Условия соглашения

Terms & Conditions

1. DEFINITIONS

1.1 “Buyer” means the person, to whom the Company may agree to

supply Goods in accordance with these Conditions.

1.2 “The Company” means Planet OS (Ukraine), 04050 Kiev, Gertzena 17-25 and any trading division or subsidiary or associated

company (as the case may be).

1.3 “Conditions” means these terms and conditions of supply

1.4 “Goods” means any goods and/or services and software items

to be provided by the Company to the Buyer in accordance with

these Conditions.

1.5 “Software” means any software supplied to the Buyer.

1.6 “Contract” means the contract for the supply of the Goods.

1.7 “Website” means the Company’s website located on the internet

at domain location www.mega-purchase.com, or such

other website as the Company may operate from time to time.

1.8 “Writing” includes emails, faxes, website based

information, and any non-transitory form of visible reproduction

of words.

2. ORDER ACCEPTANCE

2.1 All orders placed by the Buyer whether written or oral shall

constitute an offer to the Company, under these Conditions,

subject to availability of the Goods and to acceptance of the

order by the Company’s authorised representative. Any quotation

given by the Company does not constitute an offer capable of

acceptance. These Conditions shall apply in respect of all

contracts for the supply of goods and/or services of any nature

whatsoever by the Company to the Buyer.

2.2 All orders are accepted and Goods supplied subject to these

Conditions only. No terms or conditions put forward by the Buyer

shall apply. No amendment of these Conditions will be valid

unless confirmed in writing on or after the date hereof by the

Company’s authorised representative.

2.3 The Buyer shall be responsible for ensuring the accuracy of the

order and for giving the Company any necessary information to

enable the Company to perform the Contract.

2.4 The Company reserves the right by notice in Writing to the Buyer

to alter these Conditions.

2.5 The Company will endeavour to fulfil orders within 72 hours of

the order being accepted. If for any reason there is a further

delay, the Company will contact the Buyer.

3. INDEPENDENT CONTRACTOR

3.1 The relationship between the Company and Buyer is that of

independent contractor. Neither party is the agent of the other

and neither party has any authority to make any contract or incur

any obligation expressly or impliedly for the other party, without

that party’s prior written consent for express purposes

connected with the performance of this Contract.

4. DELIVERY

4.1 Any dates given for delivery are estimates only and the Company

shall not be responsible for any delays. Time for delivery shall not

be of the essence.

4.2 The Company reserves the right to make delivery by instalments.

In that event these Conditions shall apply to each delivery as

though it were the subject of a separate contract and failure by

the Company to deliver any one or more instalments or any claim

by the Buyer in respect of any one or more instalments shall not

entitle the Buyer to treat the contract as a whole as repudiated.

4.3 If the Company agrees to make delivery to the Buyer or its

nominee, such delivery shall be effected to the address of the Buyer

or its nominee. Even in such cases, the Company reserves the right

to request the Buyer to nominate or appoint its own carrier for the

purposes of effecting such delivery and in that case if delivery

charges are included in the price the Company will reimburse the

Buyer with the amount of such charges.

4.4 Save as mentioned in condition 4.5 the Buyer shall take delivery

at the Company’s premises within three days of the Company

informing the Buyer that the Goods are ready for collection.

4.5 If the Company agrees to arrange for delivery of the Goods the

Buyer shall give verbal and written notice to the Company

forthwith if the Goods are not received within three days of the

expected delivery date or within such lesser period within which

such notice is required to be given to the carrier (if any) and if the

Buyer fails so to do delivery shall be deemed to have been

effected whether or not it has actually been effected.

