Welcome to the Wayflyer Privacy Notice.
Wayflyer Limited, trading as“Wayflyer”, respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.
1Important information and who we are
1.1Purpose of this Privacy Notice
(a)This Privacy Notice aims togive you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website as part of our Online Application Process, by signing up for ournewsletter or other marketing material, by submitting a query or by using other online services;
(b)This website is not intended for consumers.
(c)It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting orprocessing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices andis not intended to override them.
(a)This Privacy Notice is issued on behalf of Wayflyer Limited, trading as “Wayflyer”, having its registered office at RBK House, Irishtown Central, Athlone, County Westmeath, N37 XP52, Ireland. Our company registration number is 602786. Wayflyer Limited, trading as “Wayflyer”, is the controller for the purposes of this Privacy Notice and responsible for this website.
(b)If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact firstname.lastname@example.org.
(c)You have the right to make a complaint at any time to the Office of the Data Protection Commission("ODPC"), the Irish supervisory authority for data protection issues at email@example.com. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.
1.3Changes to the Privacy Notice and your duty to inform us of changes
You have the right to make a complaint at any time to the Office of the Data Protection Commission("ODPC"), the Irish supervisory authority for data protection issues at firstname.lastname@example.org. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2The data we collect about you
2.1Types of Data
(a)Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed(anonymous data).
(b)We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
(i)Identity Data includes first name, last name, username or similar identifier, title and date of birth.
(ii)Contact Data includes billing address, email address and telephone numbers.
(iii)Financial Data includes bank account and payment card details.
(iv)Access Data includes username, log in and password details for your Bank Account, Card Processor Account and other third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Shopify, Stripe and such other accounts as may be required from time to time),provided by you to us as part of the Online Application Process.
(v)Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
(vi)Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
(vii)Profile Data includes your username and password, service purchases or orders made by you, your interests, preferences, feedback and survey responses.
(viii)Usage Data includes information about how you use our website.
(ix)Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
(c)We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate yourUsage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
(d)We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
(e)We may as part of our legal obligations under anti-money laundering legislation, require information in respect of any criminal records, sanctions or embargoes.
2.2If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficientRegistration Information). In such a case, we might have to cancel an OnlineApplication Process but we will notify you if that happens.
3How is your personal data collected?
We use different methods to collect data from and about you including through:
3.1Direct interactions. You may give us your Identity, Contact and Financial Data filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
(a)create an account on our website;
(b)engage in the OnlineApplication Process;
(c)subscribe to our publications;
(d)request marketing material to be sent to you;
(e)enter a promotion or survey;
(f)apply for a job in our"Careers" section;
(g)give us some feedback; or
(h)submit a query through theContact Us form.
3.2Automated technologies or interactions.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficientRegistration Information). In such a case, we might have to cancel an OnlineApplication Process but we will notify you if that happens.
3.3Third parties or publicly available sources.
We may receiveContact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex or Stripe.
4How we use your personal data
(a)We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where:
(i)We need to perform the contract we are about to enter into or have entered into with you;
(ii)It is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
(iii)Where we need to comply with a legal or regulatory obligation.
(b)Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message.You have the right to withdraw consent to marketing at any time by contacting us at email@example.com.
4.2Purposes for which we will use your personal data
(a)We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
(b)Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at firstname.lastname@example.org if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We strive to provide you with choices regarding certain personaldata uses, particularly around marketing and advertising. We haveestablished the following personal data control mechanisms set out inparagraphs 5.1 – 5.3.
5.1Marketing Communications from us
(a)We may use your Identity, Contact, Technical, Profile and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
(b)We may use your Identity, Contact, Technical, Profile and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
(a)You can ask us or previously authorised third parties to stop sending you marketing messages at any time by contacting us at email@example.com.
(b)Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a service.
6Change of purpose
(a)We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org.
(b)If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
(c)Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7Disclosures of your personal data
We may have to share your personal data with:
(a)The parties set out below for the purposes set out in the table in paragraph 4 above:
(i)Internal Third Parties as set out in the Glossary;
(ii)External Third Parties as set out in the Glossary;
(b)Third parties in the course of an acquisition, merger, equity investment or similar corporate transaction; and
(c)Third parties to whom we sell, transfer, or merge parts of our business or our assets; alternatively, we may seek to acquire other businesses or merge with them; if a change happens to our business, then the new owners or newly acquired businesses may use your personal data in the same way as set out in this Privacy Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
8International transfers – EEA Customers
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
(a)For certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the European Union (known as theStandard Contractual Clauses);
(b)For certain service providers based in the US, we may transfer data to them under the Privacy Shield regime (if they are part of it) which requires them to provide similar protection to personal data shared between the Europe Union and the US.
