AppealNow.com™ Terms and Conditions
1. Introduction.
This
Agreement is a legal document which sets out your rights and
obligations, and those of Margrove Software Limited, a company
registered in England under registration number 4049159 ("Margrove",
AppealNow.com", "we" or "us"), in relation to this website ("website",
"site") and the services offered through the website by AppealNow.com™
(the "AppealNow.com™ Service").
By registering for or
using the AppealNow.com™ Service, you agree to the terms of this
Agreement, and you reconfirm your agreement every time you use it.
Without prejudice to the generality of the foregoing Users of the
AppealNow.com™ website and/or services similarly affirm that they are
bound by this Agreement each time they access the AppealNow.com™
website or Service. You should be aware that this Agreement may change
from time to time in accordance with Clause 22 below.
This
site is for motorists who wish to appeal against incorrect Penalty
Charge Notices ("PCN") in respect of alleged parking or Congestion
Charging violations or incorrect Clamping & Removal Charges,
incorrect Bus Lane fines and incorrect Congestion Charge Clamping &
Removal.
2. Users of the AppealNow.com™ website and/or Services .
Individuals
or company's who register for or use the AppealNow.com™ Service
("User", "Users") must in the case of individuals be at least 18 years
of age. For the avoidance of doubt any persons visiting the
AppealNow.com™ website or using the AppealNow.com™ services are
referred to collectively as "Users".
Individuals or
company's who register to use the AppealNow.com™ Service must in the
case of individuals be at least 18 years of age.
Individuals
and companies ("members", "member", "users", "user",) that register to
use the AppealNow.com™ service automatically become members of the
AppealNow.com™ service and agree to pay an annual registration fee of
£5.
Annual Registration entitles you to :
• The right to have every letter generated by the AppealNow.com™ service from as little as £7.99 for each appeal letter
• All benefits of membership for the time being in place.
Please
note that we are not an Internet service provider. In order to avail
yourself of the AppealNow.com™ Service, you must have Internet access
and all the appropriate hardware and software, skills and equipment
required for email and web usage. Please note that this service is
designed for new appeals i.e. where no representation or appeal has yet
been lodged against a PCN.
3. Registration.
You
undertake to register for the AppealNow.com™ Service using accurate and
current information about yourself – including your correct name,
address and any other details we request.
You
undertake, in respect of each PCN to log your information relating to
that PCN ideally within 3 days of the date on the PCN (in the case of
PCNs issued by post within 3 days of the date of service). You may log
your information up to 8 days from that date but you should be aware
that you may have lost the right of paying a reduced fine if you log
your information after that time and/or if you subsequently decide to
pay the PCN. If you do not
You undertake, in
respect of each Notice to Owner ("NTO") to log your information
relating to that NTO ideally within 6 (days) days of the date of the
NTO. You may log your information up to 17 days from that date but you
should be aware that you if your log your information after this when
taking into account the checking we do and the processing you may have
lost the right to appeal against the Notice to Owner. Additionaly if
you agree to pay the NTO you will have lost the right to pay the
reduced fine.You should make a note of the date that you received the
NTO and retain the envelope it came in as councils often send the NTO
out several days after the date shown on the NTO.
We regret that we are no longer able to take appeals to the Parking Adjudicators.
You
also undertake to supply to AppealNow.com™ completely accurate
information about yourself, any parking or other incident in respect of
which a PCN has been issued.
AppealNow.com™ does not supply you with copies of the appeal or appeals sent on your behalf.
You also undertake not to abuse the service or use it for any malicious, illegal or inappropriate purpose.
If
you are asked for, and provide details of a credit, debit or charge
card, you must ensure that (a) you are fully entitled to use that card,
and (b) it has sufficient available funds or credit to cover the
charges which are deducted from it.
As part of the
registration process for the AppealNow.com™ Service, you may receive a
verification email, the purpose of which is to take reasonable steps to
ensure that the email address you have nominated during registration is
controlled by you. That email will contain simple instructions for you
to follow.
