By using this Site whether as a subscriber, a visitor or
otherwise, or by using any of the services contained within the Site including
but not limited to logging in, accessing a webpage, performing a search you must
accept these terms and conditions of use.
Definitions and Terms of Contract
Delay-Repay is a website owned and operated by Julian Self Associates Limited a company
registered in England and Wales.
In these Terms and Conditions the following words and phrases will have the
meanings set out below:
"Content" means content, data, maps and information which
form part of or are included in the Products, including without limitation,
Content provided by Data Providers;
"Customer" means the party to which the goods are to be
supplied or service rendered by the supplier. May also be referred to as the
"User" and/or "Passenger".
"Data Provider" means any third party supplier providing
maps, data or information directly or indirectly to the Supplier.
"Intellectual Property" means any patent, copyright,
registered design rights, service marks, moral rights, data protection rights,
know-how, trade mark or other intellectual property rights held by the Supplier
or any Data Providers and contained in the Products;
"Order Form" means any standard order form(s), in printed or
electronic form, produced by or on behalf of the Supplier.
"Claim Form" means any claim form(s), in printed or
electronic form, produced by or on behalf of the Supplier.
"Reverse Engineer" means to dismantle a computer program,
product or algorithm in order to determine how it works.
"Product" means any product or service provided to Purchaser
by Supplier or a Data Provider, pursuant to an Order Form, and includes the
Content and any report, service, document, information or data contained in such
product or service.
"Claim" means any claim or service provided to Purchaser
by Supplier or a Data Provider, pursuant to a Claim Form, and includes the
Content and any form, report, service, document, information or data contained in such
product or service.
"Purchaser" means the contracting party or parties whose
details appear on the Order Form;
"Site" means any of the images, written material, databases
or other material available at the internet address "www.Delay-Repay"
"Supplier" for the purposes of these conditions means Julian Self Associates Limited, a Company registered in England, and the party to which the goods are
to be supplied or service rendered by the supplier is referred to as the "the
All copyright, database rights and other intellectual property rights in all
the material which comprise the Service including but not limited to design,
structure, layouts, graphical images and underlying software code (collectively
the "Content") belongs to Delay-Repay or its licensors. All rights are
reserved, except for the limited licensed rights expressly granted below.
The Customer acknowledges that, except as otherwise agreed between the
parties in writing, copyright and all other intellectual property rights in the
Service shall remain with Delay-Repay or third party owner of such rights.
The Customer shall have and shall gain no rights of ownership therein.
1.1 Although portions of Delay-Repay may be viewed by anyone who visits
Delay-Repay you will need to register as a subscriber in order to access
some Delay-Repay services.
1.2 You agree and warrant that any information you provide to us about
yourself upon registration or at any other time will be true, accurate and
complete and that you will ensure that this information is kept accurate and up
to date at all times.
2. Password and Security
2.1 When you register to use Delay-Repay you will be asked to create a
password. It is your responsibility to choose a secure password. You must keep
this password confidential and must not disclose it to or share it with anyone.
YOU WILL BE RESPONSIBLE for all activities that occur under your password. If
you know or suspect that someone else knows your password you should notify us
immediately. The Supplier will not be responsible for any abuse of passwords.
3.1 We treat your privacy very seriously and we understand that you will wish
to know how we will use the information we collect from you. Please access our
comply with all applicable UK data protection legislation.
4. Your use of Delay-Repay
4.1 You alone are responsible for your use of Delay-Repay and the
consequences of any such use. By using Delay-Repay you agree to comply with
the following guidelines:
(a) Delay-Repay is to be used for your personal use only and the use of
Delay-Repay to obtain financial gain is prohibited.
(b) Where the customer is an organisation, limited company or other legal
entity, comprising one or more people, each person accessing Delay-Repay
must have a subscription if they require access to subscriber information.
(c) Delay-Repay may only be accessed manually. The use of automated
agents, robots, or automated software, other than search engine spiders, to view
the site is specifically forbidden.
