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Terms and conditions

  1. TERMS & AGREEMENT
    1. Payper Ltd (Company Number 09780349) of 154 Bishopsgate, London, EC2M 4LN, United Kingdom (Payper) grants you a non-exclusive, limited and revocable licence to use and access the Payper (Clouder) mobile application, web platform and order management dashboard (Application) subject to these terms and conditions (Terms).
    2. The Application facilitates the placing of orders (Orders) and/or payments (Payments) by third party customers (Customers) for eliquids, ecigarettes, coils, mods and/or other products and services (Sellers Services) provided by participating third party retail shops, wholesalers, distributors, manufacturers and other types of Sellers and businesses (Sellers).
    3. The Application facilitates Payments using payment service providers Bluesnap and PayPal. Acceptance and compliance with Bluesnap Terms and Conditions (https://home.bluesnap.com/terms-and-conditions/) and PayPal Terms and Conditions (https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full?locale.x=en_GB) is a requirement for the Sellers and the Customers.
    4. In these Terms, references to “us”, “we” and “our” refer to Payper and references to “you” and “your” refer to the Customer.
    5. By using the Application and placing Orders, you and the Sellers agree to be bound by these Terms (Agreement).
    6. If you do not agree with these Terms you must immediately stop using the Application.
    7. You and the Sellers agree that we may change, update or otherwise amend the Application and these Terms at our absolute discretion and you should review these Terms from time to time.
  2. PAYPER SERVICES & SELLERS SERVICES
    1. Please read these terms carefully before you submit your order to Payper. These Terms tell you who we are, how we will provide services to you, how you and we may vary or end the Agreement, what to do if there is a problem and other important information.
    2. Payper acts only as a platform service to facilitate Orders/Payments and Sellers discovery (Payper Services). You authorise Payper to process Orders, take Payments and contractually commit you in respect of the supply of the Sellers Services in accordance with these Terms.
    3. You acknowledge and agree that any claim or dispute arising from or in connection with the Sellers Services, whether for breach of contract or otherwise, shall be between you and the Sellers, notwithstanding anything to the contrary in these Terms or on the Application.
  3. REGISTRATION
    1. In order to use the Payper Services, you must be registered with us as a Customer.
    2. Sellers must register with us before we can connect them with the Customers for the purposes of supplying the Sellers Services.
    3. We reserve the right to accept, reject, suspend or remove registration in our absolute discretion.
    4. You may have restricted access to the Application and may browse the Sellers Services using the Application without registering, but you will not be able to Order or make Payments until you register.
    5. As part of the registration process, we will request the Sellers’ and Customers’ personal and contact information (including your full name, email address and/or phone number), or to access your Facebook or Google profile login (from which we will obtain relevant details, if you allow us to do so).
    6. You agree and represent that you have provided or will provide accurate and complete information regarding your registration, profile and payment card details, and will update such information as appropriate.
    7. The Sellers agree and represent that they will provide accurate and complete information regarding its Sellers Services enabling us to list the Sellers Services as described by the Sellers.
    8. You must maintain your username & password to access the Application. It is your responsibility to keep your username & password secure.
    9. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission.
    10. Our Privacy Policy details how your and the Sellers’ information will be used.
    11. We will use the personal information you provide via Application to supply the products to you, to process your payment for the products and to give you information about similar products that we provide, which you may opt-out from by contacting us.