4.6. Delivery shall be deemed to be effected at the time when the

Buyer effects collection from the Company or in cases where

collection is not affected by the Buyer or on its behalf, when

delivery is made to the address specified by the Buyer. The

Buyer shall inspect the Goods on delivery. Unless the Buyer

shall deliver written notice to the Company within one day of

delivery to the effect that the Goods are not those ordered, or

are damaged or subject to shortage and unless the Buyer shall

in all respects comply with the terms and conditions of the

carrier (if any) the Buyer shall be deemed to have accepted the

goods and shall not be entitled to reject Goods which are not in

accordance with the Contract. If the Buyer shall give written

notice as aforesaid, it shall comply with the Company’s

instructions concerning the return or retention for inspection of

such Goods which shall beat the Buyer’s risk until back in the

possession of the Company. In no event shall the Buyer be

entitled to reject the Goods on the basis of any defect or failure

which is so slight that it would be unreasonable for the Buyer to

reject the Goods.

4.7 If the Buyer fails to collect the Goods, give adequate delivery

instructions or accept delivery when tendered (as the case may

be) the Goods shall be at the Buyer’s risk and the

Company may:

4.7.1 claim payment for the Goods:

4.7.2 store the Goods until actual delivery and charge the

Buyer for the costs of storage;

4.7.3 sell the Goods at the best price readily obtainable

and (after deducting all storage, selling and other

expenses) account to the Buyer for the excess over

sums owing by the Buyer or charge the Buyer for

any shortfall; terminate the Contract.

5. CANCELLATION AND RESCHEDULING

5.1 Subject to clause 9.2 any request by the Buyer for cancellation

of any order or for rescheduling of deliveries will only be

considered by the Company if made aware at least 6 hours

before dispatch of the Goods, and shall be subject to

acceptance by the Company at the Company’s sole discretion,

and subject to a reasonable administration charge therefore by

the Company. The Buyer hereby agrees to indemnify the

Company against all loss, costs (including loss of profit, the cost

of labour and materials used and overheads incurred), damages,

charges and expenses arising out of the order and its

cancellation or rescheduling.

6. PRICES

6.1 Catalogues, price lists, the Website, and other advertising

literature or material as used by the Company are intended only

as an indication as to price and the range of goods offered and

no prices, descriptions or other particulars shall be binding on

the Company and any typographical, clerical or other error or

omission shall be subject to correction at any time without

liability on the part of the Company.

6.2 All prices are given by the Company at the time of the order on

an ex-works basis and unless otherwise agreed the Buyer is

liable to pay for the cost of delivery. The Company may by giving

notice to the Buyer at any time before delivery increase the price

of the Goods to reflect any increase in the cost to the Company,

which without limitation, shall include any of the following

circumstances:

6.2.1 where the Buyer has requested any variation

whatsoever to the quantity, capacity, form, content,

style

or description of the Goods, or has requested an

earlier or a later delivery date; or

6.2.2 where steps are required to be taken by the

Company to comply with any statutory provisions

from time to time in force; or

6.2.3 where increases are made in the price charged to

the Buyer of any equipment or goods bought in from

outside suppliers so as to enable the Company to

fulfil the Contract; or

6.2.4 where the supply of the Goods is suspended, varied

or otherwise delayed by the Buyer, including without

limitation, any delay caused by:

6.2.4.1 any variation of or to the Contract by the

Buyer; or

6.2.4.2 failure to provide the Company with

sufficient information to enable the

Company to satisfy its obligations under

the Contract.

6.3 All prices are exclusive of Value Added Tax and any similar taxes

which are payable in addition.

7. TERMS OF PAYMENT

7.1 Unless the Company shall have previously agreed in writing with

the Buyer that the Goods shall be supplied on credit, payment

for the Goods shall be made in full by the Buyer prior to the

Goods leaving the Company’s premises by credit card, cleared

funds, or such other method that may be accepted by the

Company.

7.2 Where the Company has agreed to supply the Goods on credit

the Company shall be entitled to invoice the Buyer for the price

of the Goods on or at any time after delivery of the Goods and

the Buyer shall pay the price of the Goods within 30 days of the

invoice date notwithstanding that the property in the Goods has

not passed to the Buyer.

