TERMS AND CONDITIONS OF PAY HERE LIMITED (TRADING AS loveadmin.com)

This is our terms and conditions page. Please read what we’ve written as it sets out what you can expect from us when you use the Site and vice versa.

These terms and conditions do change from time to time and we suggest that you visit this page each time you look at the site to review any changes. This version of the terms and conditions was produced in May 2018.

By entering the Site you are accepting these Terms and Conditions

GENERAL TERMS

1. AGREEMENT

These Terms and Conditions are meant to form the basis of the agreement between us and both you and we agree to be bound by what they say.

They comprise the following sections:

For the purposes of this Agreement:

  • is Pay Here Limited, Company Reg No 08441319, a company registered in England and Wales whose registered office is at Yew Tree House, Lewes Road, Forest Row RH18 5AA.
  • Your is a visitor to the Site.
  • is the entity entering in to the Agreement.
  • is a user or member of the Organisation whose Personal Data is being processed by us.

2. YOUR PROMISES TO US

You agree that:

  • 2.1 You have the right to enter into these Terms and Conditions with us and that you are over the age of 18 years.
  • 2.2 You will have only one Account with us for each Organisation of which you are User.
  • 2.3 Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name and that we have the right to insist that you change a username if we think it breaks this term.
  • 2.4 You won’t use robots, spiders, scrapers or similar things on the Site.
  • 2.5 You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
  • 2.6 You won’t do anything that might cause our systems to crash.
  • 2.7 You won’t steal the Site or any part of it for use in any other site or application.
  • 2.8 You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
  • 2.9 You won’t copy, imitate or use the software, trademarks and/or designs and/or layout or anything else on or available through the Site which would usually amount to intellectual property and which we own.

3. INTELLECTUAL PROPERTY

  • 3.1 Either we or our business partners or affiliates own all of the information and intellectual property we publish on the Site.
  • 3.2 Unless we give you the right, you don’t have the right to copy or use any of the information or intellectual property we publish on the Site except where it is necessary to use the Site.
  • 3.3 If you post any text or image on the Site you warrant that you have the undisputed right to use the same and grant us without further fee a licence to use the same in whatever form we decide for the promotion of the Site or any other site we may own or control.

4. ACCOUNTS

  • 4.1 When you access your Account you promise that:
    • 4.1.1 All information you submit is accurate and truthful.
    • 4.1.2 You will keep this information accurate and up-to-date.
    • 4.1.3 You will not share your Account with anyone else.
    • 4.1.4 You will keep your Account details confidential.
    • 4.1.5 You will not give your username or password to anyone else.
    • 4.1.6 You will log off when you exit your Account – if you leave it open then other people may be able to use it to your disadvantage.
  • 4.2 We have the right (but not the obligation) to cancel your Account at any time if we think that you have broken any of these Terms and Conditions.
  • 4.3 You agree to indemnify and hold us harmless without limit against all costs, losses, claims, demands, proceedings, damages, penalties, liabilities and expenses of any kind, and whether in tort or contract, threatened, claimed or awarded against or otherwise incurred by us and those who represent us (or any of them) arising out of or in connection with these Terms and Conditions or the performance or non-performance of services you contract to provide or your negligent acts or omissions and whether occasioned by your negligence or otherwise unless caused by our wilful misconduct or negligence.

5. FORUMS/REVIEWS

When using any forums or review facilities we may put up on the Site you agree to abide by the following rules:

  • 5.1 You must not use obscene or vulgar language.
  • 5.2 Nothing you submit can be unlawful or otherwise objectionable and you must not use the Site to publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
  • 5.3 Nothing you submit may be designed to promote violence.
  • 5.4 All of your posts must be in English.
  • 5.5 You must not post links to other sites which may break these rules.
  • 5.6 You can’t use any forum to advertise.
  • 5.7 You must not impersonate anyone else.
  • 5.8 You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
  • 5.9 We have the absolute right to moderate all posts on the Site and to remove any post that we do not want.
  • 5.10 When you submit a post you are warranting that you are the author of that post and that you own or have the right to use all the intellectual property rights associated with it and you agree that we may use your post for any reason, in whole or in part and in any manner we choose without paying you, telling you or acknowledging you as the owner.
  • 5.11 When viewing posts, you accept that we are not the author and that any views expressed do not necessarily represent our views.
  • 5.12 If you see a post which you find objectionable tell us as soon as you can and we will consider whether or not it should be removed.

