Terms of Use

1. INTRODUCTION

This Website is operated by The Digital DRA Ltd. Throughout the site, the terms “We”, “Us”, “Our” or “The Company'' refer to The Digital DRA. We offer this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and throughout this Website.

By visiting our site you are using our “Services” and agree to be bound by the following terms and conditions as detailed in these Terms of Use, hereinafter referred to “Terms”, including those additional terms and conditions and policies referenced herein and/or available on this Website. These Terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions detailed within this Policy, then you may not access the Website or use any services.

Any new features or tools which are added to this Website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website at any time and without notice. It is your responsibility to check this page periodically for changes. Archived versions of these Terms will no longer apply once a new version is published on this Website. Your continued use of or access to this Website following the posting of any changes constitutes acceptance of those changes.

2. USE OF OUR WEBSITE

We will try to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free or that defects will be corrected even if we are aware of them.

Your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services.

From time to time, we may limit some areas of our Website to individuals who we have contacted in connection with the payment of a debt and/or who have been provided with access details. If this applies to you, in order to access these areas and manage your account you will be required to enter certain validation details. You are entirely responsible for maintaining the confidentiality of your validation details. You agree to notify us immediately if you believe that there has been any unauthorised activity on your account of the Website as a result of your details becoming compromised.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

You must only use our Website for the legitimate management of an account.

You must not:

• Tell anyone your account access information, unless we specifically agree that you can do so
• Try to log in as someone else.
• Try to access or copy the data of another person or organisation.
• Use our Website for any illegal, unlawful, unauthorised or immoral purpose.
• Violate any UK laws.
• Transmit, or attempt to transmit, any viruses, worms, malicious code, attempt to penetrate, hack or alter any of our systems or anything linked to this Website.
• Try to bypass our security measures.
• Create or access an account for someone else, unless we specifically agree that you can do so.

A breach or violation of any of the Terms will result in an immediate termination of your account, including blocking of your IP address and reporting to the relevant authorities. We will endeavour to provide you with our reasons for terminating or denying access to our site, but there may be circumstances where we are unable or unwilling to do so. 

3. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it.

All trademarks (including registered and unregistered marks), trade names, logos and trading styles on the Website are owned by us and you may not use them without our prior written consent.

You are permitted to use this material only as expressly authorised by us or our licensors. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to in any way, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content whatsoever without our prior written approval.

You may print off one copy, and may download extracts, of any page(s) from our Website solely for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence from us to do so. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must immediately destroy any copies of the materials you have made, in whatever form, and cease to use or otherwise make reference to them.

4. LIABILITY

We will use reasonable endeavours to verify the accuracy of any information on the site but we make no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs of any kind or represents the full functionality, accuracy, reliability of the Website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss and/or damage from action taken or taken in reliance on material or information contained on the site.

Other than as expressly provided in these terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

We will not be liable, in contract, tort, negligence, pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions or the use of this Website for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.

We will take all reasonable measures to safeguard any details submitted using the secure Website, but we cannot be held liable for any loss and/or damage caused whatsoever as a result of unauthorised access to information provided by you or your recklessly, negligently or otherwise divulging any information to an unauthorised third party.

5. CARD PAYMENTS

Using the online payments facility on this Website indicates that you accept these terms. If you do not accept these terms do not use this facility.

All payments are subject to the following conditions:

• Payments made through the Website must be by debit or credit card only. but all other recognised payment cards within the UK are accepted.
• In making a payment you are confirming that you are authorised to make the payment as the cardholder, or otherwise that you have the cardholder’s permission.
• We cannot accept liability for a payment not reaching the intended account due to you gaining access to an incorrect account.
• We cannot accept liability if payment is refused or declined by your card provider for whatever reason.
• If your card supplier declines payment, we are under no obligation to bring this fact to your attention. It is your responsibility to check with your card supplier or bank that the transaction has been successful.
• We will use the email address provided to send you confirmation of your payment plan. We may also use this email address to contact you about your account in the future.

In line with the Payment Services Directive 2 2017 (“PSD2”), we are responsible for ensuring your card payment details are protected. We have implemented technical, administrative, and organisational measures to protect card information that is stored within our servers from unauthorised access, accidental loss, modification, or disclosure to help tackle the rising levels of online fraud.

PSD2 introduces the use of Strong Customer Authentication (“SCA”) and 3D Secure 2 (“3DS v2”). SCA aims to make online payments more secure through two factor authentication, to help confirm your identity when using your card details online. If you are a client, our services require you to go through two factor authentication when signing into our website and app through the use of a password, phone, or email code confirmation, and/or fingerprint or voice pattern. If you are a customer, you will be required to provide security information in line with Data Protection Act regulations before being granted access your account.

• Low-value transactions.
• Recurring transactions (Continuous Payment Authority for the same amount and payee). These will require SCA for initial set up and subsequent amendments.
• Whitelisting – customers can ‘whitelist’ merchants as ‘trusted beneficiaries’ and won’t need to authenticate with them once an initial check is completed. Issuers can still reject requests where they believe there is a high-risk of fraud.
• Secure Corporate Payments.
• Transaction Risk Analysis (TRA) – this may apply if a transaction is low-risk.

3DS v2 will also help support two factor authentication under PSD2 and was rolled out in response to these regulatory requirements;

3DS v2 is an authentication protocol through a rich data exchange and can be triggered by your card merchant/issuing bank after you have entered your card details. To verify your identity, your card provider will aim to authenticate the payment through a one-time password (OTP) or using biometrics, such as a fingerprint.

6. THIRD PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this site may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites.

Please review carefully any third-party policies and procedures and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7. PROHIBITED USES

In addition to other prohibitions as detailed within this Terms of Use and Service, you are prohibited from using this Website site or its content:

• For any unlawful purpose.
• To solicit others to perform or participate in any unlawful acts.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To upload or transmit viruses, malware or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related Website.
• To collect or track the personal information of others.
• To spam, phish, smish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose.
• To interfere with or circumvent the security features of our Website, servers or any related Website. We reserve the right to terminate your use of our services or any related Website for violating any of the prohibited uses.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Digital DRA and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. SEVERABILITY

In the event that any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use and Service, such determination shall not affect the validity and enforceability of any other remaining provisions.