Littlepay Terms of Use
Littlepay website terms of use

Littlepay Website Terms of Use

Introduction

www.dvlittlepay.wpenginepowered.com (the “Website”) is a site operated by Littlepay Limited (“Littlepay”). Littlepay is registered in England with company number 09709888 and has its registered office at Ridge Court, The Ridge, Epsom, Surrey, United Kingdom, KT18 7EP. Our VAT number is GB315338517.

These terms of use (“Terms”) describe how you may access and use the Website.

By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.

We recommend that you print a copy of these Terms for future reference.

In these Terms, references to “we, our, us” and similar expressions are references to Littlepay. When we refer to “you” and “your” we mean:

  • you, the person accessing or using the Website; and
  • where applicable, the business on whose behalf you are acting.

Please note that if you are acting for purposes relating to your trade, business, craft or profession, you will be a “Business User”. In all other cases, you will be acting as a “consumer”.

If you are acting on behalf of your employer or another business when you access and use the Website, you warrant that:

  • you have full legal authority to bind your employer or that business; and
  • you agree to these Terms on behalf of your employer or the business you represent.

Please note that the website uses cookies. For information about our use of cookies and how we process your personal information, please see our Cookies Policy, available here.

The Website
The Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may update the Website and/or change the content on it at any time. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for making all arrangements necessary to ensure that you 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 and that they comply with them.

The Website and the content on it are provided for general information only. They are 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 our Website.

Although we make reasonable efforts to update the information on our Website, we make no guarantees that the content on our Website is accurate, complete or up to date.

Acceptable Use

You agree:

  • not to use the Website in any unlawful manner, for any unlawful purpose or in any way which is inconsistent with these Terms;
  • not to transmit any material that is defamatory, offensive or otherwise objectionable when using the Website;
  • not to use the Website to transmit any information that is false, fraudulent or misleading;
  • not to infringe our rights or those of any third party, including intellectual property rights, when using the Website;
  • not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) via the Website;
  • except as permitted in these Terms, not to copy or otherwise reproduce or re-sell any part of the Website;
  • not to use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third party website or application;
  • not to collect or harvest any information or data from the Website or our systems or attempt to decipher any transmission to or from the servers running the Website; and
  • not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware to the Website.

We do not guarantee that the Website will be totally secure or free from bugs or viruses. It is your responsibility to configure any devices you use to access the Website and we recommend that you use your own virus protection software.

Intellectual Property

All intellectual property rights in the Website and its content, including the Littlepay name and mark are owned by us or our licensors. Those rights are protected by intellectual property laws and treaties around the world. All such rights are reserved.

No part of the Website including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, re-posted, modified, uploaded, transmitted, distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

We welcome any feedback you may have. However, please note that any feedback, ideas or suggestions you send us via the Website will be treated as non-confidential and non-proprietary (other than communications in respect of any orders you place with us). You agree that we are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in any feedback you provide to us for any purpose including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

You will retain ownership of your User Generated Content, subject to any pre-existing rights that third parties may have in its content. If your User Generated Content contains material and/or content owned or generated by another person, you should ensure that you have permission from that person to use such material and/or content before posting it on the Website.

You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual, worldwide licence to use, copy, modify, adapt, amend, prepare derivative works of, publish, transmit and distribute the User Generated Content in any format and through any media for any purposes including (without limitation): (i) advertising, marketing and promotion, including in relation to the Website and Littlepay; and (ii) allowing other users of the Website and other third parties to view, access and use your User Generated Content.

Changes
We reserve the right to update, change, suspend and/or discontinue all or any part of the Website from time to time, and to change and update these Terms. Please check these Terms regularly to ensure that you understand the Terms that apply at the time you use and access the Website.

Limitation of Liability

Nothing in these Terms will limit or exclude our liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other matter in respect of which it would be unlawful to limit or exclude liability.

The Website may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content of any third party web sites or services. We will not be liable for any loss or damage that may arise from your use of them.

If you are a Business User, then subject to clause 7.1:

  • in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or any indirect or consequential loss, whether in contract, tort (including negligence), breach of statutory duty or otherwise; and
  • our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to [£100].

If you are a Business User, you shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of a breach of these Terms.

If you are a consumer then, save as set out in clause 7.1, the following sub-clauses apply:

  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
  • You agree not to use the Website, or any content on it, for any commercial, business or resale purpose. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  • Nothing in these Terms affects your statutory rights.
  • Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise shall be limited to [£100].

Suspension and Termination
From time to time we may need to temporarily suspend the Website, for example in order to carry out system maintenance, to implement security measures and address systems issues.

Circumstances outside of our control may also cause interruption to or failure of the Website. These include, but are not limited to, internet and connectivity interruptions, power outages, and issues with third party systems which interact with the Website.

If you breach any of these Terms, we may immediately do any of the following:

  • provide you with a warning;
  • if you are a Registered User, suspend or terminate your Account;
  • withdraw your right to use the Website, on a temporary or permanent basis;
  • issue legal proceedings against you for reimbursement of all costs resulting from your breach (including, but not limited to, reasonable legal and administrative costs);
    take further legal action against you; and/or
  • disclose such information to law enforcement authorities as we feel is reasonably necessary.

Either you or we may terminate these Terms at any time for any reason. If you wish to terminate your agreement to these Terms, you may simply discontinue using the Website.

Other Important Information
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if we delay in enforcing these Terms against you, we can still enforce them later. If we do not immediately insist that you do anything you are required to do under these Terms, or if we delay in taking steps against you for breaching these Terms, that will not mean that you do not have to do those things and will not prevent us taking steps against you at a later date.

Governing Law and Jurisdiction

These Terms are governed by English law. This means that your access to and use of the Website and any dispute in relation to any of those things will be governed by English law.

If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms its subject matter or formation.

If you are a consumer, you can bring legal proceedings in the English courts or the courts of the country where you live, if that country is within the UK or is an EU Member State. We will bring legal proceedings in the courts of the country where you live if that country is within the UK or is an EU Member State, or otherwise in the English courts.

If you are a consumer and you are resident in the UK or the EU and we direct the Website (and/or pursue our commercial or professional activities in relation to the Website) to the country where you live, you will benefit from any mandatory provisions of local law. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

Contact
If you need to contact us for any reason, please:
email: legal@littlepay.com
write to us at one of our offices:

  • 5th Floor, 45 Folgate Street, London E1 6GL
  • 710 Collins Street, Docklands, VIC 3008, Australia

Terms last updated: [March 18 2022].