1.1 Definitions
These Terms of Use (this "Agreement") governs your use of the Crossflow registration platform, which is an online service ("Service") available at www.cfpay.co.uk, any mobile application(s), video assets, software, and any hardcopy materials available on the platform, unless other terms and conditions expressly govern.
Crossflow finance service, which is reserved to the registered users, subject to completed and activated accounts, and offered from that platform to the selected businesses, is contracted and regulated by Supplier Terms and Conditions available through the registration process provided from that platform.
In these Terms of Use:
Any reference to you and yours means the client(s) who has/have been selected and given access to the Service. Any reference to we, us or our means Crossflow.
Member means account(s) held by us in your name, or account(s) held by us where you are one of the named account holders, which are enabled for use with the Service.
Activation Code(s) means the security code you will use when you access the Service.
Security Device(s) means any security device provided to you as part of the Service, if any.
1.2 Some basics of Your Membership with Crossflow Payments Limited
As Crossflow Payments Limited and the online world are subject to change, we reserve the right to update any portion of our Site and Service, including Terms of Use, at any time. For any amendments to current Terms of Use, Crossflow will notify all users in advance. By continuing to use Crossflow, you consent upon any amendments made to our Terms of Use. Crossflow and its content providers or any other third-party suppliers, may modify or remove from time to time aspects of the platform, including various types of content and services.
The user is directly responsible for any charges incurred while accessing the service, such as telephone costs and/or charges made by any Internet Service Provider. We make no guarantees as to the speed, resolution or access to the Service via Internet.
It is your responsibility to ensure that the use of the Service, e.g. using a SSL connection, is permitted by local law.
Please ensure you obtain any regulatory approvals required in your country before sending electronic documents.
We reserve the right to decline applications to use the Service at our sole discretion.
1.3 Security
You are responsible for all use of your account and its sub-accounts; therefore, you should supervise their use by others. You are responsible for the security and proper use of your Activation Code and must take all necessary steps to ensure that security codes are kept confidential and used properly: eg. your Activation Code and optional Security Devices used to gain access to a specific service restricted by a device. Security Codes and any Security Devices used should not be kept together. Security Devices must always be kept in a safe place. You must not write down, disclose or reveal the Activation Code to anyone or keep them where they may be discovered. If Crossflow Payments has reason to believe that there is likely to be a breach of security, Crossflow may change your password and notify you of the change which has been made.
We will use all reasonable endeavours to monitor and maintain the security of the Service but due to the nature of the Internet, we cannot guarantee absolute security. We reserve the right to suspend access to the Service if (1) Incorrect Activation Codes are used to access the Service; (2) We suspect that an unauthorised person is attempting to access the Service; and at our discretion if there is reasonable justification for doing so. You must exit the Service when leaving your computer terminal unattended.
If you suspect that someone knows or has discovered your Activation Code or obtained your Security Device, you must notify Crossflow Helpdesk immediately by calling +44 (0) 845 8620723
You are responsible for the security of any of your data which you download from the Service onto any hardware or software you may be using.
1.4 Non repudiation of documents
You gain access to the registration platform by using your Activation Code and optionally Security Device. The use of these methods identifies you as a Member.
Members agree that documents sent using Crossflow registration platform as a means of electronic communication are legally binding.
You are responsible for the accuracy and completeness of documents created by you on the Crossflow registration platform. Crossflow will not be party to any transaction concerning such content, goods or services.
In the event of dispute Crossflow can provide evidence of the full audit trail of the transaction including hash totals which provide evidence as to the document's originality.
1.5 Content
Your account may only be used for lawful purposes and in a manner, which does not infringe the rights of any person, or entity, or restrict anyone else's use of Crossflow or the Internet. Your account must also not be used in a way that would be harmful to the reputation of Crossflow. As a Crossflow member, you agree to adhere to these principles – and you acknowledge that Crossflow has the right to enforce them in its sole discretion. By breaching these guidelines, Crossflow is entitled to act against you or your account if necessary.
You may have access to other services provided by Crossflow and its affiliates. When using these other services your conduct remains subject to this Member Agreement.
