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WEBSITE TERMS AND CONDITIONS
WELCOME TO THE onepresent.co.uk WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.onepresent.co.uk. BY ACCESSING
THIS WEBSITE AND/OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER
OR NOT YOU CHOOSE TO REGISTER WITH US OR USE THE SERVICE PROVIDED. IF YOU DO NOT
ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our contact details are as follows:
General email: contact@onepresent.co.uk
Telephone number: 07951 730 487
1.Definitions
In these conditions the following words have the following meanings unless the
context requires otherwise:-
"Agreement" means the agreement between You and Us incorporating these
conditions for the provision of Service;
"Onepresent.co.uk" means a business facilitating the exchange of funds
between Contributor and Recipient towards present request;
"Recipient" means individual making a present request to whom contributions
are sent;
"Contributor" means individual making a monetary contribution of their
choice to the Recipient;
"Event" means Party / Wedding / Other Special Occasion;
"Barclays/Secure Hosting" means Online banking service provider or such
other Online banking service provider as We shall from time to time decide;
"We, Us, Our" means www.onepresent.co.uk;
"You, Your, Yourself" means the Recipient and/or Contributor;
"Service" means the service provided by Us to You;
2. Basis of Contract
2.1 This is a legally binding Agreement between You and Us for the provision of
the Service
2.2 These conditions (as amended by Us from time to time) shall govern the Agreement
between You and Us to the exclusion of any other terms or conditions and You agree
to abide by these terms and conditions (as amended by Us from time to time)
2.3 These conditions (as amended by Us from time to time) supersede all terms
and conditions and shall replace any terms and conditions previously notified
to You
2.4 We reserve the right to vary these conditions at any time. If we vary these
conditions the updated conditions will be posted on the Terms and Conditions page
of Our website from time to time
2.5 You acknowledge that You do not rely on any representation and/or warranty
that has been made in accordance with these conditions
2.6 We reserve the right to make changes to the Service as required from time
to time by law or applicable safety requirements provided that they do not have
material adverse effect on the quality of the Service.
3.Price and Payment
3.1 Details in relation to price and payment for the Service shall be as shown
on our website
3.2 Our prices are inclusive of any applicable VAT and any details given in relation
to exchange rates are approximate only and may vary from time to time
3.3 You shall pay all sums due to Us under this Agreement by the means of the
payment specified in Our website and without any set-off deduction counterclaim
and/or any other withholding of monies
3.4 Payments shall not be deemed to be made until We have received either cash
or cleared funds in respect of the full amount outstanding
3.5 All monies paid by You to Us are non-refundable and cancellation and/or termination
of this Agreement by You or Us at any time for any reason will not entitle You
to a refund of monies paid;
3.6 Onepresent.co.uk will charge a one off event registration fee to the Recipient.
This is the only charge made by Onepresent .co.uk. The fee is fixed, irrespective
of the value subsequently collected save for the fees of the Online banking service
provider which are deductible from monies passed to the Recipient;
3.7 The fixed fee is not refundable under any circumstances;
3.8 Onepresent.co.uk will not charge Contributors for using the service and Onepresent
.co.uk will not take any part of the contribution made.
4. Barclays Bank and Secure Hosting
4.1 Onepresent.co.uk utilises Barclays Bank and Secure Hosting as its on-line
banking service provider;
4.2 Barclays and Secure Hosting terms and conditions and charges as detailed on
their company websites will apply for all transactions conducted through their
systems;
4.3 Individual contributions made by Contributors are paid into a Barclays account
held by Onepresent.co.uk. The total contribution, net of Barclay's charges charges,
is transferred to the Recipients' Bank account;
5. Termination
5.1 If
5.1.1 You fail to make any payments to Us when due;
5.1.2 You breach the terms of this Agreement;
5.1.3 You persistently breach the terms of this agreement;
5.1.4 You conduct yourself in any way which may be potentially damaging to the
interests of our Business then We shall have the right without prejudice to any
other remedies to exercise any or all of the rights set out in clause 5.2 below
5.2 If any of the events set out in clause 5.1 above occurs in relation to You
then:
