IMPORTANT LEGAL NOTICE
YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS WHEN GRANTED ACCESS TO THE LANTERN SITE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE SITE.
TERMS AND CONDITIONS (“Terms”)
Last Updated – 1 March 2018
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977 or The Consumer Protection Act 1987 or any amendments thereof or statutory additions thereto.
1.1 In these Terms the following expressions, shall have the following meanings (unless otherwise stated):
1.1.1 "Lantern" or "we" means Lantern Debt Recovery Services Limited which trades under the name Lantern (registered in England and Wales with company number 06637307 whose registered office is at Protection House, 83 Bradford Road, Stanningley, Pudsey, West Yorkshire, LS28 6AT) and "our" shall be construed accordingly.
1.1.2 "Information" means all or any part of the information and other content that is delivered through the Site;
1.1.3 "Services" means the online services provided by Lantern from the Site from time to time, including without limitation the following: Account Management, Personal Information Updates, Payment Plans, News and such additional services as Lantern may offer from the Site from time to time;
1.1.4 "Site" means the Lantern website located on the Internet at the URL https://lanternuk.com.
1.1.5 "User Guides" means any explanatory guides to the Services which are available on the Site; and
1.1.6 "you" or "User" means an individual, company, partnership or any other entity or organisation (whether or not having a separate legal personality) authorised by Lantern to use the Services in accordance with these Terms and "your" shall be construed accordingly..
1.2 In these Terms, the following general definitions shall apply:
1.2.1 the singular includes the plural and vice versa and any references to any gender include all other genders;
1.2.2 including means “including, without limitation;
1.2.3 the headings and punctuation are for convenience only and shall not affect interpretation.
2.1 These Terms set out the basis on which Users may access and use the Site and/or Services.
2.2 By accessing the Site and using the Services, you are deemed to have accepted these Terms.
2.3 Lantern may change these Terms and the functions or facilities of the Site and/or the Services from time to time. By continuing to use the Site you will be deemed to have accepted such changes. It is the responsibility of the User to check the Site from time to time to review the current applicable Terms.
3. USE AND RESTRICTIONS
3.1 Lantern grants you a worldwide, non-exclusive and non-transferable licence to access the Site and Services electronically and use the Information subject to these Terms. You may not grant a sub-licence of these rights to any other person or entity without Lantern’s prior written consent.
3.2 You may only access the Site and Services and use the Information for your own personal use.
3.3 The Information may not be reproduced other than when downloaded and viewed on a single computer terminal or printed out in hard copy form by you for your personal use only, provided always that any graphics and/or proprietary notices contained within the Information are not modified in any way. The Information is not to be made available on a network or otherwise reproduced, stored or transmitted to any other site or included in any public or private electronic retrieval system without Lantern’s prior written permission. All other rights are reserved.
3.4 You may not:
3.4.1 except as permitted under these Terms, alter, modify, copy, reverse engineer, perform, distribute, transmit, display, publish, licence, create derivative works from, transfer or sell any content, software, information, or products made available on the Site or by way of the Services;
3.4.2 use or permit third parties to use any device, software or routine in a way which interferes, or attempts to interfere, with the proper working of the Site and/or the Services;
3.4.3 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and/or the Services; or
3.4.4 post or transmit to or from this Site and/or the Services any material:
18.104.22.168 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
22.214.171.124 for which you have not obtained all necessary licences and/or approvals;
126.96.36.199 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or;
188.8.131.52 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.4.5 Lantern may terminate your access (temporarily or permanently) to all or any part of the Site and/or the Services immediately without notice if you are in breach of any of these Terms.
4. SERVICES AND ACCESS
4.1 The Services are provided from the Site which is a secure web portal operated by Lantern. Lantern may at any time modify and/or withdraw the Services.
4.2 Whilst Lantern will use all reasonable skill and care in providing the Services and the Information and making them available for access from the Site, you acknowledge that access to them may not be uninterrupted and that the Information may not be error free and reception could be subject to delays as a result of routine or emergency maintenance, failures attributable to your computer equipment or network and circumstances beyond Lantern’s reasonable control, including without limitation failure of telecommunications links, power and utilities failure and the fact that the Services are being provided by means of the public Internet.
5. USER NAMES AND PASSWORDS
5.1 You may only access the Services if you have registered and been allocated a username and password. You acknowledge and accept that instructions and actions transmitted via the Site will be deemed to have originated from you if the correct username or password have been used.
5.2 You may not share your username and password with any other person. Lantern reserves the right to reset passwords and/or issue new usernames at any time upon notice to you.
5.3 You may not disclose any password to any person but shall keep it secret at all times.
5.4 You will notify Lantern if you know or suspect that any other person has become aware of your username and/or password.
