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Terms and Conditions

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Terms and Conditions

PaySelf Limited (the Company) provides access to its services (services) to individuals, sole proprietors, partnerships, businesses and corporations (user, seller, buyer or you) subject to the following terms and conditions (User Agreement). Our service includes, but is not limited to, www.payself.co.uk, online services, account management services and customer support (site and services).

These terms and conditions are applicable to any users use of our services available under the domain and sub-domains at http://www.payself.co.uk (the “Site”). If you do not agree to adhere to these terms and conditions then you must not use or access our services via the Site.

You must read, agree with and accept all of these terms and conditions, including those expressly set out below and those incorporated by reference, before you may become a user of the Site. Use of or access to the site and/or services shall constitute acceptance of this User Agreement.

The Company reserves the right to amend these Terms and Conditions by posting the amended Terms and Conditions on the Site. Any amended Terms and Conditions will become effective immediately.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site and/or services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or merchandise.

•  User Identification

All information provided by you must be accurate and true. If information provided is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to cancel the transaction, either current and/or future (or any portion thereof).

•  User Conduct

Users must be over 18 years of age and/or able for form a legally binding contract.

Users agree that their transaction does not violate any applicable local and/or international laws. Processing of any transaction does not guarantee the offer, sale, purchase, export, import, validity or legality. You accept sole responsibility for the legality of your actions/transaction under laws applying to you.

Users are responsible for obtaining and maintaining the equipment and internet services necessary to access and use the sites and/or its services.

The Company may, at its sole discretion, immediately terminate User access to the site and or its services should a users conduct fail to confirm with these terms and conditions.

•  PaySelf Escrow Limitations

The Company will not participate in any escrow transaction pertaining to: firearms, weapons or munitions; pirated software, music or videos; counterfeit items; false ID or documentation; illegal drugs or paraphernalia; embargoed items; human and/or animal remains or organs; club memberships or timeshares; the transfer of licences or title; or intangible items or services which cannot be verified by escrow; information (ie mailing lists); or any other item the Company, in its sole discretion, deems unlawful. The company reserves the right to reject any application for use of the sites and or services on any transaction for any reason.

The Company shall not be responsible for the transfer of title for personal property. The company shall not be held liable and makes no warranties regarding verification of ownership or verification of existing encumbrances against property.

Users agree that PaySelf is not responsible for the return of goods or for disputes between parties after the transaction has been completed. For the avoidance of doubt completion is deemed to have occurred upon release of funds from the PaySelf escrow account.

Should goods fail to have been released to the buyer within 15 days of the end of the transaction, the Company reserves the right to return all funds (minus its own non-refundable fees) as appropriate and cancel the PaySelf escrow transaction.

•  Deposit of Funds

PaySelf will only notify the parties once cleared funds have been received into the PaySelf escrow account. Funds accepted in the following format [to be agreed]

Funds held by PaySelf do not earn interest. The Company will not be responsible and accepts not liability for the devaluation of funds received or refunded to either party, as a result of the conversion of foreign currency or variation in exchange rates during the period of the transaction.

•  Fees and Charges

Upon receipt and processing of funds, the Company service fee (or any portion thereof) becomes non-refundable.

•  Unclaimed Funds

Funds held in the PaySelf escrow account cannot be released without:-

a) The mutual instruction of both parties;

b) Performance or implementation of the policies set forth in the T &Cs

•  a Court Order

Unclaimed funds will remain in the PaySelf escrow account for a maximum period of one year, after which time ownership transfers to the Company.

•  Disclaimer

No advice or information, whether oral or written, obtained through any aspect of the Company and or its site/services shall create any warranty not expressly made herein.

The Company expressly disclaims any warranties of any kind, express or implied, statutory or otherwise, including but not limited to merchantable warranties, fitness for a particular purpose and non-infringement. The service is provided on an “as is/available” basis. The Company makes no warranty that the service/site will meet Users requirements, or that the site/service will be uninterrupted, timely, secure or error free; nor does the Company make any warranty as to the results that may be obtained from the user of the site, service, its accuracy, its reliability or that defects in the software will be corrected.

The above limitations may not apply if users jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.

•  Limitation of Liability

The Company shall not be liable for direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Services/site or for the cost of procurement of substituted goods and services. The Company shall not be liable for messages received or transaction entered into through the site/service resulting from unauthorised access to or alternation of users transmission or data including but not limited to damages for loss of profits, use, data, or other intangibles, even if the Company has been advised of the possibility of such damages. In no event will the Company's total liability to a User exceed the amount paid by that User for the PaySelf service. The Company shall not be held liable or responsible for any agreements, whether verbal or written, between Users that are not documented as part of the PaySelf transaction. The Company shall not be liable for any communications received and acted upon by Users that were not initiated by the Company.

The above limitations may not apply if the Users jurisdiction does not allow for the limitation of exclusion of liability for incidental or consequential damages.

•  Indemnification

Users shall, at their expense, agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys fees) incurred by the Company arising from or relating to any third party claim, suit, or proceedings associated with the Users use of the Company site and/or services, violation or infringement of the Company's terms and conditions by Users(or others using the site and/or Service through a Users computer) or any allegation that the information Users have provided hereunder 1) is factually inaccurate, misleading or deceptive; 2) infringes or misappropriates any copyright, trademark, trade secret or other intellectual property right of any third party; or 3) is libellous, defamatory, obscene or pornographic or violates other civil or personal privacy; provided the Company promptly notifies the User(s) in writing of such claim and promptly tenders full control of the Defence and settlement if any such claim to Users at their expense.

•  Disputes Between Parties/Users

Users understand and agree that any dispute between Users be resolved through the following four step process

a) Attempt to settle directly with other party as with any other transaction

•  Involvement of The Company to mediate

•  Arbitration through third party independent mediator

•  HM Court

Any dispute between Users shall be submitted to mediation. Users shall be responsible for payment of all fees and costs associated with the mediation process. The decision by the mediator is final and legally binding and the Company will disburse funds according to the instructions given. The Company shall be entitled to its non-refundable escrow fee regardless of the outcome of any mediation. The Company will provide relevant communications, still in existence, between the Company and the relevant parties, as well as the transaction history, to both parties, upon request. The Company may, at its sole discretion, terminate its site and/or services to any User should that Users' conduct fail to comply with the Company's terms and conditions.

•  Modification and Amendments of Agreement

The Company may amend these terms and conditions, the site and or service at any time and in any manner, with or without notice to Users. The Company shall not be liable to any User and/or third party should these rights be exercised. Each use by a User reaffirms that Users' agreement to be bound and abide by the Terms and Conditions in existence at that time.

•  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.

Please note that your country may have laws which apply to your transactions with other users regardless of what you agree with us now or later.

The laws of your country may be different to English Law. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the site and/or services. There is no practical way for the Company to continually monitor the laws of every country. No assumption in this regard is to be made by you and all responsibility in this regard is accepted by you.

•  Entire Agreement

This Agreement constitutes the entire agreement between the User and the Company, and it supersedes any previous agreements, whether oral or in writing, between Users and the Company. The Company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will be communicated to the Users before its enforcement

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