Website Terms and Conditions
   

 

  

Card Watch Website Terms and Conditions

Welcome to the Card Watch website and all the information, services and products that are provided through it and which is currently located at www.cardwatch.org.uk but as it may vary from time to time (the "Site").

Before using the Site you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be legally bound by the following terms and conditions (the "Terms"). If you do not agree to abide by these Terms you should not access or use the Site in any way.

These terms should be read in conjunction with our Website Privacy Policy that sets out how we collect and use your personal information.

In these Terms, "we", "our" and "us" means Card Watch, care of APACS (Association for Payment Clearing Services) and/or its service company APACS (Administration) Limited (registered number 1935025 and VAT number 397229118) and their successors and assignees. "you" and "your" means any natural or legal person who uses the Site and each entity on whose behalf they act.

1. USING THE SITE

1.1 The Site is free and we will not charge you for using it. You are liable, however, for all charges incurred in accessing and using the Site and where relevant for paying the telephone charges at the rate publicised by the operator with whom you make your local calls.

1.2 You must only use the Site in accordance with these Terms and all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all consequences arising from your use of the Site.

1.3 You warrant and undertake that you will not:

1.3.1 use the Site except in accordance with these Terms;

1.3.2 sub-license, assign or subcontract any part of your rights or obligations under the Terms;

1.3.3 use or permit the use of the Site for any illegal purpose;

1.3.4 reproduce or re-transmit any part of the Information in any form without our prior written consent (except to the extent expressly provided in these Terms). "Information" means any information or content made available in any form on the Site including without limitation Publications, training materials, information, data, statistics, software, graphics, artwork, text, audio, video, animation and images;

1.3.5 damage, interfere with or disrupt access to the Site or do anything that may interrupt or impair its functionality;

1.3.6 make or derive any commercial use or benefit from any part of the Site;

1.3.7 use the Site in such a manner as would bring us, our organisation and/or business into disrepute;

1.3.8 obtain or attempt to obtain unauthorised access, through whatever means, to the Site, other services or computer systems or areas of our networks;

1.3.9 make available, upload or distribute by any means any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software in connection with your use of the Site;

1.3.10 use the Site in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes; or

1.3.11 post any infringing, defamatory, obscene or other unlawful information to any community, discussion or chat area of the Site where applicable.

1.4 The Site is controlled and operated by us from our offices in England. We make 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 your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.

1.5 From time to time the Site may contain competitions that we run ("Competitions"). In relation to Competitions you should be aware of the following:

1.5.1 you must be over the age of 18 to enter these Competitions;

1.5.2 the Competition may have its own specific terms and conditions that shall be available on the Site (where applicable) and they shall amend the content of this clause 1.5;

1.5.2 all Competitions are free to enter but you may only enter a Competition once;

1.5.3 all Competitions are subject to a closing date after which no entries will be accepted;

1.5.3 Competition winners are selected at our discretion following the Competition closing date;

1.5.4 winners will be notified by email following their selection;

1.5.5 it is your responsibility to ensure that the contact details and email address held by us are valid and correct;

1.5.6 prizes can only be despatched on confirmation of receipt of notification from the winner, who will be asked to confirm their postal address;

1.5.7 all prizes must be claimed within 90 days. Thereafter the prize claim will be void and the prize will be redrawn and offered to another participant;

1.5.8 winners may be required to take part in additional promotional activity;

1.5.9 prizes are subject to availability. In the event of unavailability an alternative prize of similar value and specification will be substituted in our discretion;

1.5.10 prizes may not be swapped for an alternative prize or cash; and

1.5.11 our decision as to the winner of all Competitions is final and incontestable.


2. SUSPENSION AND TERMINATION OF SERVICE
We reserve the right to make changes or corrections, alter, suspend, discontinue or terminate any aspect of the Site, and your access to it, at any time immediately without notice.

3. INDEMNITY
Except as expressly provided for below, you agree to indemnify and hold us, and all of our 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 us in respect of any claim brought by any third party arising in respect of these Terms and/or the Site and/or the Information provided to you and/or your use or misuse of the Site.

4. CONTENT

4.1 We licence you to use the Information in order to view it for your own personal, non-commercial use only.

4.2 All right, title and interest to the Intellectual Property Rights which subsist or may subsist in the Information and/or the Site vests in us (or third party licensors) and subject to 4.1 above, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the Intellectual Property Rights provided by us to you in any way without our prior written consent. "Intellectual Property Rights" means all present and future intellectual property rights world-wide however arising and in whatever media, whether or not registered, including without limitation, patents, trade marks, design rights, copyright, database rights, service marks, trade names and rights in know-how and confidential information.

4.3 "APACS", "Direct Debit" (registered trade mark number 1459221) and "Money Mark" (registered trade mark number 9125927) are registered and unregistered trade marks of APACS (Administration) Limited. You are not permitted to use any trade marks, service marks and/or other trade names or any logos, page headers, custom graphics or button icons used by us on the Site from time to time without our prior written consent.

4.4 If we do not own any trade marks on the Site these will be owned by third party licensors.

4.5 Copyright guidelines for use by you of our Publications and Information

The following guidelines apply if you wish to reproduce the whole or part of a Publication and/or the Information whether in hard copy and/or electronic format or otherwise:

4.5.1 In all instances, you should obtain prior written permission from us (www.cardwatch.org.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 us in hard copy or CD-ROM or distributed by us 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 we grant you the right to reproduce the whole or part of a Publication and/or the Information.

4.5.2 Redistribution of the Publications and/or Information via another website is not permitted without our prior written consent.

