PridePay Website Terms of Use

Overview

These terms of use, together with the documents referred to in them (the "Terms"), govern your access to and use of the website at www.pridepay.com and any of its subdomains (the "Website"). Please read these Terms carefully before you use the Website. By accessing or using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website.

1. Who we are

1.1. The Website is operated by Cardaq Limited , trading as PridePay ("PridePay", "we", "us" or "our"). Cardaq Limited is a private limited company incorporated in England and Wales with company number 07805564, whose registered office is at One Bartholomew Close, London, EC1A 7BL, United Kingdom. PridePay is a trading name of Cardaq Limited and is not a separate legal entity.

1.2. You can contact us by writing to us at the registered office address set out in clause 1.1 or by email at info@pridepay.com

2. Regulatory status

2.1. Cardaq Limited is authorised and regulated by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money and the provision of payment services (firm reference number 900088). You can check our details on the Financial Services Register at www.fca.org.uk/register. Any electronic money accounts, cards and payment services made available under the PridePay brand are provided by Cardaq Limited.

2.2. Nothing on the Website constitutes advice on which you should rely. The Website is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

2.3. These Terms govern your use of the Website only. Any PridePay account, card or payment service is provided under separate customer terms and conditions between you and Cardaq Limited, which will be made available to you before you open an account. If there is any conflict between those customer terms and these Terms in relation to those services, the customer terms will prevail.

3. Changes to these terms and the website

3.1 We may amend these Terms at any time by posting the revised Terms on the Website. The Terms that apply to your use of the Website are those in force at the time you access the Website. Please check these Terms each time you use the Website to ensure you understand the terms that apply at that time.

3.2 We may update and change the Website from time to time to reflect changes to our services, our users' needs or our business priorities.

3.3 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons.

4. Your account and security

4.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details set out in clause 1.3.

5. Acceptable use

5.1. You may use the Website only for lawful purposes. You may not use the Website:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5.2;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2. Any content you contribute to the Website must be accurate (where it states facts), be genuinely held (where it states opinions), comply with the law applicable in England and Wales and in any country from which it is posted, and must not be defamatory, obscene, offensive, threatening, or infringe the rights of any other person.

5.3. You agree not to:

reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms;
access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment, network or software owned or used by any third party; or
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

5.4. We will determine, in our discretion, whether there has been a breach of this acceptable use provision. When a breach has occurred, we may take such action as we deem appropriate, including withdrawing your right to use the Website, and, where applicable, disclosing relevant information to law enforcement authorities.

6. Intellectual property rights

6.1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright, trade mark and other intellectual property laws and treaties around the world. All such rights are reserved.

6.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

6.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

6.5. "PridePay", the PridePay logo and other names, logos and marks displayed on the Website are trade marks or trading names of Cardaq Limited or its group companies. You are not granted any right or licence to use them.

7. Reliance on information and links

7.1. The content on the Website is provided for general information only. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

7.2. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

7.3. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

8. Our responsibility for loss or damage

8.1. Nothing in these Terms excludes or limits our liability for:

death or personal injury arising from our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by English law.

8.2. If you are a consumer:

this clause 8.2 applies where you are an individual using the Website for purposes wholly or mainly outside your trade, business, craft or profession;
we are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity; and
nothing in these Terms affects your statutory rights, including your rights under the Consumer Rights Act 2015. Advice about your statutory rights is available from your local Citizens Advice Bureau or Trading Standards office.

8.3. If you are a business user:

we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it to the fullest extent permitted by law;
we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage, arising under or in connection with use of, or inability to use, the Website, or use of or reliance on any content displayed on the Website.

8.4. Subject to clause 8.1, our total liability to a business user in respect of all losses arising under or in connection with the use of the Website, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed [£100 (one hundred pounds)].

8.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

9. Data protection

9.1. We will only use your personal data as set out in our Privacy Notice and Cookies Policy, which are available on the Website and which explain how we collect, use and protect your personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Cardaq Limited is the controller of personal data collected through the Website.

10. Consumer reviews and testimonials

10.1. Where we publish consumer reviews or testimonials on the Website, we will take reasonable and proportionate steps to ensure that they are genuine and that they reflect the genuine experience or opinion of the person giving them.

10.2. We do not publish, commission or incentivise fake reviews, and where any review or endorsement has been incentivised that fact will be disclosed.

11. Suspension and termination

11.1. We may terminate or suspend your access to the Website immediately, without prior notice, if you breach these Terms. On termination, your right to use the Website will cease immediately.

12. General

12.1. We may transfer our rights and obligations under these Terms to another organisation. If you are a consumer, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

12.3. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

12.4. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

13. Governing law and jurisdiction

13.1. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of England and Wales.

13.2. If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction, except that if you are a resident of Scotland you may also bring proceedings in Scotland, and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland.

13.3. If you are a business user, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or their formation (including non-contractual disputes or claims).