Introduction and preliminary terms
Welcome to ClearPay, which is made available to you via:
the mobile application software (as described in clause 1.6) (the ‘App’).
These terms and conditions (‘Terms’) apply to all users of the App and the Site (‘Visitors’). By downloading and using the App and/or by using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the App or Site.
Please read these Terms and the related policies referred to at clause 1.9 below, carefully before you use the App or Site, as these will apply to your use of the App or Site.
Both the Site and the App are owned and operated by ClearPay Finance Limited (‘we’, ‘the Company’, ‘ClearPay’, ‘our’ or ’us’, as applicable). For further information about us and our contact details, please go to our Contact Us
We are a financial services business with expertise in the retail technology market, bringing you the best in product choice and customer service. We make it easy for you to obtain credit to buy products and spread the payment over a fixed duration, with a quick and easy application process, fully supported by the App and the Site.
When we refer to the “App” we mean the mobile application software supplied by ClearPay Finance Limited (together with its content, any upgrades and any other software or documentation which enables the use of the App), which can be used on iOS and Android devices, subject to and in accordance with any rules, policies, licences or terms (‘End-User Licence Agreement’) imposed by the provider or operator from whose site, the Visitor downloads the App (the ‘App Store’). By downloading and using the App you agree to the terms of the End User Licence Agreement of the App Store.
We do not sell the App to you. We remain the owners of the App at all times and licence you to use:
the App and any updates or supplements to it; and
the content we provide to you through it.
as permitted in these terms.
You must be 18 or over to accept these Terms and use the App or Site.
. They all form part of our agreement with you so please take the time to read them. For the avoidance of doubt however the terms upon which the credit is granted to you are set out in the Loan Terms and Conditions in place between you and us (‘Loan Agreement’). These Terms govern your use of the App and Site.
We recommend that you print or save a copy of these Terms for future reference.
These Terms were most recently updated on the date of posting that appears at the top of this page.
If you have any queries or concerns regarding these Terms or the App or Site, please email us via the email address stated in our Contact Us
2 Accessing and using the App or Site and updates
This App requires installation on an iPhone or android device with the following minimum requirements:
a supported iPhone Device – iPhone 6 - and above with supported operating system version iOS – 10; or
a supported Android Device – supported by Lollipop (Android 5.0 ) with supported operating system version Android –Lollipop (5.0).
In return for your agreeing to comply with these Terms you may:
download or stream a copy of the App onto the devices referred to at clause 2.1 above and view, use and display the App on such devices for your personal purposes only.
provided you comply with the clause 8 "General Prohibitions on Access and Use of the App or the Site”, make limited copies of the App as are necessary for back-up purposes; and
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.
We are giving you personally the right to use the App as set out in clause 2.2 above, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If you download or stream 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 these Terms, whether or not you own the phone or other device.
Anyone can access the App or Site using their web browser and/or internet connection. However, if you want to use the full range of services available on the App or Site, you will need to log in to your account as detailed at clause 4 below.
We try to make the App and the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
From time to time we may automatically update the App or Site 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.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
We recommend that you back up any content and data used in connection with the App or Site to protect yourself in case of problems with the App or the Site.
to see how we use your personal information.
4 Your account
Your account will be created when you apply and are accepted for a line of credit by us, at such point you will be provided with your username and invited to set up a password.
You must make sure that all the information you provide when using the App or Site is true, accurate, current and complete.
If you change any of your account details (e.g. email address, postal address), you must update your account.
Once you have logged into your account you will be able to view your:
payment plan including the order details;
the payments made (if any);
the next payment due date;
whether your account is in arrears; and
your outstanding balance.
to see what security measures they have in place and how they treat your information.
Where you make a payment via the App or Site or via our call centre, this will show on your account immediately. Where your payment is made via your continuous payment authority (as defined in the Loan Agreement) then this will be reflected in your account balance on the next working day.
To help us maintain the security of the App and the Site, you must keep your account details confidential and not disclose these to any third party. If you become aware of any misuse or unauthorised use of your account details, then you must inform us immediately by sending us an email at [email protected]
If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the App or Site. We will also terminate your account and/or access to the App or Site where we suspect or discover that you are using the App or Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
You can close your account at any time as long as you do not have an outstanding balance on your account under your Loan Agreement.
We reserve the right to delete your account and any personal data or other information associated with your use of the App or Site if there is no activity on your credit account for more than 90 consecutive days. We will also delete your account where your Loan Agreement is terminated or in the event that you die.
5 Promises, liability and disclaimer
The App and the Site is provided on an “as is” and “information only” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the App or Site and its content, whether express, implied, oral or written. In particular, we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the App or Site and you should not rely on it being accurate, truthful or complete.
You agree that your access and use of the App or Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the App or Site is used. The content and information that we make available on the App or Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the App or Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the App or Site.
By using the App or Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the App or Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly, we do not make any promises about the availability or accessibility of the App or Site or promise that your access to the App or Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free.