  4. LIMITED LICENCE
    1. You may install and use a copy of the Application on your mobile device. You may not use the Application or the Payper Services in any way incompatible with their intended purpose. In particular, you may not:
      1. make any copy of the Application (other than the permitted copy on your mobile device and a single back-up copy to the extent necessary to exercise your rights under this Agreement);
      2. modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Application or any content or software element of the Application;
      3. sub-license, assign or transfer your rights or obligations under this Agreement nor permit use of the Application by any other person; nor
      4. access and use the Payper Services using any interface other than that provided by the Application.
    2. You may request to close your personal account of the Application by sending an email to us (support@clouder.co.uk). If we gave you access to our merchant website system, you may request removal of your account at any time by sending an email to us (support@clouder.co.uk).
    3. We may withdraw the Payper Services, remove Sellers’ accounts and associated content and/or terminate or suspend Sellers’ access to the Payper Services at any time at our absolute discretion, including, without limitation, if any Seller is in breach, or we reasonably suspect that the Seller is in breach of, any term of this Agreement, or if we cease to offer (or change the way in which we offer) the Application or the Payper Services. Neither you, nor the Sellers will be entitled to any compensation for such withdrawal, removal, termination or suspension.
    4. Following termination or suspension of the Payper Services for any reason, we may retain Customers and Sellers profiles and other records for record keeping, analysis and statistical purposes. Please see our Privacy Policy for further details.
    5. If reasonably requested by us from time to time (by means of a notice on the Application within the relevant Application store or otherwise), you agree to install and use an upgraded version of the Application in place of your current version, or to uninstall the Application if we cease to offer Payper Services to the Customers. All upgrades will fall within the definition of "Application" under these Terms.
  5. ORDERS
    1. The images of the Sellers Services on our Application are for illustrative purposes only. Although we have made every effort to display the Payper Services accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    2. All Sellers Services are subject to availability.
    3. You will be guided on the Application through the steps required to make an Order for Sellers Services.
    4. You are responsible for all details and any errors in any Order. In particular, you should check the accuracy of your Order, the relevant Sellers Services and the amount of any related Payment and correct any errors prior to placing any Order.
    5. All Orders must be made and paid for via the Application. The Order details will be used to process Payments and generate your receipt for Payment.
    6. All payments received by us from you will be processed and sent directly to the Sellers.
    7. Payper does not issue refunds to the Customers but undertakes to facilitate the procedure for refunds between the Customers and the Sellers.
    8. If the Order has been placed, but Seller has not accepted it, the Customer may cancel the order in the Application. This will also cancel the Payment associated with that Order. In cases where the Seller has already accepted the Customer’s Order, but the Customer demands to cancel it, it is up to the Seller whether the Order can be cancelled, subject to statutory cooling off period pursuant to clause 6 (2).
  6. CANCELLATION
    1. All refunds as a result of cancellations will be issued and paid to you by the Sellers directly. We will only be responsible for issuing refunds to you directly if processing of your Order was disrupted due to the failure of the Application.
    2. After an Order is approved by the Seller, the Order becomes legally binding and the Customer becomes liable to pay for the Sellers Services Ordered, subject to the statutory right to cancel your Order without giving any reason within 14 days from the day on which you receive the Sellers Services. You must inform us of your decision to cancel your order by contacting us.