7.3 The time of payment of the price shall be the essence

of the Contract. If the Buyer fails to make payment on the due

date then without prejudice to any other right or

remedy available to the Company the Company shall

be entitled to:-

7.3.1 cancel, suspend any further deliveries, or suspend

any services due to the Buyer under the Contract or

under any other contract between the Buyer and the

Company, or require the provision of such financial

security as the Company may deem necessary

before making further supply;

7.3.2 appropriate any payment made by the Buyer to such

of the Goods as the Company may think fit

(notwithstanding any purported appropriation by

the Buyer);

7.3.3 charge interest on any money which is not paid by it

to the Vendor under the Contract by the due date for

its payment (“the Due Date for Payment”). Such

interest shall accrue and be calculated on a daily

basis, both before and after any judgement (unless a

court orders otherwise) and until the date on which it

is actually paid, at a rate equivalent to the rate

prevailing at the Due Date for Payment as prescribed

by the Secretary of State pursuant to section 6 of

The Late Payment of Commercial Debts (Interest)

Act 1998. Interest shall be compounded on the first

day of each month and be payable on demand.

7.3.4 charge the Buyer all the costs incurred by the

Company for recovering the debt from the Buyer.

7.4 The Buyer shall not be entitled to delay or withhold payment on

account of any alleged claim.

7.5 Where paying by credit card the following fee structure will apply;

Ј0 - Ј149.99 No Fee

Ј150.00 - Ј499.99 2% Fee

Ј500.00 - Ј1999.99 2.5% Fee

Ј2000 + 3.0 %

All fees are subject to the Company’s discretion.

8. RISK AND PROPERTY

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer

at the time of delivery or when the Company notifies the Buyer

that the Goods are available for collection if the Goods are to be

delivered at the Company’s premises or, if the Buyer wrongfully

fails to take delivery of the Goods, the time when the Company

has tendered delivery of the Goods or the Buyer should have

collected the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods, or

any other provision of these conditions, the property in the

Goods shall not pass to the Buyer until the Company has

received payment in full of the price of the Goods and all other

goods supplied by the Company.

8.3 Until such time as the property in the Goods passes to the

Buyer, the Buyer shall hold the Goods as the Company’s

fiduciary agent and bailee and shall keep the Goods separate

from those of the Buyer and third parties and properly stored,

protected and insured and identified as the Company’s property

but unless the Vendor revokes such right in writing or the Buyer

becomes insolvent as defined in clause 14.1 may resell or use

the Goods in the ordinary course of its business.

8.4 Until such time as the property in the Goods passes to the

Buyer, the Buyer shall deliver up the Goods to the Company on

demand and, if the Buyer fails to do so immediately the

Company may enter any premises of the Buyer (using

reasonable force if necessary) or any third party where the

Goods are stored and repossess the Goods.

9. SPECIFICATION OF GOODS

9.1 The Company shall not be liable in respect of any loss or

damage caused by or resulting from any variation for whatsoever

reason in the manufacturer’s specifications or technical data and

will not be responsible for any loss or damage resulting from

curtailment or cessation of supply following such variation. The

Company will use its reasonable endeavours to advise the Buyer

of any such impending variation as soon as it receives any notice

thereof from the manufacturer.

9.2 Unless otherwise agreed, the Goods are supplied in accordance

with the manufacturer’s standard specifications as these may be

improved, substituted or modified. The Company reserves the

right to increase its quoted or listed price, or to charge

accordingly in respect of any orders accepted for Goods of non

standard specifications and in no circumstances will it consider

cancellation of such orders or the return of the Goods. The

Company reserves the right to supply in substitution to the

Goods or component parts thereof goods or component parts of

gods the specifications of which are equivalent or superior to

the Goods.

10. PROPRIETARY RIGHTS IN SOFTWARE PRODUCTS

10.1 The Buyer hereby acknowledges that any proprietary rights in

any software supplied including but not limited to any title are

ownership rights, patent rights, copyrights and trade secret

rights, shall at all times and for all purposes vest and remain

vested in the Software owner.

10.1.1 Buyer hereby acknowledges that it is its sole responsibility

to comply with any terms and conditions of any licence

attaching to Goods supplied. The Buyer is hereby notified

that failure to comply with such terms and conditions

could result in the Buyer being refused third party licence

or having the same revoked by the proprietary owner. The

Buyer further agrees to indemnify the Company in full and

on demand against any costs, charges, expenses, loss or

liability incurred by the Company as a result of any breach

by the Buyer of such terms and conditions.

