(which definition shall also include any person, firm
or organisation providing financial or credit data or information to us)
provide financial information services ("Services" - which definition shall also include
this Web site and all the information and data provided to you via this Web site) to you
subject to the following notices, terms and conditions ("Terms")
BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED
ALL OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
We reserve the right to modify all or
any part of these Terms or make changes to the Services or to withdraw the Services or any
part of them at any time at its own discretion and without notice to you.
It is therefore recommended that you revisit these Terms
regularly so that you are aware of the Terms in force at any particular time. You will be
deemed to be bound by those Terms prevailing at each time that you use the Services and
each such use shall be a separate, discrete transaction based on the then prevailing
Any service messages which may occasionally be published
(other than price and product revisions) and any statements or timings provided by any
staff or help menu are intended for informal guidance only and do not form part of your
contract with us.
Warranties, Liability and Disclaimers
Your use of this Web site is at your own risk. We do not
represent or warrant that the contents of our Web site are accurate, complete, useful,
up-to-date or accessible although we have endeavoured to ensure that the content of the
Web site is correct at time of publication. This Web site is not intended to be for your
specific needs. We do not accept any liability for the contents of the Web site or its
accessibility. You should verify the accuracy of any information before you act upon it.
By showing links to other Web sites we do not give any approval or endorsement and we
accepts no liability for loss arising from your following such links or using any service.
We do not have any liability to you arising out of your use of this Web site.
We provide the Services to you on
an "as is" basis. We have made efforts to ensure that the
information contained in the Services is accurate but does not give any warranty,
guarantee or other term or representation of any kind, either express or implied, as to
the completeness or accuracy of any such information or the credit worthiness or otherwise
of any person, firm, company or other organisation referred to in the Services.
All material provided through the Services is for
informational purposes only and must not be interpreted as an endorsement or otherwise of
any specific person, firm, company or other organisation by us. The
information obtained from the Service should be interpreted in accordance with the
definitions and explanations of terms which are provided in "FAQ Section and
Glossary" available from the Help Menu. The Services are intended to provide one
source of information; you should not rely exclusively on the Services but should make
your own independent enquiry. In entering into any contract or other arrangement with any
person, firm, company or other organisation referred to in the Services, you warrant that
the you have taken all such steps as you shall consider necessary or appropriate to verify
the credit worthiness or otherwise of such person, firm, company or other organisation.
You are advised to exercise the standard of care in selecting or contacting any person,
firm, company or other organisation from the Services as would be appropriate in selecting
or contacting any other person, firm, company or other organisation with whom you have not
previously dealt. The Services neither offer nor purport to offer any advice on any
subject, and nothing contained in the Services is intended to be given or taken as advice
on any subject.
The Services shall be provided in such manner at
such times and in such places as we shall from time to time in its
absolute discretion determine. We reserve the right to modify, alter the nature
of or discontinue the Services or any part of the Services without notice.
We shall not be liable for any
typographical or other errors or omissions in the Services.
Except as may be specifically stated herein, to the
fullest extent permitted by applicable law, in no event shall we, nor any
of its directors, employees or other representatives be liable for any damages, loss or
claim of any kind howsoever arising out of or in connection with the use of the Services
including (without limitation) compensatory, direct or indirect, special, punitive,
consequential or exemplary damages, lost profits, lost sales or business, lost data or
inability to use data, loss of or damage to property and claims of third parties
irrespective of whether we or any of its directors, employees or other
representatives has been informed of, knew of, or should have known of the likelihood of
such damages. This limitation applies to all causes of action including (without
limitation) breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts, although we does not seek to limit its
liability for death or personal injury caused by their negligence.
If we’s limitation of liability
set out in this agreement shall for any reason whatever be held unenforceable or
inapplicable in whole or in part, or in the event that a judgment is awarded against
we arising out of your use of the Services (other than in the case of
death or personal injury) you hereby agree that we’s entire
liability to you or anyone claiming through you, whether in tort or contract, arising out
of any one incident or series of connected incidents shall in any event not exceed 2,000
GBP in aggregate or three times the cost of all Reports you have purchased from Credit
Check Report in the 12 months preceding the date of any claim, whichever is the higher.
By their very nature, some of the facts or opinions
you receive from the Services may be open to dispute, particularly by the subject company
or its directors, or considered damaging or defamatory. If you breach any of the terms set
out in these Terms and Conditions relating to the use of or dissemination of information
from the Services, you agree to indemnify in full we against all
liabilities, claims, costs and expenses which they may incur as a result.
Restrictions on Use of the Services
You confirm that you are registered under the Data
Protection Act 1998 for the purposes of accessing and holding information about
individuals for the purposes of assessing credit worthiness. You confirm that in
accordance with the requirements of the Data Protection Act 1998, if the subject of your
search is not a Limited company, it is your standard practice to notify the subject
as to the purpose of the search and to obtain the subject's consent to a search being
carried out with a credit reference agency which will keep a record of that search and
will share information with other businesses. This includes any occasions when you may be
making enquiries about the principal directors of a Limited company with a credit
reference agency. You understand and agree that if at any time your Data Protection
registration is allowed to lapse or is discontinued that you shall not access or attempt
to access personal data from this or any other we service.
We may make a search with a credit reference agency,
which will keep a record of that search and will share the information with other
businesses. We may also make enquiries about the principal directors with a credit
You are entitled to use the information on the Services
for your own private personal use only. You may electronically copy and print in hard copy
portions of the Services solely for your own private personal use. You may not use the
Services or any part or copy of the Services for any commercial purposes. Any use or
reproduction of the Services or any part of the Services (other than private personal
use), or any modification, distribution, communication or republication of the Services or
any part of the Services without the prior written permission of we is
The data, information and material contained in the
Services, all Web site design, text and graphics and the selection and arrangement thereof
and all software used to operate the Services and the trademarks, logos and other
intellectual property used in connection with the Services are the property of Credit
Check Report. No licence of any such intellectual property rights is granted to you as a
result of your use of the Services. Other product and company names mentioned in the
information provided in the Services may be the trademarks of their respective owners.
This agreement constitutes the entire agreement and
understanding between we and you. It supersedes any previous agreement or
understanding and may not be varied except in writing between us. All other terms and
conditions, express or implied by statute or otherwise, are excluded to the fullest extent
permitted by law.
Any notice required or permitted to be given by either
party to the other under these Terms shall be in writing addressed to the other party at
its registered office or principal place of business or such other address as may at the
relevant time have been notified pursuant to this provision to the party giving the
No failure or delay by either party in exercising any of
its rights under this agreement shall be deemed to be a waiver of that right, and no
waiver by either party of any breach of this agreement by the other shall be considered as
a waiver of any subsequent breach of the same or any other provision.
If any provision of this agreement is held by any
competent authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of this agreement and the remainder of the provision in question
shall not be affected.
Any dispute arising under or in connection with this
agreement or the Services shall be referred to arbitration by a single arbitrator
appointed by agreement or (in default) nominated on the application of either party by the
President for the time being of The British Computer Society in accordance with the rules
of The British Computer Society.
This Agreement shall be governed and construed in all
respects in accordance with English law and the parties irrevocably agree to submit to the
sole and exclusive jurisdiction of the English Courts. The Services are not directed at
people in any other country and should not be relied upon by people of any country other
than the United Kingdom. You are responsible for compliance with the laws of your local
jurisdiction regarding the use of the Services.