Terms & Conditions
Effective 15th November 2018
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Terms of website use
This terms of use (together with the documents referred to in it) tells you the
terms of use on which you may make use of our website www.totalprocessing.com
(“Website”), whether as a guest or a registered user. Use of the Website includes
accessing, browsing, or registering to use the Website.
Please read these terms of use carefully before you start to use the Website, as
these will apply to your use of the Website. We recommend that you print a copy of
this for future reference.
By using the Website, you confirm that you accept these terms of use and that you
agree to comply with them.
If you do not agree to these terms of use, you must not use the Website.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your
use of the Website:
• Our Privacy Policy, which sets out the terms on which we process any personal data
we collect from you, or that you provide to us. By using the Website, you consent to
such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy , which sets out information about the cookies on the
Website.
Information about us
www.totalprocessing.com is a site operated by Total Processing Limited (“We“). We
are registered in England and Wales under company number 09841252. and have our
registered office at 111 Piccadilly, Manchester, M1 2HY. Our VAT number is GB 244280225.
Changes to these terms
We may revise these terms of use at any time by amending this page. Please check
this page from time to time to take notice of any changes we made, as they are
binding on you. If you use the Website after we have published these changes, you
will be agreeing to be bound by them. If you do not agree to be bound by the revised
terms of use, you should not use the Website.
Changes to the Website
We may update the Website from time to time, and may change the content at any time.
However, please note that any of the content on the Website may be out of date at
any given time, and we are under no obligation to update it.
We do not guarantee that the Website, or any content on it, will be free from errors
or omissions.
Accessing the Website
The Website is made available free of charge, although you should be aware that
charges for internet use may apply at rates determined by your provider.
We do not guarantee that the Website, or any content on it, will always be available
or be uninterrupted. Access to the Website is permitted on a temporary basis. We may
suspend, withdraw, discontinue or change all or any part of the Website without
notice. We will not be liable to you if for any reason the Website is unavailable at
any time or for any period.
You are responsible for making all arrangements necessary for you to have access to
the Website.
You are also responsible for ensuring that all persons who access the Website
through your internet connection are aware of these terms of use and other
applicable terms and conditions, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Website,
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 one copy, and may download extracts, of any page(s) from the
Website for your personal use and you may draw the attention of others within your
organisation to content posted on the Website.
You must not copy, download, upload, modify reproduce, transmit, delete, add to,
distribute in any way, or otherwise use for any purpose any of the materials
(whether in tangible of printed or electronic form) from, or embodied in, the
Website 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
the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes
without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, upload, modify, reproduce, transmit, delete, add
to, distribute in any way, or otherwise use any part of the Website in breach of
these terms of use, your right to use the Website will cease immediately and you
must, at our option: (i) return or destroy any copies, downloads, uploads,
modifications, reproductions of the materials you have made; and/or (ii) cease to
transmit, distribute in any way, and/or or otherwise use, the materials you have
made.
No reliance on information
The content on the Website is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain professional
or specialist advice before taking, or refraining from, any action on the basis of
the content on the Website.
Although we make reasonable efforts to update the information on the Website, we
make no representations, warranties or guarantees, whether express or implied, that
the content on the Website is accurate, complete or up-to-date.
Limitation of our liability & Indemnity
Nothing in these terms of use excludes or limits our liability for death or personal
injury arising from our negligence, or our fraud or fraudulent misrepresentation, or
any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to the Website or any content on it,
whether express or implied.
We and our employees, officers, directors, shareholders, affiliates, agents,
representatives, licensors, suppliers and service providers will not be liable to
you (whether in contract, tort (including negligence), breach of statutory duty,
misrepresentation (whether innocent or negligent) or otherwise, in all cases even if
foreseeable) for any indirect, incidental, consequential, special, exemplary or
punitive damages of any kind, under any contract, negligence, strict liability or
other theory, including without limitation, damages for loss of profits (whether
direct or indirect), sales, business or revenue, loss of use, loss of data loss of
other intangibles, business interruption, loss of anticipated savings, loss of
business opportunity, goodwill or reputation, loss of security of submissions or
other materials or information you have provided in connection with your use of the
Website, or unauthorized interception or any such materials or information by third
parties, even if advised in advance of such damages or losses in particular and
without limitation we and our employees, officers, directors, shareholders,
affiliates, agents, representatives, licensors, suppliers and service providers will
not be liable for damages of any kind resulting from your use of or inability to use
the Website or from any content posted on or made available through the Website by
us or any third party, your sole and exclusive remedy for dissatisfaction with the
Website or any materials created through the Website is to stop using the Website.
Our maximum liability for all damages, losses and causes of action, whether in
contract, tort (including without limitation negligence or otherwise) shall be the
total amount, if any, paid by you to us to access and use the Website.
We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may infect
your computer equipment, computer programs, data or other proprietary material due
to your use of the Website or to your downloading of any content on it, or on any
website linked to it.
We assume no responsibility for the content of websites linked on the Website. Such
links should not be interpreted as endorsement by us of those linked websites. We
will not be liable for any loss or damage that may arise from your use of them.
While we try to maintain the integrity and security of the Website and the servers
from which the Website is operated, we do not guarantee that the Website will be or
remain secure, complete or correct, or that access to the Website will be
uninterrupted. The Website may include inaccuracies, errors and materials that
violate or conflict with these terms of use.