4.6 Links to Third Party websites: the Site contains links to third party websites and other resources ("Linked Sites"). We do not control, sponsor, endorse, approve or accept any responsibility for anything appearing in the Linked Sites (nor in other sites referred to in or linked to the Linked Sites) nor for any content, goods or services available through them. We make no representations about any Linked Sites you may access through the Site whatsoever and we 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.

4.7 Content you provide to us: All information relating to you is subject to our Website Privacy Policy that is available for review at Card Watch Website Privacy Policy.

4.7.1 In addition, the following also applies to all messages, e-mails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to us ("Content"):

4.7.1.1 you must own or have the right to submit Content for publication on the Site and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards or codes of practice; and

4.7.1.2 you must ensure that all Content submitted to us does not infringe copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, and is not obscene, abusive, threatening, libellous or defamatory of any person; and

4.7.1.3 you must ensure that the Content does not advertise or otherwise solicit for either funds or goods or services.

4.7.2 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 e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

4.7.3 You grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide licence to publish all Content which you submit to us except any portion of the Content that is Personal Information (as defined in our Website Privacy Policy).

4.7.4 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.

5. ALTERATIONS TO THESE TERMS

We reserve the right to amend these Terms, in whole or in part, at any time and you will be notified of the same by our posting of such Terms on the Site. Your continued use of the Site after any changes have been posted on the Site will be considered acceptance of any changes. Unless explicitly stated to the contrary any new features including new content, our provision of new products and services, or resources shall be subject to these Terms.

6. ORDERING PUBLICATIONS ON THE SITE

6.1 To order any publication advertised on the Site ("Publication") you will need to contact us via email at cardwatch@apacs.org.uk, telephone us on 08705 500005, fax us on 01293 522227 or write to us at Mercury House, Triton Court, 14 Finsbury Square, London EC2A 1LQ. In the case of a faxed or written order you must send us a copy of the order form available on the Site. In the case of all other orders you will need to communicate to us all of the required information on the order form (whether by email or over the phone).

6.2 Any times or dates stated on the Site or by one of our employees for delivery of the Publications are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.

6.3 All advertisements for goods or services on our Site are merely invitations to treat, and may be withdrawn by us at any time. We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by ('Confirmation') to the address you have given us on ordering. The order will then be fulfilled either at the time of Confirmation or within 30 days of Confirmation.

6.4 You undertake that all details you provide to us for the purpose of ordering Publications which may be offered by us on the Site will be correct.

6.5 If you have any complaints, you should direct them to us via e-mail at cardwatch@apacs.org.uk or by post at Mercury House, Triton Court, 14 Finsbury Square, London EC2A 1LQ.

7. SECURITY

7.1 You acknowledge and accept that the Site involves transmissions over the Internet and that such transmissions are therefore subject to the Internet's inherent risks. You acknowledge and accept that, as with any network, you may be exposed to:

7.1.1 unauthorised invasions of privacy during, or as a result of, using the Site;

7.1.2 system-threatening viruses and other unauthorised and invasive programs transmitted by third parties;

7.1.3 unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Site;

7.1.4 eavesdropping and electronic trespassing;

7.1.5 fraud and forgery; and/or

7.1.6 the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.

7.2 Although, we and our suppliers' privacy and security features are designed to reduce these risks, we cannot guarantee their elimination. It is your responsibility to ensure that your systems protect against the events listed in 7.1 and otherwise comply with best industry practice. You also acknowledge that no transmission via the Site shall be deemed confidential and that we shall not be liable for any breach of confidence arising as a result of such event.

8. RELIANCE ON INFORMATION

Because the Site is provided by means of website and telecommunication systems (including local loop network providers and other connectivity arrangements over which we have no control) you acknowledge and agree that:

8.1 We will try to make the Site available but cannot guarantee that the Site will operate continuously or be error free (there may be, without limitation, errors in software used to provide the Site and the Information and errors caused by telecommunications links) and we shall be under no liability for the consequences arising from any such error or the reliance by you upon the Site.

8.2 Time shall not be of the essence in relation to our delivery and/or provision of the Site including without limitation provision of the Information and/or Publications.

8.4 You should independently verify all Information, figures and rates provided on the Site prior to your use of such Information, figures and rates. We may change, update or correct any such Information, figures or rates at any time without notice. Please note that the Site may contain typographical errors and other inaccuracies.

9. LIMITATIONS OF LIABILITY

9.1 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Publications, the Site or any Information provided through the Site.

9.2 We will do our best to ensure that the Publications, all materials and Information published on the Site are accurate, but please note that all content, materials and Information are provided on an 'as is' basis and you assume total responsibility and risk for your use of the Site and use of all Information.

9.3 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 the Site other than as a direct result of purchasing Publications (which shall be subject to the exclusions and limitation of liability set out in these Terms), 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 our part or our servants, agents or any other person or entity.

9.4 If we are liable to you for any reason (other than death or personal injury arising from our negligence), our liability will be limited to either £100 or the amount (if any) paid by you for the Publication concerned, whichever is the greater.

9.5 Notwithstanding any other provision of these Terms, we do not attempt to exclude or limit our liability for death or personal injury resulting from our negligence or for our fraudulent representation in any way.

9.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.7 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.

10. GENERAL

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

10.2 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.

10.3 Any failure or delay by us 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.

10.4 You acknowledge that you have 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. You irrevocably and unconditionally waive any right you may have to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Terms.

10.5 You shall not assign any of your rights or obligations under these Terms without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms.

10.6 These Terms shall be construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

10.7 All notices shall be given:

* to us via e-mail at cardwatch@apacs.org.uk or by post at Mercury House, Triton Court, 14 Finsbury Square, London EC2A 1LQ; or
* to you at either the e-mail or postal address you provide during any ordering process.

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.