Website Terms of Use

Welcome to the Convera payment services website!

Custom House Financial (UK) Limited, itself or through certain other affiliated entities which offer payment services under the brand of “Convera” (a “Payments Entity” and collectively “Us”, “Our” or “We”) hereby offers you, the user (“You” or “Your”), access to our customer website (the “Online System”).

Your access and use of the Online System is strictly subject to these terms of use, Our online privacy statement, notices, disclaimers and any other terms and conditions applicable from time to time for use of the Online System, as made available to You on the Online System (collectively, the “Terms of Use”), and You hereby agree to be bound by them when using or accessing the Online System.

If you do not agree to these Terms of Use, you may not use or access the Online System.

If You use any of the services and/or products contained or referred to within the Online System for which alternative or additional terms and/or conditions are referenced, such terms shall govern Your use of such services and/or products in addition to the Terms of Use.

We may, from time to time and without notice, vary or modify the Terms of Use. Any subsequent access, viewing or otherwise use the Online System constitutes acceptance of the variations or modifications.

The Terms of Use and Your access to the Online System may be terminated by Us in Our absolute discretion without notice to You. All restrictions, licenses, disclaimers and limitation of liability survive termination of the Terms of Use.

 

Content on the Online System

Any and all information and content made available through the Online System (the "Content") is provided solely as a convenience to You for general informational purposes only (the “Permitted Use”) and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Content is not provided to You for purposes of resale, distribution, public display or performance, or any other uses by You in any form or manner whatsoever.

You agree not to permit use of the Online System by any third party You have not authorized to represent You. If You are acting as an agent, You represent and warrant You are acting as an agent in compliance with all applicable law and regulation.

You are solely responsible for and represent and warrant the accuracy and completeness of the information You input into the Online System, including all personal or payment information, and You have the right, including all necessary permission and consents, to input all information required into the Online System.

The Online System may have links to third party websites, information or content. We have no control or responsibility over, and do not investigate, monitor, or check for accuracy third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties, and therefore We do not assume any liability for your use of any of the foregoing.

If you decide to exit the Online Platform and access third party web sites, You do so at your own risk, and these Terms of Use will no longer apply.

 

Intellectual Property Rights for use of the Online System

You are granted a non-transferable, non-exclusive, revocable license (a “Limited Use License”) to:

  • Access and use the Online Platform strictly in accordance with these Terms of Use; and

  • Display, download, archive or print a single copy of any discrete Content, or any information and/or content otherwise distributed by or from US, solely in accordance with the Permitted Use.

Except for the Permitted Use contained in this Limited Use License, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You acknowledge and agree that all copyright and other intellectual property rights in and to the Online System are and remain Our exclusive property.

 

Your Conduct on the Online System

Your Limited Use License is subject to the following restrictions and prohibitions on use ("Conduct Obligations") of the Online System. You hereby agree that You shall not:

  1.  Upload, post, transmit, share or otherwise make available through, or to, the Online System any content that:

    • Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;

    • Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

    • You know (or ought to know) is false or misleading, provide false information about yourself, impersonate any other person, or otherwise attempt to mislead others about Your identity, Your affiliation with any person or entity, or the origin of any content, message, or other communication;

    • Might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or;

    • Contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  2. Not directly or indirectly, decompile, disassemble, reverse engineer or otherwise attempt to derive or discern the source code or internal workings of the Online System;

  3. Disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to the Online System, or its computer systems, servers, or networks;

  4. Use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Online Platform, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses;

  5. Use the Online System for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Online System or to other third parties.

  6. Redistribute any Content, including but not limited to financial and currency data, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the Permitted Use;

  7. Present, archive, cache, frame, scrape, or mirror any Content from any part of the Online System within another web site;

  8. Remove, obscure, or alter any of Convera’s intellectual property rights present on or in the Online System, including but not limited to copyright, trademark, and/or patent notices; and/or

  9. Remove, disable, defeat, or change any functionality or appearance of the Online System or intentionally alter the format in which Content is provided by Us.