11. RETURNS

11.1 Returns can only be made as in accordance with the

Company’s then prevailing returns policy which is available from

the Company on request and can be viewed on the Website.

12. WARRANTY

12.1 For Goods manufactured by the Company, the Company

warrants that the Goods will correspond with their specification

at the time of delivery and will be free from defects in material

and workmanship for such period as shall be notified to the

Buyer and in the absence of such notification a period of 12

months.

12.2 The Company sells the Goods with the benefit of the

manufacturer’s warranty subject to the terms and conditions of

such warranty but the Company shall have no further liability to

the Buyer.

12.3 The warranty in condition 12.1 does not apply;

12.3.1 In respect of any defect in the Goods arising from

any drawing, design or specification supplied by

the Buyer;

12.3.2 In respect of any defect arising from fair wear and

tear, willful damage, negligence (including improper

storage), improper installation or maintenance,

abnormal working conditions, failure to follow the

Company’s instructions (whether oral or in writing),

misuse (including without limitation use which was

not reasonably contemplated by the Company at

the time when the Contract was entered into) or

alteration or repair of the Goods without the

Company’s approval.

12.3.3 in respect of any matter regarded as a fault due to

a modification, alteration, or replacement required

by a change in the requirements of any

governmental or regulatory society, institute,

authority or other body.

12.4 The Company shall replace or repair free of charge Goods (or

the part in question) which do not meet the warranty in

condition 12.1 or, at the Company’s sole discretion, refund to

the Buyer the price of the Goods (or a proportionate part of the

price) but the Company shall have no further liability to the

Buyer. Replacements or repairs shall be warranted for an

additional period of three months or until the expiry of the

original warranty period, whichever is the longer.

12.5 All Goods are supplied “as is” and the sole obligation of the

Company is to supply appropriate replacement if Goods fail to

conform to product description, or at the Company’s option,

provide a refund provided that the Buyer notifies the

Company of any such non-conformance within 30 days of the

date of delivery.

12.6 Failure by the Buyer to pay any sum owing will render the

applicable warranty null and void.

12.7 The Buyer shall be responsible for the cost of carriage and

insurance in respect of all Goods returned by the Buyer to the

Company for repair or replacement. In the case of valid

warranty claims the Company shall refund any such

reasonable costs.

12.8 The Company reserves the right to levy a surcharge in the event

of returned Goods being found not to be defective.

12.9 The Company shall not be responsible for its failure to perform

any of its obligations under this contract if such failure is the

result, directly or indirectly, of the Buyer’s or third party’s

products or service (for example, software, hardware or

firmware) to correctly process, provide and/or receive

date data and properly exchange date data with products

under this Contract.

13. INDEMNITIES AND LIMITS OF LIABILITY

13.1 Subject as expressly provided in these Conditions all

warranties, conditions, representations or other terms implied

by statute or common law are excluded to the fullest extent

permitted by law.

13.2 WHERE THE GOODS ARE SOLD UNDER A CONSUMER

TRANSACTION (AS DEFINED BY THE CONSUMER

TRANSACTIONS (RESTRICTIONS ON STATEMENTS) ORDER

1976) THE STATUTORY RIGHTS OF THE BUYER ARE NOT

AFFECTED BY THESE CONDITIONS.

13.3 Save as otherwise expressly provided in these Conditions, the

following provisions set out the Company’s entire liability for any

act or omission whether in contract, misrepresentation, precontractual

misrepresentation, fraudulent misrepresentation,

tort (including negligence) or otherwise howsoever arising.

13.4 The Company’s liability to the Buyer for death or injury resulting

from negligence shall not be limited.

13.5 The Company accepts liability to the Buyer for damage to the

tangible property of the Buyer resulting from the negligence of

the Company not exceeding Ј5,000,000 for any one incident or

series of incidents arising from a common cause.