1.6 Data Protection
1.6.1 Use with third party providers
Because protecting your privacy is especially important, we would first like you to have a clear understanding of how your data will be used. By data we mean any data that identifies or relates to you or your Crossflow account. It excludes credit card or billing data which is not stored by Crossflow. Data will be collected, processed and used by Crossflow for the purpose of providing and billing for Crossflow, and other purposes mentioned below. Crossflow does partner with other providers which promote and provide local content and services and provide customer support for Crossflow. To carry out these functions, Crossflow may provide access to your data.
To provide the Service which meets our members' needs, we may collect data relating to the popularity and usage of the various services offered through Crossflow. However, this data will be used or disclosed only on an anonymous, aggregated basis. We may hold personal data relating to the transactions you enter into with us or others through Crossflow, such as online providers. We will disclose this data to a party to the transaction, but only to facilitate your transaction. Crossflow may also use this data to let you know about products and services that may be of interest.
When you call our Customer Service department, we may monitor or record your calls and store details of the phone number(s) you use to make the call. This information is used only to track reported problems, and better address your customer service needs. We will retain your data only as long as is necessary for the purposes on which you consent under these Terms of Use, and then we will delete it from our systems. To inspect, change or correct your identity and contact information, you should use Change my Details. To find out how you can inspect, or correct other data please contact us here. If you have other questions about the handling or protection of your data or your rights under this agreement, please contact Attention: Data Protection Officer at Crossflow, Octagon Point St Paul's, 5 Cheapside, London EC2V 6AA or reach us via email. We may disclose your data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
1.6.2 Marketing Activity
We encourage you to tell us what your marketing preferences are for your data for marketing purposes. For this purpose, please note that unless you "opt-out" you are agreeing that your name and address may be disclosed to selected third party suppliers of services and advertisers, who may use it to market to you their products and services. You can opt-out at any time by updating your preference after you have completed the registration process by updating your entry in 'Change my Details'.
1.7 Charges and Billing
You will not be charged for using the Crossflow registration platform. We may change our fees or billing methods but will provide you with advance notice of any such change. If you don't like the changes we make, you can terminate your membership at any time.
1.8 Intellectual property rights (IPR)
The content of the Crossflow registration platform and all applications and resources offered on the platform is owned by Crossflow and others, and is protected by copyright, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but this does not mean it is acceptable or legal. You must not copy, modify, distribute, and show in public or create any derivative work from any of the content you find on Crossflow platform or any online service owned by Crossflow, unless you have a right to do so. Doing so without permission can lead to the termination of your Crossflow account – and may even breach the civil and criminal law. Further, content owners may initiate criminal or civil action against you. In that event, you will be required to indemnify Crossflow and others against liabilities which may result. You agree only to make authorised, legal uploads and download of content through Crossflow, whether the content is documents or anything else. All the content you transmit must either be your own or you must be expressly authorised to distribute it on Crossflow.
You may not sub-license or charge third parties to use or access our software. We may occasionally provide automatic upgrades of Crossflow, proprietary software and third-party software bundled with Crossflow to improve your online experience, and we employ virus-screening technology to assist in the protection of our network and our members. We reserve the right to automatically to log off accounts that are inactive for an extended period of time; if this occurs, you will need to sign on again to recommence your use of Crossflow. You must not use tools that defeat Crossflow's automatic log-off feature. Crossflow grants to you a non-exclusive, limited licence to use the platform or any proprietary software to connect to the Service from authorised locations in accordance with this Agreement. This licence is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from, Crossflow software; nor may you modify Crossflow software or use it in any way not expressly authorised by these Terms of Use. You agree that the technologies introduced by Crossflow may not be consistent across all platforms (e.g., Macintosh).
1.9 Warranty and Liabilities
You agree that Crossflow platforms, Crossflow software, third party virus checking technology, any other bundled third-party software and the Internet are supplied or made available to you as available and for your use only, and that your use of each is at your sole risk.
Crossflow does not make (and expressly excludes) any warranty, representation or undertaking that you will be able to access Crossflow platform at a time or from any location of your choosing, or that there will be adequate capacity for Crossflow as a whole or for particular products, services or content. However, Crossflow will use reasonable skill and care to provide and maintain the availability of the Service. This Agreement is intended to contain all of the undertakings and warranties we give about the Crossflow Service, Use of Platforms, Software and Crossflow, which we believe to be fair and reasonable. Accordingly, we propose to exclude from this Agreement all representations and warranties relating to its subject-matter (including any about content or the Crossflow Software), whether they are statutory or otherwise, as far as is possible by law.
