Terms & Conditions

Introduction

These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website www.Quotepayapp.com (the Site) and/or our mobile application (the App), whether as a guest or a registered user, and the connection service that we provide through them (collectively, QuotePay).

Please read these terms of use carefully before you start to make any use of QuotePay, as they will apply to your use of it (although please note that they will not apply to any third party services you request through QuotePay). We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.

By using QuotePay, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use QuotePay.

Other applicable terms

These terms of use refer to our privacy and cookie policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using QuotePay, you consent to such processing and you warrant that all data provided by you is accurate.

Information about us and how to contact us

QuotePay is a technology platform, accessed through the Site or the App, that connects users (such as you) with your end customer and certain other facilities such as Payment Service Providers.

QuotePay is operated and owned by QuotePay Limited (we or us). We are a limited company registered in Scotland under company number SC531127 and have our registered office at 12 Minerva Way, Glasgow G3 8AU, UK. Our main trading address is at 12 Minerva Way, Glasgow G3 8AU, UK and our VAT number is GB 254791969.

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at hello@Quotepayapp.com or by pre-paid post to our main trading address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

Use of the App

In consideration of you agreeing to abide by these terms of use, we grant you a non-transferable, non-exclusive licence to use the App on any mobile telephone or other handheld device (Mobile Device) controlled or owned by you. All other rights in the App are reserved by us and by our licensors and we remain the owners of the App at all times.

In addition to these terms of use and our privacy and cookie policy, your use of the App is also subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) you downloaded the App (although please note that the Appstore has no responsibility for the App or its content). To the extent that there is a conflict between those rules or policies and these terms of use and our privacy and cookie policy, these terms of use and our privacy and cookie policy shall take priority.

Changes to these terms of use and updates to the Site and/or the App

We may revise these terms of use at any time and you should check these terms of use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, please stop using QuotePay and (if applicable) delete the App from your Mobile Device.

These terms of use were last updated on 31st May 2017.

We may (but are under no obligation to) update the Site and/or the App from time to time, and may change the content on them at any time. You may, following an update, need to download the latest version of the App in order to continue using it.

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on QuotePay.

Accessing QuotePay

The Site and the App are made available free of charge and you may download the App onto any number of Mobile Devices.

We make no representations, warranties or guarantees, whether express or implied, that QuotePay or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

Access to QuotePay is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, QuotePay is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access QuotePay (including configuring your information technology) and you should use your own virus protection software.

If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these terms of use for your use of the App on any Mobile Device, whether or not it is owned by you.

Registration and security

Use of, and access to, certain parts of QuotePay may require you to register with us. If you wish to register, you must complete all of the required fields on the registration page.

You must not create your own QuotePay account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use QuotePay using your email address, you must notify us immediately at hello@Quotepayapp.com.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. We have the right to disable any username 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 of use.

You may not authorise others to access QuotePay using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hello@Quotepayapp.com and change your password.

You are responsible for all acts and omissions of any third parties who use your username or password to access QuotePay, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

Pricing and payment

Our pricing policy is set out on the Site and can be accessed at www.quotepayapp.com/pricing. We reserve the right to make changes to our pricing policy at any time, although we will notify you by email at least one week before any such changes take effect. If you do not agree to any such changes, you should stop using QuotePay and (if applicable) delete the App from your Mobile Device.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in QuotePay and in the material published on it. You acknowledge that you have no rights in or to QuotePay or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of QuotePay in breach of these terms of use, your right to use QuotePay will cease immediately.

You must not use any part of the content on QuotePay for commercial purposes without obtaining a licence or other written consent to do so form us or our licensors.

“QuotePay” is a registered trade marks of QuotePay Limited. We reserve all rights in these trade marks, the Quotepayapp.com domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on QuotePay and nothing in these terms of use should be construed as granting any licence or right to use any of such trade marks or domain names.

Other trade marks, products and company or brand names mentioned on QuotePay may be the trade marks of their respective owners or licensors and all rights in such trade marks are reserved to their respective owners or licensors.

Your liability to us

You acknowledge that QuotePay has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of QuotePay meet your requirements.

Unless otherwise specified in these terms of use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, QuotePay if such loss or damage is a foreseeable result of our breach of these terms of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms of use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.

If you are a business or an individual using QuotePay in a business capacity, please note that:

  • our maximum aggregate liability under, or in connection with, these terms of use (including your use of QuotePay) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to the service fee paid by you to us during the 12 month period immediately prior to the liability arising;
  • we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
  • to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to QuotePay or any content on it, whether express or implied.

If you are a consumer, you may only use QuotePay for domestic and private use. You agree not to use QuotePay for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not under any circumstances be liable for:

  • the behaviour, acts or omissions of any clients you engage through QuotePay; or
  • any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of QuotePay or your downloading of any content on it or on any website linked to it.

Nothing in these terms of use:

  • excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or
  • is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Your liability to us

You may only use QuotePay for lawful purposes. You may not use it:

  • in any way that breaches any applicable local, national or international laws or regulations;
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • knowingly to 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 adversely to affect the operation of any computer software or hardware;
  • in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of QuotePay; and
  • to collect or harvest any information or data from QuotePay or our systems or attempt to decipher any transmissions to or from the servers running QuotePay.

You also agree:

  • not to permit QuotePay or any part of it to be combined with, or become incorporated in, any other programs;
  • not to reproduce, duplicate, copy or re-sell any part of QuotePay in contravention of these terms of use;
  • not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of QuotePay; (ii) any part of QuotePay or its security measures; (iii) any equipment or network on which QuotePay is stored; (iv) any software used in the provision of QuotePay; or (v) any equipment or network or software owned or used by any third party;
  • not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App; and
  • not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us.

Content standards

These content standards apply to any and all material which you contribute to QuotePay and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.

If you make use of any feature that allows you to post or upload any content to QuotePay (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with QuotePay or other users of QuotePay), any such content must be accurate and genuine and must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful, inflammatory or otherwise objectionable;
  • promote violence or indecent or sexually explicit material;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;
  • be likely to deceive any person;
  • be made in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of QuotePay;
  • be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy another person;
  • be used to impersonate any person or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if that is not the case;
  • relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
  • disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of QuotePay and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to QuotePay constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove or delete any posting you make on QuotePay or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.

Suspension and termination

You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us at hello@Quotepayapp.com (subject to fulfilling your minimum booking commitment, as per the ‘Booking Process and Cancellation’ section).

We will determine, at our discretion, whether there has been a breach of these terms of use through your use of QuotePay and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use QuotePay;
  • immediate, temporary or permanent removal of any content uploaded, posted, submitted or displayed by you on or to QuotePay;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and
  • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we deem reasonably appropriate.

If we withdraw your right to use QuotePay:

  • all rights granted to you under these terms of use shall cease;
  • you must immediately cease all activities authorised by these terms of use, including your use of QuotePay;
  • you must, if applicable, immediately delete the App from all Mobile Devices; and
  • you must not attempt to re-register to use QuotePay.

Linking to the Site

You may link to the Site’s homepage, 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 to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.

If you wish to make any use of any content on the Site other than that set out above, please contact us at hello@Quotepayapp.com.

Links to third party websites and resources

The Site and/or the App may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

Events outside our control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

Other important terms

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.

You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these terms of use, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These terms of use are not intended to confer rights on anyone other than you and us.

Applicable law

These terms of use, their subject matter and formation are governed by Scottish law. If you are a consumer, the courts of Scotland will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of England or Wales, in which case you may bring proceedings in England and Wales). If you are a business, you and we each agree that the courts of Scotland will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

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