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Developer website terms and conditions

Introduction

These terms and conditions govern the use of DNA Payments and its affiliates documentation, Developer website and user manuals; by using our Developer website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Developer website. We recommend that you print a copy of these terms and conditions.

This Developer website uses cookies.  By using this Developer website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Notice and Cookies Policy.

There are other Terms that may apply to you.

These terms, together with Privacy Notice and Cookies Policy, constitute the entire agreement between you and DNA Payments Limited in relation to your use of this Developer website, and supersede all previous agreements in respect of your use of this website.

Who we are and how to contact us

DNAPayments.com is a site operated by DNA Payments Limited We are registered in England and Wales under company number 11154668 and have our registered office at 68 King William Street, Office 722, London, EC4N 7DZ. DNA Payments Limited is authorised by the Financial Conduct Authority as a Payment institution under the Payment Service Regulations 2017 for the provision of payment services, FCA number 806630.

To contact us, please email support@DNAPayments.com

Our Developer website

The Developer website is intended to provide information on technical requirements, integration, user guides and user manuals for most of our products, services and terminals (the “Documentation”) for the purpose of integration of the Optomany/DNA Payments products and solutions (the “Objective”).

Use of any Documentation provided on our Developer website is strictly subject to the present terms and conditions.

Intellectual property

Licence grant

Unless otherwise stated, DNA Payments Limited and/or its licensors own the intellectual property rights in the Developer website and material on the Developer website. Subject to the license below, all these intellectual property rights are reserved.

DNA Payments hereby grants a personal, non-transferable, non-exclusive licence to use the Documentation provided on the Developer website solely for the purposes of the Objective. You may view, download for caching purposes only, and print pages from the Documentation for the purpose the Objective, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the Developer website;
  • show any material from the Developer website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Developer website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this Developer website.

Termination

This licence shall be terminated immediately if you are in breach of any of your obligations under this licence. Upon termination you shall immediately and completely delete all electronic copies of all or any part of the Documentation resident in your systems and you shall cease to make any use of the Documentation. Termination of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

Third Party Website and Content

The Site may contain links to third party websites and other resources (“Linked Sites”). The Company does not control or endorse anything appearing in the Linked Sites. The Company makes no representations about any Linked Sites the User may access through the Site whatsoever and the Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.

Acceptable use

You must not use this Developer website in any way that causes, or may cause, damage to the Developer website or impairment of the availability or accessibility of the Developer website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or in any way that may harm or tarnish our reputation, image, or dilute our trade marks.

You must not use this Developer website to copy, store, host, transmit, send, use, publish or distribute any illicit material including, but not limited to, which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Developer website without DNA Payments Limited express written consent.

You must not use this Developer website for any purposes related to marketing without DNA Payment Limited express written consent.

Access to certain areas of this Developer website is restricted. DNA Payments Limited reserves the right to restrict access to areas of this Developer website, or indeed this entire Developer website, at DNA Payments Limited discretion.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. Revised terms and conditions will apply to the use of this Developer website from the date of the publication of the revised terms and conditions on this Developer website. Please check this page regularly to ensure you are familiar with the current version. These terms were updated on 30th September 2021

We may suspend or withdraw our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code 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 of use.

Personal information

We will only use your personal information as set out in our Privacy Notice.

No warranties

he Developer website and Documentation are provided “as is” without any representations or warranties, express or implied. All statutory warranties and conditions are excluded to the fullest extent possible. In particular, DNA Payments makes no warranty that the Information will enable you to successfully integrate third-party systems with our products.

Without prejudice to the generality of the foregoing paragraph, DNA Payments Limited does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or any other matter you should consult a professional as appropriate.

Limited liability

DNA Payments Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if DNA Payments Limited has been expressly advised of the potential loss.

If DNA Payments Limited is found liable to you by a Court with competent jurisdiction for any reason other than death or personal injury caused by DNA Payments Limited’s negligence, the sums payable by DNA Payments Limited in respect of such liability shall not in any circumstances exceed 2 (two) times the Fee. If no Fee was paid, the sum shall not in any circumstances exceed £10 (ten pounds).

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DNA Payments Limited liability in respect of any:

  • death or personal injury caused by DNA Payments Limited negligence;
  • fraud or fraudulent misrepresentation on the part of DNA Payments Limited; or
  • matter which it would be illegal or unlawful for DNA Payments Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Developer website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Developer website.

Other parties

You accept that, as a limited liability entity, DNA Payments Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against DNA Payments Limited officers or employees in respect of any losses you suffer in connection with the Developer website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect DNA Payments Limited officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DNA Payments Limited.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify DNA Payments Limited and undertake to keep DNA Payments Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by DNA Payments Limited to a third party in settlement of a claim or dispute on the advice of DNA Payments Limited legal advisers) incurred or suffered by DNA Payments Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to DNA Payments Limited other rights under these terms and conditions, if you breach these terms and conditions in any way, DNA Payments Limited may take such action as DNA Payments Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the Developer website, blocking computers using your IP address from accessing the Developer website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you, including summary proceedings and injunction requests.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Developer website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site.

Rules about linking to our site

You must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part.

Assignment

DNA Payments Limited may transfer, sub-contract or otherwise deal with DNA Payments Limited rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law of England and Wales to the exclusion of its conflict of law rules, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.