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This page, and the documents referred to in them, set out any relevant information about The Commercial Applications Co Ltd (“we”, “us”, or “our” or “Appsco Ltd”, “PayMyStudent” “PMS”) and the terms and conditions (“Terms”) on which Appsco Ltd supplies you with any of its Goods and Services via the Online Store Website:
These Terms will apply to any Contract between you and Appsco Ltd, for the sale or provision of our Goods and Services provided via the Online Store Website. Please read the Terms carefully before ordering any Goods or Services from the Site. You should understand, by ordering any of our Goods or Services, you agree to be bound by the Terms.
By agreeing to purchase Goods and Services through our Online Store, you agree to these Terms. If you do not accept them, you should not order any Goods or Services from the Online Store.
By accessing and continuing to use the Online Store Website you agree to comply with the terms set out in Sections 1, 2, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19 and 20.
1. Introduction and Information about Appsco Ltd
1.1 Appsco Ltd provides the Goods and Services from the Site (PayMyStudent Online Store, VAT Number: 179 7764 36.
1.2 To contact Appsco Ltd about these Terms or the Goods and Services provided on it, please contact: [email protected]
1.3 These Terms do not affect your statutory rights as a consumer.
1.4 Appsco Ltd reserves the right to amend the Terms from time to time. Amendments are usually made to reflect changes in law, the ways in which we accept payments from you and to accommodate changes to the way Goods and Services are supplied. We will identify (by reference to the date of the Terms) on this page if the Terms have changed but you should ensure that you check these Terms carefully whenever you Order Goods and Services to ensure that you are aware of the current version of the Terms.
1.5 Each time you Order Goods or Services from us you agree to the Terms in force at that time.
1.6 You confirm that by accepting these Terms you are at least eighteen (18) years old, or you confirm that you have obtained the permission of the cardholder of the credit/debit card you are using to purchase Goods and/or Services prior to making any such purchase.
2. Definitions & Interpretations
2.1 In these Terms the following words shall have the following meaning:
2.1.2 Appsco Ltd and PayMyStudent – means The Commercial Applications Co Ltd of Hall Farm Overwood Lane, Forncett St. Peter, Norwich, NR16 1LW, United Kingdom
2.1.3 Contract - means any Contract for the provision of Goods or Services formed between you and Appsco Ltd in accordance with these Terms.
2.1.4 Dispatch Confirmation – means any communication to you confirming dispatch of Goods where we have agreed to deliver Goods to you.
2.1.5 Goods - means the goods (or any part of them) available for purchase through the Online Store Website and set out in an Order.
2.1.6 Online Store – means the Appsco Ltd Online Store accessed via the Online Store Website.
2.1.7 Online Store Website- means the Appsco Ltd, PayMyStudent Online Store website.
2.1.8 Order - means any order you place on the Online Store Website for the purchase of Goods or Services in accordance with these Terms.
2.1.9 Purchase Confirmation - means the email sent to you by PayMyStudent confirming receipt of your Order for Goods and/or Services.
2.1.10 Services – means the services (or any part of them) available for purchase through the Online Store Website and set out in an Order.
2.1.11 Terms – mean these terms and conditions.
2.1.12 You and your - means the person or legal entity using the Site and/or placing an Order on the Online Store Website.
3. Availability & Content
3.1 Access to the Online Store Website is permitted on a temporary basis, and Appsco Ltd reserves the right to withdraw or amend the service provided without notice. We shall not be liable if, for any reason, the Online Store Website is unavailable at any time or for any period.
3.2 From time to time we may restrict access to parts of the Online Store Website, or the entire Site, to users who have registered.
3.3 You must treat any user identification code, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third-party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if (in the Appsco Ltd’s opinion) you fail to comply with any of these Terms, or we believe the access to the Online Store Website has been compromised.
3.4 You are responsible for making all the arrangements necessary to have access to the Online Store Website. You are also responsible for ensuring that persons who access the Online Store Website through your internet connection are aware of these Terms and comply with them. Please notify us as soon as possible in writing if you become aware that activities on your account are unauthorised or you have become aware that your account details have been compromised.
Goods and Services on the Online Store
3.5 Whilst we will make reasonable efforts to ensure that the information on the Online Store Website is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including but not limited to information about the Goods and Services and prices described on it. When ordering Goods, please note, that the Goods may vary slightly (either in size, colour or appearance from those advertised) although we use reasonable efforts to ensure that the information and details are correct.
3.6 All Goods and Services shown are subject to availability. If Goods or Services you have ordered are unavailable we will inform you as soon as possible and will follow the procedures set out in Section 4.4 below.
