Website Terms and Conditions of Use

What is in these terms?

These terms tell you the rules for using our website www.latepaymentaction.com (our site).

By using our site, you confirm that you accept these Website Terms and Conditions and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

Reference to "you" in these Website Terms and Conditions refer to you as the website user and the relevant business that you are accessing this website on behalf of. We do not provide services to consumers and this website is not directed at consumers.

Who we are and how to contact us

latepaymentaction.com is a site operated by Nobu Statutory Limited, a company incorporated and registered in England and Wales with company number 14408762 and with its registered address at The Octagon, Wells Road, Ilkley, England LS29 9JB, trading as "latepaymentaction.com" ("we" / "our" / "us" / "latepaymentaction.com"). Our VAT number is 438937547.

latepaymentaction.com does not provide services relating to: personal injury claims; financial services or financial product claims; housing disrepair claims; claims for a specified benefit; criminal injury claims; or, employment related claims. The services do not constitute FCA regulated claims management activity and latepaymentaction.com is not regulated by the FCA.

You may contact us via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

Other applicable terms

These Website Terms and Conditions refer to the following additional terms, which also apply to your use of our site:

• our Privacy Policy at latepaymentaction.com/privacy-policy/, which sets out information about the data we collect. We will only use your personal information as set out in our Privacy Policy; and
• our Cookie Policy at latepaymentaction.com/cookie-policy/, which sets out information about the cookies on our site.

If you purchase services from our site, our Terms and Conditions, a copy of which is available on request and provided as part of the claim pack or together with the assignment documents (as applicable), will apply to the provision of services.

Our site is only for businesses

This site, its content and any services provided in relation to it are only targeted at, and intended for use by, businesses that supply goods and services within the United Kingdom (the "Permitted Territory"). By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you (and the relevant business) are located in the Permitted Territory. If you are not located in the Permitted Territory, you must immediately discontinue use of this Website and any related content and services. We do not represent that content available on or through our site is appropriate for use or available in other locations.

Changes and transfers

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities.

We may transfer our rights and obligations under these terms to another organisation.

Suspension and site withdrawal

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Website Terms and Conditions and other applicable terms and conditions, and that they comply with them.

Account and password safety

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures or e-signature process, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms and Conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

Using 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 such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

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, download, share or repost any part of our site in breach of these Website Terms and Conditions, 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.

No text mining, data mining or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. 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 our site or any data, content, information or services accessed via the same; and / or
• any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Prohibited uses

You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• 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;
• in any way that involves child sexual exploitation or abuse; or
• to upload terrorist content.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Website Terms and Conditions; and
• not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

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. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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.

Third party website links

Where our site contains links to other sites and resources provided by third parties, these links are provided for your 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.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of our site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about or report content

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

If you wish to complain about any other content, please contact us via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

Our responsibility for loss or damage suffered by you

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 or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Our total aggregate liability to each user arising out of or in connection with these Website Terms and Conditions shall be limited to £50. Different limitations and exclusions of liability apply to any services we supply to you; these are set out in our Terms and Conditions, a copy of which is available on request and is provided as part of the claim pack or together with the assignment documents (as applicable).

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:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

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; and/or
• any indirect or consequential loss or damage.

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. However, we will not be liable for damage that you could have avoided by following our 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 us.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these Website Terms and Conditions.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the "Rights you are giving us to use material you upload" section of these Website Terms and Conditions.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Website Terms and Conditions.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use that content:

• to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service forever; and
• for other users, partners or advertisers to use the content for their purposes forever.

We are not responsible for viruses and you must not introduce them

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.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database 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 this provision, you would 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.

Rules about linking to our site

You may 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 Website Terms and Conditions.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via one of the methods on our Contact Us page at latepaymentaction.com/contact/.

Breach of this policy

When we consider that a breach of these Website Terms and Conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these Website Terms and Conditions constitutes a material breach upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site;
• immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Website Terms and Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Applicable laws

If you are a business, these Website Terms and Conditions, their subject matter and their 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.

We do not provide services to consumers and this website is not directed at consumers. However, if you are a consumer, please note that these Website Terms and Conditions, 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.

Our trade marks

You are not permitted to use any of the intellectual property or trademarks of latepaymentaction.com without our written approval, unless they are part of material you are using as permitted under the "Using material on our site" section of these Website Terms and Conditions.