website any links to this website, our trading names, trade marks and logos and, if any provisions of clause 1.14 have been breached, to take any action we deem appropriate against you.

1.16 You shall fully indemnify us and any of our group companies for breach of clause 1.14. This means that you will be responsible for any loss or damage we suffer as a result of your breach of clause 1.14.

1.17 By accessing this website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this website for your use in accordance with these terms and conditions of use. You must not modify the copies of any materials on this website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these terms and conditions of use your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

1.18 Except as expressly permitted by clause 1.17 and as may be required in order to link to our website with our prior written consent in accordance with clause 1.14, you may not (except to the extent required in order to use this website in accordance with these terms and conditions) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this website or systematically extract material from this website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this website or any document available through it without our prior written consent.

1.19 Any dispute arising between you and us in relation to this website shall be governed by English law.

1.20 If you are a consumer, please note that you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction for the purposes of any such dispute. However, if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident in Scotland you may also bring proceedings in Scotland.

1.21 If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales for the purposes of any such dispute.

1.22 If any of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

  • 1.22.1 the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
  • 1.22.2 the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.

1.23 A person who is not a party to these terms and conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

1.24 No waiver of any of these terms and conditions shall be valid unless provided in writing by us.

1.25 If you are accessing this website in the course of a business, the express provisions of these terms and conditions are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

2. OPERATOR PORTAL

2.1 Users that have been authorised under our agreement with our retail operator customers may access the operator portal via our website (“Portal”).

2.2 You must make sure that all the information relating to you registration with the Portal is true, accurate, current and complete at all times.

2.3 If any of your registration details change (e.g. email address, postal address), you must notify us promptly by contacting us at help@orderpay.com.

2.4 To help us maintain the security of the Portal, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at help@orderpay.com.

2.5 If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the Portal and/or website.

2.6 We reserve the right to delete your account and any personal data or other information associated with your use of the Portal if there is no activity on your account for more than 24 consecutive months.

2.7 Please consult the relevant operator agreement for further terms applicable to your use of the Portal.

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