You agree to defend, indemnify and hold harmless us and our employees, officers,
directors, consultants, shareholders, affiliates, agents, representatives,
licensors, suppliers and service providers, from and against all claims, losses,
costs and expenses (including attorneys fees) arising out of your use of, or
activities in connection with, the Website; or any violation of these terms of use
by you.
Viruses
We do not guarantee that the Website will be secure or free from bugs or
viruses.
You are responsible for configuring your information technology, computer programmes
and platform in order to access the Website. You should use your own virus
protection software.
You must not misuse the Website by knowingly introducing, including without
limitation, any viruses, trojans, easter eggs, worms, logic bombs, time bombs,
spyware or computer code or other material which is malicious or technologically
harmful or is intended to damage, disrupt, interfere with or hijack the operation
of, or monitor the use of, any hardware, software or equipment, or of the Website
itself or the servers or networks used to make the Website available. You must not
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of
the Website. ·You must not use any robot, spider, site search/retrieval application
or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in
any way gather Website content or reproduce or circumvent the navigational structure
or presentation of the Website. You must not attempt to gain unauthorised access to
the Website, the server on which the Website is stored or any server, computer or
database connected to the Website. You must not attack the Website 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 the Website will cease
immediately.
Linking to the Website
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 the Website in any website that is not owned by
you.
The Website must not be framed on any other site, nor may you create a link to any
part of the Website other than the home page.
We reserve the right at any time and in its sole discretion, to block links to the
Website through technological or other means without prior notice.
Third party links and resources in the Website
Where the Website contains links to other websites and resources provided by third
parties, these links are provided for your information only and do not represent an
endorsement of that website by us. Because we have no control over such sites and
resources, you acknowledge and agree that we, our employees, officers, directors,
shareholders, affiliates, agents, representatives, licensors, suppliers and service
providers are not responsible for the availability of such external sites or
resources, and we, our employees, officers, directors, shareholders, affiliates,
agents, representatives, licensors, suppliers and service providers neither endorse
nor are responsible or liable for any content, advertising, products or other
materials on or available through such websites or resources.
Other websites may provide links to the Website with or without our authorization.
You acknowledge and agree that we, our employees, officers, directors, shareholders,
affiliates, agents, representatives, licensors, suppliers and service providers do
not endorse such sites, and are not and shall not be responsible or liable for any
links from those sites to the Website, any content, advertising, products or other
materials available on or through such other sites, or any loss or damages incurred
in connection therewith.
Termination
These terms of use are effective until terminated. We, in our sole discretion, may
terminate your access to or use of the Website, at any time and for any reason,
including if we believe that you have violated or acted inconsistently with the
letter or spirit of these terms of use. Upon any such termination, your right to use
the Website will immediately cease. You agree that any termination of your access to
or use of the Website may be effected without prior notice, and that we may
immediately deactivate or delete your password and user name, and all related
information and files associated with it, and/or bar any further access to such
information or files. You agree that we shall not be liable to you or any third
party for any termination of your access to the Website or to any such information
or files, and shall not be required to make such information or files available to
you after any such termination.
Electronic communications
When you visit the Website or send e-mails to us, you are communicating with us
electronically. For contractual purposes, you consent to receive communications
electronically from us and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. This condition does not affect
your statutory rights.
Applicable law
These terms of use, its subject matter and its 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.
Trade marks
Our trade marks (whether registered or unregistered), trade names and any service
marks (“Trade Marks”) appearing on the Website are the property of Total Processing
Limited and may not be used by you in any manner. All other trade marks, trade names
or service marks not owned by us (or any companies within our parent’s group of
companies), that appear on this Website are the property of their respective owners,
who may or may not be affiliated with, or connected to, us (or any companies within
our parent’s group of companies) and are also subject to similar restrictions on
use.
Contact us
If you have any questions regarding the meaning of application of these terms of
use, please direct such questions to [email protected] Please note that
e-mail communications will not necessarily be secure; accordingly you should not
include credit card information or other sensitive information in your e-mail
correspondence with us.
Miscellaneous
These terms of use do not, and shall not be construed to, create any partnership,
joint venture, employer-employee, agency or franchisor-franchisee relationship
between you and us. If any provision of these terms of use is found to be unlawful,
void or for any reason unenforceable, that provision will be deemed severable from
these terms of use and will not affect the validity and enforceability of any
remaining provision. You may not assign, transfer or sublicense any or all of your
rights or obligations under these terms of use without our express prior written
consent. We may assign, transfer or sublicense any or all of our rights or
obligations under these terms of use without restriction. No waiver by either party
of any breach or default hereunder will be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or section title contained herein
is inserted only as a matter of convenience, and in no way defines or explains any
section or provision hereof. This, together with all policies referred to herein, is
the entire agreement between you and us relating to the subject matter hereof and
supersedes any and all prior or contemporaneous written or oral agreements or
understandings between you and us relating to such subject matter. Notices to you
may be made via posting to the Website, by e-mail, or by regular mail, in our
discretion. The Website may also provide notices of changes to these terms of use or
other matters by displaying such notices or by providing links to such notices.
Without limitation, you agree that a printed version of these terms of use and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these terms of use to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. We will not be responsible for
failures to fulfil any obligations due to causes beyond our control.