These Terms set out the contract (Contract) between us for the sale to you of our Checks. Please read these Terms carefully and make sure that you understand them, before ordering any Checks from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Checks from our site.
We recommend that you print a copy of these Terms for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Checks, please review these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on in April 2015.
- To cancel a Contract in accordance with your legal right to do so (as described in more detail below), you just need to let us know that you have decided to cancel. The easiest way to do this is to complete a cancellation form (a copy of which is set out at the end of these terms) and send the completed form to us. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0333 772 0787. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 0333 772 0787 or by e-mailing us at firstname.lastname@example.org. We will acknowledge our receipt of complaints within 10 working days of our receipt of such complaint and we will endeavour to respond to such complaint no later than 28 working days after receiving it.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business . You may contact us by telephoning our customer service team on 0333 772 0787 or by e-mailing us at email@example.com We will acknowledge our receipt of complaints within 10 working days of our receipt of such complaint and we will endeavour to respond to such complaint no later than 28 working days after receiving it. If you wish to give us formal notice of any matter in accordance with these Terms, please see the details provided in Other Important Terms below.
The descriptions of our services on our site are for illustrative purposes only. We have made every effort to describe our Checks and services accurately but we cannot guarantee that the content of the reports, that are delivered at the conclusion of our Checks or any other services, will not vary slightly from those descriptions.
This section only applies if you are a consumer.
The nature of our services and the consents required under these terms mean that, if you are a consumer, you may only purchase services from our site if you are at least 18 years old.
This clause section only applies if you are a business customer.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Checks.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
Unless otherwise indicated, you may purchase our services via our shopping pages, which will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, we will acknowledge receipt of your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail or other communication in which we will confirm that the Checks have been ordered by you and that we accept such order ( Order Confirmation ). The Contract between us will only be formed when we send you such Order Confirmation. Delivery will be as described in the Delivery section below.
If we are unable to supply you with a Check, for example because those Checks have recently become unavailable or because of an error in the price on our site as referred to in the Price of Checks and Delivery Charges section below, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Checks, we will refund you the full amount including any delivery costs charged as soon as possible.
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Checks from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or other similarly necessary circumstances.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of all the affected Checks or just the Checks you have yet to receive. If you opt to cancel, we will arrange a full refund of the price you have paid, including any postage charges, for services not yet delivered.
This section only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which provides the following rights to you:
A 14 day cancellation period shall apply from the day when the Contract is formed (as described below).
During the 14 day cancellation period, if you change your mind or decide for any other reason that you do not want to receive those Checks, you can notify us of your decision to cancel the Contract for those Checks and you will receive a refund. For this reason, we will not provide the services ordered until the expiry of the cancellation period.
You have the right to request that we start work sooner. If you want us to start work before the expiry of your cancellation period, you must notify us of this in writing (which can be via email) or via our online order-forms. (For example, where online order forms are provided on our site, they might contain a box marked “I need my Checks as soon as possible – please start work immediately” and, if you tick such box, we will start work straight away after confirming acceptance of your order). If you do this, your right to cancel and receive a refund will be affected as soon as we start work on those Checks for you. This means that, if you subsequently cancel the order, we shall be entitled to retain a sum that is proportional to the amount of work that we performed up until the time that you effectively cancelled the Contract for those Checks. This may mean that you will not be refunded for amounts equal to the costs we have incurred to suppliers.
More information about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your legal right to cancel a Contract starts from the date of the Order Confirmation (i.e. the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete a cancellation form, as described in clause 1.2 above. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us or contact our Customer Services team by telephone, as described in clause 1.2 above. If you are e-mailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.
If you cancel your Contract:
- Subject to the terms above regarding partial refunds in relation to services started, at your request, during the cancellation period, we will refund you the price you paid for the cancelled Checks.
- We will refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Check within 3-5 days at one cost but you choose to have the Check delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
- We will make any refunds due to you as soon as possible and in any event within 14 days of you informing us of your decision to cancel in accordance with the cancellation process of this Contract.
If you wish to return the report that we produced, after carrying out a Check for you, because it is faulty or mis-described, we will refund the price of the Check in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Where a hard copy report needs to be returned, you can either send it back, or hand it to our authorised carrier. Please see the Contact Us page on our site and contact us for details of our returns address, for information about our authorised carrier and for how to arrange a return.
We will refund you via whichever method that you used to pay for the service.
Because you are a consumer, we are under a legal duty to supply our services that conform with this Contract, which includes the information provided on our site. As a consumer, you have legal rights in relation to services that are not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. As noted above, more information about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your right to cancel and receive a refund if you are a business customer
This section only applies if you are a business customer.
We always endeavour to deliver our services in accordance with these terms and if, for any reason, you are not satisfied with the services delivered by us or if you need to cancel an order that you’ve placed, please contact us promptly.
After confirming your order, we will provide you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See the Events Outside Our Control clause below for our responsibilities when this happens.
If we are providing hard copy reports to you and no one is available at your address to take delivery, we will leave you a note that the Checks have been returned to our premises, in which case, please contact us to rearrange delivery.
Delivery of an order shall be completed when we have carried out the Checks ordered and delivered the resulting report to you via whichever of the following methods occurs soonest – delivery of either a soft copy or hard copy report to the email address or other relevant address that you gave us or you, or a carrier organised by you, collect the hard copy report from us.