5.2.1 We may terminate this Agreement immediately;
5.2.2 We may immediately suspend and/or terminate Your access to the Service without
notice; and/or
5.2.3 All monies owed by You to Us shall become immediately due and payable.
6.Miscellaneous
6.1 The present requested by the Recipient represents only the intention of the
Recipient to buy the item/service. Onepresent.co.uk makes no assurance that the
Recipient uses the monies received for that purpose;
6.2 The Recipient is able to use the contributions however they choose;
6.3 No guarantee is made by Onepresent.co.uk that the event declared by the Recipient
is bona fide;
6.4 None of the details relating to the present request can be altered once the
Recipient has confirmed the details;
6.5 In the event of the cancellation or change in details of an event it is the
responsibility of the Recipient to inform any Contributors or potential Contributors
of the changes. Onepresent.co.uk will not refund the Contributors any contributions
made;
6.6 It is the responsibility of the Recipient to notify potential Contributors
to utilise the Service;
6.7 Onepresent.co.uk does not guarantee that potential Contributors will make
a contribution or give any guarantee to the level of contribution made;
6.8 It is the Contributors' obligation to determine whether the event they are
contributing towards is bona fide;
6.9 Onepresent.co.uk is under no obligation to return contributions made to an
incorrect event;
6.10 An E-card notifying the Recipient of the total contributed will be sent to
the Recipient;
6.11 The Contributor has the option to show the amount they have contributed,
to the Recipient on the E-card;
6.12 Onepresent.co.uk is under no obligation to provide the individual amounts
given to the Recipient from contributions made by Contributors who have opted
not to disclose the amount they have contributed;
6.13 Onepresent.co.uk gives no assurance to the speed and workings of the Internet.
7. Intellectual Property Rights and Confidentiality
7.1 All Intellectual Property Rights in the Service shall be owned by Us absolutely
7.2 You agree that You will keep confidential and not use except for purposes
contemplated by this Agreement any and/or all information relating to the Service
which may be disclosed to You or which You may learn except where such information
is public knowledge or it is required to be disclosed by law
7.3 We will use Our reasonable commercial endeavours to keep Your personal details
such as Your surname real e-mail and credit card number(s) (where relevant) confidential
and will not disclose such information except where such information is public
knowledge or it is required to be disclosed by law
8. Guarantee
8.1 The Service is provided in its current form and We do not guarantee that all
elements of the Service or any element of the Service will meet Your requirements
Your purpose and/or expectations
8.2 We do not warrant that any of the information and/or material provided in
the Service is accurate
8.3 We do not provide any warranty in respect of the Service results availability
and/or uninterrupted use of the Service
9. Limitations on Liability
9.1 We shall have no liability for any defect in the Service caused or contributed
to by You and/or any other Person
9.2 We shall have no liability to You if any monies owed by You to Us have not
been paid in full by the due date for payment
9.3 You shall give Us a reasonable opportunity to remedy any matter for which
We are liable before You incur any costs and/or expenses in remedying the matter
Yourself. If You do not do so We shall have no liability to You
9.4 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 before we consider liability
for the claim by You
9.5 We shall have no liability to You to the extent that You are covered by any
policy of insurance and You shall ensure that Your insurers waive any and all
rights of subrogation they may have against Us
9.6 We shall have no liability to You arising out of Your use of the Service
9.7 It is possible for other Users and/or unauthorised Users to obtain and misuse
information about You as a result of Your use of the Service. We shall have no
liability to You arising out of this
9.8 We shall have no liability to you for any:-
9.8.1 Consequential losses (including but not limited to loss of profits damage
to goodwill damage to reputation loss of date loss of programs and/or service
interruption);
9.8.2 Economic and/or other similar losses; and/or
9.8.3 Special damages and indirect losses
9.9 You shall be under a duty to mitigate any loss damage costs or expenses that
You may suffer
9.10 Each of the limitations and/or exclusions in this Agreement shall be deemed
to be repeated and apply as a separate provision for each of:
9.10.1 Liability for breach of contract
9.10.2 Liability in tort (including negligence); and
9.10.3 Liability for breach of statutory duty/
9.11 Nothing in this Agreement 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
9.12 Nothing in this contract shall exclude or limit any of Your statutory rights
which may not be excluded or limited due to You acting as a consumer
9.13 We shall have no liability to You for any delay in performance of this Service
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 terrorism war flood fire labour disputes strikes lock-outs riots civil
commotion malicious damage explosion governmental actions and any other similar
events
10. Indemnity
10.1 You agree to indemnify and keep indemnified Us against any and all losses
proceedings lost profits damages awards expenses costs (including increased administration
costs and legal costs on a full indemnity basis) claims actions and any other
losses and/or liabilities suffered by Us and arising from and/or relating to Your
use of the Service
11. General
11.1 All third party rights are excluded and no third parties shall have any right
to enforce this Agreement. This shall not apply to members of Our firm who shall
have the right to enforce this Agreement as if they were Us. Any right of a third
party to enforce this Agreement may be varied and/or extinguished without the
consent of any such third party
11.2 No waiver by Us of any breach of this Agreement shall be considered as a
waiver of any subsequent breach of the same provision or any other provision
11.3 This Agreement contains the entire agreement between You and Us. If any provision
of this Agreement is held by any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions of this agreement and
the remainder of the affected provision shall be unaffected and shall remain in
full force and effect
11.4 This Agreement is governed by and interpreted in accordance with English
Law and the parties agree to submit to the non-exclusive jurisdiction of the English
Courts
12. Licence
12.1 You are permitted to print and download extracts from this Website for your
own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear
in all copies.
