BANK TRANSFER

TERMS AND CONDICTIONS

Last Updated: January, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION
PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY
THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
Prisma Dealers Ltd (hereinafter referred to as “Prisma”, “we”, “our”, or “us”) owns the Prisma Transfer
brand and line of business. These Terms of Use (“Terms”) apply to your access to and use of all Prisma
websites, shops and other products or services (collectively, the “Services”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with
us or our subsidiaries or affiliates for products, services or otherwise. If you are using the Services on
behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such
entity’s behalf, and that such entity agrees to be responsible to us if you or such entity violates these
Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make
changes to these Terms, we will take reasonable action to provide notice of such changes. You agree
that we may do so, by sending an email, posting a notice on the Services or updating the “Last
Updated” date above. Your continued use of the Services will confirm your acceptance of the revised
Terms. We encourage you to frequently review the Terms to ensure you understand the terms and
conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must
stop using the Services.
All questions or comments about the Services or these Terms should be directed to
info@prismatransfer.com
1. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using
the Services, you represent and warrant that you (a) have not been previously suspended or removed
from the Services and (b) have full power and authority to enter into these Terms and that, in doing so,
you will not violate any other agreement to which you are a party.
Some areas or features of the Services may require you to register for an account and/or create a
profile. You may only register for one online account or face-to-face when you use the Services. When
registering for an account, you cannot create an account name that incorporates a trademark without
authorization from the trademark owner. We reserve the right to reclaim account names on behalf of
any business or individual that holds legal claim, including trademark rights, in those names. In addition,
when registering for an account or creating a profile, you agree to: (i) provide accurate, current and
complete information; (ii) maintain and promptly update your information; (iii) maintain the security of
your account; (iv) not share your account credentials with others; and (v) promptly notify us if you
discover or otherwise suspect any security breaches related to your account or the Services.
You agree to pay our fees (charges and commission as applicable) for each Service we provide to you.
To use our Services, you must register with us. We can only complete your registration if You provide
us with all the details we require from you, including (without limitation) details relating to your identity
and proof of address and any other information we may require from you.
You will promptly supply us with all information and documentation (we may ask you for documents
related to the receiving country law and regulations or rules set by the payer in the receiving country)
which we may ask you for at any time to enable us to: (i) provide the Services to you; and (ii) comply
with any legal requirements on us relating to our Services, including (without limitation) as required by
the Money Laundering Regulations 2007.
You understand that we are obliged to keep all information in our data base for up to 5 years.
You understand that all currency converted pursuant to the Service is converted using our rate of
exchange.
You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity
by you at any time.
You must call us or write to us as soon as you reasonably can if you think a transfer was not made
properly or never arrived.
After placing a money transfer order over the counter you will get a receipt and after order using the
online bank transfer facility, you will receive an e-mail from us acknowledging that we have received
your order. Please note that this does not mean that your order has been accepted. Your order
constitutes an offer to us to buy one of our services. All orders are subject to acceptance by us, and
we will confirm such acceptance to you by sending you an e-mail that confirms that we are processing
your service request (the “Confirmation”). The contract between us (the “Contract”) will only be formed
when we send you the Confirmation.
The Contract will relate only to those services we have confirmed in the Confirmation. We will not be
obliged to provide you with any other services which may have been part of your order until the
processing of those other services have been confirmed in a separate Confirmation.
We will not perform any Services for You (and any Contract between us shall be deemed void) if:
• W are unable to obtain satisfactory evidence of your identity;
• We have reason to believe that your communication with us (by any means) is incorrect,
incomplete, unauthorised or forged;
• You provide us with false, incorrect or incomplete information or if your send order is not given
to us sufficiently in advance to allow us to process the Transaction in accordance with your request
(example: you request a same day transfer to a country but your order is received by us after 5pm
GMT);
• You are unable to comply with any regulatory or governmental authority requirements (by
sending or receiving country) notified to us;
• By doing so we may expose us to action from any government or regulator.