6. PRIVACY AND COOKIES

We both agree that our Privacy and Cookie Policy forms part of these Terms and Conditions.

7. DISCLAIMERS

  • 7.1 We are not the agent of the Organisation or of the User. The service we offer is solely that of an administration and payment portal.
    • 7.1.1 As a User, we have no control over whether the Organisation will provide the service that you may be paying for;
    • 7.1.2 we are responsible for monies paid only when they are in our hands and if you authorise payment out of our hands of any nature you are acknowledging that as soon as we have carried out your request our responsibility has ended; and
    • 7.1.3 we make no warranty that any payment we process has been paid legitimately or otherwise.
  • 7.2 We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
  • 7.3 We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
  • 7.4 We don’t give advice on the Site and you must not rely on what we say when you make any decisions. If you need to make a decision on any issue on which we provide comments, you agree to seek full professional advice first.
  • 7.5 We take all reasonable effort to test material and functionality before placing it on the Site. In the very unlikely event of any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site, we cannot be held responsible for any loss.
  • 7.6 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions ‒ so you agree that you will read and understand them before using those sites.

8. AVAILABILITY OF THE SITE

  • 8.1 We do not guarantee that the Site will be available all the time and if it is not available for any reason you can’t hold us responsible for anything you lose as a result.
  • 8.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.

9. LIMITATION OF LIABILITY

As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk but nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

10. LINKS TO OTHER WEBSITES

  • 10.1 We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.
  • 10.2 Because we link to another site does not mean that we endorse or recommend that site.
  • 10.3 We can never guarantee that a link will work.10.4 If you find any link we offer to be offensive, please let us know and we will consider removing it.

11. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

  • 11.1 We’ve already said this but we need to make it clear that these Terms and Conditions will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result, you MUST come back to this page to make sure that we haven’t changed these Terms and Conditions. Whenever you access the Site, you are confirming to us that you are aware of any changes.
  • 11.2 We also have the right to change the Site as and when we want to but these Terms and Conditions will still apply to any changes we make.

12. GENERAL MATTERS

  • 12.1 These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
  • 12.2 We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
  • 12.3 These Terms and Conditions supersede any previous terms and conditions between us in relation to the matters dealt with in them and represent the entire understanding between us.
  • 12.4 Time will not be of the essence in any part of the agreement between us.
  • 12.5 All parties acknowledge and agree that they have not entered into any agreement with us in reliance on anything said or promised by the other which is not in these Terms and Conditions.
  • 12.6 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
  • 12.7 If either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
  • 12.8 These Terms and Conditions contain the entire understanding between us.

SERVICE TERMS ‒ USER

1. THE SERVICE

  • 1.1 Provision of the Service will commence on the date agreed between you and the Organisation.
  • 1.2 We may, at our sole discretion, alter, improve or otherwise modify the Service.
  • 1.3 We will use reasonable endeavours to ensure that the Service is provided to you on a constant, uninterrupted basis throughout the duration of our agreement with the Organisation.
  • 1.4 We will have no liability for downtime or interruptions to the Service where such downtime or interruptions are the responsibility of a third party, including any service provider we use.

2. YOUR OBLIGATIONS AND UNDERTAKINGS

  • 2.1 You may not use the Service for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:
    • 2.1.1 distribution of computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
    • 2.1.2 distribution of pirated material including, but not limited to, software, videos, music and written works; and
    • 2.1.3 distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
  • 2.2 You undertake to remove any activity that falls within the provisions of Clause 2.1 without delay.

