Point-less Terms and Conditions – Services :

 

The following glossary of words and or terms shall have the following meanings, in the Terms and Conditions:

“AGREEMENT” means acceptance of, and performance upon (the service to which) the (se) Terms and Conditions referred to hereunder in Sections 1 to 4. (Terms and conditions).

“AUTHORITY” means any UK Local Authority including but not limited to: private parking Trust, traffic enforcement office, debt recovery agent or bailiff.

“TRUST” means Point-less.

“CUSTOMER” means you, an individual who may use Point-less by agreeing to these Terms and Conditions.

“DOCUMENTATION” means relevant and supporting documentation, including but not limited to parking and speeding penalty charge notices supplied directly by CUSTOMER to TRUST.

“FEE” means the sum payable to (for) the TRUST for providing the service of making representations on your behalf for the purpose of effecting cancellation of a “PCN” (to have a penalty cancelled on behalf of CUSTOMER) by an issuing (to any) AUTHORITY.

“YOUR” and “YOU” means the Customer in the accusative case and context of this agreement.

“WE” and “OUR” means and refers to the “TRUST”.

 

1. TRUST Services Provided

1.1. The service of TRUST is to provide written representations on “YOUR” behalf with the purpose of effecting the cancellation of a “PCN” ‘cancelling (parking tickets or speeding tickets or speeding points) which has (have) been received by a “CUSTOMER” from an issuing “AUTHORITY”. (Issued by AUTHORITY to CUSTOMER).

1.2 The “TRUST” service is only to be used in relation to “PCN’s” parking (and speeding tickets) which have been issued to a CUSTOMER vehicle.

1.3 The TRUST service depends on the accuracy of the DOCUMENTATION supplied by the CUSTOMER. The TRUST accepts no liability for the accuracy of contents submitted on behalf of CUSTOMER to any AUTHORITY.

1.4. The TRUST cannot and has not made any guarantees as to the success of cancelling a “PCN” ticket on making representation on behalf of CUSTOMER to an issuing AUTHORITY and therefore cannot be held responsible for any failure and will not be liable for AUTHORITY requests for payment of any charges.

1.5. The CUSTOMER understands that TRUST provides (information) (written representations by way of Notice only) and does not give Legal advice in any form.

1.6 The CUSTOMER grants TRUST Specific Power of Attorney as agent for the specific matter enclosed

 

2. Formation and Termination Contract:

2.1. No statements made by the TRUST prior to AGREEMENT form any part of the AGREEMENT with the CUSTOMER.

2.2. The TRUST will only accept applications where the VEHICLE subject to the PCN is registered by CUSTOMER with the DVLA.

2.3. By accepting this AGREEMENT the CUSTOMER shall authorize(s) the TRUST to contact the issuing AUTHORITY on its behalf and The TRUST will make representations on behalf of the CUSTOMER based solely on DOCUMENTATION provided to it by CUSTOMER.

2.4. In the event that information comes to us the TRUST or we have reason to believe (believes) that the CUSTOMER is, has been or is about to use the TRUST services for unlawful purpose, TRUST may terminate the agreement with immediate effect and You will be Notified of the same.

2.5. Either party may terminate the AGREEMENT if the other party has breached the AGREEMENT, and fails to remedy said breach within a 30 day time period.

 

3. FEE and Money Back Guarantee

3.1. The CUSTOMER agrees to pay the TRUST the FEE for the service by accepting this AGREEMENT.

3.2. A full Money Back Guarantee applies in the event a representation is rejected by the TRUST and the FEE will be refunded by TRUST to CUSTOMER, providing the CUSTOMER has adhered to the terms of this agreement.

3.3. (TRUST) WE are (is) not liable to refund FEE to CUSTOMER if DOCUMENTATION is knowingly incorrect, misleading, inaccurate or illegible. The Money Back Guarantee will cease to apply in these cases.