The remainder of this section only applies if you are a consumer.
If you are a consumer and we miss the delivery deadline for any Checks then you may cancel your order straight away if any of the following apply:
- we have refused to deliver the Checks;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you are a consumer and you do not wish to cancel your order straight away, or do not have the right to do so under the clause above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you are a consumer and you do choose to cancel your order for late delivery under the clauses above, you can do so for just some of the Checks or all of them. After you cancel your Order we will refund any sums you have paid to us for services not yet received.
Unfortunately, we do not delivery hard copy reports or any other hard copy materials to addresses outside the UK unless otherwise agreed by us in writing.
If and to the extent that hard copy reports are available in relation to a service ordered by you, you may place an order for such hard copies from outside the UK, but this order must be for delivery to an address in the UK unless otherwise agreed by us.
The prices of the Checks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Checks are correct at the time when the relevant information was entered onto the system. However please see clause 1.44 below for what happens if we discover an error in the price of Check(s) you ordered.
Prices for our Checks may change from time to time, but changes will not affect any order you have already placed.
The price of a Check does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please contact us.
From time to time, our site may offer a wide range of different Checks. It is always possible that, despite our reasonable efforts, some of the Checks listed on our site may be incorrectly priced. If we discover an error in the price of the Checks you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Check at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Checks to you at the incorrect (lower) price.
You can only pay for Checks using a suitable debit card or credit card or, from time to time, via another method (for example, PayPal), which will be made obvious on our site when applicable. Payment for the Checks and all applicable delivery charges is required in advance. Unless otherwise notified to you, we will not charge your debit card or credit card (or your other payment method, if applicable) until we dispatch your order.
When we have received payment in full, including all applicable delivery charges (if any) and when the reports that we provide upon completion of the Checks have been delivered to you, you shall have a revocable, transferable, non-exclusive licence to use such report(s) (not including our trademarks or logos), solely to review and confirm information that is covered by the Check (the Purpose ). Furthermore, by accepting delivery of a report, you acknowledge and agree that you shall not, and you shall not authorise or permit anyone else (including, without limitation, your employees, agents or related organisations) to: (i) copy all or any portion of that information other than as is reasonably required for the Purpose and/ or (ii) create any derivative works using our report.
The information provided to you by us in our delivery of our services and in the reports that we provide upon the completion of the Checks is, unless clearly marked to the contrary, confidential and you shall not use it other than for the Purpose and in accordance with these Terms. In addition, you shall not disclose it to any third party including to the person or company that is the subject of such information, unless legal required to do so, and you shall use your best endeavours to prevent the publication or disclosure of it. This confidentiality obligations do not apply to:
- any use or disclosure authorised by us or required by law; or
- any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
The information provided to you by us in our delivery of our services and in may also contain personal data (including “sensitive personal data”) that is subject to applicable data protection legislation. You acknowledge and agree that you shall store and process such data only in accordance with applicable laws and that you shall refrain from doing anything that will cause us to be in breach of our legal obligations regarding such personal data.
Guarantees from our suppliers
Some of the Checks we provide to you might come with warranties and guarantees from the suppliers of such Checks. For more information about such guarantees, please refer to the details provided with those Checks.
If you are a consumer, any such guarantee is in addition to, and does not affect, your legal rights in relation to Checks that are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Except where the risk of inaccuracies is notified to you when you place your order, for Checks which do not come with a guarantee from the supplier, we provide a warranty that, at the time that such Check is completed, it shall be free from material inaccuracies. However, this warranty does not apply in the circumstances described in clause 1.48 below.
The warranty in clause1.47 above does not apply to any defect in the Checks arising from:
- wilfully, accidentally or negligently inaccurate or unauthorised information provided by you or by any third party;
- you failing unreasonably to order the correct Checks despite the descriptions and instructions provided on our site;
- any alteration to the content of our Checks by you or by a third party who is not authorised by us; or
- a particular specification, requested by you, which we had advised you could reasonably result in such inaccuracy or other defect.
If you are a consumer, the warranty set out above is in addition to, and does not affect, your legal rights in relation to Checks that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
This section only applies if you are a business customer.
We only supply the Checks for internal use by your business, and you agree not to use the Check for any resale purposes.
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) (if applicable); or
- defective services under the Consumer Protection Act 1987 (if applicable).
Subject to the exceptions listed above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to the exclusions listed above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of either an amount equal to the price paid by you to us for the relevant Check or £50.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to our services or the content of the Checks. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Checks are suitable for your purposes.
This section only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence and we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the Checks to you for domestic and private use. You agree not to use the Check for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective services under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or any delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks including the internet.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Checks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel in these circumstances, we will refund the price you have paid, for the services not yet begun for you.
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you are a consumer you may contact us as described in clause1.2 above.
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that no delivery failure notification was issued.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer , please note that these Terms are governed by English law. This means that a Contract for our services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business , a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business , we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
To: iCheck247 Ltd
I/We [*] hereby give notice that I/We [*] cancel my/our [*] order and the applicable contract for the supply of the following Checks:
[Order reference no: ]
Ordered on [ ] received on [ ]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate.