Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

These terms govern your use of our website plimportal.com (the "Website") and our application for mobile and handheld devices (the "App") and any assignees and permitted licenses thereof.

PLIMPortal AG and its affiliates (collectively, “PLIM”, “we”, “our”, and “us”) license you to use :

The Website and App (the “Platforms”) together with the data supplied on the Platforms and any updates or supplements to it.
The service you connect to via the Platforms and the content we provide to you through it (PLIM Service).

as permitted in these terms.

All policies, terms and conditions, release and waiver, and the like issued by PLIM (“PLIM Terms”) shall be incorporated by reference and shall form a substantive part of the arrangements to the Users.

GENERAL

DEFINED TERMS

For the purposes of the these Terms of Use:

“Merchant” refers to one of the registered merchants with PLIM
“Customer” refers to one of the registered users that wish to engage a Merchant.
“Merchant Services” refers to any service provided by a Merchant.

Information published on the Platforms is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that PLIM may at its own discretion alter the information on its Platform from time to time.
PLIM shall have no liability arising from the use by any party of the information on the Platforms. PLIM does not warrant the information on the Platforms in any way and in particular, no warranty is given that the Platforms or its contents or hypertext links are virus free, error free or will be available on an uninterrupted basis. You are advised to make your own virus checks and to implement your own precautions in this respect. PLIM excludes all liability for contamination or damage caused by any virus or electronic transmission.
The following are the terms of use that govern the use of the Platforms (“Terms of Use”). By using the Platforms, you expressly agree to be bound by these Terms of Use, PLIM’s general privacy policy and to comply with these Terms of Use and all applicable laws and regulations governing the use of the PLIM Services and the Platforms. PLIM reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Platforms. Please check this page periodically.
If you violate these Terms of Use, PLIM may terminate your use of the Platforms, ban you from future use of the Platforms, and/or take appropriate legal action against you.
If you do not agree to the PLIM Terms, please do not use the Platforms.

YOUR PRIVACY

We only use any personal data we collect through your use of the Platforms and the PLIM Services in the ways set out in our privacy policy. Please read below for our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

TERMS OF GOOGLE PLAY STORE AND APPLE STORE ALSO APPLY

The ways in which you can use the App may also be controlled by the rules and policies of Google Play and/or Apple Store and these rules and policies please ensure you have read these rules and policies before use of the App.

OPERATING SYSTEM REQUIREMENTS

The App requires a smartphone device with a minimum of [32GB of memory and at least an operating system of Android (version) or IOS (version).

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support: If you want to learn more about the Platforms or the PLIM Service or have any problems using them, please take a look at our support resources at our Website.

Contact us (including with complaints): If you think the Website, App or the PLIM Services are faulty or are not described correctly or you wish to contact us for any other reason please email our customer service team at [email protected]

How we will communicate with you: If we have to contact you we will do so by email or by SMS using the contact details you have provided to us. We will not send you marketing emails or SMS you unless you have expressly checked the box to receive such emails or SMS.

HOW YOU MAY USE THE WEBSITE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON PLUS FAMILY ACCOUNT

In return for your agreeing to comply with the PLIM Terms you may:

download the App onto your smartphone (Android or IOS) and view, use and display the App and the Service on such devices for your personal purposes only.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS, ACCESS THE WEBSITE AND DOWNLOAD THE APP

You must be 18 or over to accept these terms, access the Website and download the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the PLIM Services as set out above. You may not otherwise allow access to or transfer the App or the PLIM Services to someone else, whether for money, assets or for free or otherwise. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or otherwise to improve our quality of services to you.

We will give you at least 5 days notice of any change by sending you details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you should notify us and we will access whether it is appropriate for you to continue to use the Platforms and the PLIM Service in accordance with the existing terms but with certain new features subject to the updated PLIM Terms not be available to you or whether your use of the Platforms and the PLIM Services should be terminated so as to protect your rights and ours.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the Website, App and change the PLIM Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the PLIM Services.

