T&Cs
These terms and conditions (“Terms and Conditions”) govern your use of this website (“Website”) operated by CheckRisk LLP. In the Terms and Conditions, CheckRisk is referred to as “the Company” or “CheckRisk”.
By using this Website and its services you will be bound by these Terms and Conditions and the Company’s privacy policy (“Privacy Policy”). If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this Website or any service provided via it.
1. Introduction
1.1 Welcome to CheckRisk. These terms and conditions apply to the services available from the domain and sub-domains of [check-risk.com] (“Services”) together with the Independence Statement and Disclaimer.
1.2 For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on the Website or by direct communication to you unless otherwise noted.
1.3 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
2. Your Use of this Website
2.1 You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
2.2 The Company will try to ensure that the information the Company provides on this Website is true, accurate and complete. However, the Company is not in any way responsible if it is not. You should exercise no lesser degree of caution in appraising what you see on this Website than you should do offline. The Company advises that you seek professional advice before relying on any information on this Website. Please refer to the Company’s Disclaimer.
2.3 When using this Website, you must not do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
(c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
(d) upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
(e) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(f) falsify the origin or source of software or other material contained in a file that is uploaded;
(g) advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
(h) download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
2.4 If you are registering with the Company as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
3. Registration
3.1 You will need to register to become a subscriber of this Website (“Subscriber”) if you wish to access the Services via this Website, and continued subscription is subject to the Company’s annual charges set out.
3.2 To register to become a Subscriber you must provide the Company with information about you via the Company’s registration form [insert link to registration form]. The Company’s use of this information is set out in the Company’s privacy policy.
3.3 You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not, the Company has the right to cancel your subscription and refuse any and all current or future use of this Website.
3.4 3.4 Once you have submitted the registration form to the Company, the Company will ask you to confirm your email address. Once your email is accepted as a registered user of the Website, you need to define a unique username and password. Once you have confirmed the unique email address, username and password you are registered and will be emailed to confirm as the final step of registration. NB: for security purposes, please choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols e.g. MyGiraffe#9. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorised access to your information. If your user name or password is subject to unauthorised access, you should immediately inform the Company.You must not tell anyone else your user name or password. Any unauthorised use of either of them must be reported to info@check-risk.com as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
3.5 The Company may, for security or other reasons, require you to change your user name and/or password or other information which facilitates access to this Website or its services.
3.6 The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
3.7 Once the Company have sent you the confirmation e-mail mentioned above you will become a Subscriber and will be able to access the Services available via the Website. You may cancel your subscription at any time by contacting the Company at info@check-risk.com.
4. Charges and Payment
4.1 You will be charged annually in advance until your subscription is cancelled (for cancellation details see paragraph 7 below). Details of charges are shown within the sign-up process. Charges are expressed in US dollars exclusive of any VAT payable. Any reduction or increase in the monthly subscription price will take effect in your next subscription month following notification.
4.2 You can pay Charges by the PayPal System and any PayPal system approved credit cards or debit cards. Your payment details will be encrypted by PayPal to minimise the possibility of unauthorised access or disclosure. You will be asked to provide credit/debit card details at the time of subscription by Paypal or you may use your existing PayPal account.
5. Dealings with Third Parties
5.1 The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and do not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Parties.
5.2 You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
6. Intellectual Property
6.1 You acknowledge and agree that all content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material contained in sponsor advertisements or information presented to you by the Company, its partners or advertisers, is protected by copyright, trade marks, patents, or other proprietary rights and laws.
6.2 You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the information contained in this Website. You may not transmit, distribute, sell or create derivative works of such content or information without express authorisation from the Company and/or its author
6.3 The name, CheckRisk and associated trade marks and logos appearing on the Website are, unless indicated otherwise, the trade marks of CheckRisk. All intellectual property rights in and to the Website are expressly reserved to CheckRisk or (as the case may be) the organisation which has licensed CheckRisk to reproduce the same and accordingly none of the trade marks may be reproduced without the express prior consent of CheckRisk.
7. Termination
7.1 Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and/or your subscription if it:
(a) does not receive payment of the subscription fees;
(b) reasonably believes that you have breached any of these Terms and Conditions;
(c) is unable to verify the accuracy or validity of any information provided by you; or
(d) suspects fraudulent, abusive or illegal activity by you.
7.2 Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
7.3 We will accept requests to cancel your subscription via email. Cancellation will take effect from the next subscription renewal date and you will not be entitled to a refund for any subscription fee already paid. You are entitled to a statutory cooling-off period of seven business days and you may cancel your subscription within 7 business days of your subscription order.
8. Limitation of Liability
8.1 The Company accepts unlimited liability in respect of the Company’s fraud, death or personal injury caused by the Company’s negligence and such other liability which cannot be excluded or limited by law.
8.2 Subject to paragraph 8.2 the Company shall not be liable to you for loss of data, profits, revenue, business opportunity, goodwill, reputation or business or contracts or for any consequential or economic losses arising indirectly out of your use of or your inability to use our Website and the Services or the Company’s negligence or breach of these Terms and Conditions.
8.3 Subject to paragraphs 8.2 and 8.3 the Company’s liability to you arising directly out of your use of or your inability to use our Website and the Services or the Company’s negligence or breach of these Terms and Conditions is limited to the total fees for the Services you paid to us in the 12 months prior to the action giving rise to the liability.
9. Amendment to these Terms and Conditions
9.1 The Company reserves the right to amend and alter these Terms and Conditions and any content or information contained on the Website at any time. If these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
9.2 If after the Terms and Conditions and/or the privacy policy have been amended or altered you do not agree to their terms, you must stop using this Website.
10. General
10.1 Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, the Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
10.2 The Company reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any content that you provide when using the Services.
10.3 If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
10.4 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
10.5 These Terms and Conditions shall be governed by and construed in accordance with English Law. Both parties submit to the non-exclusive jurisdiction of the English Courts.
10.6 Neither party shall be liable for any breach of these Terms and Conditions due to any cause beyond its reasonable control.
10.7 These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral). The Subscriber acknowledges that:
(a) on using the Website and Services, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions;
(b) the only remedy available in respect of any misrepresentation or untrue statement made to it shall be a claim for damages for breach of contract under these Terms and Conditions; and
(b) this clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of these Terms and Conditions which was induced by fraud, for which the remedies available shall be those available under English law.
10.8 Unless expressly provided in the Agreements no term of them is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11. Client Categorisation
These Terms and Conditions permit you (the ‘Client’) to have access to, and use of the materials (by subscription) sent to you by CheckRisk LLP. CheckRisk will treat the Client as a retail client, as defined by the FSA’s Conduct of Business Sourcebook.
You must report any violations of these Terms and Conditions to info@check-risk.com.