Please contact us at email@example.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
9.1We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
9.2We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority or other regulator of a breach where we are legally required to do so.
10.1We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
10.2To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
10.3By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and other legal purposes.
10.4In some circumstances you can ask us to delete your data: see below for further information.
10.5In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
11Your legal rights
11.1Under certain circumstances, you have rights under data protection laws in relation to your personal data. Specifically, you may:
(a)Request access: to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
(b)Request correction: of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(c)Request erasure: of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(d)Object to processing: of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have a compelling legitimate ground to process your information which overrides your rights and freedoms.
(e)Request restriction of processing: of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f)Request the transfer: of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(g)Withdraw consent at any time: where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain offerings to you. We will advise you if this is the case at the time you withdraw your consent.
Exercising your rights
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
11.3Complying with requests
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Responding to requests
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
(a)Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best offering and the best and most secure experience; we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; we do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law); you can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com.
(b)Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
(c)Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
(a)Internal Third Parties
other companies in the Wayflyer Group which provide IT and system administration services and marketing services to the Wayflyer Group.
(b)External Third Parties
(i)service providers who provideIT and system administration services; currently these are Amazon, Intercom, Clearbit, Salesforce, Mailchimp
(ii)professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services; and
(iii)the Revenue Commissioners inIreland, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.
Effective Date 21st October 2019
Terms of Business
Please read these Terms of Business carefully before using this Site.
means all documentation, technical information, software, business information, feedback, pricing, reports, trade secrets or know how or other materials of a confidential nature disclosed by one Party to the other Party and in connection with this agreement;
“Online Application Process”
means the Online Application Process completed by you and set out here.
means the information required in the Online Application Process and any follow–up or further information requested from time to time;
means the application process for, and provision of, Merchant Cash Advances and any other services provided by us from time to time;
means VAT or tax number, Certificate of Incorporation, passports and the like required by us to verify your Registration Information and identity; and
means the company set out in the Online Application Process.
2Use of Our Site and Services
2.1These Terms of Business (together with the documents referred to in it) set out the terms and conditions on which you may make use of our website www.wayflyer.com ("our site"), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to avail of our Services.
2.2Please read these Terms of Business carefully before you start to use our site, as these will govern your use of it.
2.3By using our site and/or Services, you confirm that you accept these Terms of Business and that you agree to comply with them.
2.4If you do not agree to these Terms of Business, you must not use our site or Services.
2.5In addition to these Terms of Business, you may enter other agreements with us such as our Merchant Cash Advance Agreement. If there is any conflict between these Terms of Business and such other agreement, the latter will take precedence.
2.6These Terms of Business, the Merchant Cash Advance Agreement and any other documents or communications relevant to the Services will be provided to you electronically and it is a condition of your use of the Services that you accept them in that format. You further accept that all such documentation is "in writing" for the purposes of the European Communities (Directive 2000/31/EC) Regulations 2003 or similar in another jurisdiction.
2.7We recommend that you print a copy of all documentation received from us for future reference.
3Other Applicable Terms
These Terms of Business refer to the following additional terms, which also apply to your use of our site:
(c)Our Acceptable Use Policy which sets out what is not acceptable on our site.
4Information about Us
www.wayflyer.com is a site operated by Wayflyer Limited, trading as “Wayflyer” ("we" or "us"). We are registered in Ireland under company number 602786 and we have our registered office at RBK House, Irishtown Central, Athlone, County Westmeath, N37 XP52, Ireland. Our VAT number is IE3472983LH.
5Changes to these Terms of Business
5.1We may revise these Terms of Business at any time by amending this page and will notify you of this accordingly. If you continue to use our site after any changes or revisions to these Terms of Business, this will indicate your agreement with the revised Terms of Business.
5.2Please check this page from time to time to take notice of any changes we make, as they are binding on you.