4. Privacy policy.
AppealNow.com's
Privacy Policy forms part of this Agreement, and by agreeing to its
terms, you also give your consent to the way we may handle your
personal data. Any posting on a public area of the AppealNow.com™
website (including any which contains personal information) is
accessible to Internet Users around the world.
5. AppealNow.com's Position.
You,
acknowledge that we are not and cannot be held responsible for the
information placed by Users – whether on the AppealNow.com™ website or
outside of it. In particular, you should be aware that AppealNow.com™
does not pre-screen or monitor the information contributed by Users.
6. Additional services.
AppealNow.com™
or its affiliates may from time to time offer new or additional
services through the AppealNow.com™ website. Your use of those services
may be subject to additional terms and conditions, or rules of use,
with which you must comply. Provided that those terms or rules are
notified to you on the AppealNow.com™ website in an appropriate manner
(as determined by AppealNow.com™ in its reasonable discretion), any
failure by you to comply with a material provision of the terms or
rules governing those services will amount to a breach of this
Agreement.
7. Operation of AppealNow.com™ Services.
AppealNow.com™
reserves the right to withdraw or modify one or more aspects of the
AppealNow.com™ Service where we have legal, administrative or technical
reasons to do so (including technical difficulties experienced by
AppealNow.com™ or on the Internet). There may also be times when the
AppealNow.com™ Service becomes unavailable, whether on a scheduled or
unscheduled basis. For security or other reasons, we may require you to
change the Username or password with which you gain access to the
AppealNow.com™ Service.
8. Misuse of AppealNow.com™ Services.
We
reserve the right (a) to suspend or terminate any User's access to the
AppealNow.com™ Service, or parts of it, and/or (b) to edit, or require
the User to edit, material posted on the AppealNow.com™ website, if the
relevant User or the posted material appears to us to be in breach of
any provision of this Agreement.
Any person whose
access has been suspended or terminated must not re-register for, or
re-access, directly or indirectly, the AppealNow.com™ Service without
our prior consent. You are responsible for everything that is done on
or through the AppealNow.com™ website while your User account is logged
on to the AppealNow.com™ Service or while you are visiting or using the
AppealNow.com™ Service, or through your email address.
9. Appropriate and Inappropriate Use.
The
AppealNow.com™ Service is intended to be used by its Users for the
purposes referred to in Clause 2 above. Accordingly, Users must not:
•
include an email address, postal address, phone number, the address of
any website, or any other information or material which is not
specifically germane and required for the appeal on the AppealNow.com™
Service or
• place, without prejudice to the
generality of the foregoing, any material on, or otherwise use, the
AppealNow.com™ Service for any business or commercial purpose, or
place, without prejudice to the generality of the foregoing, any
material on the AppealNow.com™ Service which is illegal, or otherwise
use the AppealNow.com™ Service for any illegal purposes, or place,
without prejudice to the generality of the foregoing, any material on
the AppealNow.com™ Service which is libellous, or otherwise use, the
AppealNow.com™ Service for any libellous purposes, or
•
use access to the AppealNow.com™ Service, or information gathered from
it, for the sending of unsolicited bulk email (sometimes known as
‘Spam').
10. Fees
10.1 You
acknowledge that we are entitled to alter the amount or the basis of
the calculation of our fees from time to time, provided that such
amount or basis is clearly stated at the time that you agree to make
use of the relevant AppealNow.com™ Service.
10.2 Refunds :
The
User by registering, entering or using the website, agrees that the
supply of services by us has begun before the end of the cancellation
period applicable under regulation 12 of The Consumer Protection
(Distance Selling) Regulations 2000 and accordingly fees paid by a User
will not be returned or refunded in whole or in part by AppealNow.com,
unless, in the exceptional circumstances that the AppealNow.com™
Service for which the User has paid for has not been actioned by us
within 24 days of the information being submitted to the website.
10.3.
We may add new or ancillary services from time to time that require the
payment of fees, either to us or a nominated third party, on terms
which will be provided to you at the time.