13.6 The Company shall not be liable to the Buyer for any increased

costs, expenses, loss of data, use, profits, goodwill, business,

contracts, revenues or failure to achieve anticipated savings, or

any type of special, indirect or consequential loss (including loss

or damage suffered by the Buyer as a result of a claim alleged

or an action brought by a third party) even if such loss were

reasonably foreseeable or the Company had been advised of

the possibility of the Buyer incurring the same.

13.7 The Company’s entire liability for all claims relating to or in

connection with the Goods shall be limited to the amount paid

by the Buyer for the Goods.

13.8 Save as otherwise expressly provided in these Conditions, the

Buyer shall indemnify the Company in respect of any cost,

claim, expense, loss or liability suffered or incurred in

connection with any claim made by any person in connection

with the Goods.

13.9 The Buyer acknowledges it is under a duty to pass on to its

customers (where appropriate) all instructions, information and

warnings supplied to it by the Company.

14. TERMINATION

This Contract may be terminated immediately by notice in writing:

14.1 by the Company if the Buyer fails to pay any sums due

hereunder by the due date or is involved in any legal

proceedings concerning its solvency, or ceases trading, or

commits an act of bankruptcy or is adjudicated bankrupt or if a

petition is presented or resolution passed for its liquidation, or if

it makes an arrangement with its creditors (including a

moratorium under the Insolvency Act 2000 or a scheme or

arrangement under section 425 Companies Act 1985) or a

petition for an administration order is presented or if a receiver,

administrative receiver or manager is appointed over all or any

part of its assets or if it is unable to pay its debts within the

meaning of Section 123 of the Insolvency Act 1986 or does or

suffers anything analogous to any of the foregoing in any other

jurisdiction;

14.2 by the party not in default, if the other party fails to perform any

of its obligations and such failure continues for a period of 7

days after written notice thereof;

14.3 by the Company if the Buyer commits or is party to dishonest

or fraudulent conduct in relation to this Contract;

14.4 by the Company if the Buyer is acquired by a person who does

not have control of the Buyer at the date upon which the

Contact is made. “Control” means the ownership of 50% or

more of the share capital or voting rights of the Buyer or the

power to control the affairs of the Buyer.

14.5 Any termination shall be without prejudice to any other rights or

remedies a party may be entitled to hereunder or at law, and

shall not affect any accrued rights or liabilities of either party.

14.6 Upon termination of this Contract all sums owing to the

Company whether under the Contract or otherwise and

whether or not the subject of an invoice shall become

immediately due and payable and the Company may cancel

without prior notice any outstanding order or make delivery

subject to payment in advance.

15. EXPORT AND/OR RE-EXPORT LIMITATION

Having regard to the current statutory or other United Kingdom

government regulations in force from time to time and, in the case of

Goods manufactured in the United States of America to the current

export rules and regulations of the United States Department of

Commerce in force from time to time and regardless of any disclosure

made by the Buyer to the Company of an ultimate destination for any

Goods, the Buyer will not export or re-export directly or indirectly any

Goods without first obtaining all such written consents or authorisations

as may be required by any applicable regulations.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 All drawings, documents, confidential records, computer

software and other information supplied by the Company are

supplied on the express understanding that copyright and all

other rights are reserved by the Company and that the Buyer

will not without the prior written consent of the Company either

copy, give away, loan, exhibit, or sell any such drawings,

documents, records, software or other information or extracts

there from or copies thereof or use them in any way except in

connection with the Goods in respect of which they are issued.

16.2 If the Buyer is threatened with any action alleging that the

Goods infringe any patent, copyright, registered design, or

other intellectual property rights held by a third party then

provided that the Buyer promptly informs and fully co-operates

with the Company or its supplier and, if the Company or its

supplier so requests allows the Company or its supplier to

defend any action on the Buyer’s behalf and have the sole

control of any and all negotiations for settlement, the Company

will indemnify the Buyer against any award or damages and

costs against the Buyer arising from such action. Further if such

event occurs the Buyer agrees that the Company shall have the

option at its own expense either:

16.2.1 to modify the Goods so that they do not infringe, or

16.2.2 to replace the Goods with non-infringing goods; or

16.2.3 to procure for the Buyer the right for it to continue

its use of the Goods; or

16.2.4 to repurchase the Goods from the Buyer at the

price paid by the Buyer less depreciation.