(d) You may not attempt to build a copy of our data or reverse engineer our
(e) Where address information is provided by Delay-Repay on
Delay-Repay, in our reports, forms and search results, you may not use such
information to contact any party to the reported transaction.
(f) You may use Delay-Repay and any printed reports, for your own
research, study or other uses that do not infringe the copyright of
Delay-Repay and our licensors. You may not publish or reproduce any part of
the data or work derived from the data without our specific prior written
permission. Such permission will either be clearly stated on Delay-Repay or
may be requested by post or email.
(g) Delay-Repay may not be used to send chain letters, junk mail,
"spam", solicitations (commercial or non-commercial) or bulk communications of
(h) You must not use Delay-Repay or any part of Delay-Repay in a
way that might reasonably be expected to cause the same to be interrupted,
damaged, rendered less efficient or which could in any way damage the operation
of another's computer.
5. Intellectual Property
5.1 Delay-Repay, its contents and all Rights therein are owned by
Delay-Repay (and/or its licensors). "Rights" means copyright, database
rights, trade marks, design rights and other intellectual and proprietary rights
of whatever nature, anywhere in the world. You acknowledge that (i)
Delay-Repay is protected by Rights; (ii) these Rights are valid and
protected in all media and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, these Terms and Conditions and
applicable copyright, trademark and other laws govern your use of such Rights.
5.2 You may view, print, download or temporarily store extracts from
Delay-Repay for your personal, non-commercial reference without alteration,
addition or deletion. You may not otherwise copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise transfer any
Delay-Repay material or content. You acknowledge that you will not acquire
any Rights by downloading or otherwise using any Delay-Repay content or
5.3 By submitting content, which shall include your subscriber name, to any
"public area" of Delay-Repay, including message boards, forums, and
contests, you grant Delay-Repay a royalty-free, perpetual, irrevocable,
non-exclusive right and licence to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed, for the full term of any Rights that may exist in such content.
You also permit any subscriber to access, display, view, store and reproduce
such content for personal use.
5.4 By submitting content, you also warrant that you are entitled and have
all necessary rights to grant the licences stated above. Subject to the
foregoing, the owner of such content placed on Delay-Repay retains any and
all Rights that may exist in such content.
6. Data Protection
6.1 The supplier may place information concerning the Customer on a
computerised directory of internal use only. The supplier will never disclose a
Customers details to any third party unless required to by law, unless
specifically instructed to the contrary by the Customer.
6.2 In creating interfaces onto the World Wide Web, the supplier enables
either unlimited or secure access to information contained within the Customer's
premises or computers. It is the responsibility of the Customer to define
precisely the degree of security access to be enacted and the supplier denies
all liability both legally and for consequential damages and all forms of
economic loss should commercial loss or damage occur as a result of unauthorised
access to the Customer's computers.
7. Third Party Web Sites, Goods and Services
7.1 Delay-Repay provides links to third party web sites that are not
affiliated with Delay-Repay (although Delay-Repay branding,
advertisements or links may appear on these sites). We make no representations
as to the quality, suitability, functionality or legality of any sites to which
we may provide links or any goods or services available from such sites, and no
such representations should be inferred or construed whether from such provision
7.2 All matters concerning any goods and services that you purchase from a
third party site, including, without limitation all contract terms are solely
between you and the owner of that site and Delay-Repay will not be liable
for any costs or damages to you or any third party arising directly or
indirectly out of any third party website. You hereby waive any claim you might
have against Delay-Repay with respect to any such sites. The Contracts
(Rights of Third Parties) Act 1999 shall not apply to this agreement.
time to time, send e-mail messages to you containing advertisements or
promotions including links to third parties. Delay-Repay makes no
representation or warranty with respect to the quality, suitability, or
functionality of any goods or services which may be obtained from third parties
as a consequence of these e-mails, and you agree that Delay-Repay shall
have no liability with respect thereto.