11. Prohibitions.
You
are responsible for ensuring that no material you post, or which is
posted through any device on or through which you access the
AppealNow.com™ Service, nor any activity or communication you make in
connection with any AppealNow.com™ Service, will be capable of (a)
infringing the intellectual property or other rights of any person or
entity, (b) breaching any applicable law, whether criminal, tortious or
otherwise, or (c) appearing to be offensive, threatening, obscene,
pornographic, false, unreliable or misleading.
12. Alerting AppealNow.com.
If
you see anything on the AppealNow.com™ website which appears to
infringe this Agreement, then please contact us to inform us by
emailing us here.
Each User acknowledges that we do
not monitor material which appears on the AppealNow.com™ Service, and
that we are reliant upon you and all Users to notify us of anything you
see here which appears likely to breach this Agreement, using the
notification techniques which are made available on the AppealNow.com™
website.
13. Withdrawal of material and Termination of User's Access.
Each
User acknowledges that we are entitled to withdraw any material on the
AppealNow.com™ Service which appears whether based on information
received from Users or others, or our own determination to be capable
of breaching any part of this Agreement, or of bringing the
AppealNow.com™ Service into disrepute.
14 Disclaimer and Release.
•
You also acknowledge and accept that AppealNow.com™ has no control over
or responsibility for the truth or accuracy of any material available
on the AppealNow.com™ Service, whether provided by Users or others.
•
If any third party sites can be accessed via a hyperlink from the
AppealNow.com™ website, this does not mean that we endorse or have any
responsibility for the site in question or anything which appears on
it.
• You should exercise the appropriate degree of caution in evaluating what you see on the AppealNow.com™ website.
• Your use of the AppealNow.com™ Service is entirely at your own risk.
•
You also acknowledge and accept that AppealNow.com™ does not act as
your agent and is no way responsible for any of your actions.
•
You acknowledge and accept that AppealNow.com™ acts solely as a letter
writing service, writing letters or e-mails on your behalf, based
solely on the information which you have provided, and dispatching
those letters at its sole discretion by mail, fax, e-mail or courier.
•
You acknowledge and accept that AppealNow.com™ as letter writing
service and does not offer any legal or other advice and that the term
letter includes e-mail or e-mails.
• You
acknowledge and accept that AppealNow.com™ has your specific authority
to read any information you enter or submit on the website and that
AppealNow.com™ may , in its absolute discretion, and without any
liability on its part, prevent any letter or e-mail which is generated
by the website, from being sent if there has been any breach of either
Clause 8 or Clause 9 above.
• You hereby authorise
AppealNow.com™ to add your name in computer type as the signatory of
any letter or e-mail prepared and submitted in your name or where
appropriate or required to sign your name or sign on your behalf a
letter of appeal.
• You acknowledge that it is your
responsibility to ensure that you solely control the email address you
have nominated during registration.
• You accept
that any communications from AppealNow.com™ will be sent solely by
e-mail to the e-mail address you show in your login.
•
You acknowledge that by entering the AppealNow.com™ site you
acknowledge that we may contact you by e-mail, post, fax or SMS text
messaging to send you information relating to the use of the site or
for any advertising purposes whatsoever.
• You
acknowledge and accept that AppealNow.com™ produces the letters
referred to above based on its interpretation of the rules and
legislation relating to fines or charges levied in respect of alleged
parking or Congestion Charging violations or incorrect Clamping &
Removal Charges, incorrect Bus Lane fines and incorrect Congestion
Charge Clamping & Removal and shall not be held responsible for any
failure (whether due to our action or inaction or misinterpretation of
the law) of any appeal for any reason whatsoever.
•
You accept that you have no proprietary right or interest in any part
of the AppealNow.com™ website, nor any rights or intellectual property
of the AppealNow.com™ website.
• AppealNow.com™
reserves the right at its sole discretion not to allow you to use its
service once you have logged in, if for technical reasons it cannot
provide the service to you.
