These terms and conditions (the “Terms”) set out the terms on which you may make use of our websites www.pomeloservices.uk and www.pomelopay.com (the “Sites”).
Please read these Terms carefully before you start to use the Sites. By using the Sites, 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 Sites.
1.1
The Sites are owned and operated by the Pomelo Group, comprising Pomelo Group Limited (a company registered in England and Wales under number 10583935 with its registered office at Level 39 One Canada Square, London, England, E14 5AB) and Pomelo Services Limited (a company registered in England and Wales under number 13810984 with its registered office at 128 City Road, London, United Kingdom, EC1V 2NX) (together, "Pomelo", “we”, “our”, and “us”).
1.2
Pomelo Group Limited is registered with the Financial Conduct Authority under Firm Reference Number 928018.
1.3
Pomelo Group Limited is registered with the Information Commissioner’s Office under registration number: ZA300850. Pomelo Services Limited is registered with the Information Commissioner’s Office under registration number: ZB310112.
1.4
The VAT registration number of Pomelo Group Limited is VAT ID: GB 261 7761 89.
2.1
These Terms constitute the agreement between you and us for the use of the Sites and the content and information provided on the Sites (“Content”).
2.2
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Sites and, where appropriate, notified to you by email. By continuing to use and access the Sites following such changes, you agree to be bound by them. Please review this page frequently to see any updates or changes to these Terms.
2.3
If you commit a breach of these Terms, we reserve the right at our sole discretion immediately and without notice to suspend or permanently deny your access to all or part of the Sites and associated services.
3.1
We provide the Sites on an "as is" and "as available" basis with all faults. We do not guarantee that the Sites, or any Content, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. You agree that your use of the Sites are at your own risk. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.
3.2
Unless specifically stated otherwise, any new content, features, materials, services or software applications introduced shall be subject to these Terms.
3.3
The Sites are directed to people residing in the United Kingdom. We do not represent that the content available on or through the Sites are appropriate for use or available in other locations. Any products and services mentioned on the Sites are subject to UK legal and regulatory requirements and may not be available in any jurisdictions other than the UK.
4.1
You must be 18 years or older to be eligible to register with us, and to use the Sites. By using the Sites, you represent and warrant that you are 18 years or older.
4.2
If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
4.3
You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.
4.4
You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
4.5
We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.1
Our Privacy Policy will apply to your use of the Sites. The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you acknowledge the contents of the Privacy Policy and assure us that all data provided by you is accurate.
6.1
You may use the Sites only for lawful purposes. You must not use the Sites in any way that breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
6.2
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or the Sites. You must not use any scraping technology on the Sites.
7.1
The Sites and the Content are owned by Pomelo and are protected by copyright and other applicable intellectual property rights and laws. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.2
Nothing in these Terms grants you any legal rights in the Sites or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Sites or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Sites or the Content.
7.3
You must not use the Content for any business, professional, commercial or other non-personal use without the express prior permission of Pomelo. For enquiries and permission requests please contact us.
8.1
The name Pomelo, Pomelo Pay and the Pomelo logo are trade marks of Pomelo Group Limited and may not be used in connection with any product or service that is not Pomelo's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Pomelo.
8.2
Other trademarks or logos that appear on the Sites are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Pomelo and the trademark owner.
9.1
Nothing on the Sites should be construed as a recommendation to acquire or dispose of any investment, to enter into any loan or to engage in any other transaction, or to provide any financial, investment or legal advice or service.
10.1
While we take all reasonable care to ensure that the Content which we publish on the Sites is as accurate as possible, we cannot promise that it will be complete, accurate and up to date. Furthermore, we cannot promise that the Sites will be fit or suitable for any purpose.
10.2
The Content including any opinions on the Sites are provided by us for informational purposes only, has not been tailored to your specific requirements or circumstances and is subject to change without notice. We are not giving you any advice (financial, investment, legal or otherwise) in respect of any of the information on the Sites. You should obtain professional or specialist advice before taking, or refraining from, any action based on any information on the Sites. Any reliance that you may place on the information on the Sites are at your own risk.
10.3
To the maximum extent permitted by law, we disclaim any and all implied conditions, warranties and representations that the Sites and the information and services available through it are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.
11.1
The Sites and the Content are for domestic and private use. We are not liable for business losses. If contrary to these Terms you use the Sites or Content for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.2
As the Sites and Content is free to use, we do not accept any liability to you in respect of the Sites or the Content (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise).
11.3
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 or for fraud or fraudulent misrepresentation.
12.1
We do not guarantee that the Sites will be secure or free from bugs or viruses.
12.2
You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.
12.3
You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.
13.1
Where the Sites contain links to information, websites and resources provided by third parties, these links are provided for your information only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party websites does not mean that we endorse that third party’s websites, products or services. Your dealings with any third party found on or via the Sites are solely between you and the third party with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1
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.
14.2
You must not establish a link to the Sites 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 the Sites in any websites that is not owned by you.
14.3
We reserve the right to withdraw linking permission without notice.
14.4
If you wish to link to or make any use of content on the Sites other than that set out above, please contact to support@pomelogroup.com
15.1
You may discontinue use of the Sites and associated services at any time. These Terms will continue to apply to any past use by you of the Sites.
16.1
If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
16.2
If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16.3
All legal notices in relation to the Sites or these Terms should be given in writing and addressed to support@pomelogroup.com
17.1
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out below.
18.1
The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
18.2
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
19.1
If you have any questions, comments and requests regarding these Terms, you can contact us as follows:
19.1.1
by email to support@pomelogroup.com
19.1.2
writing to us at Level 39, One Canada Square, London, E14 5AB, United Kingdom
19.1.3
calling us on 020 8176 4828 our telephone lines are open Monday to Friday: 9 am to 6 pm.
