Clearpay Website Terms
Please read these terms carefully before using the Clearpay website.
Last Updated: 3 August 2022
What these terms are for
These terms tell you the rules for using our website www.clearpay.co.uk and our App ("site").
By using our site, 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 site. Other terms including our Terms of Service, Privacy Policy and our Cookie Policy also apply to your use of our site and Clearpay account.
Who we are and how to contact us
Our site is operated by Clearpay Finance Limited (company number: 05198026) with our registered address at 101 New Cavendish Street, London, W1W 6XH ("Clearpay", "we", "our").
To contact us, please contact Clearpay customer services using the form on the Contact Us page on our site or by email at [email protected]
We may make changes to these terms
We may amend these terms at any time, to reflect changes to our site, our users' needs, our business priorities or changes in law. Any amendments to the terms will be uploaded to the site directly. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Our site
Our site is made available free of charge.
We may update or change our site from time to time. We do not guarantee that our site, or any content on it, will always be available, uninterrupted or free from errors or omissions. We may suspend or withdraw, discontinue or restrict the availability of all or any part of our site for business and operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site to knowingly introduce any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful materials. You must not try to gain unauthorised access, interfere with, damage or disrupt our site, the network on which our site is stored, or any computer, network or software connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching these provisions, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All these rights are reserved.
You may print off one copy and download extracts of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any pages or material you have printed off or downloaded in any way, and you must not use any images, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
We are not responsible for websites we link to
Where our site contains links to other websites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
How to make a complaint
If you have a complaint, please do so by using the form on the Contact Us section of our site. Once we have received your complaint, we will acknowledge it via email. We will then investigate your complaint and aim to issue our response within 21 days. If you have a complaint about a retailer that uses Clearpay, please contact the retailer directly.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the provision of our services to you which will be set out in separate terms agreed in writing between you and Clearpay.
If you are a business user: We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We 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 your use of, or inability to use, our site or your use of or reliance on any content displayed on our site. In particular, we 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: Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
Rules about linking to our site
You may only link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these terms.
Which country’s laws apply to disputes
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
