ImageNPay Terms & Conditions

Introduction

This User Agreement, the ImageNPay Privacy Policy, and all policies posted on our sites set out the terms on which ImageNPay offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies and the User Privacy Policy are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

 

You are entering into a contract with ImageNPay UK Limited, Riverside Innovation Centre, Castle Drive, Chester, CH1 1SL, United Kingdom, VAT number GB 285 587 056.

About ImageNPay

ImageNPay is a service which augments the experience for digital wallets, and connects the payment eco-system with merchants, brands, banks, loyalty providers and marketeers.

ImageNPay does not sell products online directly but connects payments with companies that do sell products online. Your contract for purchase of any of these products continues with the supplier of those products.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. ImageNPay does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, ImageNPay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

You authorise ImageNPay to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by ImageNPay, and any goods bought from ImageNPay partners. ImageNPay or chosen partners will notify you of these charges. You can change your payment method in My ImageNPay at any time.

ImageNPay will securely record all of your activity while using our services, inline with our privacy policy unless you ask us not to.

 Examples:

  1. Pay for media bundles

  2. Pay for goods that are sold through ImageNPay’s service.

  3. Trading media

  4. Privacy

Your use of our Services is subject to ImageNPay’s User Privacy Policy, which is available at https://www.imagenpay.com/privacy-policy.

Using ImageNPay

In connection with using or accessing the Services you will not:

 

  • It is your responsibility not to lose, destroy or damage Content once downloaded.

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights or our systems or policies;

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;

  • fail to pay for items purchased by you, unless you have a valid reason as set out in an ImageNPay policy, the seller has materially changed the item's description after you buy or a clear error is made.

  • post false, inaccurate, misleading, defamatory, or libellous content;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm ImageNPay, or the interests or property of ImageNPay users;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose.

  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any ImageNPay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to ImageNPay.  Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to ImageNPay or someone else; 

  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;

  • commercialise any ImageNPay application or any information or software associated with such application;

  • harvest or otherwise collect information about users, such as email addresses, without their consent; or

  • circumvent any technical measures we use to provide the Services.

  • If you are registering with ImageNPay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on ImageNPay, you must comply with all applicable laws relating to the service you use.

  • You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

  • If we believe you are violating the policy, you may be subject to a range of actions, including limits on your buying privileges, restrictions on account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement; We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. 

Abusing ImageNPay

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

 

  • we think that you are creating problems or possible legal liabilities;

  • we think that such restrictions will improve the security of the ImageNPay community or reduce our or another ImageNPay user's exposure to financial liabilities;

  • we think that you are infringing the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

  • you fail to make full payment of any fees due for our Services by your payment due date.

 

Conditions for updating media in digital wallets

When adding your card to our app, you agree to the following:

 

  • You are the card holder

  • You are responsible for the choice you make for the appearance of your card in the digital wallet.

  • You agree to the image owner’s rights and conditions.

Purchase Conditions

You enter into a legally binding contract to purchase an item when you commit to buy an item;

if you purchase an item on an ImageNPay site other than ImageNPay.co.uk you are subject to the User Agreement of that other ImageNPay site solely with respect to that particular purchase.

Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including ImageNPay users). You may use such catalogue content solely in connection with your ImageNPay listings during the time your listings are on ImageNPay's sites. That permission is subject to modification or revocation at any time at ImageNPay’s sole discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all ImageNPay policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Liability

We try to keep ImageNPay and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in ImageNPay's Services may not occur in real time. Such functionality is subject to delays beyond ImageNPay's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;

  • pricing, postage or other guidance provided by ImageNPay;

delays or disruptions in our Services;

viruses or other malicious software obtained by accessing, or linking to, our Services;

glitches, bugs, errors, or inaccuracies of any kind in our Services;

damage to your hardware device from the use of any ImageNPay Service;

the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

  • Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

  • You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

  • Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. ImageNPay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

  • Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Legal Disputes

If a dispute arises between you and ImageNPay, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and ImageNPay both agree to submit to the non-exclusive jurisdiction of the English Courts.

In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in ImageNPay user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the ImageNPay group (including, without limitation, in respect of any services provided by any member of the ImageNPay group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an ImageNPay credit balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, by posting the amended terms on www.imagenpay.co.uk and within our app. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an ImageNPay representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the ImageNPay site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The User Agreement, the ImageNPay User Privacy Notice and all policies posted on our site are the entire agreement between you and ImageNPay and supersede all prior understandings and agreements of the parties.

Legal notices shall be served by registered mail to ImageNPay (UK) Limited, Riverside Innovation Centre, Castle Drive, Chester, CH1 1SL, United Kingdom. We shall send notices to you by email to the email address you provide to ImageNPay during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

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UK Office

Riverside Innovation Centre

Castle Drive

Chester

CH1 1SL

HQ - Switzerland:

Fabrikstrasse 5
6330 Cham

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