5.5 Responsibility for the security of usernames and passwords issued rests with you.
6. MAKING PAYMENTS
6.1 The Site and Services include links that allow you to leave our Site and visit third party websites in order to make a payment. We have no control over those websites, so we are not responsible for the content, use by you or availability of those third party websites, for any payments you make through those websites or for the treatment of any personal information you provide to the third party.
6.2 Payments you make will generally be reflected on your account within two working days;
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights in the Site, the Services and the Information including without limitation the design, text, graphics, know-how, and selection and arrangement thereof, the User Guides and all software compilations, source code, software and databases contained with the Site and/or the Services are owned or validly licensed to Lantern and the User acquires no rights in them.
7.2 Lantern is the owner of or has the right to provide the Information through the Site. You will not acquire any intellectual property rights in the Site, Services or the Information. Any infringement by you of Lantern's rights may result in legal action.
The Site permits Lantern and Users to transmit, display, publish and share information including confidential information. You will take all necessary precautions to ensure that such information is kept confidential. This does not apply to any information which is or becomes public knowledge, other than by breach of this clause, or is required to be disclosed by law.
- WARRANTIES, LIABILITY AND INDEMNITY
9.1 Whilst Lantern endeavours to ensure that the Information is correct, Lantern does not warrant its accuracy and completeness or that it will be error-free. Lantern will endeavour to correct errors and omissions as soon as practicable after becoming aware of them but does not accept liability for them.
9.2 Lantern does not warrant that the Site or the Services will operate without errors or computer viruses. Lantern will not be liable for any data lost or any equipment or software replaced by you as a result of accessing the Site and using the Services.
9.3 The Site, Services and Information are provided to you "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, Lantern excludes all representations, warranties, conditions and other terms whether express or implied by statute, common law or otherwise.
9.4 Lantern does not limit its liability to you for death and personal injury caused by its negligence nor shall these Terms be construed so as to impose any limitation or exclusion of liability that is expressly prohibited by law. For the avoidance of doubt and subject to the above, Lantern shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
9.4.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
9.4.2 any loss or corruption (whether direct or indirect) of Data or information (other than as is provided in the Privacy and Data Protection Requirements);
9.4.3 loss (whether direct or indirect) of anticipated savings or wasted expenditure; or
9.4.4 any loss or liability (whether direct or indirect) under or in relation to any other contract.
9.5 In no event shall Lantern be liable to you for any indirect, special, incidental or punitive or consequential losses or damages (including third party claims, loss of profits, revenue or goodwill) suffered by you or any third party howsoever caused, including any loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Site, Services and/or Information (including any errors, inaccuracies or omissions in the Information or any faults, interruptions or delay in connection with the Site and/or Services) or any transaction made in reliance on the Information or in connection with the Services.
9.6 You will indemnify Lantern against any loss, damage or expense incurred by Lantern arising out of your misuse of the Site, Services and/or Information.
Lantern may terminate your access to the Site, Services and/or Information immediately without notice if you are in breach of any of these Terms.
These Terms shall be governed by and construed in accordance with English law and the Parties submit to the exclusive jurisdiction of the English Courts.
13. NO WAIVER
No delay, failure or omission on the part of either Party in enforcing or exercising any right, claim or remedy under these Terms shall constitute a waiver of such right, claim or remedy (or any other right, claim or remedy) and shall not operate so as to bar the enforcement or exercise of such right, claim or remedy at any time thereafter.
14. RIGHTS OF THIRD PARTIES
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15. ENTIRE AGREEMENT
These Terms and any amendments entered into by the Parties pursuant to these Terms, constitutes the entire agreement between the Parties and supersedes any previous Terms or arrangement between the Parties relating to the Services.
16. INTERNET POLICY
We will send correspondence by email but at the present time, the Internet is unregulated. This means:
16.1 We cannot guarantee that information given and received over the Internet will not be read and received by third parties
16.2 There is also no reliable method of guaranteeing emails sent either by you or by us will be received, will arrive at a given time or will arrive at an email box accessible by someone other than the named recipient. If an email is urgent you should telephone to confirm receipt.
16.3 There is no guarantee that the sender of the email is genuine, as the path of the email cannot be audited.
16.4 You should be aware that emails, which contain attachments, may contain viruses. The following disclaimer and warning is attached to all Lantern emails. Please read this carefully:
"The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact Lantern on 0113 887 6876 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither Lantern nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments.
Lantern is registered in England and Wales (registered number 06637307) with its registered office at Protection House, 83 Bradford Road, Stanningley, Pudsey, West Yorkshire, LS28 6AT.
16.5 All emails have the same legal effect as a letter or fax and we will act on your instructions received by email. By adding your email address and signing the declaration contained in the questionnaire you are accepting the risks and authorising us to correspond with you by email.
16.6 Lantern maintains compulsory professional indemnity insurance, details of which are available for inspection at our registered office.
Lantern Debt Recovery Services Limited
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