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Nayax Website Terms of Use

Last Modified: May 2024
1.    About our terms
1.1    These Terms of Use (the “Terms”) govern your relationship with Nayax UK Ltd. and its  affiliates (collectively “Nayax”, “us” or “we”) and set forth the terms and conditions under which Nayax makes available its website (the “Site”), to each person accessing or using the Site (the “User” or “you”), all as specified herein.
1.2    Please read these Terms carefully before using the Site and visit this page regularly for updates and changes. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you should discontinue any use of the Site.
1.3    These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information purposes only. The Site provides visitors with general information related to Nayax services and products. The Site also includes a contact form which you can use to contact us, a careers page where you can see any job openings at Nayax and submit an application, your CV / resume and additional documentation. You can also use the Site to open a support ticket, or inquire regarding a charge and request a refund. Through the Site, Nayax’s customers may also be able to access and use certain services, by entering into a designated account or dashboard, providing various management tools.
1.4    If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out in section 2 below.
1.5    Please note that if you are a customer of Nayax, accessing any of Nayax’s services through the Site (for example a customers’ dashboard or personal account), such use may be also governed by additional terms and conditions, as specified therein or in accordance with other policies or agreements applicable to Nayax’s services and products such as the Sales Terms for Nayax eShop and the Nayax Core Terms and Conditions that are provided to You as part of the customers registration process.
2.    About us 
2.1    We are Nayax UK Ltd., a company registered in England and Wales under company registration number 07939558. Our registered office is at Maylands Building Maylands Avenue Hemel Hempstead HP2 7TG Our VAT registration number is GB 129830305.
2.2    To contact us, call our customer service team on 0203 455 4800  or at email uksupport@nayax.com.
3.    Using the Site 
3.1    You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site. 
3.2    We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.3    By submitting information through the Site you warrant that any information provided by you is complete, truthful and accurate in all respects.
3.4    In connection with your use of the Site, and without limiting any other obligations under these Terms or applicable law, you shall not, and shall not permit others to:
(A)    modify the Site or any content available therein, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site, servers or networks connected to the Site, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(B)    sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Site or any content available therein;
(C)    attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, any content available therein, its technology or any software related thereto;
(D)    create a database by systematically downloading and storing all or any content from the Site;
(E)    use the Site for any illegal, immoral or unauthorized purpose, encourage criminal behaviour or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
(F)    use the Site in a manner which infringes another person’s rights in any way, including privacy rights, or in any manner which is harassing, or otherwise offensive;
(G)    allow any access to or use of the Site or any part thereof to non-authorized users;
(H)    engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to Nayax; and
(I)    use the Site in a way that infringes or violates these Terms.
3.5    You undertake and agree that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the Site any content:
(A)    that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(B)    that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party;
(C)    that infringes the rights of any other person or third party, including rights to reputation and good name, privacy rights, or others;
(D)    that you do not have the right to make available by reason of any law or contractual or fiduciary relationship;
(E)    that comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages; and
(F)    that contains any confidential or sensitive information about you or any other user or third party, such as medical information, information about sexual life or orientation, political affiliation, etc.
3.6    We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4.    Registration and password security 
4.1    Use of the Site may require registration, particularly in order to access restricted areas of the Site.
4.2    We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
4.3    You are responsible for making sure that your password and any other account details are kept secure and confidential in accordance with the Nayax Core Terms and Conditions.
4.4    If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
4.5    Any personal information you provide to us as part of the registration process will be processed in accordance with the Nayax’s Privacy Policy, available here.
5.    Infringing content 
5.1    We will use reasonable efforts to:
(A)    delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
(B)    identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms,
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
5.2    If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
6.    Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with the Nayax’s Privacy Policy, available here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
7.    Ownership, use and intellectual property rights 
7.1    Content and information provided on and through the Site, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Site, are the copyrighted and/or trademarked work of Nayax and/or Nayax’s affiliates and/or licensors. Use of the Site does not grant any rights and/or any license whatsoever to intellectual property of Nayax and/or that of third parties.
7.2    The name Nayax, including any logo or design thereof, is the copyrighted and/or trademarked work of Nayax. You may not use Nayax’s trademarks for any purpose without first obtaining Nayax’s written consent.
7.3    Nayax and its licensors are, and shall remain at all times, the sole and exclusive owners of any and all rights, interests and title in the Site, its code, and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including intellectual property rights used or embodied in or in connection therewith. 
7.4    Nothing in these Terms grants you any legal rights in the Site or its contents other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or its content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or its contents. 
7.5    Nothing in these Terms shall prohibit Nayax in any manner from using, developing, marketing, licensing, or otherwise disposing of the Site, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to the User any rights in or to any present or future products of Nayax, whether or not similar to the Site.
8.    Accuracy of information and availability of the site
8.1    Despite our efforts, the information contained in the Site, may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. Nayax shall not be liable for any inaccuracies or omissions in the Site and/or services available on or via the Site, and any decisions you make based on information contained in this Site are your sole responsibility and made at your sole risk.
8.2    Nayax reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Site or any part thereof, or User’s access thereto, at its sole discretion. You will have no claim, complaint or demand against Nayax for applying such changes or for failures incidental to such changes.
8.3    Any content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its contents.
9.    Hyperlinks and third party sides 
9.1    Please note that third party content and links to third party sites or services may appear on the Site from time to time. Nayax does not endorse such content, nor do such content represent any recommendation provided by Nayax.
9.2    Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
10.    Warranty Disclaimers
10.1    YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND IS USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
10.2    Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Site or its contents. Any terms including any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
11.    Limitations Of Liability And Remedies
11.1    TO THE FULL EXTENT PERMISSIBLE BY LAW, NAYAX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
11.2    References to liability in this clause 11 include every kind of liability arising under or in connection with a contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.3    Nothing in these Terms limits or excludes liability for:
(A)    death or personal injury caused by our negligence;
(B)    fraud or fraudulent misrepresentation; or
(C)    any other liability that cannot be limited or excluded by law.
11.4    Nothing in these Terms shall limit or affect the exclusions or limitations of liability set out in the Sales Terms for the Nayax eShop.
12.    Indemnification
12.1    You agree to indemnify (as a debt owed to), and hold harmless, Nayax and its affiliates from any costs, charges, damages, expenses or losses incurred, including reasonable lawyers' fees, resulting from any breach of your representations or obligations under clauses ‎3.4 and ‎3.5.
13.    Events beyond our control
13.1    We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
14.    No third party rights
14.1    No one other than us or you has any right to enforce any of these Terms.
15.    Amendments
15.1        No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause ‎15. 
15.2    Nayax may change these Terms from time to time. All changes to these Terms are effective as of the stated “Last Modified” date above and it is your responsibility to check these Terms from time to time to verify such variations. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us
16.    Complaints
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
17.    Severability
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
18.    Assignment
18.1    Nayax may assign and transfer these Terms at any time. 
18.2    You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.    Governing law and jurisdiction
The Site and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of England and Wales. You agree that all such disputes shall be brought exclusively in the courts of London, England.