Xylyx Terms of Use

1. GENERAL
1.1 Xylyx services (the services) are provided by Xylyx Limited (“XL”) also referred to as “we” or “us”, company number 6752661 whose registered office is at 71 Castle Street, Farnham, GU9 7LP, UK and your contractual relationship for the services is with XL.

1.2 Set out here are the terms and conditions that govern your use of the services and the associated websites (“Website”). Our Data & Privacy policy as detailed on the Website forms a part of these terms and conditions. It is important that you read and understand these terms and conditions before you start to use the services. You can print and keep a copy for your reference.

1.3 These terms and conditions (and all communications) are in English and are governed by and will be construed in accordance with English law and the English courts shall have sole jurisdiction in any legal proceedings.

1.4 For the purposes of these terms and conditions the words you and your mean (as the context shall require) the person, firm, partnership or limited company that applies for and is accepted as a customer of XL.

2. USING THE SERVICES
2.1 The services provide a mechanism for collecting payments for online purchases of approved goods and services and optionally for disbursement of received monies. Processes are utilised from various payment gateways eg Moneybookers.

2.2 Reasonable efforts will be made to keep the services available for use, however, access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the services.

2.3 Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website. We will use best endeavours to keep the Website free of such interference and malicious activity.

2.4 If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party’s website, nor do we accept any responsibility for your use of that website.

3. REGISTRATION OBLIGATIONS
3.1 In consideration of your use of the Website, you agree to provide us with (a) true, accurate, current and complete information about yourself as requested and (b) to maintain and promptly update such information.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we reserve the right to suspend or terminate your access to the service and refuse any and all current or future use of the Website.

4. PAYMENT
4.1 All payments are made to you directly through your payment gateway and not to or through XL.

4.2 XL is not responsible for the provision of any services by payment gateways and shall not be considered the agent of or otherwise responsible for the provision of its online payment collection facilities.

5. DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE WEBSITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT

6. LIMITATION OF LIABILITY YOU EXPRESSLY AGREE AND UNDERSTAND THAT XL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY USE OF THE SERVICE.

7. INTELLECTUAL PROPERTY
7.1 Use of the Website is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

7.2 All rights in the design, text, graphics and other materials on the Website are the copyright of XL.

7.3 The services, their functionality and the customer journey is the copyright of XL. Reproduction of part or all of the content of the Website is prohibited. Software reproduced in and on the Website is also copyright XL. You may not use (other than as is expressly or impliedly licensed) resell, reverse engineer, decompile or otherwise modify such software.

7.4 “Xylyx” is the trademark of XL.

8. OTHER CONDITIONS
8.1 XL shall not be liable for any failure to provide, or delay in providing, any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, and power failure.

8.2 If any part of these terms and conditions (and/or notices on the Website) are found to be invalid or unenforceable, the remainder of these terms shall continue in full force and effect.

8.3 We reserve the right to change the terms, conditions and disclaimers under which the Website or any service provided on it is offered.

8.4 You agree to indemnify and keep indemnified us, our directors, employees, and agents from and against any action, cost, cause, claim, damage, debt, demand or liability, including the reasonable costs of our solicitors, counsel and any other advisers we consider appropriate to retain, asserted by any person, arising out of or relating to: (a) these terms and/or any breach by you thereof; (b) your use of the Website, including any data, content, or material transmitted or received by you; (c) any unacceptable or objectionable use of the Website, as we determine in our sole discretion; (d) any negligent or willful misconduct by you; and (e) as otherwise provided in these terms.

8.5 You agree that XL may, in its sole discretion, terminate your password, account (or any part thereof) or use of the service, and remove and discard any information held by us for any reason, including, without limitation, for lack of use, failure to pay any fees on time or at all or other moneys due to us, or if we believe that you have breached these terms. We may also in our sole discretion and at any time discontinue providing the service, this Website or any part thereof, with or without notice. You agree that any termination of your access to the service and this Website under any provision of these terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the service or this Website.

8.6 XL is not subject to any out of court redress scheme. Should you have reason to complain, you may do so by telephone, or in writing by email or post. If you have a complaint, please contact us directly and your complaint will be investigated fully by our customer relations team and you will receive a prompt reply. If you wish to lodge your complaint please email: contact@xylyx.com

8.7 No forbearance or delay by either party in enforcing the provisions of these terms and conditions will prejudice the rights, powers or remedies available to that party, and such right, power or remedy will be cumulative.

8.8 You may not assign, subcontract or otherwise transfer any rights and obligations under these terms and conditions, whether in whole or in part, without the prior written consent of XL. We shall be able to assign the benefit of all or part of these terms and conditions.

8.9 Headings in these terms and conditions are for convenience only and shall not affect its interpretation. 8.10 These terms and conditions represent the entire agreement between the parties, and neither party shall attempt to rely upon any prior understanding or representation which may have been made.