3.7 The availability of the Goods or Services which are the subject of your Order will be determined by the product description displayed on the Site at the time of placing your Order. We will make reasonable efforts to ensure that any product description is a fair representation of the actual Goods or Services offered.
3.8 We reserve the right to suspend, modify, or amend the Site at any time and the Goods and Services offered.
4.Orders for Goods & Services and Delivery/Collection
The Order Process
4.1 The Order process enables you to check the Goods and Services you are Ordering before submitting the page. Please ensure that you read through your Order before submitting it.
4.2 After placing an Order for Goods and/or Services, through the Online Store Website, you will receive an email acknowledging receipt of your Order. This does not mean that we have ‘accepted’ your Order. Appsco Ltd will confirm acceptance by:
4.2.1 making the Goods available for delivery in the case of Goods, or
4.2.2 by confirming acceptance of your Order; or
4.2.3 by performing or commencing performance of the Services in the case of Services.
4.3 Your Order constitutes an offer by you, to buy Goods and/or Services on these Terms. It is at our discretion as to whether we accept your Order, and we reserve the right not to accept any Orders placed via the Online Store Website.
4.4 All Goods and/or Services are subject to availability. If, for any reason, any or all, of the Goods and/or Services you have ordered become unavailable, or there has been an error in the price on our Site, we will make reasonable efforts to notify you of this, as soon as possible after becoming aware of it. In such cases if you have already paid for the Goods we will refund you the amount paid as soon as reasonably possible unless you and or otherwise agree that you will wait for the Good(s) to be re-stocked. If you have already paid for the Services (either in whole or in part) we will refund the amounts paid subject to Section 9 below.
Delivery of Goods
4.5 If Goods are purchased, we will provide further instructions of collection or links to join us for online training and events.
4.6 If you are purchasing Goods and Services and are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Online Store Website to purchase Goods and/or Services. These Terms and any document expressly referred to in them constitute the entire agreement between you and Appsco Ltd. You acknowledge that you have not relied on any statement, promise, or representation, made or given on our behalf which is not expressly set out in these Terms or any document referred to in them.
5.Online Payments for Goods & Services
5.1 Unless otherwise agreed by us in writing, the price for the Goods or Services will be the price as displayed on the Online Store Website. The price stated may be subject to the addition of all costs or charges in relation to postage, carriage and insurance (“Delivery Charges”) if prior arrangement has been made for delivery. Details of Delivery Charges (where applicable) are available from our Online Store Website.
5.2 Prices include the standard VAT charges. The Online Store Checkout Page will provide you with a breakdown of the Goods or Services and VAT charges.
5.3 We take all reasonable care to ensure that the prices of the Goods and Services are correct at the time when the relevant information is entered on to the Online Store Website.
5.4 If a pricing error is obvious, unmistakeable and could reasonably have been recognised by you as an error, Appsco Ltd is under no obligation to supply Goods or Services to you at the incorrect (lower) price, even after sending the Dispatch Confirmation or Purchase Confirmation.
5.5 Unless you have obtained our prior written agreement, we will take your payment in full at the time you place your Order to avoid any delay in the processing of your Order.
5.6 Please ensure that your payment is made in pounds sterling (£) as otherwise your Order will not be accepted. Payment for all products must be by credit or debit card. Please note that we only accept payment from the following cards:
MasterCard, Visa, Maestro, Solo/Switch and/or via Paypal.
6. Limitations and Exclusions
6.1 If buying Goods and/or Services, as a consumer, the following shall apply:
6.1.2 We will be liable for a failure to comply with these Terms where the breach is one that was contemplated by you and Appsco Ltd at the time of the Contract and arises from our negligence but not where the loss or damage is not one which was contemplated at the time of the Contract.
6.1.3 Nothing in these Terms, shall render us liable to indemnify you, in respect of any liability of any kind, incurred by you or any other person, but this is not an exclusion of any liability that may arise by virtue of a breach by Appsco Ltd of these Terms, or any negligence on the part of our employees or agents.
6.1.4 We do not exclude or limit its liability for:
6.1.4.1 death or personal injury caused by its negligence;
6.1.4.2 fraud or fraudulent misrepresentation;
6.1.4.3 any breach of any implied terms which cannot be excluded or limited at law.
6.2 If buying Goods and/or Services as a business the following shall apply:
6.2.1 We only supply the Goods and Services for your internal business use, and you agree not to use the Goods or Services (or any outputs from the same) for any re-sale purposes unless otherwise agreed with Appsco Ltd in writing.