    3. The Sellers shall reimburse all payments received from you for the Sellers Services purchased, no later than 14 days from the day on which we received the above communication.
    4. Refunds will be issued to you by the Sellers directly and the Sellers reserve the right to withhold reimbursement until the Sellers have received the Sellers Services back and/or you have supplied evidence of shipment, whichever is the earliest.
    5. In the event if Payper came to the Seller’s location to pick up items but the Ordered Sellers Services are out of stock and Payper cancelled Customer’s order, the Seller shall be liable to pay delivery charges to Payper.
    6. Upon notifying Payper of your intention to cancel the Order, Payper will send you the details of the Seller for the purposes of sending the Sellers Services by post.
    7. You must send the Sellers Services to the Sellers no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning the Sellers Services. You may be liable if the value of the Sellers Services returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
  7. PAYMENTS
    1. All prices for Sellers Services are listed inclusive of VAT and subject to change at any time. Payper and the Payment Gateway may charge you additional fees (if there are any additional fees for any reason, they are normally indicated on the Application before you make the Payment).
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the Sellers Services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. In the unlikely event of incorrect pricing of the Sellers Services we accept and process your Order and where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid and require the return of any Sellers Services provided to you.
    4. Payments must be made using Payper’s integrated payment gateway Bluesnap and PayPal, in accordance with their terms and conditions.
    5. The Customer must input payment card details, which will be securely processed and stored by Bluesnap and PayPal. Card payment details are encrypted using industry standard encryption for security and are not stored on the device. For security purposes, the Customer may be required to enter a CVV code to confirm each Payment.
    6. To make a Payment using the Application, you will need to choose the Sellers Services, place the Order and Pay using simple mobile interface. The Application will transfer the Customer’s payment status directly from Bluesnap and PayPal to the Seller’s point of sale system or other Seller’s relevant hardware (tablet, phone) or software system.
    7. A copy of the receipt for Payment will be stored within the Application.
  8. FEES
    1. Payper Limited charges all Sellers a transaction fee of 10% of the total Sellers Services price exclusive of VAT (Seller Fee) for completed 1 hour, same day and marketplace orders. The delivery fee is separate and amounts to £2.99 per each 1 hour delivery exclusive of VAT (Delivery Fee).
    2. Seller Fee is subject to change, and Payper shall charge the Sellers the Seller Fee for providing the Payper Services, at the rates specified on the Payper website.
    3. Seller Fee and Delivery Fee are payable at the time of any related Payments by the Customer or if agreed otherwise in writing within 7 days of invoice from Payper.
    4. If either the Seller Fee or the Delivery Fee remains outstanding, we may charge additional administration fees and interest (both before and after judgment) on the amount unpaid at the rate for the time period that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
    5. Although we will not store details of your payment card(s) on our Application, the Application holds a token that will retain some digits of your payment card(s). This is to enable you to identify the specific card used on your payment receipt and for use in your subsequent transactions. You may remove your payment card details from the Application at any time.
    6. When ordering the Sellers Services using the Application for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; Payper has no control over these charges. Customs policies vary widely from country to country and you should contact your local customs office for further information. When ordering using the Application, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Sellers Services.