16.3 The Company shall have no liability in respect of claims for

infringement or alleged infringement of third parties’ patent or

other proprietary rights arising from the execution of an order in

accordance with the Buyer’s designs, plans or specifications

and the Buyer shall indemnify the Company against all losses,

damages, expenses, costs or other liability arising from such

claims.

17. GENERAL

17.1 The headings in this Agreement are for ease of reference only

and shall not affect its interpretation or construction.

17.2 No forbearance, delay or indulgence by the Company in

enforcing any of its rights shall prejudice or restrict the rights of

the Company, and no waiver of any such rights or of any

breach by the Buyer shall be deemed to be a waiver of any

other right or any later reach. No waiver by the Company shall

be effective unless in writing.

17.3 The Buyer may not assign any of its rights without the prior

written consent of the Company. The Company may assign any

of its rights.

17.4 In the event of any of these conditions (or any part of any of

them) being found to be void or unenforceable for any reason,

the remaining conditions (and the remainder of the condition

concerned) shall remain in full force and effect.

17.5 The Company shall not be liable for any delay in or failure to

perform its obligations where such delay or failure results from

act of God, fire, explosion, accident, industrial dispute or any

other cause beyond its reasonable control.

17.6 Any notices given hereunder by either party to the other must

be in writing and may be delivered personally or by recorded

delivery or registered post to the registered office or principal

place of business or as directed by the Company from time to

time and in the case of post will be deemed to have been given

2 working days after the date of posting.

17.7 The Company’s employees or agents are not authorised to

make any representations concerning the Goods unless

confirmed by the Company in writing. The Buyer acknowledges

that it does not rely on, and irrevocably waives any claim it may

have for damages for or right to rescind the contract for any

such representations which are not so confirmed (unless such

representations were fraudulently made). Any advice or

recommendation given by the Company or its employees or

agents to the Buyer or its employees or agents as to the

storage application or use of the Goods which is not confirmed

in writing by the Company is followed or acted upon entirely at

the Buyer’s own risk and, accordingly, the Company shall not

be liable for any such advice or recommendation which is not

so confirmed.

17.8 These Conditions constitute the entire agreement between the

Company and the Buyer concerning the supply of the Goods

and replace and supersede any prior arrangement,

understanding, warranty or representation (other than any

fraudulent misrepresentation).

17.9 The Buyer shall fully and effectively indemnify the Company

against the total expense to the Company arising out of the

Buyer’s breach or breaches of these conditions of sale. Such

expense shall include (without limitation) (1) all expenses

incurred by the Vendor in sourcing and assembling the Goods

(2) all court fees (3) all amounts payable to the Vendor’s

professional advisers (payable on an indemnity basis) in

pursuing claims against the Buyer for breach or breaches of

these Conditions and for enforcing any judgement/s and/or

order/s (4) all amounts payable to the Vendor’s insurers and/or

debt recovery agents, in each case including anticipated sums

payable by the Vendor only after payment of any sums from the

Buyer.

17.10 These Conditions shall be governed and construed in

accordance with Ukrainian  Law and the parties submit to the

non-exclusive jurisdiction of the Ukrainian courts.

17.11The Buyer:

17.11.1 shall not directly or indirectly; and

17.11.2 shall procure that its shareholders shall not; and

17.11.3 shall use best endeavours to ensure that any

other persons associated with the Buyer

(including employees and directors of the Buyer

and its sub-distributors and sub-agents) shall not

during the subsistence of this Contract and for a

period of 12 months after the termination of this

Contract solicit or entice away or seek to entice

away from the Company any person who is or

becomes an employee of the Company and

agrees to pay to the Company as compensation

to the Company for the loss suffered by the

Company as a result of such solicitation and the

costs incurred by the Company in finding a

replacement employee a fixed sum of 25% of

such employee’s previous year’s gross salary

including bonuses and benefits in kind.