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action We solely deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to You and Your usage history, posted materials, IP addresses, and traffic information vis a vis use of the Online System.

 

Disclaimers Applicable to these Terms of Use

You understand and agree that the Online System is provided on an "as is" and “as available” basis. We make no warranty that the Online System will meet Your requirements or that use of the Online System will be uninterrupted, timely, secure or error free; nor do We make any warranty as to the results that may be obtained from use of the Online System or the accuracy or reliability of any information obtained through the Online System. We disclaim all warranties of any kind, whether express, implied or statutory regarding the Online System, including any implied warranty of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement of third party rights and accuracy of data.

We will not be responsible for any third party web sites or third party applications software and content, directly or indirectly, accessed through hypertext links on the Online Platform, including but not limited to any errors in or omissions therefrom.

We may, without notice, suspend any part or all of the Online System in order to reduce or prevent fraud, if required by law or in order for emergency maintenance or repairs to be carried out. We will use reasonable endeavors to give prior notice on the Online System for any prolonged outages.

 

Liability for Use of the Online Platform

You agree that all risk associated with the use of, or reliance on, any of the Content accessed through the Online System rests with you. You further agree that We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Content.

You agree to cover any loss, costs or damages suffered by us; and our respective subsidiaries, affiliates, officers, employees and representatives from any claim or demand, including legal fees and expenses, in connection with or related to (a) any inaccurate information provided by you, or (b) arising out of your (I) unlawful or negligent use of the online system; (II) intentional misuse of the online system; or (III) breach of the terms of use.

We will not be responsible for any loss or damage to a mobile device resulting from Your access or use or attempted use of the Online System.

You understand and agree that we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for lost data or lost profits arising from or relating to your use of the online system or any other matter relating to the Online System.

Our total cumulative liability to you for any and all claims under any theory of law (including contract, tort (including negligence), equity and statute) and underthe terms of use will not exceed $5,000 usd. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you (to the minimum extent necessary not to infringe the relevant law).

 

Privacy and Data Confidentiality

We will use or process any data provided by You on the Online Platform in accordance with Our privacy statement, which is available on the website. We shall take commercially reasonable efforts to safeguard the confidentiality of the information You provide to Us on the Online System under these Terms of Use, but, in no event will the information You provide on the Online System be deemed to be confidential, create any fiduciary obligations to You by Us, or result in any liability to You in the event that such information is inadvertently released by Us or any Payments Entity or accessed by third parties without Our consent.

 

Miscellaneous

  • Third Party Rights: You agree that any loss, damage, cost or liability incurred by Us to the extent arising out of Your breach of the Terms of Use will be deemed to have been incurred by Us and will be recoverable by Us from You as if they were losses, damages, costs or liability suffered directly by Us. Unless otherwise expressly provided for in the Terms of Use, nothing in this Terms of Use purports to create legal rights for, or enforceable by, any party other than a Payments Entity.

  • Binding Effect: You agree that the Terms of Use are binding upon You and govern Your access and use of the Online System. If any provision of the Agreement is unenforceable, it will not affect the enforceability of any other provision.

  • Amendments: We may amend the Terms of Use by posting the amended terms on the Online System.

  • Injunctive Relief. We, or any Payment Entity, will be entitled to temporary, preliminary and permanent injunctive relief against the user, in addition to other rights and remedies to which it may be entitled at law or in equity.

  • Governing Law: The Terms of Use are governed by the laws of England and Wales, without regard to Your choice of law. You agree that any dispute You may have against US, or a Payments Entity, must be resolved exclusively by a court located in London, England.

  • Force Majeure: We are not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Our reasonable control.

  • No Waiver: A delay or omission by Us to exercise any right or power under the Terms of Use will not be construed to be a waiver thereof.

  • No Assignment: You may not assign, transfer or otherwise deal with Your rights or obligations created under the Terms of Use without Our prior written consent.

  • Compliance with Laws: You agree to comply with all applicable federal, state, provincial and local laws, regulations, ordinances and codes.