We will try our best for the App to work with the current or previous version of the operating system (as it may be updated from time to time) but we cannot guarantee the same.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the PLIM Terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Website, App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

Our PLIM Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the PLIM Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services settings. If you turn off the location services settings, you may not be able to obtain the PLIM Service via the App.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Platforms or any PLIM Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENSE RESTRICTIONS

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the Website, App or the PLIM Services in any form, in whole or in part to any person without prior written consent from us;
not copy the Website, App or PLIM Services, except as part of the normal use of the Website or App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website, App or PLIM Services nor permit the Website, App or the PLIM Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Website, App and the PLIM Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website, App or the PLIM Services nor attempt to do any such things;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website, App or any PLIM Service.

ACCEPTABLE USE RESTRICTIONS

You must:

not use the Website, App or any PLIM Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, App, any PLIM Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Website, App or any PLIM Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website, App or any PLIM Service;
not use the Website, App or any PLIM Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any PLIM Service or our systems or attempt to decipher any transmissions to or from the servers running any PLIM Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Website, App and the PLIM Services throughout the world belong to us or our licensors and the rights in the Website, App and the PLIM Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Website, App or the PLIM Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are not responsible to you for loss and damage. The Platforms and the PLIM Services are only to facilitate a purchase of Merchant Services from a Merchant or accepting a purchase from a Customer. Hence we are not responsible for any losses or damages that you may incur in connection with the Merchant Services.

We are not liable for business losses. We have no liability to you for any loss of profit, loss of reputation, loss of data, loss of good will, loss of data, loss of business, business interruption, or loss of business opportunity. We further have not liability to you for indirect or consequential losses of any kind. Nothing in these Terms of Use are intended to exclude liability which we cannot exclude by operation of law.

Limitations to the Website, App and the PLIM Services. The Website, App and the PLIM Services are provided for information purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platforms or the PLIM Services.

Check that the Website, App and the PLIM Services are suitable for you. The Website, App and the PLIM Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Website, App and the PLIM Services meet your requirements.

WE MAY END YOUR RIGHTS TO USE THE WEBSITE, APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the Website, App and Services at any time by contacting you if you have breached any of the PLIM Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Website, App and PLIM Services:

You must stop all activities authorised by these terms, including your use of the Website, App and any PLIM Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the PLIM Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will aim to ensure that the transfer will not affect your rights.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing before the transfer takes place. Any attempted transfer without our consent will not be recognized by us as a valid transfer and you will remain responsible to us for your obligations.

RELEASE

You agree that neither PLIMnor its affiliates or licensors are responsible for the merchants and/or the customers. Each customer has a direct contract with the merchant and the parties recourse is direct between the merchant and customer and not plim. By accepting our terms, you have released plim, its affiliates and employees from any and all claims, liabilities, costs, expenses, losses or damages known and unknown, arising out of or in any way connected with such disputes.

PLIM is not in any way responsible for the merchant services you obtain from merchants, including, without limitation, the quality of such merchant services and how and whether such merchant services are delivered. We do not endorse or guarantee any of the merchant services offered. We do not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the PLIMservices. You must contact the merchant to resolve any issues you have with respect to the merchant services you obtained from the merchant. Further, you may have certain dispute rights through your credit/debit card issuer if you pay with a credit/debit card. Any disputes filed with your credit/debit card issuer shall be between you and the issuer, and we shall not be held liable for such disputes.

You agree that if you are a customer accepting the instalment payments provided by us, then you have a special contract between PLIM and you for those payments and nothing else.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you shall defend, indemnify, and hold harmless us, members of our group and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal expenses, that arise from or relate to your use or misuse of, or access to, the services, content, or otherwise from your content, violation of the PLIMterms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. This means you will be responsible for any loss or damage we suffer as a result of any such breaches.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

LIMITATION OF LIABILITY

If a court of competent jurisdiction finds PLIM liable to you for any reason, the maximum compensation payable by PLIM to you in all cases shall be fifty pound sterling only.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights to third parties to enforce any term of these terms.

IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING OUR RIGHTS, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing any agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

IF ANY PROVISION OF THESE TERMS IS OR BECOMES UNENFORCEABLE

If any provision of the PLIM Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these PLIM Terms.

INTERNATIONAL USE

We make no promise that the PLIM Services are appropriate or available for use in locations outside Switzerland and accessing the PLIM Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platforms from locations outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

If you are a Customer, please note that these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by the laws of Switzerland. You agree that the Swiss courts will have non-exclusive jurisdiction.

If you are a business/non natural person, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by the laws of Switzerland and you agree to the exclusive jurisdiction of the Switzerland courts.

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