Crossflow will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Crossflow.
Without limiting the above (and except for any liability which may not by law be limited), the liability of Crossflow under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the charge paid by the Member for the relevant action on the platform, regardless of the cause or form of action.
Content or software supplied over Crossflow by third parties shall have the benefit of this Clause (apart from its first paragraph) as if they were referred to as Crossflow. However, in using content and areas provided by third parties, you may be required to agree to additional terms and conditions, Crossflow will not be a party to any contract which results.
1.10 Indemnification
Upon request by Crossflow, you agree to indemnify Crossflow and its affiliates, their employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses that arise from any breach of this Agreement, use of Crossflow Service or the Internet, or the transmission of any content on Crossflow by you. Crossflow reserves the right, at its own expense, to assume the exclusive defence and control of any claim which is subject to indemnification by you under this Agreement, in which event you will (from that time onwards) have no further obligation to provide indemnification for that claim.
1.11 Termination
This Agreement runs for successive periods of one month beginning on the date when you commence your registration process on the platform and automatically renews at the end of each month unless terminated by you or us. Either Crossflow or you may cancel this Member Agreement at any time for any reason effective upon 30 days' notice. You can cancel your membership by notifying the Crossflow Customer Services Department by sending an email. Termination will be effective, and your account cancelled within 72 hours of the time of delivery of notice. Termination by you of your account is your sole right and remedy against Crossflow, where you are in any way dissatisfied with the Service on the platform.
Crossflow may terminate your membership immediately without notice in certain circumstances, such as where you have breached one or more of your obligations in this Member Agreement and your breach is, in Crossflow's reasonable discretion, especially serious. This kind of breach generally arises where applicable laws or third-party rights have been violated in some way, or your online conduct has adversely affected someone's (including Crossflow's) interests or another member's use of Crossflow.
If your Crossflow membership is terminated as a result of a breach of this Member Agreement, you must obtain Crossflow's permission (and provide such undertakings as Crossflow requires) before you can use Crossflow again. You must cease to use Crossflow Software and any materials obtained from the platform upon termination. Termination of this Member Agreement shall not affect any rights accrued in favour of you or us.
This Section 1.11 (Termination) and Sections 1.9 ("Warranty and Liabilities"), 1.10 ("Indemnification"), 1.15 ("Law"), and 1.13 ("Miscellaneous") of this Member Agreement shall all survive such termination.
1.12 Junk Email
Your account may not be used to send unsolicited bulk email (or "junk email"). Further, you may not use the Crossflow member directory, or any other area of Crossflow to collect information about Crossflow members, nor use this information for junk email purposes or to solicit users in any way. If you have received junk email and want to report it, simply click here.
1.13 Miscellaneous
1.13.1 Matters beyond our Reasonable Control
Crossflow shall not be liable for any failure or delay in performance of its obligations under this Agreement caused by matters beyond its reasonable control.
1.13.2 No Waiver
If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy or prevent it from being exercised subsequently.
1.13.3 Notice to You
Under this Agreement, we may be required to give you notice about important matters from time to time. Such notice will be given to you by email, sent to the address registered.
1.13.4 Notice to Us
You may give notice to Crossflow by clicking here, or by writing a letter to us at Crossflow Payments, 107 Cheapside, London EC2V 6DN
1.13.5 Effective Dates of Notices
E-mailed notice will have been given two days after the date of its delivery. Postal notice will have been given to you two working days (Mondays to Fridays, UK bank holidays excluded) after proven dispatch by first class recorded delivery post.
1.13.6 Assignment
Crossflow reserves the right to assign or subcontract any of its rights or obligations under this Agreement. You may not without the written consent of Crossflow assign or dispose of this Agreement.
1.14 Support
As a registered Crossflow member using the registration platform Service you are automatically subscribed to Crossflow *one-star support level. This level is currently free of charge.
1.15 Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Contact Us
Crossflow Payments
Tel: +44 (0) 203 475 9080
Please feel free to contact us via email