6.2.2 The provisions set out at 6.1.4 above shall apply equally to our liability to you, as a business customer.
6.2.3 Subject to 6.2.2 Appsco Ltd will under no circumstances be liable to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise arising under on in connection with these Terms for:
6.2.3.1 Any loss of profit, business, revenue or sales;
6.2.3.2 Loss or corruption of data, information or software;
6.2.3.3 Loss of business opportunity;
6.2.3.4 Loss of goodwill;
6.2.3.5 Any indirect or consequential losses.
6.2.4 Subject to Section 6.2, our total liability to you in respect of all other losses arising under or in connection with these Terms or any Contract for the Order of Goods or Services placed under them whether in contract, tort (including negligence) breach of statutory duty or otherwise shall in no circumstances exceed the price of the Goods or Services paid for.
6.2.5 Except as expressly stated in these Terms, Appsco Ltd does not give any warranties, representations or undertakings in relation to the Goods or Services. Any representation, condition, or warranty, which might be implied or incorporated into these Terms by statute, common law, or otherwise, is expressly excluded to the fullest extent permitted at law. In particular, we are not responsible for ensuring that the Goods and/or Services are suitable for any particular purpose or non-infringing.
7.Communication with us
7.1 When you visit the Online Store Website or send an e-mail to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Online Store Website. For contractual purposes, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, in respect of an Order, satisfies any legal requirement that such communications be in writing. Where you are exercising your right to cancel a Contract, please refer to Section 9 for the appropriate notification process.
7.2 All content including pictures, designs, logos, photographs, text written and other materials on the Online Store Website and associated with the Goods or Service purchased by you are owned, controlled, or licensed to us.
8.Risk and Title of Goods and Services
8.1 Ownership of the Goods will only pass to you when:
8.1.1 You will receive an e-mail from us, confirming receipt of all sums due in respect of the Goods, including any Delivery Charges and in the case of events further adjoining instructions.
8.1.2 You shall own the Goods (in the case of Goods provided for delivery to you) from the date of receipt of payment in full (including any Delivery Charges) for the Goods by us, but you shall become responsible for the Goods on delivery.
8.2 The Services shall be provided on the date specified on the Online Store Website for that particular Service. We shall itself and ensure that others will provide Services with all reasonable skill and care.
9. Cancellation and Refunds
Right to cancel for Goods
9.1 When purchasing Goods from Appsco Ltd as a consumer, you have the right to cancel an Order within the time limits specified below in Section 9.2 unless the Goods provided fall within the categories listed in Section 9.8. This means that during the relevant period if you change your mind or for any other reason you decide that you do not want to keep the Goods you can notify us of the cancellation and receive a refund.
9.2 Your right to cancel a Contract in respect of Goods ordered starts from either the date that the Goods are made available to you, or on the date on which you receive the Goods (where the Goods are to be delivered). You have a period of fourteen (14) days in which you may cancel the Contract starting from either the day that the Goods are made available or the date on which you receive them.
9.3 In respect of Goods Ordered, cancelled and returned following the processes set out in this Section 9, you will receive a full refund of the price you paid for the Goods, and any applicable Delivery Charges you paid for. We will process the refund payable as soon as reasonably practicable, any in any case within thirty (30) calendar days of the day you gave us notice to cancel under Section 9.2. If you wish to return Goods for being faulty the procedure in Section 9.4 will apply.
9.4 If you return Goods to us because they are faulty or incorrectly described, we will refund the price of the defective Goods, the applicable Delivery Charges and any reasonable costs you incur in returning the item.
9.5 While in your possession you shall take reasonable care of any Goods delivered to you and ensure that, if you decide to cancel the Contract and return the Goods, you return the Goods to us in the same condition as when you received them (including any original packaging).
9.6 Refund/cancellation notifications for Goods must be received within fourteen (14) days from the dates referred to in Section 9.2 above.
9.7 If you wish to cancel an Order you must inform Appsco Ltd in writing (either by letter, or email) as follows:
By Email: [email protected]
Please put ‘Refund Request– Online Store’ in the subject header line. You should include the following details in your notification:
-details of your Order number; and
-the reason for the cancellation/return if this is due to a fault.
You may wish to keep a copy of your cancellation notice for your records.
9.8 The cancellation right referred to in this Section 9 does not apply to:
9.8.1 the supply of newspapers, periodicals or magazines;
9.8.2 the supply of Goods made to your specification or are personalised or which by their nature cannot be returned or are liable to deteriorate or expire rapidly (i.e. food, beverages or perishables);
9.8.3 Services where supply has already commenced with your agreement;
9.8.4 the supply of audio or video recordings or computer software if the seal has been broken; or
9.8.5 the supply of Goods which cannot be returned due to their nature.
