These terms apply to your access to the SSV Platform, meaning SSV’s website at https://ssvsmartpay.azurewebsites.net/ and SSV’s mobile applications that permit payments to be made by and to you, together “the Platform”. Please read them carefully.
The SSV Platform is operated by SSV Smartpay Limited (SSV) is a company incorporated and registered in England and Wales with company number 15424021, whose registered office is Level 18, 40 Bank Street, Canary Wharf, London E14 5NR, UK. SSV is a payment technology company.
To contact SSV, please email info@ssvsmartpay.co.
By using the SSV Platform you accept these terms
By using the SSV Platform, 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, you must not use the SSV Platform.
SSV recommends that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of the SSV Platform:
· SSV Platform Consumer/Merchant Terms of Service – which version applies depends on whether you are a consumer or business. The SSV Platform Consumer/Merchant Terms of Service apply if there is a discrepancy with these terms of use.
· SSV Consumer/Merchant App Privacy Policy – which version applies depends on whether you are a consumer or business.
SSV may make changes to these terms
SSV may amend these terms from time to time. Every time you wish to use the SSV Platform, please check these terms to ensure you understand the terms that apply at that time.
You are also responsible for ensuring that all persons who access the SSV Platform through your internet connection are aware of these terms of use and other applicable terms of service, and that they comply with them.
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 SSV’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.
SSV has the right to disable any user identification code or password, whether chosen by you or allocated by SSV, at any time, if in SSV’s 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 SSV at info@ssvsmartpay.co.
How you may use material on the SSV Platform
SSV is the owner or the licensee of all intellectual property rights in the SSV Platform, 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 SSV Platform for your personal use and you may draw the attention of others within your organisation to content posted on the SSV Platform.
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.
SSV’s status (and that of any identified contributors) as the authors of content on the SSV Platform must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on the SSV Platform for commercial purposes without obtaining a licence to do so from SSV or SSV’s licensors.
If you print off, copy, download, share or repost any part of the SSV Platform in breach of these terms of use, your right to use the SSV Platform will cease immediately and you must, at SSV’s option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of use).
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the SSV Platform or any services provided via, or in relation to, it for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
· any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the SSV Platform or any data, content, information or services accessed via the same.
· any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of SSV’s rights in this regard.
This clause will not apply insofar as (but only to the extent that) SSV is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to SSV.
SSV’s trade marks are registered
SSV SmartPay is a UK registered trade marks of SSV. You are not permitted to use it without SSV’s approval, unless they are part of material you are using as permitted under How you may use material on the SSV Platform.
SSV is not responsible for viruses
SSV does not guarantee that the SSV Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the SSV Platform. You should use your own virus protection software.
You must not introduce viruses
You must not misuse the SSV Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the SSV Platform or any part of it. You must not attempt to gain unauthorised access to the SSV Platform, the server on which the SSV Platform is stored or any server, computer or database connected to the SSV Platform or any other equipment or network connected with the SSV Platform. You must not interfere with, damage or disrupt any software used in the provision of the SSV Platform or any equipment or network or software owned or used by any third party on which the SSV Platform relies in any way. You must not attack the SSV Platform 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. SSV will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the SSV Platform will cease immediately.
SSV’s responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
· SSV does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by SSV’s negligence or the negligence of SSV’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
· Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in SSV Platform Consumer/Merchant Terms of Service – which version applies depends on whether you are a consumer or business
If you are a business user:
SSV excludes all implied conditions, warranties, representations or other terms that may apply to the SSV Platform or any content on it. SSV 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, the SSV Platform; or
· use of or reliance on any content displayed on the SSV Platform.
In particular, SSV 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.
If you are a consumer user:
· SSV only provides the SSV Platform for private use.
· If defective digital content that SSV has supplied damages a device or digital content belonging to you and this is caused by SSV’s failure to use reasonable care and skill, SSV will either repair the damage or pay you compensation. However, SSV will not be liable for damage that you could have avoided by following SSV’s advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by SSV.
How SSV may use your personal information
SSV will only use your personal information as set out in the privacy policies reference above.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. If there is a dispute you can bring claims against SSV in the English courts wherever you live. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against SSV in the courts of the country you live in. SSV can claim against you in the courts of the country you live in.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. SSV and you both agree to the exclusive jurisdiction of the courts of England and Wales.