We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the App or Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the App or Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
We will not be responsible or liable to any Visitors browsing the pages of the App or the Site for:
any form of indirect, consequential or special loss; or
any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
for death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in paragraph 5.6) shall be limited to £100.
You agree only to use the App or Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the App or Site) or any liability we incur as a result of the use of the App or Site by you and any other person that uses your account.
7 Intellectual Property Rights and our content
All intellectual property rights in the App and the Site throughout the world belong to us (or our licensors) and the rights in the App and the Site are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Site other than the right to use them in accordance with these Terms.
All of the content on the App or Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
Our content includes any information or other material found on or via the App or Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the App or Site.
We make the App and the Site and our content available through the App or Site for your personal, non-commercial use only. You may view the App or Site’s pages and content online and may, where necessary, print individual pages of the App or Site on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the App or Site, other than as expressly permitted under these Terms without our prior written consent.
To be clear, you are not in any circumstances permitted to:
make commercial use of any such content;
edit any such content; or
remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
The trade marks appearing on the App or Site are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
8 General prohibitions on access and use of the App or the Site
You may use the App or Site only for lawful purposes. You may not use the App or Site:
in any way that breaches any applicable local, national or international law or regulation or in any manner inconsistent with these Terms;
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;
in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
to knowingly transmit, send or upload any data or other 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.
not to infringe our intellectual property rights or those of any third party in relation to your use of the App or the Site and not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Site;
to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Site;
not to reproduce, duplicate, copy, re-sell, rent, lease, sub-license, loan, provide, or otherwise make available any part of the App or Site in contravention of the provisions of our Terms;
not to translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Site nor permit the App or the Site or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on your device in accordance with these Terms;
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Site nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or Site to obtain the information necessary to create an independent program that can be operated with the App or Site or with another program (‘Permitted Objective’), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App or Site;
- is kept secure; and
- is used only for the Permitted Objective;
not to access without authority, interfere with, damage or disrupt:
a) any part of the App or site;
b) any equipment or network on which the App or Site is stored;
c) any software used in the provision of the App or Site; or
d) any equipment or network or software owned or used by any third party.
You shall not carry out data mining, screen scraping or crawling of the App or the Site, its pages or its content or use any process or processes that send automated queries to the App or Site unless you have obtained our prior written consent.
We may end your rights to use the App and Site in the circumstances stated at clauses 4.8 and 4.10 above and/or at any time that we reasonably consider that you have breached these Terms in a serious way. 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 App and Site:
You must stop all activities authorised by these Terms, including your use of the App and any Site.
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 Site.
9 Third-Party software
The App incorporates certain open-source software (‘Open Source Software’) which shall be deemed to be incorporated within the App for the purposes of these Terms.
Use of the Open Source Software shall be subject to the applicable licence terms and notices set out in the Appendix to these Terms (‘Open Source Licence Terms’) as may be updated from time to time. By continuing to download and use the App, you acknowledge and accept the Open Source Licence Terms.
You further acknowledge that the Open Source Software is provided “as is” and expressly subject to the disclaimer in clause 5.1
You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the App or Site. This software will be clearly identified on the App or Site.
In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
You acknowledge that the App or Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
If you decide to access any of these third-party websites, you do so entirely at your own risk.
You may only link to the App or Site provided that:
the homepage is not loaded into frames on your website, unless we expressly agree;
your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
we reserve the right to withdraw linking permission any time without prior notice.
11 Technical data
By using the App or the Site, you agree to us collecting and using technical information about the devices upon which you use the App or access the Site and related software, hardware and peripherals to improve our products and to provide any services to you.
12 Copyright complaints
Content hosted on third-party websites accessible from the App or the Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
13 General complaints, feedback and requests for further information
A copy of our complaints procedure is available on request. If you have any general complaints or wish to request further information about the App or Site, please contact us via email at [email protected]
or by post to ClearPay Finance Limited, 7th Floor Oakland House, Talbot Road Old Trafford, Manchester, M16 0PQ and we will do our best to resolve these. Complaints that we cannot resolve and which do not apply to the App or Site specifically may be referred to the Financial Ombudsman Service. Further information on the Financial Ombudsman Service can be found at www.financial-ombudsman.org.uk
Your feedback and suggestions about the App or Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
14 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App or Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms.
Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.
Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The contract between us will be concluded in English.
Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
16 Changes to these Terms
We may need to make changes to these Terms from time to time, for example, to reflect changes in law or best practice, to deal with additional features which we introduce, or for technological development or operational reasons. We will notify you of such changes by sending you an email with the modified Terms or by posting a copy of them on the App or Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the App or Site, whichever is the earlier. If you continue to use the App or Site after that period has expired, it means that you accept any such changes. If you do not accept the notified changes you will not be permitted to continue to use the App or the Site.
17 Contact us
The App and the Site are owned by ClearPay Finance Limited, a company incorporated in England. The registered office address of ClearPay Finance Limited is: 7th Floor Oakland House, Talbot Road Old Trafford, Manchester, M16 0PQ.
Our registered company number is 05198026
Tel number: 0161 333 2410.
Email: [email protected]