We shall not be liable for any damages, costs or losses incurred as a result of the non-payment or
delay in payment of a money transfer to a Recipient caused by us not performing a Service for You for
the reasons listed above. .
By using our services and placing a money transfer order using our system, you warrant that you are
legally capable of entering into binding contracts.We may, without notice (except as required by law)
and without liability to you, immediately terminate or suspend your access to our Services at any time,
including without limitation, if:
• You attempt to transfer or charge funds from an account that does not belong to you or from
an account which does not have sufficient available funds or has expired, or if you are paying by credit
card, there is an insufficient available line of credit.
• You attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our
system.
• We receive conflicting claims regarding ownership of, or the right to withdraw funds from a
debit or credit card account.
• You have breached a term or condition of these terms and conditions, or any representation
or warranty that you make under these terms and conditions are false.
We may without liability to you, terminate or suspend your access to our services at any time and for
any reason by giving you 30 days prior notice.

2. Privacy Policy and User Data
Please refer to our Privacy Policy for information about how we collect, use and disclose information
about our users. In order to complete a transaction via our Services, you may be required to provide
certain information about yourself, including, without limitation, driver’s license, passport or other state
identification information, proof of address, your signature and any other information requested by us
(collectively, “User Data”). You agree to provide accurate, current and complete User Data. You further
agree that we may store and share User Data to detect, investigate or prevent fraudulent or suspicious
transactions, support investigations into suspected theft, fraud or other wrongdoing, prevent any action
that is illegal or otherwise inconsistent with our agreements or policies and to protect the rights,
property and safety of Prisma and others.
3. Copyright and Limited License
Unless otherwise indicated, all content and other materials on the Services, including, without
limitation, our logos, and all designs, text, graphics, images, information, data, software and links, audio
and video clips, and any intellectual property contained therein, and the selection and arrangement
thereof (collectively, the “Materials”) are the proprietary property of Prisma or our licensors or suppliers
or users and are protected by United Kingdom. and international copyright, trademark and other laws.
You acknowledge that these rights are valid and enforceable and that you do not acquire any ownership
rights by accessing or using the Services or the Materials. The term “Materials” as used in these Terms
does not include third party trademarks, intellectual property, or other content or material owned by
third parties and not covered under a license with Prisma.
Unless otherwise agreed to in writing by us, you are granted a limited, non-sublicensable license to
access and use the Services for your personal use only. Such license is subject to these Terms and
does not include: (a) any resale or commercial use of the Services or the Materials therein without our
prior written consent; (b) the distribution, public performance or public display of any Materials; (c)
modifying or otherwise making any derivative uses of the Services or the Materials, or any portion
thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e)
downloading (other than the page caching) of any portion of the Services, the Materials or any
information contained therein, except as expressly permitted on the Services; or (f) any use of the
Services or the Materials other than for their intended purposes. Any use of the Services or the Materials
other than as specifically authorized herein, without our prior written permission, is strictly prohibited
and will terminate the license granted herein. Such unauthorized use may also violate applicable laws,
including without limitation copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring
any license to intellectual property rights, whether by estoppel, implication or otherwise. This license
is revocable at any time.
4. Repeat Infringer Policy
In accordance with the applicable law, we have adopted a policy of terminating, in appropriate
circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat
infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts
of any users who infringe any intellectual property rights of others, whether or not there is any repeat
infringement.
5. Trademarks
The trademarks, logos and service marks displayed on the Services (collectively, the “Trademarks”)
are the trademarks of Prisma and our suppliers and licensors. The Trademarks may not be copied,
imitated or used, in whole or in part, without the prior written permission of Prisma or the applicable
trademark holder. Any authorized use of the Prisma Trademarks must be in accordance with guidelines
that we may provide you from time to time. The term “Trademarks” as used in these Terms do not
include the trademarks, intellectual property, or other content or material owned by third parties and
not covered under a license with Prisma.
You may not use any metatags or any other hidden text utilizing Prisma or any of our other names,
Trademarks or product or service names without our prior written permission. In addition, the look and
feel of the Services, including all page headers, custom graphics, button icons and scripts, is our
service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in
part, without our prior written permission. All other trademarks, registered trademarks, product names
and company names or logos mentioned in the Services are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by us or any other affiliation.
6. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for
noncommercial purposes, provided such link does not portray Prisma or any of our products and
services in a false, misleading, derogatory or otherwise defamatory manner and provided further that
the linking site does not contain any adult or illegal material or any material that is offensive, harassing
or otherwise objectionable. This limited right may be revoked at any time. You may not use our logos
or other proprietary graphics to link to the Services without our express written permission. Further,
you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other
proprietary information, including the images found at the Services, the content of any text or the
layout/design of any page or form contained on a page on the Services without our express written
consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or
otherwise in or under any patent, trademark, copyright or proprietary right of Prisma or any third party.
We make no claim or representation regarding the quality, content, nature or reliability of third-party
websites accessible by hyperlink from the Services, websites linking to the Services, or the accuracy
of any information provided by such third parties. Such sites are not under our control and we provide
these links to you only as a convenience. The inclusion of any link does not imply affiliation,
endorsement or adoption by us of any site or any information contained therein. When you leave the
Services, you should be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any site to which you
navigate from the Services.
7. Third-Party Content
We may provide third party content on the Services and may provide links to web pages and content
of third parties (collectively, “Third-Party Content”) as a service to those interested in this information.
We do not control, endorse or adopt any Third-Party Content and make no representation or warranties
of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or
completeness. Users use such Third-Party Content contained therein at their own risk.
8. Advertisements and Promotional Offers; Third-Party Products and Services
We may run advertisements and promotional offers from or involving third parties on the Services or
may otherwise provide information about or links to third-party products, services or programs on the
Services. In addition, we may advertise or make available through the Services certain programs that
enable you to obtain gift cards, coupons, discounts or other items from third party businesses. We do
not endorse or recommend any such third parties and your business dealings or correspondence with,
or participation in the promotional offers of, any such third parties, and any terms, conditions,
warranties or representations associated with such dealings or promotional offers, are solely between
you and such third party.
9. Contests, Sweepstakes and Other Promotions
We may from time to time administer, operate or run contests, sweepstakes, and other promotions
(collectively “Promotions”) on the Services and may also advertise and allow participation in
Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion
has its own official rules, which will be made available to you. Your participation in a Promotion is
subject to and governed by the official rules for the Promotion. You must read and agree to the official
rules for any Promotion before you participate in the Promotion. In the event of any conflict or
inconsistency between these Terms and the official rules for a Promotion, the official rules will control.
10. User Content and Interactive Services or Areas
The Services may include interactive areas or services (“Interactive Areas”) in which you or other users
may create, post or store content, messages, materials, data, information, text, music, sound, photos,
video, Product Reviews (as defined below), graphics, applications, code or other items or materials on
the Services (collectively, “User Content”). For purposes of clarification and not limitation, User Content
does not mean User Data or any other information you provide to Prisma in connection with initiating
or completing a transaction. You are solely responsible for your use of such Interactive Areas and use
them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit,
distribute, store, create or otherwise publish through the Services any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false,
misleading, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local, state, national
or international law or regulation;
• User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation
with a person or entity;
• User Content that contains or depicts any statements, remarks or claims that do not reflect
your honest views and experiences;
• User Content designed to deceive or trick Prisma, our suppliers or other users of the Services;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other
person from using or enjoying the Interactive Areas or the Services, or which may expose us or our
users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party
right or commit a tort, and that you are solely responsible for your conduct while on the Services. You
agree that you will abide by these Terms and will not:
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit
other users from fully enjoying the Services, or that could damage, disable, overburden or impair the
functioning of the Services in any manner;
• Engage in fraudulent or dishonest activities in connection with the Services;
• Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
• Flag content or report abuse for improper purposes;
• Send, distribute or post spam, chain letters, or pyramid schemes;
• Harvest or otherwise collect information about users, including email addresses, without their
consent;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by
us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code
or bypass or circumvent measures employed to prevent or limit access to any area, content or code of
the Services (except as otherwise expressly permitted by law);
• Modify, adapt, hack or emulate the Services;
• Use or attempt to use another’s account without authorization from such user and us;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any
service or area of the Services that you are not authorized to access;
•
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed
you or any products or services for any purpose;
• Develop any third-party applications that interact with User Content and the Services without
our prior written consent; or
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote
any illegal activity or any other activity that violates these Terms.