 

  1. PLATFORM CONDITIONS OF USE
    1. It is a condition of use that:
      1. you should take all necessary steps to ensure that the password is kept confidential and secure and should inform Payper immediately if you have any reason to believe that your password has become known to anyone else and you will be liable to indemnify us for any loss or damage we suffer as a result of unauthorised access to your account;
      2. you and the Sellers are responsible for ensuring that the details you and the Sellers provide us are correct and complete, and informing us of any changes;
      3. you may only purchase Sellers Services using the Application if you are at least 18 years old or other age, which allows you to legally purchase the Sellers Services in the country of your residence and by placing the Order via the Application you confirm that you are not breaching the law by Ordering the Sellers Services;
      4. you will be asked to declare that you are permitted by law to purchase the Sellers Services, pursuant to clause 9 (1) (c) above, to Order the Sellers will carry independent verifications to check your age and if they discover that you are not permitted by law of your jurisdiction to Order the Sellers Services, they shall be entitled to cancel the Order immediately, without notice;
      5. upon delivery, you may also be asked to show a proof of your age. If you are unable to confirm your age to purchase the Sellers Services the delivery services have the right to refuse delivery of the Sellers Services on behalf of Payper and we will subsequently cancel your purchase. The Seller will issue a refund, subject to clause 9 (1) (f) below;
      6. if you falsely declare your age while making the Order, you shall be held responsible for all costs, expenses, losses, damage fines and other penalties that Payper or any Seller may suffer or incur as a consequence of your false statement;
      7. If Payper suffers any loss or damage to its business as a result of Sellers’ failure to verify the Customers’ age, the Sellers undertake to reimburse Payper for any such losses;
      8. by Ordering the Sellers Services, you confirm that you have the authority to bind any business on behalf of you and use our Application or purchase Sellers Services;
      9. Sellers agree that they will conduct their own independent age verification checks for each off their buyers (as per the Business Companion guide: https://www.businesscompanion.info/en/quick-guides/distance-sales/online-sales-of-age-restricted-products) and will not rely on Payper’s verifications;
      10. you have the authority to use the payment details provided to Payper, Bluesnap and PayPal;
      11. you only use the Application for lawful purposes;
      12. you do not engage in any defamatory, improper, indecent or offensive behaviour;
      13. you may not incorporate any portion of the Application into your own programmes, transfer it for use with another service, or sell, rent, lease lend, loan, distribute or sub-licence.
      14. you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Application and Ordering Sellers Services;
      15. you will treat the Application and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us);
      16. you will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Application;
      17. you must not attempt to gain unauthorised access to another user’s account, equipment, systems or networks, nor take any action that may inhibit their operation;
      18. you do not breach any of these Terms; and
      19. Payper may cease providing Sellers Services and may terminate your right to use the Application at any time. Your rights to use the Application will automatically terminate without notice from us if you fail to comply with any of these Terms.
    2. Neither you, nor the Sellers should rely on our Application for storage or maintenance of information and, in particular, Sellers should create their own records of all Orders and Payments processed via the Application (if available). We store this information and may provide access to the Sellers.
    3. We may, at any time at our absolute discretion review and remove any content from the Application or request that you re-register or set up a new profile for your continued use of the Application and Payper Services.
    4. You agree to indemnify us for any loss or damage we suffer as a result of your breach of this clause 9.
  2. AVAILABILITY OF APPLICATION & SERVICES
    1. Whilst we use reasonable efforts to provide effective Payper Services, we make no guarantees whether implied or express in respect of the quality of the Application nor the accuracy of information contained therein. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Application.
    2. Access to the Payper Services relies on the Customer being able to use a mobile device to receive data over the internet via WIFI or 3G or 4G via the Application. You are responsible for making all arrangements and payments necessary for interrupted access the Payper Services using the Application, including internet and network connections, an appropriate iPhone mobile device and any additional software or hardware.
    3. We are not responsible for the availability of the internet or any communications network nor any errors in or damage to connections, equipment or software that may occur in relation to your use of the Application or Payper Services.
    4. One hour and same day delivery is only available for local orders. Payper does not always guarantee that the Sellers Services can be delivered within one hour/same day, but assures you that the delivery will be within reasonable time. Occasionally, major disruptions on behalf of and due to the unforeseeable circumstances outside our reasonable control, or that of the Sellers, or any third party partners could result in delivery being significantly delayed.
  3. INTELLECTUAL PROPERTY
    1. The Application and all related content is the copyright and property of Payper (including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any Seller) and can be used by us, subject to the terms of our Privacy Policy, for any purpose relating to the Application, the Payper Services or the business of Payper (Payper IP).
    2. Without the express written permission of Payper, you shall not copy the Application and Payper IP for your own commercial purposes, including:
      1. Replicate all or part of the Application in any way; or
      2. Incorporate all or part of the Application in any other webpage, website, Application or other digital or non-digital format.
    3. You and the Sellers acknowledge that all present and future intellectual property rights subsisting in, or used in connection with, the Application, including Payper IP, is our property and nothing in these Terms shall be taken to transfer any of the Payper IP to you or to the Sellers.
  4. THIRD PARTY WEBSITES & ADVERTISING
    1. The Application may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Application.
    2. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
    3. We will monitor the information and advertisement transmitted on the Application from time to time and upon becoming aware of any unlawful material, or material which breaches any third party rights, we will take reasonable steps to remove it.
    4. Payper Services may include an interface to Facebook or Google for the purposes of convenient registration. We are not affiliated with Facebook or Google and are not responsible for the operation or content of Facebook or Google.