6Changes to our Site
6.1We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
6.2We do not guarantee that our site, or any content on it, will be free from errors or omissions.
7Accessing our Site
7.1Our site is made available free of charge, on an "as is" and "as available" basis.
7.2We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
7.3You are responsible for making all arrangements necessary for you to have access to our site.
7.4You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Business and other applicable terms and conditions, and that they comply with them.
8Login and Password
8.1To use our Services you must register on our site. You will be asked to set a password as part of our security procedures; you must treat this password as confidential. You must not disclose it or your other login details to any third party.
8.2We have the right to disable any 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 Business.
8.3If you know or suspect that anyone other than you knows your user login details or password, or if you see any unauthorised activity or transaction using your login you must promptly notify us at firstname.lastname@example.org.
9Your Information and Verification
9.1To avail of our Services we will require you to provide the Registration Information on the OnlineApplication Process [link]and as otherwise requested from time to time. You will also be required to provide us with access to your accounts with third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Shopify, Stripe and such other accounts as may be required from time to time). You must also provide such Verification Documentation as we require. We may also require particular information to comply with our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.
9.2You will keep this updated throughout the period you are a customer of ours. You acknowledge that a failure to do so may adversely affect our ability to provide the Services to you.
9.3We may also need to make enquiries about you and your company such as credit checks, identity confirmation and the like. You hereby authorise us to make any checks necessary to enable us to provide the Services to you.
9.4If we cannot make the verifications required we may refuse or discontinue your use of the Services.
9.5You will indemnify us against any loss we suffer as a result of your failure to comply with this clause 9.
9.6We may use your non-identifiable business data for use in benchmarking or similar endeavours to improve our Services for you and other users.
9.7In the event that your application to use our Services is unsuccessful, we will retain (i) yourRegistration Information, (ii) access to your accounts with third party services (as detailed in clause 9.1) and (iii) Verification Documentation for a period of two years, in case your circumstances change and you become a suitable candidate for our Services or you have any queries. In addition, we may use your non-identifiable business data for use in benchmarking. If you do not consent to any of the uses outlined in this clause 9.7 you should delete your account with us.
10Use of Your Content
10.1By providing your content to us in accordance with clause 9 you hereby grant us a non-exclusive, perpetual, royalty free licence to use that content for the purposes of providing theServices.
10.2You agree that we may disclose such content to third parties who work with us to provide the Services, such as (by way of example only) financial institutions and reference agencies.
11.1Each Party ("Receiving Party") acknowledges that in the course of performing its duties under this Agreement, it may obtainConfidential Information from the other Party ("Disclosing Party").
11.2The Receiving Party will treat all Confidential Information as secret, confidential, and proprietary, and will not disclose or use the same without the prior written consent of theDisclosing Party, other than to the Receiving Party’s employees and contractors on a need to know basis for the purpose of performing its obligations under this agreement, or as required by law. The Receiving Party will implement such procedures as it considers reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, nothing in this agreement will prevent the disclosure by the Receiving Party or its employees of information that:
(a)prior to its disclosure to the Receiving Party, was of general public knowledge;
(b)becomes, subsequent to its disclosure to the Receiving Party, a matter of general public knowledge other than as a consequence of a breach by the Receiving Party of any obligation under this Agreement;
(c)is made public by the Disclosing Party; or
(d)is received in good faith from a third party having the right to disclose it, who, to the Receiving Party’s knowledge, did not obtain such information from the Disclosing Party and who imposes no obligation of secrecy on the Receiving Party with respect to such information.
12Qualification for Services
12.1You hereby warrant and represent that:
(a)you are a registered company in your jurisdiction;
(b)all of the company's statutory filings are up to date;
(c)no judgments have been registered against the company;
(d)the company's bank account is in the company's jurisdiction;
(e)all directors of the company are over 18;
(f)the directors reside in the company's jurisdiction; and
(g)the company has a valid tax clearance certificate or equivalent in the company's jurisdiction.
12.2You warrant that you have the required authority on behalf of the company to make use of the Services and to enter into any agreements in connection with them and that the criteria set out in clause 11.1 are all true in respect of your company.
12.3You understand that meeting all of the criteria in clause 11.1 does not mean that you will be automatically entitled to receive the Services
13Provision of the Services
13.1The promotion of the Services on this site, the completion of an Online Application Process by you, meeting the qualification criteria in clause 11, or any subsequent communication from us does not oblige us to provide any Services to you. All Services are provided at our sole discretion.