8 Disclaimer of Warranties and Limitation of Liability
8.1 Delay-Repay is provided on an "as is" and "as available" basis.
Delay-Repay expressly disclaims all warranties or representations of any
kind, express or implied, to the fullest extent permitted by law.
8.2 You understand and agree that Delay-Repay does not warrant or
guarantee the accuracy or completeness of any information in or provided in
connection with Delay-Repay. Delay-Repay is not responsible for any
errors or omissions or for the results obtained from the use of such
information. Whilst Delay-Repay is provided for the general information of
the general public, all information is provided on the basis that
Delay-Repay, its employees and consultants and its subscribers (while such
subscribers are participating in Delay-Repay), are not engaged in rendering
legal, financial or other professional services or advice. Data and information
in or provided in connection with Delay-Repay should not be relied upon for
any commercial or business transaction or investment or for any similar purpose.
Delay-Repay strongly advises you to seek appropriate professional advice
before entering into any such transaction. Any information is of a general
nature and may not necessarily be suitable for any individual purpose.
8.3 Delay-Repay shall not be responsible for any loss or damage caused
directly or indirectly, by the information or ideas contained, suggested or
referenced on Delay-Repay. Your participation in Delay-Repay is solely
at your own risk. No advice or information, whether oral or written, obtained by
you from Delay-Repay or through Delay-Repay shall create any warranty
not expressly made in these Terms and Conditions or imposed by law.
8.4 The Supplier will use reasonable care to provide the Purchaser with an
accurate copy of the Supplier's data incorporated within the Product.
8.5 The Supplier shall not be liable for any errors or inaccuracies or
incompleteness in or reliance on, any data or materials supplied to Supplier by
a Data Provider(s) or Customer(s), nor for any errors, inaccurate statement or risk rating in, or reliance on, a Product or Claim, which resulted from such data.
8.6 The Supplier shall not be liable for any rejection of any type of Claim for whatever reason.
9. Application performance
9.1 The Supplier shall use its reasonable endeavours to create computer software
products or services as agreed to be purchased by the Customer and shall offer a warranty as
described herein. The supplier warrants that the product delivered to the
Customer shall perform according to the logical structure, which enables the
processes therein to function correctly. However the supplier denies all
liability for the timely operation of the product when used within an Internet
environment, where the Customer or third party is providing the computer
equipment upon which the product is to reside or depend upon for any part of its
9.2 By confirmation of contract with the supplier, the Customer specifically
confirms his understanding that the timely operation of the Internet and world
wide web is governed by constraints beyond the control of either party, and that
the supplier is not liable for perceived slow operation of an application
written for the Customer, and accepts that from time to time the supplier may
offer advice upon amendments which may become necessary to improve the perceived
speed of operation.
10. Subscriptions and Refunds
10.1 Delay-Repay offers a free subscription and/or examples which allow
you to assess if the services of Delay-Repay are satisfactory for your
purpose. This free subscription is at the absolute discretion of the supplier.
10.2 Subscriptions are offered for varying periods of time and may include
access to different kinds or amounts of information. Subscription allows access
to the information when the information is available. It does not guarantee that
the website will always be available or that every piece of information will
always be available. Delay-Repay will use their best endeavours to ensure
that the website and all the information it offers is available and up to date.
10.3 Subscriptions are for the period stated or any part thereof and commence
immediately on activation of registration or receipt of payment. No refund will
be given for the cancellation or termination of a subscription.
10.4 Due to the digital nature of the subscriptions no automatic right of
refund or cancellation exists after a subscription has been purchased by you in
accordance with Regulation 13 of the Consumer Protection (Distance Selling)
10.5 Delay-Repay may refund subscriptions in whole or part at their sole
discretion. The exercise of such discretion is arbitrary and shall not establish
precedent with regard to a specific customer or any customer.
