Terms and Conditions
Last updated: December 2021Ampay Limited with company number 03888013 registered in the UK, with VAT number GB877113217 and registered office at Calder & Co, 30 Orange Street, London WC2H 7HF ("we" or "us") provides online payment services ("Services") to the customers of our Clients ("you"). We do not have control over any content offered by our clients ("Clients") to you and we do not publish or edit their content. In order to complete your transaction, you must be 18 years old or over and read and agree to these terms and conditions. If you do not agree with the terms and conditions then you should not use the Services. Please note that the name "Ampay" will appear on your credit card or bank statement in relation to debit card payments. Also please be aware that your credit or debit card issuer agreement governs your use of your designated credit or debit card in connection with any such payment. You must refer to that agreement and not these terms and conditions regarding your rights and liabilities as a credit or debit card holder.
USE OF SERVICES
You authorise us to process your payment in accordance
with these terms and conditions. We shall process your payment
accurately and securely. You shall use the Services in a manner
consistent with all applicable laws and regulations and in accordance
with these terms and conditions. You shall not use the Services for any
fraudulent or other illegal purpose, infringe any third party's rights
or misuse the Services in any other way. You shall not attempt to gain
unauthorised access to any information available in relation to the
Services or to any of the networks used in providing the Services.
PAYMENTS
You shall make payments in accordance with these terms and
conditions. Where you elect at the time of sign-up on a Client\'s website
to make periodic subscription payments in relation to any service
provided by a Client, you are responsible for any such payments in
accordance with the Client\'s terms and conditions. In the event that you
elect to make a payment on a subscription basis where the payment
automatically renews at the end of the original term ("Automated
Recurring Payment"), then you shall be charged the agreed sum on the due
date for renewal. However you shall not be charged this sum in relation
to an Automated Recurring Payment in the event that we receive a notice
from you (sent to customerservice@ampay.co.uk) stating that you do not
wish to renew your subscription no fewer than seven (7) days before the
due date for renewal. This shall not apply to any trial offer unless we
indicate that you shall be automatically charged on the day following
the date on which the trial offer expires. If you wish to request a
refund then please contact the Client from which you made the purchase.
We will examine each request for a refund which is notified to us by a
Client but any decision by us as to whether to provide a full or partial
refund shall be at our sole discretion. However, if you are acting as a
consumer and have not yet used any of the Services ordered by you then
you shall be entitled to a refund by sending a notice to us at
customerservice@ampay.co.uk stating that you do not wish to take the
Services you ordered. Any such notice shall be sent to us within seven
(7) days following the day you made your payment. Any payment shall not
be deemed to be made by you until we have received cleared funds in
respect of the full amount owing. You shall pay any sums due to us
without any set-off, deduction, counter-claim and/or any other
withholding of monies. In the event of a charge back occurring from your
credit card and being charged back to us, we shall be entitled to retain
any fees or payments owing to us. In addition we may take appropriate
legal action to recover any sums due including but not limited to
referring any charge-backs to third party debt collection agencies. For
any payment and billing enquiries please contact our Customer Support
team at customerservice@ampay.co.uk.
OUR RIGHTS
We may at our sole
discretion accept your credit or debit card for processing. In the event
that we decline your payment we shall notify you accordingly but shall
not be required to give reasons to you for declining the payment. We may
make any reasonable checks (or use the services of a third party to do
so) that we consider appropriate in respect of your payment including in
relation to verifying your identity and assessing your creditworthiness.
We may make any changes to the Services in our sole discretion
(including but not limited to changes to the method and manner of
payment) or otherwise as required from time to time by law or other
regulations or codes of conduct. In the event that you breach any of the
provisions of these terms and conditions then we shall be entitled to
take action against you including immediately preventing your access to
the Services or terminating your use of the Services. Where we consider
this appropriate and/or as may be required by law, such as in the case
of fraudulent or other illegal activity by you, we shall take legal
action against you including reporting you to any relevant law
enforcement authorities. We occasionally may have to perform necessary
network maintenance and/or network upgrades. You must be aware that, at
any time, we may perform emergency maintenance as needed to preserve the
overall integrity of the Services without notice. Accordingly we do not
make any warranties in respect of the availability and/or your
uninterrupted use of the Services.
INTELLECTUAL PROPERTY RIGHTS
Any and
all Intellectual Property Rights in the website situated at
www.ampay.co.uk ("Website") and/or the Services shall be owned by us or
our associates or licensors (as applicable). Intellectual Property
Rights means patents, trade marks, service marks, registered designs,
design rights, applications for any of the foregoing, copyright
(including copyright in software), database rights, confidential
information, know-how, unregistered designs, hardware, firmware or
software, trade or business names and other similar rights or
obligations anywhere in the world, whether registered or not and whether
capable of registration or not
LIMITATIONS ON LIABILITY AND INDEMNITY
We shall have no liability to you for any and all damages, claims,
proceedings, actions, awards, expenses and costs in respect of the
following: for any consequential losses (including but not limited to
loss of profits, damage to goodwill, damage to reputation, loss of data,
loss of programmes and/or services unavailability or interruptions);
economic and/or other similar losses; and/or special damages and
indirect losses; for any error, omission, deletion, defect, delay in
operation or transmission, communications line failure or destruction of
communications in relation to the Services; for any delay in performance
of the Services and/or any other matters to the extent that such events
and/or matters are due to any events outside our reasonable control
including but not limited to acts of God, war, flood, fire, labour
disputes, strikes, lock-outs, riots, civil commotion, malicious damage,
explosion, governmental actions and any other similar events. in
relation to any content, information and/or other material contained in
our Clients\' websites or in relation to our Clients\' services, and/or
arising from any use by you of any such content, information and/or
other material. Nothing in these terms and conditions shall exclude or
limit: Our liability for death or personal injury due to our negligence
or any liability which is due to our fraud or any other liability which
we are not permitted to exclude or limit as a matter of law; or any of
your statutory rights which may not be excluded or limited in the event
that you are acting as a consumer. You shall indemnify us against any
and all losses, proceedings, lost profits, damages, awards, expenses,
costs (including administration costs and legal costs), claims, actions
and any other losses and/or liabilities suffered by us and arising from
and/or relating to your use of the Services, and/or arising from or due
to any breach of contract, any tortious act and/or omission and/or any
breach of statutory duty by you. In any event our total liability to you
under and/or arising in relation to these terms and conditions shall not
exceed double the amount paid by you in relation to the Services within
the preceding year (if any) or the sum of £200 whichever is the higher.
You shall produce to us written evidence of any claims for which it is
alleged that we are liable together with written details of how any loss
was caused by us and the steps you have taken to mitigate the loss (if
any) before we consider any potential liability for your claim.
GENERAL
You agree that no joint venture, partnership, employment or agency
relationship exists between you and us as a result of these terms and
conditions or use of the Services. We may assign or transfer ownership
of and benefits of the terms and conditions in relation to the Services
to a third party at any time without your consent. The terms and
conditions contains the entire agreement between you and us. No waiver
by us of any breach of the terms and conditions shall be considered as a
waiver of any subsequent breach of the same provision or any other
provision. If any part of the terms and conditions is determined to be
invalid or unenforceable pursuant to applicable law then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the terms and conditions shall
continue in effect. The terms and conditions are governed by and
interpreted in accordance with the laws of England and Wales and the
parties hereby agree to submit to the exclusive jurisdiction of the
English courts. Headings in these terms and conditions are for ease of
reference only and shall not affect their interpretation. All third
party rights are excluded and no third parties shall have any right to
enforce the terms and conditions.