Your use of the Service Portal is subject to your existing contract with Worldpay for the provision of services (the “MSA”) and these terms (the "Portal Terms"). These Portal Terms are supplemental to, and should be read in conjunction with your existing MSA. By accessing the Service Portal and using them, you are agreeing to be bound by these Portal Terms for yourself and on behalf of the organisation you represent.
1.1 Your use of the Service Portal is solely for your internal business purposes and you agree that you shall not publish or redistribute any content included in the Service Portal to any third parties. The content of the Service Portal is Confidential Information for the purposes of the MSA.
1.2 You undertake not to delete or alter any proprietary or copyright notices or trademark(s) or trademark notices appearing on the Service Portal.
1.3 We do not warrant that the information provided on the Service Portal is accurate, sufficient or error-free. All information provided on the Service Portal is provided on an “as-is” basis without any representations or warranties whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement of third party rights.
1.4 The electronic transmission of data, including but without limitation to, transmission via the internet cannot be guaranteed to be secure or error-free. There is always a possibility that data sent by electronic means could be intercepted by a third party, corrupted, lost, destroyed, delayed or otherwise adversely affected. As a result Worldpay shall not be liable to any party in respect of any error or omission arising from or in connection with the electronic transmission of information to you or your reliance on such data. This includes but is not limited to acts or omissions of your/our internet service providers. This exclusion of liability shall not apply in the event of any proven criminal, dishonest or fraudulent acts on our part.
1.5 You agree not to use the Service Portal for the distribution or transmission of any material that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
1.6 You agree not to, nor attempt to, rent, lease, sub-licence, loan, duplicate, modify, disclose or distribute the whole or any portion of the software used to provide the Service Portal, including without limitation, the access codes and information used by you to access the Service Portal.
1.7 Worldpay or its licensor retains all right, title and interest in and to all patent, copyright, trademark, trade secret and other intellectual property rights in the Service Portal and the content published on it. You do not acquire any rights in the Service Portal or its contents.
1.8 You agree not to, nor attempt to, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any software used to provide the Service Portal.
1.9 The Service Portal is provided to you free of charge during the trial or beta period. We reserve the right to introduce a charge after this period, on no less than one month’s notice.
1.10 In the event of any inconsistency with the MSA, these Portal Terms will apply to the extent of the inconsistency. Capitalised words and phrases shall have the meaning given to them in these Portal Terms and the MSA.
1.11 These Portal Terms and any dispute hereunder shall be governed by and construed in accordance with English law and you submit to the exclusive jurisdiction of the English courts in relation to any dispute hereunder.