End User

General

1. Prommt is a trading name of Little Pond Ltd, a company registered under the laws of Ireland.
2. Prommt is a cloud based platform which is licenced by Registered Merchants to enable “Registered Merchants” to collect monies online and on smart phones. The Prommt income collection system is operated and controlled by the Registered Merchants.
3. Access to and use of this website and the services available through this website (collectively, the “Services”) are subject to the following terms and conditions. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions of Service.
4. In these Terms and Conditions, the following definitions shall apply:
   “You/User” means any person, firm or company who makes a Payment directly to a Registered Merchant via the Prommt website.
5. “Registered Merchants” are any businesses which register with Prommt and any other natural or legal persons using this website for any reason, and any of their or its employees, consultants and authorised agents who may use the Prommt website.
6. Registered Merchants can join Prommt at the absolute discretion of Prommt. Businesses who upon investigation are deemed to be eligible will be allowed to register on the site. Registered Merchants are also bound by our Merchant Terms and Conditions.
7. Prommt reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
8. In this instance your contract will be with the Registered Merchant and as such the Registered Merchant will be responsible for providing the service and all queries should be referred to the Registered Merchant.
9. Prommt shall not have any responsibility for or liability in connection with the activities of any Registered Merchants registered with this Website.
10. “Website” means the website www.Prommt.com. This website provides an online platform where payments can be made by the user to Registered Merchants.
11. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
12. This Website also contains links to other websites, which are not operated by the Registered Merchant or Prommt (the “Linked Sites”). Neither the Registered Merchant nor Prommt has any control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Payments

Prommt will make every effort to keep users’ data secure. Prommt will never pass users details on to a third party without users’ consent. Registered Merchants agree to uphold the security of users’ data in line with the Prommt privacy guidelines outlined in the Prommt privacy policy. The Prommt privacy statement which sets out how Prommt use your information, can be found in our Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

1. Access
   Registered Merchants upload data to the Prommt system via a secure website. Registered Merchants agree to keep passwords secure. Registered Merchants have a unique identity and they access data via a user name and password.
2. Contact
   Registered Merchants will contact users via SMS, email and other format messages. The messages inform the users of information including a payment request with a link to a payment form where the users can fill in their payment card details and complete payment to the Registered Merchant.
3. Users Experience
   The user will click on a link to open a secure web page where the payment request details are displayed. These details include the Registered Merchant, the User’s name, Order Details and the amount requested. The page also enables the user input their credit or debit card details to complete the payment.
4. The user verifies the details and clicks PAY NOW.
5. Refunds
   The user can contact Registered Merchants directly to organise a full refund. Prommt work directly with Registered Merchants on all issues relating to payments and refunds.
6. Users
   1. In order to contract with Prommt you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Prommt retains the right to refuse any request made by you.
   2. Users hereby acknowledge that Prommt has no control over the use of Payments which are made to Registered Merchants. Prommt takes no responsibility for users’ dissatisfaction with the use of Payment to any Registered Merchant.If users are dissatisfied with the use of Payment users may contact the Registered Merchant directly.

Prohibitions

1. You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Prommt will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

1. The intellectual property rights in all software and content made available to you on or through this Website remains the property of Prommt or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Prommt and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
2. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Prommt. Prommt is a trade mark belonging to Prommt. No licence or consent is granted to you to use this mark in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Prommt.

Disclaimer of Liability

1. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Prommt and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Prommt’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Ownership of trademarks and third party copyright

1. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Prommt and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Prommt.

Indemnity

1. You agree to indemnify, defend and hold harmless Prommt, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

1. Prommt shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

1. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

Waiver

1. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

1. These terms and conditions are to be construed in accordance with the laws of Ireland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement

1. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Prommt. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Prommt.