Please read these Terms and Conditions (the "Terms and Conditions") relating to your use of the paymotonovofinance.com website (the "Site"). By accessing the Site you are bound by these Terms and Conditions.
These Terms and Conditions apply in respect of all access by you of the Site.By using this site, you are agreeing to these terms and conditions, and are agreeing to be legally bound by them.
All intellectual property rights in all the materials contained in the Site, the software used in the Site, any materials provided to you and the data collected by the Site (the "Content") including but not limited to patents, copyright, database rights, trademarks, design rights and domain names belong to MotoNovo Finance and you shall obtain no rights in the Content save as set out in the following sub-clause.
You may access and view the Content and may retrieve and display Content from the Site on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store Content in electronic form on your computer's local hard-disc for your personal, internal use only. However, you may never copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission.
3.CHANGES TO CONTENT
MotoNovo Finance may make changes to any part of the Site or the Content (including without limitation these Terms and Conditions) at any time. Where MotoNovo Finance make changes to these Terms and Conditions, MotoNovoFinance will notify you of any such changes by including reference to changes on the Site's Terms and Conditions page. By using the Site after the date of any change you are agreeing to those changes. If you do not agree to any of the changes you should not use the Site after the date of the changes that you do not accept. Ceasing to use the Site under this section does not constitute termination of the Terms and Conditions or release you from any continuing obligations under the Terms and Conditions.
4.PROVISION OF SERVICES
MotoNovo Finance reserves the right to vary the nature of, or to terminate the provision of, any Service, with immediate effect and for whatever reason.
5.WARRANTIES AND LIMITATION OF LIABILITY
The Content is for general information only and is provided on an "as is" and an "as available" basis. MotoNovo Finance makes no representations and gives no warranties as to the accuracy, availability, completeness, merchantability, quality or fitness for any particular purpose of the Content.
MotoNovo Finance does not warrant that the Content or the Site is virus-free or that the operation of the Site will be uninterrupted or error free.
Except as expressly stated in these Terms and Conditions, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to warranties and conditions as to fitness for purpose and as to merchantable or satisfactory quality) are hereby excluded to the maximum extent permitted by law.
You further agree that:
(i) you will inform MotoNovo Finance immediately on becoming aware of any unauthorised use, or if any equipment used by you to access the Services is stolen;
(ii) MotoNovo Finance may invalidate or otherwise suspend use of the account if (a) you are in breach of its obligations under these Terms and Conditions or (b) you are notified, or become aware, of any unauthorised or improper use of the account by you or any third party, or of the fact that any equipment used to access the Site and the Services has been stolen.
(a) Without prejudice to the other provisions of these Terms and Conditions (including in particular but without limitation clause 8 above) each of the parties hereto undertakes with the other that it shall, and it shall procure that its officers employees and agents shall, maintain in strictest confidence and not divulge or communicate to any third party any confidential information relating to the other.
(b) The provisions of sub-clause 9(a) above shall not apply to any confidential information to the extent that:
(i) either party is required to divulge the same by a Court tribunal or governmental authority with competent jurisdiction
(ii) it has already come within the public domain other than by the default of the obliging party
(iii) it was already known to the obliging party prior to the date of disclosure by the other party (as evidenced by written records)
(iv) it was independently obtained by the obliging party from a third party other than in breach of such third party's confidentiality obligation to the disclosing party
(v) it is necessary or desirable for MotoNovo Finance to disclose it to Solicitors or other persons involved in its processes
When MotoNovo Finance receives a Payment Instruction, you authorise MotoNovo Finance to debit your Account for an amount designated by you.
MotoNovo Finance will use its best efforts to process all your payments properly. Transactions will be entered on your account(s) as quickly as administratively possible. However, MotoNovo Finance shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
9.STATUTORY COMPLIANCE AND DATA PROTECTION
Both parties hereto undertake to each other that in respect of their obligations under these Terms and Conditions they will at all times comply fully with all relevant legislation including without limitation the Consumer Credit Act 1974 and the Data Protection Act 1998 and all re-enactments thereof and amendments thereto.
Any personal data that is provided by you will be held and processed by MotoNovo Finance for the purpose of providing its Services, and MotoNovo Finance may use this data for its internal administrative purposes, and any other related matters. As part of this process MotoNovo Finance may disclose this data to its agents and sub-contractors and other members of its group but MotoNovo Finance will not disclose it to any other third parties.
Without prejudice to the foregoing, you will ensure that the provision by you to MotoNovo Finance of personal data and MotoNovo Finance's use of such data in carrying out the Services shall not result in MotoNovo Finance infringing the Data Protection Act 1998.
(a) In the event of MotoNovo Finance being rendered unable wholly or in part by force majeure to carry out its obligations under these Terms and Conditions it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuance of the same it being agreed that MotoNovo Finance shall use all reasonable endeavours to remove or avoid such force majeure with all reasonable despatch.
(b) The term "force majeure" as used herein shall mean acts of God strikes lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions any failure of hardware and/or software and/or telecommunications services or equipment which is used by MotoNovo Finance to provide the services which is due to the default of a third party and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent.
No failure by either party to exercise any right or remedy available to it hereunder nor any delay to exercise such right or remedy shall operate as a waiver thereof nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
These Terms and Conditions constitute the entire understanding between the parties relating to the subject matter of these Terms and Conditions and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations, understandings, advertising literature or correspondence with respect hereto, except in respect of any fraudulent misrepresentation made by a party. Except in respect of any fraudulent misrepresentation made by a party, the parties acknowledge that they have not relied on any representations, writings, negotiations or understandings, whether express or implied, (other than as set out in these Terms and Conditions) in entering into these Terms and Conditions. Neither party limits or excludes its liability in respect of fraudulent misrepresentation.
These Terms and Conditions are severable in that if any provision of these Terms and Conditions is determined to be illegal or unenforceable by any Court of competent jurisdiction it shall be deleted to that extent and no further without affecting the remaining provision of these Terms and Conditions.
The headings used for these Terms and Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.
These Terms and Conditions shall be governed, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.