13.2You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the use of the site and the Services.
13.3Before applying for or accepting any Services you should take independent legal, financial and tax advice.
13.4All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Business.
14Intellectual Property Rights
14.1We are the owner or the licensee of all intellectual property rights in our site, in the material published on it and the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2You may print off a reasonable number of copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
14.3You must not modify the paper or digital copies of any materials you have printed off or downloaded in anyway, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4Our status and that of any identified contributors, as the authors of content on our site must always be acknowledged.
14.5You must not use any part of the content on our site for commercial purposes without obtaining a licence todo so from us or our licensors.
14.6If you print off, copy or download any part of our site in breach of these Terms of Business, your right to use our site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15No Reliance on Information
15.1The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
15.2Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.
16Liability for Breach
16.1If you breach any provision of these Terms of Business we may:
(a)close, suspend or limit your access to the site; or
(b)decline to process any request for Services or terminate any Services we are providing to you.
16.2You hereby indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's' fees and expenses)incurred in connection with any claim related to:
(a)your breach of any provision of these Terms of Business;
(b)your use of the Services; and
(c)the Registration Information, Verification Documentation, or any other information you supply to us.
17Limitation of Liability
17.1Nothing in these Terms ofBusiness excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
17.2To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
17.3We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a)use of, or inability to use, our site;
(b)use of the Services; or
(c)use of or reliance on any content displayed on our site.
17.4Subject to clause 16.1, we will not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
(a)any economic losses (including loss of revenues, profits, contracts, business or anticipated savings);
(b)any loss of goodwill or reputation; or
(c)any special or indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date you registered on the site, or subscribed for the Services, or were suffered or incurred by you arising out of or in connection with the provision of the Services.
17.5Subject to clause 16.1, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the operation of this site, or performance or contemplated performance of the Services, will be limited in any 12 month period (the first of which will commence on the date you first register on the site and subsequently on each anniversary thereof) to an amount equal to any fees paid by you to us during that 12 month period.
17.6We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
17.7We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
18.1We do not guarantee that our site will be secure or free from bugs or viruses.
18.2You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
18.3You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.In the event of such a breach, your right to use our site will cease immediately.
19Third Party Links and Resources in our Site
19.1Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
19.2We have no control over the contents of those sites or resources.
20.1Our remedies under these Terms of Business are cumulative and will not exclude any other remedies to which theParty may be lawfully entitled.
20.2Our failure to insist on strict performance of any provision of these Terms of Business will not be a waiver of our right to demand strict compliance therewith in the future.
20.3In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or un-enforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.
21.1These Terms of Business and any other documents referred to herein constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between you and us relating to its subject matter.
21.2You acknowledge that in accepting these Terms of Business you do not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Business.
21.3Nothing in this clause will limit or exclude any liability for fraud.
These Terms of Business are governed by Irish law. You hereby submit to the exclusive jurisdiction of theIrish courts.
To contact us, please email email@example.com
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Effective Date 7th August 2019
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.wayflyer.com (our "site"). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Business [Link].
The site is operated by Wayflyer Limited("we" or "us"), trading as “Wayflyer”. We are registered in Ireland under company number 602786 and we have our registered office at RBK House, Irishtown, Athlone, County Westmeath, Ireland.
You may use our site only for lawful purposes. You may not use our site:
1in any way that breaches any applicable local, national or international law or regulation;
2in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3for the purposes of harming or attempting to harm minors in any way;
4for the purposes of providing services which compete with us;
5to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);or
6to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
1reproduce, duplicate, decompile, reverse engineer, copy or re-sell any part of our site.
2engage in any screen scraping practices on our site;
3register for multiple accounts on behalf of the same company;
4frame the site, or place pop-up windows over its contents;
5access without authority, interfere with, damage or disrupt:
(a)any part of our site;
(b)any equipment or network on which our site is stored;
(c)any software used in the provision of our site; or
(d)any equipment or network or software owned or used by any third party.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Business upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
1immediate, temporary or permanent withdrawal of your right to use our site or Services.
2immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
3issue of a warning to you;
4legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5further legal action against you; or
6disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
Effective Date 7th August 2019