• Accordingly, to the
extent that the law permits, you release AppealNow.com, its directors,
contractors and employees from all liability arising out of or in
connection with the AppealNow.com™ Service and the material included on
it by Users and other third parties.
• You accept that the only currency we accept is British Pounds Sterling.
15 Intellectual Property.
You
acknowledge that all copyright, trademarks, and other intellectual
property rights in and relating to the AppealNow.com™ Service or
website (including the material that is contributed by Users) are owned
by AppealNow.com. Accordingly, no one may copy, distribute, show in
public or create any derivative work from the AppealNow.com™ Service or
website, or any of the material which is found on the AppealNow.com™
website unless properly licensed to do so by us in writing.
By submitting any material to the content to the AppealNow.com™ Service or website, you:
are representing that you are fully entitled to do so
•
grant us a non-exclusive, royalty-free, non-terminable licence right to
copy, modify, distribute, show in public and create derivative works
from that material in any form, anywhere; and
•
authorise us to adapt the relevant material in the course of doing so,
and so waive your moral rights to object to any derogatory treatment,
or to be identified as the author, of the material in question.
16 Excluded loss.
We
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). AppealNow.com™ will also not be
liable for any failure to perform its obligations under this Agreement
caused by circumstances beyond its reasonable control.
17 Maximum liability.
Without
limiting the preceding clause, during any period of twelve months, the
aggregate liability of AppealNow.com™ under this Agreement (whether
arising in negligence or otherwise) will not under any circumstances
exceed £5 (five pounds sterling).
18 Non-excluded liabilities.
Nothing
in this Agreement limits AppealNow.com's liability for death or
personal injury resulting from our negligence, or any other liability
which may not by law be excluded. Any statutory rights you may have as
a consumer remain unaffected.
19 Indemnity.
You
agree to indemnify us against all liabilities, claims and expenses that
may arise from any breach of this Agreement by you on or through a
device with which you access the AppealNow.com™ Service.
20 Assignment.
We
reserve the right to assign this Agreement, and to assign or
subcontract any or all of our rights and obligations under this
Agreement. You may not without the written consent of AppealNow.com™
assign or dispose of this Agreement.
21 Entire Agreement.
This
Agreement includes our privacy policy. Together they constitute the
whole of the agreement between us and you concerning the AppealNow.com™
Service, and they replace all earlier agreements and understandings
with you, except for any fraud or fraudulent representation by either
of us. A person who is not a party to this Agreement has no right under
the Contracts (Rights of Third Parties) Act 1999 to rely upon or
enforce any term of this Agreement.
22 Changes to this Agreement.
AppealNow.com™
reserves the right to change this Agreement from time to time, and post
the new version on the AppealNow.com™ website. When we do so, we will
notify you of the fact that there are changed terms on our homepage (www.AppealNow.com.)
The
new version of these terms and conditions will take effect, and will
govern all AppealNow.com™ Services and your relationship with
AppealNow.com:
• commencing 7 days after the date
of posting (or such later date as AppealNow.com™ indicates in the
relevant posting), if any of the changes is to an operative provision
of this Agreement which is capable of adversely affecting you; if you
do not wish to be governed by the new version of the Agreement, you may
notify us on or before the date when the new version of the Agreement
is to take effect, and from that date you must cease to use the
AppealNow.com™ Service; or
• immediately upon the
date of posting (or such later date as AppealNow.com™ indicates in the
relevant posting), if the changes are not to operative provisions, or
not capable of adversely affecting you, examples of which would
include, without limitation, changes to one or more of AppealNow.com's
addresses or email addresses referred to in this Agreement.
23 Severability.
In
the event that any term of this Agreement is held to be invalid or
unenforceable by judicial decree or decision, the remainder of this
Agreement shall remain valid and enforceable.
24 Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
25 Contact.
You can contact us by post at 128 City Road, London EC1V 2NX. Please do not send cheques to this address.
26. Domicile.
Margrove Software Limited is domiciled in England
AppealNow.com
Reversing the charges |
