Please read these terms and conditions carefully before using this website

1.      Who we are and how to contact us

www.lopay.com is a Site (“Site”) which is owned and operated by Lopay Corp. (“we”, “Lopay”, “our” or “us”, as applicable) whose registered office is at 1209 Orange Street, Wilmington, Delaware 19801.

These terms govern your access to the Site, and your use of any technical information and services accessed on it (the "Materials").

To contact us, please email business@lopay.com.

2.      By using our Site you accept these terms

By accessing and using our Site, you will be bound by, and act in accordance with, these terms and our Privacy Notice and these terms of use apply regardless of how you access the Site, including any technologies or devices by which we make the Site available to you.

If you do not wish to be bound by these Terms then you should cease such access and/or use immediately. If you breach any of these Terms then your right to access and use our Site shall cease immediately.

3.      There are other terms that may apply to you

These terms refer to the following additional terms, which also apply to your use of our Site:

• Our Privacy Notice, which sets out how we use your personal data.
• Our Cookie Policy, which sets out information about the cookies on our Site.

If you make a purchase from our Site, our Terms of Service will also apply.

4.      We may make changes to these terms

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.

5.      We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our offerings, our users' needs and our business priorities without notice to you.

Any such amendments will be effective from the date that they are posted on this Site. Your continued use of this site will constitute your acknowledgement of the amended Terms.

Any changes we make that affect the services we provide to you will be made in accordance with our Terms of Service.

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6.      We may suspend or withdraw our Site

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 terms and other applicable terms and conditions, and that they comply with them.

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7.   Our Site is only available for users in the following countries

This Site, its content and services are directed at individuals and businesses located in the US. In particular, this Site may contain references to Lopay products or services that are not available in every country. We make no warranty or representation that any product or service referred to on this Site and/or any service we provide is available or otherwise appropriate for use outside of the United States. If you choose to use this Site from locations outside the United States, you do so at your sole risk and you are responsible for compliance with all applicable local laws.

Access to the products and services available on our Site may be subject to restrictions in certain countries or to certain individuals. It is your responsibility to ensure that your legal and fiscal status allows you to subscribe to the products and/or services available on this Site.

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8.   Registration

You must register for an account to receive the services provided through the Site.

To register an account on our Site you must either be a duly authorised business owner, principal or manager working on your own behalf or as a duly incorporated partnership or corporate body.

You will be responsible for ensuring the accuracy and completeness of the information you provide when completing the online registration form.

We reserve the right to refuse to register users or to decline applications.

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9.      You must keep your account details safe

Where we provide you access to secure parts of our Site, you acknowledge and agree that it is your responsibility to keep your username / password secure at all times and you must treat such information as confidential. You must not disclose it to any third party.

If you know or suspect that your username / password is compromised, you must promptly notify us using the contact detail set out in these Terms.

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10.   Security

As part of our online purchasing process we use industry-standard encryption technology, additionally some applications, such as the Diagnostic Device Agent (DDA), are also protected by the OAuth2 authentication. Therefore, you can use our Site with confidence. Please note, however, that no system can guarantee 100% security

11.   Restrictions on use

You must not 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.

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12.   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 such rights are reserved.

You must not use or re-use, send, knowingly receive, upload, download, any material:

• 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).
• in any way that involves child sexual exploitation or abuse.
• to upload terrorist content.

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 terms of use, 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.

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13.   No text or 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 the Site or any data, content, information or services accessed via the same.
• 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.

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.

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14.   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 expressed or implied, that the content on our Site is accurate, complete or up to date.

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15.   We are not responsible for webSites we link to

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.

Our Site may also host campaigns run by our third-party partners and which may contain embedded links to their content and websites. Such campaigns are not endorsed by us, and we are not in control of, or have any responsibility for, content or links provided by those third-parties.

In particular, our services are powered by our third-party payment processor Stripe and the Site may link to the Stripe website to assist you to better understand Stripe’s services. We are not responsible for the Stripe website, provide links to it for information only and you must follow Stripe’s applicable terms when interacting with its site.

We have no control over the contents of those Sites or resources.

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16.   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. Breaching this provision would constitute a criminal offense under the Computer Fraud and Abuse Act (CFAA) of 1986. We will report any such breach to the appropriate law enforcement authorities and cooperate with them, including disclosing your identity. In the event of such a breach, your right to use our site will immediately cease.

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17.   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 on the contact details set out at the beginning of these terms.

18.   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.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us using the contact details set out at the beginning of these terms.

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

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms of Service.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. We give no warranty as to the uninterrupted availability of this Site. We reserve the right to suspend, restrict or terminate your access to this Site at any time.

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.

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.

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20.   How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

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21.   Telephone and complaints  

Telephone calls that you make to us may be monitored and/or recorded. We use these records to train our personnel and more generally to improve our service to you.

If you are unhappy with the product or services supplied to you or have a complaint about our Site, or content on our Site, then please contact us at business@lopay.com.

We aim to resolve all complaint swiftly but no later than 20 working days. We retain copies of all complaints and related interactions you make with us. We use this information to train our personnel and improve our services, as well as our own legal purposes.

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22.   Our trademarks are registered

All trademarks displayed on the Site are subject to the trademark rights of Lopay Corp or are used under agreement by Lopay Corp. These trademarks include, but are not limited to, product brand names, slogans, and logos and emblems. You are not permitted to use them without our approval.

23.   Breach of these terms

If you fail to comply with any provision of these terms, we may take the following actions:

• Issue of a warning to you.
• Immediate, temporary or permanent withdrawal of your right to use our Site, including disabling any user password (and where relevant, the cancellation of any services we provide to you through our Site).
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
• Legal proceedings against you for reimbursement of all costs resulting from the breach.
• Further legal action against you.
• Where relevant, disclosure of information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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24.   Which country's laws apply to any disputes?

For Consumers: If you are a consumer, these terms are governed by the laws of the United States and, where applicable, the laws of your state of residence. Regardless of where you live, you may bring claims against us in the courts located in the United States. As a consumer, you will benefit from any mandatory provisions of the consumer protection laws in the state or country in which you are resident. Nothing in these terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

For Businesses: If you are a business, these terms of use, their subject matter, and their formation (including any non-contractual disputes or claims) are governed by the laws of the United States, and the state laws applicable in the state where we are headquartered. We both agree to the exclusive jurisdiction of the competent courts in the United States, and specifically in the state where we are headquartered.

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