3. PAYMENT REFUNDS

  • 3.1 We will process payment refunds only when authorised by the Organisation and have no responsibility to you to make any such refunds which are the sole responsibility of the Organisation.
  • 3.2 The processing of certain refunds by the service providers we use make take up to 60 days and we have no responsibility for any delay.

4. DATA PROTECTION

Protection of your Personal Data for the Service is governed by GDPR and we are a Data Processor for your Organisation. Any enquiries you may have concerning your Personal Data should be submitted to your Organisation, in the first instance.

5. LIMITATION OF OUR LIABILITY

  • 5.1 Subject to the remainder of this Clause 5, and to the fullest extent permitted by law, we will not be liable to you or to any third party, whether in contract or tort (including negligence) for any loss or damage, direct or indirect, whether foreseeable or otherwise (including any indirect, consequential, special or exemplary damages) arising from:
    • 5.1.1 interruptions or downtime to the Service;
    • 5.1.2 any damage, loss or corruption of data unless we have caused such damage, loss or corruption;
    • 5.1.3 any incompatibility of our systems with any of your own equipment (or that of any third party);
    • 5.1.4 any inability, on your part, to use the Service (including, but not limited to, failure to follow reasonable instructions provided by us);
    • 5.1.5 the loss of confidentiality caused by the storage of information on the internet.
  • 5.2 Nothing in these Terms and Conditions will exclude or restrict liability for:
    • 5.2.1 death or personal injury resulting from our negligence or that of our employees or agents;
    • 5.2.2 fraud or fraudulent misrepresentation;
    • 5.2.3 any loss resulting from our failure to use reasonable skill and care, from our gross negligence, or from our wilful misconduct.

6. WARRANTY DISCLAIMER

Subject to the provisions of these Terms and Conditions, we give no further warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

7. YOUR INDEMNITY

You will fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments that we may incur or be subject to as a result of any of the following:

  • 7.1 your misuse of the Service;
  • 7.2 your breach of these Terms and Conditions;
  • 7.3 your negligence or other act of default.

8. CONFIDENTIALITY

  • 8.1 Except as provided by Clause
  • 8.2 or as authorised in writing by the other Party, each Party will, at all times during the continuance of the Agreement and its termination:
    • 8.1.1 keep confidential all Confidential Information;
    • 8.1.2 not disclose any Confidential Information to any other party;
    • 8.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
    • 8.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and8.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 above.
  • 8.2 Either Party may:
    • 8.2.1 disclose any Confidential Information to:
      • 8.2.1.1 any sub-contractor or supplier of that Party;
      • 8.2.1.2 any governmental or other authority or regulatory body; or
      • 8.2.1.3 any employee or officer of that Party or of any of the aforementioned persons, parties or bodies,
        to such extent only as is necessary for the purposes contemplated by these Terms and Conditions (including, but not limited to, the provision of the Service by us), or as required by law. In each case that Party will first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 8.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 8, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
    • 8.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of your acceptance of these Terms and Conditions, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
  • 8.3 The provisions of this Clause 8 will continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.

9. FORCE MAJEURE

Neither Party to the Agreement will be liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

10. TERM AND TERMINATION

The Service will be available to you as long as we are providing it to the Organisation but we reserve the right to remove your Account, without notice, if you break any of these Terms and Conditions.

11. NO WAIVER

No failure or delay by either Party in exercising any of its rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these Terms and Conditions will be deemed to be a waiver of any subsequent breach of the same or any other provision.

DEFINITIONS


  • loveadmin.com

  • means the account created by your Organisation.

  • means the agreement which comes into effect when you use the Service

  • means any comment left having used the Service

  • means the Company’s secrets or confidential information and extends to all knowledge and information relating to the Company’s business, organisation, finances, and clients and its affairs and all and any Personal data supplied by you to the Company

  • has the meaning attached to it by GDPR

  • means the General Data Protection Regulation EU 2016/679

  • has the meaning attached to it by GDPR

  • means the user or member of the Organisation whose Personal Data is being processed by us

  • means the payment collection and other services we offer through the Site

  • means the entity entering in to this Agreement.

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