Welcome to papayadash.com
Papaya Technologies Ltd owns and operates papaydash.com (also referred to as the ‘Sites’) on behalf of Papaya Technologies Ltd (together ‘we’ or ‘us’ or “Papaya”) would ask that you take the time to read these Terms and Conditions carefully. They explain numerous things including, for example, the rules covering your use of the Sites as well as other information regarding your rights. By using https://papayadash.com/login, you’ll be confirming that you have read and understood and agreed to these Terms and Conditions. These Terms and Conditions may change from time to time and, if they do, the up-to-date version will always be available on the Papayadash.com website. We will indicate at the top of these Terms and Conditions when they were last updated.
Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made, because by continuing to use the Sites after these Terms and Conditions have changed, you will confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.
Your Information and Privacy
For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy, please see our Privacy Policy, which includes information on how we use cookies on the Sites.
Conduct
You agree (i) not to use the Sites to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt the Sites or any networks connected to the Sites; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Sites or any transactions being offered at the Sites; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Papaya’s infrastructure; (v) not to use the Sites to collect or harvest personal information, including, without limitation, financial information, about other participants at the Sites; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Sites. You agree not to use the services available at the Sites for illegal purposes. You agree to comply with all regulations, policies, and procedures of networks connected to the Sites.
Intellectual Property
All information and material including data, images, text, and audio on the Sites is the property of Papaya and/or its licensors and is subject to copyright. All trademarks on the Sites are the property of Papaya and/or its licensors. You are entitled to view, copy and print any documents from the Sites but only for your own internal business purposes. Any sale, transmission or redistribution of the Sites or their content, and any copying, modification or other use of the Sites or their contents for any purposes other than your own internal business purposes, are strictly prohibited.
Software
All software used on the Sites is the property of Papaya or its software suppliers. Papaya hereby grants you a non-exclusive, royalty-free, non-transferable, revocable licence to use the software it owns solely for the purposes of being able to use the Sites to access our products and services. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
Links
You further acknowledge and agree that Papaya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any of the Sites. If you decide to access any of the third party sites linked to the Sites, you do this entirely at your own risk.
No Warranties
Without limiting the foregoing, Papaya does not make any warranty that (i) the services offered on the Sites will meet your requirements, (ii) the services offered on the Sites will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on the Sites is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Papaya or through the Sites shall create any warranty not expressly made herein.
Limited Liability
Whether you’re a consumer or a business user:
We don’t exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you. We’ll set these out in our Service Agreement.
If you’re a business user:
We exclude all implied conditions, warranties, representations, or other terms that may apply to the Sites or any content on any of the Sites.
Papaya will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Sites or the use of or reliance of any content of the Sites.
In particular, we won’t be liable for loss of business, profits, sales or revenue, loss of use or of data, interruption of business, loss of goodwill or reputation, indirect, or consequential damages of any kind even if we’ve been advised of the possibility of such loss and whether or not we had any knowledge, actual or constructive, that such damages might be incurred.
This exclusion includes, without limitation, any liability that may arise out of third-party claims against you.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services provided on the Sites or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Nothing in this agreement excludes a party's liability for death or personal injury caused by negligence.
Monitoring
You acknowledge that Papaya or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Sites. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of the Sites, authorised or unauthorised, constitutes consent to such monitoring. For more information, please our Privacy Policies, which includes our policy on cookies.
Provision of Data
In order to participate in the services offered at the Sites, you must provide certain current, complete, and accurate information about you as prompted to do so by our online forms. We process any personal information that you supply to us via our online forms in line with our Privacy Policies, in which includes our policy on cookies.
Accessibility
If you have trouble using our Sites with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us on the details below. These Terms and Conditions can also be made available in a larger print, should you require it. We appreciate your feedback and your suggestions will help us to improve our service to you.
Termination
You agree that Papaya may, in its sole discretion, deny you access to the Sites and disable any username and password associated with you for any reason, including, without limitation, if Papaya believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of these terms. Papaya reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under the Sites (or any part thereof) with or without notice. You agree that Papaya shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Sites.
General
The Sites are created and controlled by Papaya in the United Kingdom and the laws of England and Wales govern these terms and you and Papaya Ltd agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Papaya reserves the right to make changes to this Site and this agreement at any time.
Papaya reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Papaya may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Papaya receives complaints from users of the Site regarding listed services.
Your Password
You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username or password. You agree to (i) immediately notify Papaya of any unauthorised use of your username or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.
