Change notice

We have made a couple of small changes to our Terms and Conditions. We’ve added Microsoft as a Data Subprocessor, we use Azure to power our integration with other Access products, and we’ve added Fetchify as a Data Subprocessor, we use them for the easy address lookup in our application.

For our customers in the EU, we have an addendum to these Terms and Conditions that allows us to store your data in the UK in compliance with GDPR.

You don’t need to do anything, but if you have any questions about these changes, please contact our Data Protection Officer, [email protected].



Last Updated: 4 December 2020

Under this Agreement Access UK Ltd has agreed to provide the Licensee (as identified in the Order Schedule) with the product(s) and/or services as detailed in the Order Schedule under the terms and conditions detailed below.

 

1. DEFINITIONS

1.1. In these Terms, the following words shall have the following meanings:

Appropriate Safeguards: means such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time;

Content: any information, data and/or material uploaded into the Facility by you, your employees and/or representatives, or by us on your behalf, including (without limitation) any text;

Data Protection Laws: means as applicable and binding on you, us and/or the Facility:

(a) in the United Kingdom:
(i) the Data Protection Act 2018

(b) in member states of the European Union: the Data Protection Directive or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and
(c) any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time;

Data Protection Losses: means all liabilities, including all:

(a) costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, losses and damages (including relating to material or non-material damage); and
(b) to the extent permitted by an applicable law:
(i) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority;
(ii) compensation which is ordered by a Supervisory Authority to be paid to a data subject; and
(iii) the costs of compliance with investigations by a Supervisory Authority;

Data Subject Request: means a request made by a data subject to exercise any rights of data subjects under Data Protection Laws;

Facility: the online facility operating under the name “Access UK Ltd ” or such other name as we may determine from time to time;

GDPR: means the General Data Protection Regulation (EU) 2016/679;

IPR: all copyright and related rights, rights in computer software, design rights, trade marks, database rights, patents, trade secrets, know-how, rights in confidential information and all other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

Licence Fee: means the monthly or annual licence fee payable by you for your access to and use of the Facility, as detailed on our website

Personal Data Breach: means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any personal data for which you are the data controller;

Party: you and us;

Supervisory Authority: means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws;

Term: means the period from (and including) the date you accept these Terms until your licence to access and use the Facility is terminated in accordance with these Terms;

Terms: these terms and conditions;

us, we, our, Data Importer: Access UK Ltd and

your, you, Data Exporter : the organisation or person requiring access to the facility.

1.2 All references in these Terms to the singular shall mean the plural and vice versa, all references to persons shall include companies, partnerships and other organisations (including without limit any government departments or non-departmental government bodies) and all references to the masculine shall include the feminine and neuter and vice versa.

1.3 All references in these Terms to "processing", "personal data", "data controller", data processor", and "data subject" shall have the meaning given to them in the applicable Data Protection Legislation.

 

2. OUR OBLIGATIONS

2.1 We agree to provide to you the non-exclusive, non-transferable right for you to access and use (for your own internal business purposes only) the Facility for the Term subject to these Terms.

2.2 We will provide you with login details to enable you to connect to the Facility

2.3 We will use our best endeavours to provide the Facility without major interruption and materially error free and ensure the facility is available with 99% uptime

2.4 Notwithstanding clause 2.3, we reserve the right at anytime to suspend your access and/or use of the Facility for the purpose of enabling us to carry out essential emergency and urgent maintenance. You will be notified of normal maintenance in advance. Normal maintenance is performed outside of core working hours.

2.5 We confirm that the Facility (including any Content) is hosted in the United Kingdom.

 

3. YOUR OBLIGATIONS

3.1 You agree that you will:

a. comply with any reasonable instructions or directions issued by us from time to time in respect of the Facility;
b. conform to such protocols and standards as are issued by us from time to time in respect of the access and/or use of the Facility;
c. fully indemnify us against any and all claims, costs and expenses which we may incur resulting from your acts or omissions in respect of the Facility and your use of it and/or your breach of any of your obligations under these Terms; and
d. when using the Facility comply with all applicable laws and legislation (including but not limited to matters arising under the Data Protection Laws and the Regulation of Investigatory Powers Act 2000).

3.2 In addition you acknowledge and accept that you are solely responsible for the:

a. accuracy of all Content uploaded onto the Facility;
b. establishment, maintenance and monitoring of adequate internal security measures in connection with the accessing and use of the Facility by you including without limit ensuring the confidentiality and safe storage of all login details, user names and passwords and not using obvious passwords and updating them regularly and you will immediately notify us if you suspect a breach of your internal security measures (e.g. the unauthorised use of any login details, user name and/or password);
c. ensuring that all Content (including without limit any description, date or information relating to the Content) uploaded by you or by us on your behalf is accurate and up to date; and
d. ensuring that any security level set for any Content (whether by us or you) is correct;

3.3 You agree that you will not (and you will ensure that your employees and representatives do not):

a. access and/or use the Facility for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:
i. any act or omission which will or is likely to infringe the IPR of a third party;
ii. attempt to gain unauthorised access to the Facility the use of the Facility in any way that will or is likely to violate or infringe the rights of any person in the United Kingdom or elsewhere;

3.4 You acknowledge and agree that:

a. your right for you to use (for your own internal business purposes only) the Facility is personal to you and may not be assigned, sub-licensed, sold, resold, transferred, distributed or otherwise disposed of or commercially exploited in any way, including by way of charge, lien or other encumbrance;
b. the IPR comprised in or relating to the Facility belongs to us and these Terms do not give you any rights in or related to the Facility except as expressly provided in these Terms. We will indemnify you against all loss, liability or reasonable expense arising out of any claim brought by a third party that the Facility infringes intellectual property rights owned or controlled by the third party.
c. we have the right to connect to your Content for the purposes of providing the Facility to you (including for maintenance and technical purposes) and for checking that you are complying with these Terms;
d. we owe no obligation to you or anyone else to monitor, check or review the legality, validity or accuracy of any Content;
e. you will pay any Licence Fee and other such charges for your use of the Facility in accordance with these Terms;
f. the use of the Facility is entirely at your own risk

 

4. WARRANTIES AND LIABILITY

4.1. Subject always to our obligations to meet our Service Level Agreement. we do not warrant the:

a. Facility against failure of performance; or
b. Validity; legality or accuracy of any Content placed on the Facility by you, your employees and/or representatives, or by us on your behalf

4.2. In no event shall we be liable for operational difficulties caused by or arising from the integration of the Facility with any third party equipment or software not supplied or approved by us or by any modifications, variations or additions made to the Facility not undertaken by us, or caused by any abuse, corruption or incorrect use of the Facility, including, without limitation, use of the Facility with hardware and/or software which is incompatible with the Facility.

4.3. We do not represent nor do we give any warranty, guarantee or undertaking of any kind that the Facility is free from all bugs, errors or mistakes, or that it will meet your requirements and it your responsibility to ensure that the Facility will meet your requirements.

4.4. These Terms are in lieu of all warranties, conditions, terms, undertakings, representations and obligations (including, but no limited to, any implied warranty as to satisfactory quality or fitness for a particular purpose) express or implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

4.5. Notwithstanding any other clause of these Terms, neither Party excludes or reduces its liability under or in connection with these Terms to the extent that it arises in respect of any of the following matters:

a. for death or personal injury resulting from negligence proved against either Party;
b. for fraud or fraudulent misrepresentation; nor
c. for any other matter for which it would be unlawful for either Party to exclude or limit or attempt to exclude or limit its liability.

4.6. Subject to sub-clause 4.5, neither Party shall have any liability to the other Party (howsoever arising, including any liability in tort) under or in connection with these Terms or their subject matter for any:

a. loss of profits, the loss of the use of money or anticipated savings;
b. loss of revenue;
c. business interruption; loss of or damage to reputation or goodwill;
d. loss of opportunity or contracts;
e. wasted management or other staff time;
f. losses or liabilities under or in relation to any other contract; or
g. loss of, damage to or corruption of data or information, in each case whether direct, indirect, special and/or consequential loss or damage; or
h. for any other indirect, special and/or consequential loss or damage of any kind.

4.7. Subject to sub-clause 4.4, both parties maximum aggregate liability in contract, tort (including for negligence), misrepresentation and/or otherwise howsoever arising under or in connection with these Terms and their subject matter (including all losses, liabilities, claims, actions, demands, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto) shall be limited to the total funds paid by you to us in the proceeding 12 months in respect of your use of the Facility.

4.8. You agree that you have read and understood this clause 4.

4.9. In case of any conflict between this clause 4 and any other clause of these Terms, the provisions of this clause 4 shall prevail. For the avoidance of any doubt, this clause 4 shall remain in full force and effect notwithstanding the termination, repudiation or expiry of these Terms.

 

5. TERMINATION

5.1. You may terminate your licence to access and use the Facility at anytime on giving at least one (1) month’s notice in writing or email to us.

5.2. We shall be entitled (at our discretion) to suspend or terminate your access to and your right to use the Facility at anytime if you commit a material breach of these Terms.

5.3. On request we will provide you with a copy of any content provided by you and stored on the Facility. There will be no charge for this. In any event the data will be deleted/destroyed or rendered unreadable 60 days after termination.

5.4. Termination, repudiation or expiry of these Terms will be without prejudice to any accrued rights of either party and will not affect obligations which are expressed not to be affected by repudiation, expiry or termination of these Terms.

5.5. On termination for any reason:

a. all rights granted to you under these Terms shall cease;
b. you shall cease all activities authorised by these Terms;
c. you shall immediately pay to us any sums due to us under these Terms

 

6. CONFIDENTIALITY

6.1. You accept that we may, in accordance with legal requirements, have to disclose information to third parties, for example governmental organisations (including the police), in respect of and/or in connection with your access and/or use of the Facility. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.

6.2. Each of us shall, while we are accessing and providing access to the Facility respectively under these Terms and thereafter, keep secret and confidential all business, technical or commercial information disclosed to one of us by the other or otherwise which belongs to the other its sub-contractors, carriers, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations and/or exercise its rights in accordance with these Terms or save as expressly authorised in writing to be disclosed by the other.

6.3. The obligation of confidentiality contained in sub-clause 6.2 shall not apply or (as the case may be) shall cease to apply to business, technical or commercial information which:

a. at the time of its disclosure by the disclosing Party is already in the public domain or which subsequently enters the public domain other than by the breach of these Terms;
b. is required to be disclosed under applicable law or order of a court of competent jurisdiction or government department or agency or by the London Stock Exchange, provided that prior to such disclosure the receiving Party shall, to the extent that is legally permitted to do so, advise to the disclosing Party of the proposed form of disclosure; or
c. at the time of its disclosure by the disclosing Party is already known by the receiving Party and the later is not subject to any existing duty of confidence in respect of the information in question.

 

7. DATA PROTECTION

7.1. We warrant that we have in place appropriate technical and organisational measures against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of or access to any Content that contains personal data (as that term is interpreted in accordance with the Data Protection Laws) (“Individual Information”) and adequate security measures to ensure that unauthorised persons will not have access to the Individual Information and that any persons we authorise to have access to (including but not limited to our employees) will respect and maintain the confidentiality and security of the Individual Information and shall ensure that such persons authorised by us to process personal data are subject to a binding written contractual obligation with us to keep the personal data confidential (except where disclosure is required in accordance with an applicable law).

7.2. We warrant that all security measures referred to in sub-clause 7.1 above will reflect the level of damage that might be suffered by, and any harm which might result to, the persons who are the subjects of the Individual Information as a result of unauthorised access or disclosure.

7.3. Taking into account the nature of the processing, we shall implement and maintain technical and organisational measures to assist you insofar as is possible in the fulfilment of your obligations to respond to Data Subject Requests relating to personal data processed by us for which you are the data controller.

7.4. We shall ensure that all processing of Individual Information that is carried out by us shall at all times be carried out in accordance with the Data Protection Laws and that we will otherwise conduct ourselves in accordance with the Data Protection Laws and for the purposes of this clause “processing” shall be interpreted in accordance with the Data Protection Laws.

7.5. The types of personal data to be processed under this Agreement shall be the types of data provided by you to us and the nature and purpose of this processing is HR automation.

7.6. The categories of data subject to whom the personal data relates are your employees.

In respect of any Personal Data Breach involving the personal data which we process as a data processor on your behalf we shall, without undue delay:

a. notify you of the Personal Data Breach; and
b. provide you with details of the Personal Data Breach.

7.8. We shall assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to us.

7.9. You shall comply with the Data Protection Laws in connection with:

a. the processing of personal data;
b. the Facility; and
c. the exercise and performance of your rights and obligations under these Terms, including maintaining all relevant regulatory registrations and notifications as required under the Data Protection Laws.

7.10. You warrant, represent and undertake, that:

a. all data sourced by you for use in connection with the Facility shall comply in all respects, including in terms of its collection, storage and processing (which shall include you providing all of the required fair processing information to, and obtaining all necessary consents from, data subjects), with Data Protection Laws;
b. all instructions given by you to us in respect of personal data shall at all times be in accordance with the Data Protection Laws.

7.11. Insofar as we process personal data on your behalf we:

a. unless required to do otherwise by an applicable law, shall (and shall take steps to ensure each person acting under our authority shall) process the personal data only on and in accordance with your documented instructions as set out in these Terms, as updated in writing from time to time (Processing Instructions);
b. if an applicable law requires us to process personal data other than in accordance with the Processing Instructions, we shall notify you of any such requirement before processing the processed data unless an applicable law prohibits such information on important grounds of public interest); and
c. shall inform you if we become aware of a Processing Instruction that, in our opinion, infringes Data Protection Laws, provided that: to the maximum extent permitted by mandatory law, we shall have no liability howsoever arising (whether in contract, tort (including negligence) or otherwise) for any losses, costs, expenses or liabilities (including any Data Protection Losses) arising from or in connection with any processing in accordance with your Processing Instructions following your receipt of that information.

7.12.We do not transfer data to any third parties, however third parties may process personal data on our behalf when we engage them to provide certain services, as further described in clause 7.13

7.13.You consent to us appointing the following sub-processors under this Agreement: Mailgun Technologies Inc a cloud based email service (to send emails sent through our Facility), Google Inc, a cloud platform (to power our mobile application),Microsoft Corporation a cloud platform (to use Microsoft Azure to enable our integration with other Access products), and Fetchify a cloud based address lookup service (to enable you to easily enter addresses in our Facility). We shall not appoint any additional sub-processor without first obtaining your prior written consent, such consent not to be unreasonably withheld or delayed. We confirm that we have entered or (as the case may be) will enter with the sub-processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 7. We shall remain fully liable to you under this Agreement for all the acts and omissions of each sub-processor as if they are our own.

7.14. We shall not process and/or transfer, or otherwise directly or indirectly disclose, any Individual Information in or to countries outside the European Economic Area ("EEA") or to any international organisation.

7.15. We shall maintain complete and accurate records and information to demonstrate our compliance with this clause 7 and allow for audits by you or your designated auditors.

7.16. On termination of this Agreement we shall without delay, at your written request, securely delete and/or securely return all the personal data unless required by applicable law to store the Personal Data.

7.17. Each party shall indemnify and keep indemnified the other party in respect of all Data Protection Losses suffered or incurred by, awarded against or agreed to be paid by, the indemnified party arising from or in connection with any non-compliance by the indemnifying party with:

a. the Data Protection Laws; or
b. these Terms

 

8. FEES

8.1. In return for us agreeing to provide to you the non-exclusive, non-transferable right for you to access and use (for your own internal business purposes only) the Facility subject to these Terms, you agree to pay us the Licence Fee.

8.2. The Licence Fee as set out in the order schedule must be paid immediately and is due on the date of the invoice.

8.3. Cancellation fees for training days booked will apply as follows; 14 days written notice no charge, less than 14 days written notice a 50% charge of the training day is to be paid and less than 7 days written notice 100% of the cost of the training day is to be paid. Save that where expenses have been incurred which are non-refundable such as but not limited to travel, accommodation and care hire ,the full cost of this will be payable on any cancellation at anytime.

8.4. The termination, repudiation or expiry of these Terms shall not affect your obligation to pay Licence Fees to us in respect of any right of access to the Facility which was granted to you prior to the date of termination, repudiation or expiry of these Terms. All training days purchased and taken must be paid for on termination. No refunds will be paid on a pro-rata basis for the use of the Facility.

 

9. FORCE MAJEURE

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside our reasonable control (Force Majeure Event).

9.2. A Force Majeure Event includes in particular (but without limitation) the following:

a. Strikes, lock-outs or other industrial action;
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or Act of God;
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. Impossibility of the use of public or private telecommunications networks;
f. The acts, decrees, legislation, regulations or restrictions of any government; and
g. The non-delivery or late delivery of products or services to us by third parties.

9.3. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period.

 

10. NOTICES

10.1. All notices given by you to us must be given in writing to Access UK Ltd: The Armstrong Building, 10 Oakwood Drive, Loughborough, LE11 3QF, United Kingdom or by email to [email protected] We may give notice to you at either the e-mail or postal address provided to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

11. ASSIGNMENT

11.1. We may sub-licence, transfer, assign, sub-contract, charge or otherwise dispose of any of our rights or obligations under these Terms, provided we give you written notice of the same.

11.2. You may not sub-licence, transfer, assign, sub-contract, charge or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent (which will not be unreasonably withheld).

 

12. WAIVER

12.1. If we fail at any time to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.

 

13. SEVERABILITY

13.1. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.

 

14. ENTIRE AGREEMENT

14.1. These Terms contain and constitute the entire understanding and agreement between us in connection with and about the subject matter of these Terms and supersede all earlier and other agreements and understandings between us and all earlier representations by either of us about such subject matter. Any prior representations, warranties, statements and assurances which are not expressly set out in these Terms will not be of any effect. Each Party warrants that there is no representation, warranty, promise, term, condition, obligation or statement upon which they have relied in entering into these Terms and which is not expressly set out in these Terms and no such representation, warranty, promise, obligation, statement or any other term or condition is to be implied in them whether by virtue of any usage or course of dealing or otherwise (including, subject to clause 4, by statute or common law) except as expressly set out in these Terms. If a Party has given any representation, warranty, promise or statement then (except to the extent that it has been set out in these Terms) the Party to whom it is given waives any rights or remedies which it may have in respect of it. This clause shall not exclude the liability of a Party for fraud or fraudulent misrepresentation or concealment or any resulting right to rescind these Terms.

 

15. AMENDMENT

15.1. These Terms may not be amended, modified, varied or supplemented except in writing signed by or on behalf of both Parties.

 

16. THIRD PARTY RIGHTS

16.1. Nothing in these Terms is intended to confer a benefit on, or to be enforceable by, any person who is not a Party to these Terms. These Terms do not create any right enforceable by any person who is not a Party to them under the Contracts (Rights of Third Parties) Act 1999.

 

17. GOVERNING LAW AND JURISDICTION

17.1. These Terms shall be governed in all respects by and be construed in accordance with English law (including all non-contractual disputes or claims arising out of the subject matter of these Terms). Any claim or dispute arising from or related to these Terms (including their enforcement or their termination) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales and the Parties hereby irrevocably submit to the jurisdiction of these courts.

Paycircle

Right to use our Paycircle app

We give you the right to use our app if you are:

  • Participating in a demo or a free trial
  • Paying for the use of our app
  • Invited by another organisation which is paying for the use of our app

There are other terms that may apply to you

Our Privacy policy applies to your use of our app.

If your organisation has entered into an agreement with us containing additional or different terms of use, then those terms of use override these terms of use.

We may make changes to these terms

We may amend these terms of use from time to time.

We may make changes to our app

We may update and change our app from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our app

We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our app through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our app is only for users in the UK

Our app is for use in the United Kingdom. We do not represent that content available on or through our app is appropriate for use or available in other locations.

You must keep your account details safe

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.

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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

How you may use material on our app

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

You may print off or download any page(s) from our app for your personal use and you may draw the attention of others within your organisation to content posted on our app.

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.

Our status (and that of any identified contributors) as the authors of content on our app must always be acknowledged.

If you print off, copy or download any part of our app in breach of these terms of use, your right to use our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Professional advice

We are not a firm of professional advisers. We may provide content which we believe will be useful, but you should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our app.

Although we make reasonable efforts to update the information on our app, we make no representations, warranties or guarantees, whether express or implied, that the content on our app is accurate, complete or up to date.

We are not responsible for apps we link to

Where our app contains links to other apps 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 apps or information you may obtain from them.

We have no control over the contents of those apps or resources.

User-generated content is not approved by us

This app may include information and materials uploaded by other users of the app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at [email protected].

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our app; or
  • use of or reliance on any content displayed on our app.

In particular, we will not be liable for:

  • 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.

How we may use your personal information

We will only use your personal information as set out in our Privacy policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our app will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our app. You should use your own virus protection software.

You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.

Rules about linking to our app

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.

You must not establish a link to our app in any app that is not owned by you.

Our app must not be framed on any other app, nor may you create a link to any part of our app other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our app other than that set out above, please contact us at [email protected].

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

PAYCIRCLE is a UK registered trade mark of Paycircle Limited. You are not permitted to use it without our approval.

Acceptable use policy

You may use our app only for lawful purposes. You may not use our app:

  • 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 this policy.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 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.

You also agree not to reproduce, duplicate, copy or re-sell any part of our app in contravention of the provisions of our terms of use above; nor to access without authority, interfere with, damage or disrupt:

  • any part of our app;
  • any equipment or network on which our app is stored;
  • any software used in the provision of our app; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our app, including, without limitation:

  • Chat rooms
  • Bulletin boards

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Content standards

These Content standards apply to any and all material which you contribute to our app (Contribution), and to any interactive services associated with it.

We will determine, at our discretion, whether a Contribution breaches the Content standards.

A Contribution 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.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Paycircle, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.