3.4. If the CUSTOMER enters into AGREEMENT with Us (TRUST) but then decides to pay the issuing AUTHORITY or its Assignees, Agents or any other delegated Authority before representations have been completed, the Money Back Guarantee will cease to apply and the FEE will not be refunded.

3.5 Point-less (The TRUST) manages PCN’s by way of representation only (tickets only) and does not offer legal advice.

 

4. Cancellation Policy

4.1 You reserve the right to cancel your application within 24 hours of submission.

4.2 Cancellation must be requested by email.

4.3 When an application is cancelled, we reserve the right to charge a £10 administration fee.

 

5. Limitation of liability & indemnity

5.1. You are to (CUSTOMER is) only (to) use TRUST if no loss, harm or damages has been caused to a third party by your actions or is any way pursuant to the PCN issued.

5.2 (TRUST) WE shall not be liable for any loss, harm or damages caused by the (CUSTOMER) YOU whether in contract, tort or otherwise.

5.3. (The CUSTOMER) YOU hold(s) harmless, indemnify(ies) and keep(s) indemnified TRUST and TRUST’s parents, subsidiaries, affiliates, officers, shareholders and employees in respect of all liabilities, regulatory fines or penalties, costs (including legal costs and disbursements), losses and expenses arising (directly or indirectly) out of:

5.4. The use of the Services by the CUSTOMER or the misuse of the Services by the CUSTOMER.

5.4.1 Any claim originating out of use of the services by a third party;

5.4.2 CUSTOMER causing loss, damages or damages to reputation to TRUST.

5.4.3 Breaches of Intellectual Property of TRUST or any unlawful action or slanderous statement.

5.4.4 Negligence, a breach or allegation of breach of the AGREEMENT by the CUSTOMER.

5.5 If the TRUST breaches the AGREEMENT, TRUST must remedy this within 30 days.

5.6 Each of the provisions of the AGREEMENT are constructed and shall be construed independently of one another and applying and surviving even if one or more of the other provisions or clauses is held incapable, unreasonable or void by way of severance.

 

Point-less Terms and Conditions – Website:

Using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

“CUSTOMER”, “YOU” and “YOUR” refers to you, the person accessing this website and accepting the Trust’s terms and conditions.

“THE TRUST”, “OURSELVES”, “WE” and “US”, refers to Point-Less.

“PARTY”, “PARTIES”, or “US”, refers to both the Customer and ourselves, or either the Customer or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Trust’s stated services/products, in accordance with and subject to, prevailing UK Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Confidentiality & Privacy Statement

We are committed to protecting your privacy. Authorised employees within the Trust use any information collected from individual customers on a need to know basis only. We constantly review our systems and data to ensure the best possible service to our customers. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

 

Confidentiality

Under the Data Protection Act, any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third party, other than the ticket issuing authority or debt collection agency if legally required to do so. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customer’s with appropriate written information or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party. Any emails sent by this Trust will only be in connection with the provision of agreed services and products.

Disclaimer

 

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Trust:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Trust’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Trust of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

 

Payment

Pay Pal and major credit/debit cards are our acceptable methods of payment. Our Terms are payment in full when ordering.

All goods remain the property of the Trust until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £2000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

All transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

 

Availability

Unless otherwise stated, the services featured on this website are only available within the UK or in relation to postings from the UK. All advertising is intended solely for the UK market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Trust. The Trust does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Trust, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.
Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Trust on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission in the normal course of business.

 

Cookies

Like most interactive web sites this Trust’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

 

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Trust will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Trust’s services and the full content of this website. This Trust’s logo is a registered trademark of this Trust in the United Kingdom and other countries. The brand names and specific services of this Trust featured on this web site are trade marked.

 

Communication

Contact information can be found on our Contact Us link on our website.

 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 

General

United Kingdom legislation governs these terms and conditions. By accessing this website and using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the courts in England and Wales with respect all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the Trust to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Trust.

 

Notification of Changes

The Trust reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.


These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

Date Jan 2017 : © Point-less 2017 All Rights Reserved