Your use of Services is at your own risk. Enforcement of the user content or conduct rules set forth in
these Terms is solely at our discretion, and failure to enforce such rules in some instances does not
constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not
create any private right of action on the part of any third party or any reasonable expectation that the
Services will not contain any content that is prohibited by such rules. Although we have no obligation
to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right
and have absolute discretion to remove, screen or edit any User Content posted or stored on the
Services at any time and for any reason without notice, and you are solely responsible for creating
backup copies of and replacing any User Content you post or store on the Services at your sole cost
and expense. Any use of the Interactive Areas or other portions of the Services in violation of the
foregoing violates these Terms and may result in, among other things, termination or suspension of
your rights to use the Interactive Areas and/or the Services.
11. Product Reviews
We may provide specific opportunities for you to tell us or other users what you think about our Services
(“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state
your opinions and experiences lawfully, honestly and in good faith and to reveal to others any conflict
of interest or relationship that might influence your views (e.g., if someone is paying or giving you
something for free to encourage you to comment, you agree to make appropriate disclosures). All
Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or
approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or
content of such reviews.
12. Rights in User Content
If you submit or post User Content to the Services, unless we indicate otherwise, you grant us a
nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform and display such
User Content throughout the world in any media, without any compensation to you. You grant us and
our sublicensees the right to use the name that you submit in connection with such content, if they
choose.
By submitting or posting User Content to the Services, you represent and warrant that: (a) such User
Content is non-confidential; (b) you own and control all of the rights to the User Content that you post
or you otherwise have all necessary rights to post such User Content to the Services; (c) the User
Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your
use and posting thereof in connection with the Services, does not and will not violate these Terms or
any applicable law, rule or regulation.
13. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas,
plans, notes, drawings, original or creative materials or other information, about Prisma or the Services
(“Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and
shall become the sole property of Prisma. We shall own, and you hereby assign to us, all right, title and
interest, including all intellectual property rights, in and to such Feedback and we shall be entitled to
the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. You agree to execute any documentation required
by us (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination
by, us of such Feedback.
14. Financial Material Disclosure
14.1. Forward-Looking Statements. The Services, and any documents issued by us and available
through the Services, may contain statements which constitute forward-looking statements within the
meaning of the United Kingdom. Forward-looking statements can be identified by the fact that they do
not relate strictly to historical or current facts. Those statements can be identified by the use of words
such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the
negative of these words. Forward-looking statements include statements made as to future operations,
costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment
systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and
projections. These forward-looking statements are based on our expectations as of the date such
forward-looking statements are made. Known and unknown internal and external risks and
uncertainties may cause the actual results to be materially different from those expressed in or implied
by the forward-looking statements.
14.2. Press Releases. The information contained within press releases issued by us should not be
deemed accurate or current except as of the date the release was posted. We have no intention of
updating, and specifically disclaim any duty to update, the information in the press releases. To the
extent any information therein is forward-looking, it is intended to fit within the safe harbor for forwardlooking statements, and is subject to material risk.