 

  1. LIMITATION OF LIABILITY & INDEMNITY
    1. You agree that by using the Application and ordering Payper Services you are entering into an agreement with Payper and the Seller on these Terms.
    2. We do not accept any liability, to an extent permitted by law, whatsoever for any act or omission of the Seller or Customer arising from or in connection with the Sellers Services.
    3. Information relating to the Sellers Services provided via the Application does not constitute a recommendation or endorsement of thereof.
    4. You agree that you use the Application and Payper Services at your own risk.
    5. You and the Sellers acknowledge that we are not responsible for the conduct or activities of any Customer or Seller and that we are not liable for such conduct or activities under any circumstances.
    6. You acknowledge that Orders of the Sellers Services may be illegal in your country and agree to refrain from purchasing the Sellers Services using the Application.
    7. Payper excludes any liability for losses suffered by you, the Sellers, or any third party as a result of improper use of the Application, username, account or password, irrespective whether caused by you, the Sellers or resulted from its use by any third party with or without your or Sellers’ permission.
    8. You and the Sellers acknowledge that in using the Application and in relation to the supply of Payper Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) not set out in these Terms.
    9. Inclusion of information or advertisements in the Application relating to Sellers does not constitute any recommendation or endorsement by us of the relevant Seller or Payper Services provided.
    10. You and the Sellers agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your or Sellers’ use of or conduct in connection with the Application, including any breach by you of these Terms.
    11. Except as may be expressly set out in these Terms, all conditions, representations and warranties relating to the Application and the Payper Services and are excluded to the maximum extent permitted by law.
    12. We shall not be liable for any defects or errors in the Application or the Payper Services, interruptions in or unavailability of the Payper Services, nor any breach of any obligations due to a cause beyond our reasonable control.
    13. If we fail to comply with these Terms, we are responsible for loss or damage you or the Sellers suffer that is foreseeable as a result of breach of these terms by us, or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
    14. If you intend to use the Sellers Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    15. Certain rights and remedies may be available to you under the Sale of Goods Act 1979, the Consumer Rights Act 2015,or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified.  
    16. The Sellers directly guarantee to the Customers that the Sellers Services comply with all applicable laws and regulations. The Sellers agree to indemnify Payper and the Customers as a result of a breach of these Terms.
    17. The Sellers, without extra charge, undertake to replace, repair or handle Sellers Services in any way if they do not meet the specifications on the Application or in any relevant guarantee.
    18. In all circumstances, you agree that our total liability to you arising in relation to your use of the Application and the Payper Services in any 12 month period shall be limited to £100.
    19. Nothing in this Agreement shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability that cannot lawfully be excluded.
  2. PRIVACY POLICY
    1. You accept our Privacy Policy and agree that you will not do anything that shall compromise Payper’s compliance with or be contrary to the Privacy Policy insofar as your use of the Application is concerned.
    2. We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion. You and the Sellers should review the Privacy Policy from time to time and by continuing to use the Application you accept such changes.
  3. TERMINATION
    1. We may end the Agreement formed under these Terms immediately by giving you email notice. It will not be essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Application or Payper Services.
    2. Your use of the Application may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Application should you receive a notice cancelling your licence to use the Application.
  4. NOTICES
    1. You can contact our Customer service team by email (support@clouder.co.uk).
    2. You can direct notices, enquiries, complaints and so forth to Payper using any other details published on the Application. We will notify you of a change of details from time-to-time by publishing new details on the Application.
    3. We will send you notices and other correspondence to the email address that you submit to the Application. It is your responsibility to update your contact details as they change.
    4. A consent, notice or communication under these Terms is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
  5. GENERAL
    1. All Terms under these Terms that by their nature are intended to continue shall survive termination, including Terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
    2. Termination of these Terms or the Payper Services shall not affect your, Sellers’ or our accrued rights and liabilities up to the date of termination.
    3. No provision of these Terms is intended to be enforceable by any person other than you and us.
    4. Any provision of these Terms, which is invalid or unenforceable in any jurisdiction is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. Payper, You and the Sellers will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
    5. We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
    6. Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
    7. These Terms form part of an ecommerce transaction. You agree that these Terms shall be accepted electronically and that agreement to these Terms is formed & validly entered into electronically.
    8. These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

 

  1. CONTACTING US
    1. All correspondence with regards to terms & conditions should be addressed to:

 

Payper Ltd
154 Bishopsgate
London
EC2M 4LN

Email: support@clouder.co.uk

All such enquiries or complaints will be taken seriously and will be handled as soon as reasonably practicable.