11. Termination & Remedies for Breach of these Terms by You
11.1 Serious Breach
Delay-Repay will be entitled to terminate your subscription or deny you
access to Delay-Repay without notice in the event of a serious breach of
these Terms and Conditions
11.2 Delay-Repay will be entitled to restrict, suspend or terminate your
subscription or deny you access to Delay-Repay or take such other action as
Delay-Repay deems appropriate if Delay-Repay determines that you are
in breach any of the Terms and Conditions or Delay-Repay considers in that your
use of Delay-Repay is inappropriate or otherwise unacceptable. In such a
case two weeks notice will be given.
11.3 The restriction, suspension or termination of our service pursuant to
this section will be without prejudice to any rights which Delay-Repay may
have against you in respect of your breach of these Terms and Conditions.
11.4 Delay-Repay shall be entitled to disclose your user identity and
details if required or requested by the courts or other law enforcement
authorities and/or agencies or in such other circumstances as Delay-Repay
in its sole discretion considers reasonably necessary or appropriate.
12. Force Majeure
Neither party is liable for delay in meeting its obligations due to any cause
outside its reasonable control including Acts of God, riot, war, malicious acts
of damage, fires, electricity supply failure, Government authority.
13.1 The Purchaser will place an order for a Product by providing the
information required on the Order Form or other information required by the
Supplier (or its distributor). The Purchaser will pay the Supplier or the
Supplier's distributor (as directed by the Supplier) the charge for the Product
by credit/debit card at the time of order unless terms are otherwise agreed in
13.2 The Purchaser will provide sufficient information to clearly identify
the location upon which information is required.
13.3 The Supplier will treat each order received as an "offer" in law. If the
postcode information supplied by the Purchaser does not indicate an actual
property in England & Wales on the Supplier's records then the Supplier may
offer the Purchaser an opportunity to substitute a different location or to
cancel the order. Subject to the above, the Purchaser is unable under Regulation
10 of the Distance Selling regulations, to cancel the order once the Supplier
has commenced to produce a Product in accordance with the Purchaser's order.
13.4 On receipt of the order the Supplier will search its databases to
produce the product required by the order form
13.5 The information supplied by the Supplier is updated regularly. The
information provided by other Data Providers is updated on various cycles. The
Supplier believes its databases will reflect the information available to it at
the time of the last relevant update.
14. Trademark Notice
Delay-Repay and the Delay-Repay logo are trademarks of Delay-Repay
You agree to indemnify and hold each of Delay-Repay, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of your use of Delay-Repay, the violation of these Terms of
Service by you, or the infringement by you, or any other person, of your
account, or of any intellectual property or other right of any other person or
16. Interpretation and Jurisdiction
These items shall be construed in accordance with English law and the
supplier and the Customer shall submit to the Jurisdiction of the English
Courts. Should contradiction occur or be implied with the laws of the European
Community, then the parties agree to be bound by the findings of the higher
court as shall be defined in statute at the time in English law. Except as
provided for herein, and other than where the Customer is a consumer as defined
in the Unfair Contract Terms Act 1977, all conditions and warranties in respect
of sales by the supplier whether express or applied by common law or by the Sale
of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded to
the fullest extent permitted by law and the Customers' attention is drawn to
Should any provision of these terms be held to be void, invalid,
unenforceable or illegal by a court, the validity and enforceability of the
other provisions shall not be affected thereby. If any provision is determined
to be unenforceable, you agree to a modification of such provision to provide
for enforcement of the provision's intent, to the extent permitted by applicable
law. Failure of a party to enforce any provision of these terms shall not
constitute or be construed as a waiver of such provision or the right to enforce
18. Absence of Waiver
Any failure or delay by us to enforce strict performance by you of any of the
Terms and Conditions or to exercise any right under the Terms and Conditions will not be
construed as a waiver to any extent of our rights.
19. Right to Assign
Delay-Repay may assign its rights and obligations under these Terms of
Service and upon such assignment Delay-Repay shall be relieved of any
further obligation under these Terms and Conditions.
20. Entire Agreement
entire agreement between you and us as to your use of Delay-Repay and
supersede all prior agreements and understandings between you and us.