12.2 Unless otherwise stated, the copyright and other intellectual property rights
in all material on this Website (including without limitation photographs and
graphical images) are owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website other than in accordance
with clause 12.1 above for any purpose is prohibited. If you breach any of the
terms in these terms and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed extracts
from this Website.
12.3 Subject to clause 12.1, no part of this Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without our prior written permission.
12.4 Any rights not expressly granted in these terms are reserved.
13. Service Access
12.1 While we endeavour to ensure that this Website is normally available 24 hours
a day, we will not be liable if for any reason this Website is unavailable at
any time or for any period.
12.2 Access to this Website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond our control.
14. Visitor Materials and Conduct
14.1 Other than personally identifiable information, which is covered under the
Privacy Policy, any material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations with respect
to such material. We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images, sounds, text
and other things embodied therein for any and all commercial or non-commercial
purposes.
14.2 You are prohibited from posting or transmitting to or from this Website any
material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party, in the UK or any other country in the
world; or
(d) which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
14.3 You may not misuse the Website (including, without limitation, by hacking).
14.4 We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting any
material in breach of clauses 14.2 or 14.3.
15. Links to and from other websites
15.1 Links to third party websites on this Website are provided solely for your
convenience. If you use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and are not responsible for
these websites or their content or availability. We therefore do not endorse or
make any representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely at your own risk.
15.2 If you would like to link to this Website, you may only do so on the basis
that you link to, but do not replicate, the home page of this Website, and subject
to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the
onepresent.co.uk logo;
(b) you do not create a frame or any other browser or border environment around
this Website;
(c) you do not in any way imply that we are endorsing any products or services
other than our own;
(d) you do not misrepresent your relationship with us nor present any other false
information about us;
(e) you do not otherwise use any onepresent.co.uk trade marks displayed on this
Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any other person
or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2
for breach of these terms and to take any action we deem appropriate.
15.3 You shall fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause 8.2.
16. Registration
16.1 To register with www.onepresent.co.uk you must be over eighteen years of
age.
16.2 Each registration is for a single user only. We do not permit you to share
your user name and password with any other person nor with multiple users on a
network.
16.3 Responsibility for the security of any passwords issued rests with you and
if you know or suspect that someone else knows your password, you should contact
us immediately.
16.4 We may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms and conditions.
17. Disclaimer
17.1 While we endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or to the products and prices
described in it, at any time without notice. The material on this Website may
be out of date, and we make no commitment to update such material.
17.2 The material on this Website is provided "as is" without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent permitted
by law, we provide you with this Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for these terms and conditions might have effect in
relation to this Website.
18. Other Liability
18.1 We, any other party (whether or not involved in creating, producing, maintaining
or delivering this Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all liability
and responsibility for any amount or kind of loss or damage that may result to
you or a third party (including without limitation, any direct, indirect, punitive
or consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any way
to business interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in connection
with the use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website or any websites
linked to this Website.
18.2 Nothing in these terms and conditions shall exclude or limit our liability
for (i) death or personal injury caused by negligence (as such term is defined
by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as
to a fundamental matter; or (iv) any liability which cannot be excluded or limited
under applicable law.
18.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs thereof.
18.4 You agree to indemnify us fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all claims, liability, damages,
losses, costs (including reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this Website, or the use by any other
person using your registration details.
19. Governing Law and Jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English courts.
19.2 We do not warrant that materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is prohibited to access the
Website from territories where its contents are illegal or unlawful. If you access
this Website from locations outside the United Kingdom, you do so at your own
risk and you are responsible for compliance with local laws.
20. Other
20.1 You may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions
20.2 If any provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the
validity of the remaining provisions which shall continue to have full force and
effect.
20.3 Only the parties to these terms and conditions may seek to enforce them under
the Contracts (Rights of Third Parties) Act 1999.
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