17.12 No contract will create any right enforceable (by virtue of the

contracts (Rights of Third Parties) Act 1999) by any person not

identified as the Vendor or Buyer.

18. THE DATA PROTECTION ACT 1998

Your information, includes any information which we now or at any time in

the future may hold or use relating to you, or any person, company,

partner or associate of yours (as defined in s.184 of the Consumer Credit

Act 1974). This information may come from or

relate to:

1. Application by you for the provision, and supply to you of goods

and services by us

2. What you may tell us either orally or in writing or by electronic

means either directly or in documents submitted to us or

Information published by you or about you

3. Reports from third parties such as professionals, bankers, brokers

and agents with whom you may have had a business relationship,

credit reference agencies, fraud prevention organisations, valuers

and other responsible third parties employed by you or us

4. Your transactions with us, which may include the names of your

staff with whom we liaise, your customers, their representatives,

their contact details, your bank account and other financial and

personal information such as address and contact details and

other related information that we shall obtain in the course of any

operating services for you or your supplier/s or information that we

may accumulate in assessing whether to commence or continue

to operate such services

5. Recorded telephone messages which may be left by you outside

normal office hours

What we may do with your information

We will use analyse and assess your information to maintain and develop

the relationship between us.

This will include the following purposes:

1. Considering any applications made by you for, and helping

us to make, credit related decisions about you and/or

your business

2. Operating and administering the services currently and in the

future provided by us

3. Financial risk assessment, money laundering checks, the

exchanging of information with credit reference agencies and

fraud prevention organisations to assist us in the making of credit

decisions and preventing fraud

4. Helping us to assess how we can develop our business

relationship in the future including market research, product and

statistical analysis and development of new products

5. Helping us to identify new products and services, which may

interest you (unless you have requested otherwise)

6. Improving business skills by the use of information in staff training

for operational reasons in connection with the above we may link

your information between your accounts and other accounts that

we hold for other clients and/or the customers of those clients.

Disclosure of your information

1. Where required to do so for the operational and administrative

reasons referred to above

2. Where we have your consent. Your consent shall be given by your

continuing relationship with us following posting of this, or

subsequent notice/s or acceptance of our web trading terms and

conditions to you and shall include consent to the disclosure of

information to: any other companies within our own group of

companies for any of the purposes mentioned above and/or any

professionals, bankers, agents, brokers or insurers for the

purposes of their providing their services to you

3. Where we are required or permitted to do so by law

4. Where we are required for the provision of finance to us by any of

our financiers who may process that information for any of the

purposes referred to herein and who may use and transfer that

data throughout their organisation, including abroad, and who

may collect information about you for their own purposes in

relation to the provision of finance

5. To persons to whom we may register transfer rights and

obligations under the agreement/s between us

6. To any person who provides a service to us who agrees to keep

your information confidential

7. To credit reference agencies and other agencies involved in the

prevention of frauds If necessary to provide the services you have

or may request, from time to time your information may be

transferred to other countries. We will ensure that anyone to whom

we pass your information undertakes to treat your information

confidentially, with respect to the private nature of your information

and to use or process it solely for the business reasons for which it

I provided. Some of these countries may not have a level of data

protection equivalent to that of the United Kingdom

Credit Reference agencies and Fraud Prevention Organisations

We use such agencies from time to time to assist us in taking decisions in

regard to providing credit, including whether to do so as well as any

applicable limits. They supply us with credit information including from the

electoral register. They will record the enquiries we may make about you

and details of your history with us. They may use this information for

statistical analysis about credit, insurance and fraud. We may also pass

information to financial and other organisations involved in fraud

prevention to protect our clients and us from theft and fraud. If you give

us false or inaccurate information and we suspect fraud, we will record

this.

Your Rights

You have the right of access to your personal records held by us and

details of the responsible third parties to whom we have supplied, and

from whom we have received, information about you upon request and

upon payment of a fee. You also have the right of access to personal data

held by credit insurance agencies that we use. We can supply their name

and address upon request.

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