Payments
Where Papaya takes your bank account/credit card payment details for the payment of financial services/insurance, we only do so with your authorisation. Wherever we do this, we use 128-bit encryption, as well as SSL certificates when transmitting payment data to our payment providers in order to protect your data. Papaya might change our payment providers to ones that we consider suitable at any time. Papaya will only use payment providers who comply with data protection legislation and hold your details in as secure a manner as possible. Papaya does not hold your payment details directly on our systems, although we are able to securely reference these details directly with the payment provider.
Contact us
If you have any queries, comments or complaints regarding the Site of these Terms and Conditions, just get in touch at privacy@papayadash.com
Introduction - your agreement with us
We are Papaya Technologies Limited (“Papaya”), a company incorporated and registered in England and Wales with company number 13894704 whose registered address is at Studio 304, 3rd Floor Mare Street Studios, 203-213 Mare Street, Hackney, London, England, E8 3JS
These terms apply where you access the marketplace services hosted on the website (https://papayadash.com) (the “Website”). The reference to Website in these terms refer to both the website, the dashboard platform and app hosted on the same URL. The marketplace services are not intended to be provided to consumers.
Any use or other access to the Website and the marketplace services will, in addition to these specific terms, be governed by our terms of use and privacy policy.
Definitions used in this Agreement are at the end of these terms and conditions.
Marketplace Services
Papaya offers the marketplace services in order to facilitate the introduction between purchasers and suppliers of goods and services that are relevant to fleet operators.
It is understood that the services provided by Papaya are limited to the provision of the Website and the services provided by the Website. Papaya does not directly provide, nor is it liable for, any goods or services that are provided by third party service providers via or through the Website, including the marketplace.
Papaya provides a platform that is intended to enable Fleet Managers to connect with and/or communicate with Service Providers and to provide details of products and services, including pricing, specification and other key terms for the procurement of such goods and services. Papaya does not provide any of these goods or services itself, on its account or as agent for any Service Provider. All services provided by such third parties are subject to the terms and conditions and direct contractual relationships between the user and the third party as agreed between such parties. Papaya is not responsible for any delay, damage, injury or otherwise, to the maximum extent permitted by law, that may result from a failure, delay, omission or otherwise of a third party Service Provider towards any user of the marketplace. All users agree that they are responsible for ensuring there is an adequate contract in place between them and their respective partners for the provision of any underlying work, services, goods or otherwise either through the website or otherwise. Furthermore, any dispute or complaint following completion of the Services or delivery of the Goods should be direct with the Supplier and not with Papaya.
It is understood that by requesting services via the Website for marketplace services you will need to submit certain details about yourself and your request for goods and services, you hereby agree that Papaya may share such information and data with third party Service Providers to the extent necessary to enable the provision of marketplace services and to allow such Service Providers to enter into separate agreements with you.
Standard price guarantee: By adding products and services to the Marketplace, you agree that products and services listed will be at the standard price you offer to your customers outside of the marketplace, all other things being equal.
Use of the Papaya Vehicle Management System (VMS) after using the Marketplace: you agree that by completing a sale on the Marketplace or a sale initiated from a Marketplace lead that you will use the Papaya VMS to manage the after-sales processes for vehicles or services sold via the marketplace, enabling fleet operators to manage their interactions on Papaya. The use of the VMS can be done directly on the Papaya platform or via an API integration. This applies in the cases when the buyer is using Papaya and requires any interactions with the seller (service provider).
Commission: Unless otherwise agreed in writing between us, Papaya has the right to charge you a commission for a sale initiated or completed via the Marketplace. The commission will be calculated from the total annual recurring amount or the total sale value in the circumstance of a complete sale. Additionally, Papaya reserves the right to add a flat fee or a commission for leads generated from the Marketplace for you. The level of commission is set out in the Marketplace Service Agreement.
Intellectual Property Rights
Any Service Provider who uses the marketplace services, hereby grants an irrevocable non-exclusive worldwide licence to Papaya in relation to all content, images, specifications (“Materials”) of any goods and services offered through the Website, for the purposes of allowing Papaya to use such Materials in its marketplace services offering and any advertising relating thereto.
Definitions
In these terms and conditions:
“Fleet Manager” means an operator of a fleet, who signs up for use of the Platform;
“Service Provider” means a third party Service Provider who provides services to Fleet Managers and uses the Platform to communicate with Fleet Managers;
“Website” means the website (https://papayadash.com) and/or use the dashboard application hosted on the same URL (the “Website”).The reference to Website in these terms refer to both the website, the dashboard platform and app hosted on the same URL