Non-delivery of Services
9.9 If we should have to postpone a Service, we will notify you as soon as possible and provide a new date for the delivery of the Service.
9.10 If we should have to cancel the Service, we will provide you with a refund, if the Service can not be postponed.
10 Customer Warranties
10.1By placing an Order using the Online Store, you warrant that:
10.1.1 You are legally capable of entering into binding contracts; and
10.1.2 Any personal information you provide to us will be complete and accurate.
11.Security
11.1Appsco Ltd is committed to maintaining your privacy and for this reason all payments are made using a specialist payment service provider. All personal data and payment details which are entered through the Site are encrypted to comply with the Payment Card Industry Data Security Standard (PCIDSS).
11.2 We shall not be liable for any failure by you to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process. Once your payment transaction has been completed you will be redirected back to the Online Store Website where you will receive an e-mail confirmation of your Order.
12. Viruses, Hacking and Other Offences
12.1 You must not misuse the Online Store by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the Online Store Website, the server on which the Online Store Website is stored or any server, computer or database connected to the Online Store Website, or attack the Online Store Website via a denial of service attack, distributed denial of service attack or other similar means.
12.2 Anyone breaching this provision would commit an offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the identity of those responsible to them. In the event of such a breach the individual responsible will lose the right to use the Online Store Website immediately.
12.3 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Online Store Website or downloading any material posted on it or any website linked to it.
13. Notices and Communication
Appsco Ltd may communicate and give notice to you via email or by posting notices on the Online Store Website. A notice will be deemed received and served immediately when posted on the Online Store Website, twenty-four (24) hours after an email is sent.
14. Force Majeure
14.1 We will not be liable or responsible for any failure to perform or delay the performance of any of the obligations under a Contract, that is caused by an Event Outside of our Control (as described in Section 14.2 below).
14.2 An Event Outside of our Control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport.
14.3 If the Event Outside of our Control occurs that affects the performance of our obligations under a Contract:
14.3.1 We will notify you as soon as possible;
14.3.2 Appsco Ltd obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the event.
14.4 We reserve the right to defer the date of delivery of Services or collection of Goods, or to cancel the delivery of Services or supply of Goods, in the case of any Event Outside of our Control, or which are beyond its reasonable control, and which prevents or hinders the delivery of the Goods or Services.
15. Privacy Statement and Data Protection
15.1 We are committed to protecting your privacy. We will only use your personal details, collected when you use the site, lawfully and in accordance with the principles of the Data Protection Act 2018 and GDPR regulations. We will ensure that your personal data is kept confidential and is not used or disclosed other than as provided for under:
15.1.1 these Terms;
15.1.2 The Commercial Application Co Ltd.’s, Data Protection Policy is available at https://store.paymystudent.com/pages/privacy-policy
15.1.3 or as required by law in accordance with the Data Protection Act 2018 and GDPR regulations.
15.2 We will process and hold the information provided by you only for the purposes of supplying the Goods or Services which are the subject of your Order.
15.3 If you are using the Online Store Website then you are agreeing for us to contact you and you are agreeing for us to keep data in relation to your purchases. We do not sell, rent or otherwise make available any personal data submitted by visitors to the Online Store Website to third parties.
15.4 Links from the Online Store Website may take you to sites not covered by our Terms privacy policies referred to in Section 15.1. We recommend you check the privacy policies for these sites before submitting any personal data.
15.5 We may use technology to track the patterns of behaviour of visitors to the Online Store Website. This can include using a ‘cookie’ which would be stored on your browser. You can usually modify your browser to prevent this activity.
16. Third Parties
These Terms are not enforceable under the Contract (Rights of Third Parties) Act 1999 by any person not a party to them.
17. Law and Jurisdiction
These Terms and all orders placed via the Online Store Website will be governed by and construed in accordance with English Law and all parties submit to the exclusive jurisdiction of the English Courts.
18. Variation
18.1 We reserve the right to revise and amend these Terms, from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and Terms in force at the time that you Order Goods and Services from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before sending you the dispatch or purchase confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify Appsco Ltd to the contrary within seven (7) working days of receipt by you of the Goods).
19. Complaints and Appsco Ltd Contact Details
If you wish to contact us about your Order or you have a complaint about any aspect of the Online Store Website or the Goods or Services which are the subject of your Order, please contact us at: [email protected]
Please put ‘Finance Department – Online Store’ in the subject header line.
20. Terms applicable to your use and access to our Online Store Website
Notwithstanding your acceptance of the provisions set out in Sections 1 to 20 of these Terms the following provisions and those set out in Sections 1, 2, 6,7,12,13,14,15,17,18,19 and 20 apply in respect of your use of our Online Store Website regardless of whether you are ordering Goods and/or Services or not.
20.1 Your access to and use of the Online Store Website is subject to the following terms set out below and contained in the Privacy Statement and Data Protection Policy.
20.2 The Online Store Website and all of its contents, including but not limited to, the text, Online Store Website (as well as the organisation and layout of the Online Store Website), design, logos, graphics, icons, images and publications on the Online Store Website (“Content”) are owned and copyrighted by The Commercial Applications Co Ltd or its licensors with all rights reserved unless otherwise stated.
20.3 All trademarks, copyright, database rights, patents and other intellectual property rights (“IP”) in the Content are owned by The Commercial Applications Co Ltd or its licensors.
20.4 Nothing in these Terms shall be interpreted as conferring any express or implied licence to use any IP that belongs to us or any third-party. Unless stated in these Terms you are not permitted to use any Content or IP.
20.5 When setting up an account on the Online Store Website you should take all necessary steps to ensure that any username and password are kept secret and secure, and you should inform us immediately by email to [email protected] if you have reason to believe that your username and password have become known to anyone else or are being used without your authorisation.
20.6 You are permitted to use the Online Store Website if you follow the following rules:
20.6.1 You may download the Content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, content or notices contained in the Content. You may not (without our permission in writing) reproduce, download, post, broadcast, store in any medium (including another website) transmit, make available to the public or otherwise use the Content (and any IP in the same) in any way except for your own personal, non-commercial use;
20.6.2 You shall not distribute, modify, copy (except as set out above) transmit, display, license, create derivative works from, transfer or sell or otherwise use the Content without our prior written permission;
20.6.3 You shall not use the Online Store Website for any purpose that is prohibited by these Terms or could constitute a criminal offence or violate any law and that you will not use the Online Store Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic or profane material or material in breach of confidence or privacy. We may, in its absolute discretion remove any such material; or
20.6.4 You shall comply with any local laws and regulations of the jurisdiction from which you access the Online Store Website. The Online Store Website should not be accessed in any jurisdiction where for any reason the publication or availability of the Online Store Website is prohibited.
20.7 We reserve the right for any reason to refuse access to the Online Store Website, suspend and/or terminate any account you may have.
20.8 The Online Store Website may contain links to other websites owned or operated by parties other than us. The links are provided for convenience only. If you use the links, you may leave the Site or alternatively the link and third-party website content may be framed within the Online Store Website. We have not reviewed the third-party websites and do not control and are not responsible for their operation nor for the content on or the terms/policies on the same. You access third-party sites from the Online Store Website at your own risk.
20.9 While the Content on the Online Store Website may include inaccuracies or typographical errors, if an error is brought to our attention, we will try and correct them. While every effort is made to ensure that the information on the Online Store Website is correct, you should be aware that the information it contains may be incomplete, incorrect or may have become out of date. We use reasonable care and skill in providing you with access to the Online Store Website however, the Online Store Website and Content, are provided to you “as is” and on an “as available” basis without any representations of any kind, including security, or accuracy, any rights you have as a consumer are preserved.
20.10 The following exclusions relate to your use of the Online Store Website only as opposed to your purchase of Goods and/or Services via the Online Store Website which is covered in Sections 1-20 above. Use of the Online Store Website is at your own risk. To the fullest extent permissible by law, we exclude its liability and that of its officers, agents for any of the following losses or damage:
20.10.1 Loss or damage incurred by you or any third-party where we are compliant with these Terms;
20.10.2 Loss or damage incurred by you or any third-party where we are not compliant with these Terms, but the loss or damage is not one that would have been anticipated by you or Appsco Ltd when using the Online Store Website;
20.10.3 Any loss which is indirect to the main loss or damage suffered by you and which as not anticipated including without limitation, loss of data, loss of profit, loss of opportunity or goodwill;
20.10.4 Any loss or damage suffered by you, for not being able to provide you with access to the Online Store Website, or if the Online Store Website is interrupted, or provided with errors, or for any loss or damage arising out of an Event Outside of our Control.
20.11 Nothing in these Terms is intended to limit or exclude your statutory rights as a consumer. For further information about your legal rights please refer to your local authority Trading Standards Department or Citizens Advice Bureau.
20.12 We do not guarantee or warrant that the Online Store Website will be continuously available or be uninterrupted, free from bugs or errors, viruses or omissions. We reserve the right to amend, suspend or discontinue some or all of the Online Store Website without providing notice to you.
20.13 If at any time any part of the Terms are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law then that invalid, illegal or unenforceable part shall be severed from the remainder of the Terms and the validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way.