14.3. Third-Party Financial Information. We may provide links to third-party websites or services that
contain financial or investment information about us. Access to such websites and the information
contained therein is provided as service to those interested in the information. We neither regularly
monitor nor have control over the content of third parties’ statements or websites. Accordingly, we do
not endorse or adopt these websites or any information contained therein, including, without limitation,
analysts’ reports and stock quotes. We make no representations or warranties whatsoever regarding
the accuracy or completeness of the content, information, or opinions of third-party websites or other
third-party information that is identified on the Services. Users visit these websites and use the
information contained therein at their own risk.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless
Prisma and our affiliates, subsidiaries, independent contractors, service providers and consultants, and
our and their respective directors, officers, employees and agents (together with Prisma, the “Prisma
Parties”) from and against any and all actual or threatened suits, actions, proceedings (at law or in
equity), claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related
to (a) your use or misuse of the Services, (b) any User Content or Feedback you provide, (c) your
violation of these Terms, or (d) your violation of the rights of any third party. You agree to promptly
notify Prisma of any third party Claims, cooperate with the Prisma Parties in defending such Claims
and pay all fees, costs and expenses associated with defending such Claims (including, but not limited
to attorneys’ fees). You further agree the Prisma Parties will determine, at their sole option, whether to
have control of the defense or settlement of any third party Claims.
16. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE
MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE
CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES,
INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (C) WE DO
NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE SERVICES
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT
RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR
PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE
SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR
OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE,
YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES
FROM ANY DOWNLOAD.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PRISMA
PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS
TO OR USE OF THE SERVICES OR MATERIALS (INCLUDING BUT NOT LIMITED TO USER CONTENT
AND THIRD-PARTY CONTENT) OR OTHERWISE RELATED TO THESE TERMS (INCLUDING BUT NOT
LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL,
SUCH AS INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO THE PRISMA PARTIES’ RECORDS, PROGRAMS
OR SERVICES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF THE PRISMA PARTIES (JOINTLY), WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR
OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE
SERVICES, INCLUDING INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS CONTAINED
THEREIN, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF
THE SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION 19 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR
PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY THE SERVICES OR FOR THE
GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS
MISCONDUCT OF THE PRISMA PARTIES.
18. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not
intended to confer any right or benefit on any third party or to create any obligations to any such third
party.
19. Modifications to the Services
We reserve the right to change the Services and the Materials and to modify, suspend or discontinue
the Services or any features or functionality of the Services at any time without notice, obligation or
liability to you.
20. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION 20 CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAIN DISPUTES WITH PRISMA AND LIMITS THE MANNER IN WHICH YOU CAN
SEEK RELIEF FROM PRISMA.
20.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action
within the limited jurisdiction of a small claims court (a “Small Claims Action”) or seeks only injunctive
or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos,
trade secrets or patents (an “Intellectual Property Injunctive Action”), you and Prisma agree: (a) to waive
your and Prisma’s right to have any and all disputes arising from or connected to these Terms and/or
the Services (collectively, “Disputes”) resolved in a court; and (b) to waive your and Prisma’s right to a
jury trial. Instead, you and Prisma agree to arbitrate Disputes through binding arbitration (which is the
referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and
binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
20.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND PRISMA AGREE THAT
ANY AND ALL DISPUTES ARE PERSONAL TO YOU AND PRISMA, AND THAT DISPUTES WILL BE
RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A
CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
YOU AND PRISMA AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE
OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF
OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
20.3. Process. YOU AND PRISMA AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY
DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD
FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to Prisma shall be sent by certified mail or
courier to Prisma Dealers Ltd, 155A High Street, London, NW104TR. Your notice must include: (a) your
name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific
relief that you are seeking.. If you and Prisma cannot agree to resolve the Dispute within thirty (30) days
of Prisma receiving your notice, then either you or we may, as appropriate pursuant to this Section 20,
commence an arbitration proceeding, file an action to compel arbitration or, in the case of a Small
Claims Case or an Intellectual Property Injunctive Action, file a claim in court. YOU AND PRISMA
AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1)
YEAR AFTER THE DISPUTE ARISE; OTHERWISE, YOU AND PRISMA AGREE THAT THE CLAIM IS
PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO
ASSERT A CLAIM REGARDING THE DISPUTE).
21. Governing Law and Venue
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
UNITED KINGDOM, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU
AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE
TERMS SHALL BE FILED ONLY LOCATED IN UNITED KINGDOM (EXCEPT FOR SMALL CLAIMS
DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH
YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT
TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THESE TERMS
22. Termination
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to
terminate your license to use the Services, and to block or prevent future your access to and use of
the Services.
23. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions.