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Terms and Conditions

Before you can complete registration you must agree to the terms and conditions.

Terms and Conditions

Please note by agreeing to these Terms and Conditions you are agreeing to our Privacy Policy, details can be found below

1. DEFINITIONS

1.1. Some words and phrases used in these Terms and Conditions have special meanings. These meanings are set out below:

"Application Information"

Information obtained by you and supplied to us so that we can perform the Services;

"Charges"

The fees you pay for the Services. These are set out on the Website;

"Company Group Members"

Your subsidiaries, holding company and/or the other subsidiaries of your holding company;

"Data"

The information we provide to you as part of the Services;

"Information"

The reports and the information, including Data and any information that does not relate directly to the Services, that we provide to you;

"Services"

The business information and related services we provide to you through the Website;

"we "

Means Experian Limited (registered number 653331) our registered office is at Landmark House, Experian Way, Nottingham, NG80 1ZZ;

"Website"

The website located at https://secure.smebusinesscheck.co.uk;

"you"

Means the person, firm or company to whom we provide the Services.

1.2. The headings used in these Terms and Conditions are for convenience only and do not affect the construction of these Terms and Conditions.

2. Period of Agreement

2.1. Your entitlement to receive the Services starts when we provide you with access to the full facilities of the Website and continues until terminated in accordance with these Terms and Conditions.

3. THE SERVICES

3.1. We will provide the Services in accordance with these Terms and Conditions.

3.2. Your use of the Services is subject to these Terms and Conditions.

3.3. We will tell you in writing if we amend or vary these Terms and Conditions. Such amended or varied Terms and Conditions shall apply to the provision of Services after the date on which you receive our written notice.

4. PAYMENT OF CHARGES

4.1. Each time you use the Services you will pay the Charges in advance by debit or credit card.

5. COPYRIGHT AND CONFIDENTIALITY

5.1. All of the intellectual property rights (including copyright and database right) in the Information belong to us, or our licensors. You will not acquire any proprietary rights to the Information and may only make such copies of the Information as you reasonably require for the purposes set out below.

5.2. The rights granted to you to use the Information are personal to you and you may only use the Information for the internal purposes of your business and (unless required by law) you will:

· keep the Information strictly confidential;

· not publish the Information;

· not divulge or disclose the Information to anyone else;

· only permit access to the Information to your officers and/or employees who need to know or use them. You will ensure that your officers and employees comply with these confidentiality provisions;

· not copy, distribute or commercially exploit the Information unless expressly permitted by these Terms and Conditions;

· not use the Information for or on behalf of anyone else.

5.3. You undertake not to use, or permit others to use, the Information to provide credit reference and/or moveable asset enquiry services to anyone else. This restriction does not prevent you from sharing the Information with your Company Group Members. However, you must ensure that the provisions under this Section 5 also bind your Company Group Members.

5.4. We or our licensors own all the rights to all the materials contained in the Website, and the information the website collects (we refer to all this as 'the content'). This includes patents, copyright, database rights and trademarks. You must not copy, pass on, sell, publish or make profit from any of the content without first getting our written permission. The content includes a number of trademarks (including Experian) that are owned by us or our licensors. By making the trademarks available on the website, we are not giving you any permission to use them.

6. APPLICATION INFORMATION

6.1. You grant to us a royalty-free, non-transferrable, perpetual licence to use the Application Information. We can use the Application Information to enhance the databases we use to provide the Services and any other databases, including those we use to provide similar services and other risk and fraud prevention services to others.

7. SECURITY

7.1. You will comply with any rules and guidelines that we reasonably prescribe in relation to the manner in which we provide the Services. We will adopt such measures necessary to ensure the security of the Information.

7.2. We refer to account numbers, identification codes and passwords used to access the Services as "Client ID".

7.3. You acknowledge and agree that control of and security for your Client ID is your sole responsibility and that we have no liability at all for any losses (whether direct, indirect or consequential) arising from any use of your Client ID by any persons, whether authorised by you or not (this includes unauthorised access to your computers and/or network or any information not deleted when these systems are updated or replaced). We can issue you with new Client ID at any time. Any new Client ID will take effect from when we notify you of the new Client ID.

7.4. You also agree that you will:

· maintain appropriate technical and organisational security measures and procedures to prevent the accidental or unauthorised disclosure of your Client ID or its use by unauthorised persons

· inform us as soon as you become aware of any unauthorised use and/or disclosure of your Client ID, or if any equipment you use to access the Services is stolen

· be liable for any and all Charges incurred in connection with the Client ID whether or not you authorise such Charges.

7.5. We may invalidate or suspend use of your Client ID if:

· you break any of your obligations under these Terms and Conditions

· we are notified of, or become aware of, any unauthorised or improper use of your Client ID (either by you or someone else) or of the fact that any of the equipment you use to access the Services has been stolen.

8. PERFORMANCE AND LIABILITY

8.1. You agree and acknowledge that you will not use the Information as the sole basis for any of your business decisions.

8.2. You acknowledge that the Information is based on information provided to us by others and that we cannot control the accuracy of this information, which may also contain expressions of advice or opinion.

8.3. We use all reasonable skill and care to provide the Services. However, you agree that it is reasonable for us to limit our liability. In particular we:

· do not warrant the accuracy of the Information or the validity of any advice given or opinion expressed; and

· are not liable for any loss of any kind which you suffer as a result of a claim by a subject of the Information, advice or opinion.

8.4. We are not liable to you for any of the following as a result of our negligence, breach of contract, other tort or otherwise:

· indirect or consequential loss;

· loss of profit, loss of sales or increase in (or failure to reduce) bad debts; or

· loss of business.

8.5. Our total liability to you in any year (starting on the date on which you first use the Services or subsequent anniversary of that date) for all claims for negligence, breach of contract, tort or otherwise is limited to the amount payable by you for the Services provided by us during that year.

8.6. We do not give any representations, warranties, conditions, undertakings, or terms (either express or implied):

· as to the fitness for a particular purpose of the Services and/or the Information;

· that the Services and/or Information will meet your requirements; or

· that provision of the Services will be uninterrupted, timely, secure or error free.

We exclude all such representations, warranties, conditions, undertakings and terms to the fullest extent permitted by statute.

8.7. Nothing in these Terms and Conditions excludes our liability for death or personal injury arising out of our negligence or for any liability which we cannot limit or exclude under the relevant law.

8.8. You will protect us and keep us fully protected against any claims or actions made or brought against us as a result of:

· you rendering the Information inaccurate or incomplete (whether by an act or omission)

· your use of the Services.

This protection shall include all losses, damages, costs and other expenses (including any payments we make to settle any such claims or actions on the advice of our lawyers) that we incur and you promise to pay us or reimburse us if there is any such loss, damage, cost or other expense. This protection will not apply where we are in default

9. GENERAL CONFIDENTIALITY

9.1. We both will ensure that our respective officers, employees and agents shall, maintain in strictest confidence and not divulge or communicate to anyone else any Confidential Information relating to the other. This shall not affect any of the other part of these Terms and Conditions.

9.2. "Confidential Information" means (as the context may require):

· any information concerning either of our trade secrets, customers, business dealings, transactions or affairs which may come to the notice of the other party

· any information and/or knowledge relating to the methods or techniques we use to provide the Services and/or Information. These include any documents or other materials comprising any part of such information and/or know how we make available to each other.

9.3. These provisions do not apply to any Confidential Information which:

· either you or we are required to divulge by a Court, tribunal or governmental authority with competent jurisdiction.

· is already public knowledge, other than where either you or we break these confidentiality provisions.

· was already known to the recipient before the date of disclosure (as evidenced by written records).

· was independently obtained from someone else, without that person breaking any confidentiality obligations they have to either you or us.

9.4. You grant us a perpetual, royalty-free, transferable licence to use data relating to your use of the Services and your payment record within our other products and services.

10. CO-OPERATION AND ASSISTANCE

10.1. You shall at your own cost co-operate with us to such extent and provide to us such information and assistance as we reasonably require to perform our obligations in relation to the Services.

11. TERMINATION

11.1. We shall be entitled to suspend or terminate your entitlement to receive the Services at any time. Where we terminate your entitlement to receive a Service for which you have paid in advance, we will refund you for any unused Services, unless we have terminated the Services because you have breached these Terms and Conditions or because the Services are being used for the purposes of fraud.

11.2. We will invalidate your Client ID as soon as termination occurs.

12. STATUTORY COMPLIANCE

12.1. Both of us undertake to each other that in respect of the provision and use of the Services (as appropriate) we will both comply fully with all relevant statutory enactments. These include without limitation:

· the Consumer Credit Act 1974;

· the Data Protection Act 1998 (including the Data Protection principles);

· all re-enactments and amendments to the acts above; and

· any regulations or requirements made by any governmental authority or equivalent body of competent jurisdiction.

12.2. You further undertake to us that:

· you hold all necessary registrations and licences prior to your use of the Services;

· you will obtain all necessary consent from individuals in order to gain access to and make use of personal data. This includes consent from individuals acting in the capacity of a director, a partner or sole-trader of a business against which we are carrying out searches on your behalf;

· you will use wording proposed by us (if any) when obtaining all necessary consents.

If you fail to obtain any necessary consent we are not obliged to provide the relevant part of the Services or in our discretion may provide an alternative service that does not make use of personal data.

12.3. You warrant that you have in place and will maintain:

· appropriate technical and organisational measures against accidental, unauthorised or unlawful processing, destruction, loss, damage or disclosure of the Data; and

· adequate security programmes and procedures to ensure that unauthorised persons do not have access to equipment used to process the Data or on which Data is stored.

13. FORCE MAJEURE

13.1. If either of us are unable wholly or in part to carry out our obligations by "force majeure" then whichever party cannot perform its obligations will notify the other of such "force majeure". The obligations of the party giving such notice shall be suspended to the extent that they are affected "force majeure". That party shall use all reasonable endeavours to remove or avoid the "force majeure" as soon as possible.

13.2. The term "force majeure" shall mean the following acts or circumstances which by exercising due diligence neither of us can prevent:

· acts of God

· strikes, lockouts or other industrial disturbances

· acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances and terrorism

· governmental or quasi-governmental regulations and directions

· any failure of hardware and/or software and/or telecommunications services or equipment which is used by us to provide the Services which is due to the default of someone else

· any other cause not within the reasonable control of the party claiming suspension

14. ASSIGNMENT

14.1. The rights granted by these Terms and Conditions are personal. Neither of us can assign or grant any of these rights to anyone else without the prior written consent of the other. Such consent not to be unreasonably withheld or delayed.

15. WAIVER

15.1. If either of us fails to exercise any right or remedy available under these Terms and Conditions then such failure or delay will not prevent either of us from relying on those rights or remedies in the future.

16. ENTIRE AGREEMENT

16.1. These Terms and Conditions are the whole agreement between both of us. They supersede all previous negotiations, understandings and/or representations. Each of us acknowledges that in entering into this agreement we have not relied on any warranty or representation (other than a fraudulent misrepresentation) that is not set out in these Terms and Conditions.

16.2. If these Terms and Conditions conflict with any other terms posted or available on the Website at any time (including but not limited to any Terms of Use) then these Terms and Conditions shall prevail. References in this document to these "Terms and Conditions" shall be to these Terms and Conditions as amended or varied at any time.

17. SEVERANCE

17.1. If any part of these Terms and Conditions is found to be invalid by a court it shall be deleted and the rest of these Terms and Conditions will remain in full force and effect.

18. LAW

18.1. These Terms and Conditions shall be governed by, and construed in accordance with, English law. We both agree that the Courts of England shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these Terms and Conditions.

19. NOTICES

19.1. All notices must be in writing and will be sent by facsimile or e-mail. We will use the address or facsimile number or e-mail set out in your application to receive the Services. You can write to us at our registered office address or email us at customer.services@uk.experian.com.

19.2. All notices are deemed received:

· if posted to the correct address - two working days after being posted

· if sent by facsimile to the correct facsimile number - one hour after transmission

· if sent by facsimile outside the normal working hours of the addressee - one hour after the re-opening for business of the addressee

· if sent by e mail to the correct e mail address - one hour after sending.

Service by facsimile is only effective if the original of the facsimile is placed in the post the same day as the facsimile is transmitted.

20. THIRD PARTY RIGHTS

20.1. Only you and we have legal rights under these Terms and Conditions. It is not intended that any part of these Terms and Conditions will be enforceable, by virtue of the Contract (Rights of Third Parties) Act 1999, by any other person.

21. LINKING

The website may contain links or references to products, materials or websites provided by organisations that are independent from us (we call these 'third parties'), either directly or through frames (for example, where two or more web pages are displayed as a single page). Although we may make this material available, we do not in any way recommend, endorse or promote it. If you have any complaints about the third-party material we make available, you should contact the relevant third party. You must not link to our website without first getting our written permission.

The website may contain links or references to products, materials or websites provided by organisations that are independent from us (we call these 'third parties'), either directly or through frames (for example, where two or more web pages are displayed as a single page). Although we may make this material available, we do not in any way recommend, endorse or promote it. If you have any complaints about the third-party material we make available, you should contact the relevant third party. You must not link to our website without first getting our written permission.

The website may contain links or references to products, materials or websites provided by organisations that are independent from us (we call these 'third parties'), either directly or through frames (for example, where two or more web pages are displayed as a single page). Although we may make this material available, we do not in any way recommend, endorse or promote it. If you have any complaints about the third-party material we make available, you should contact the relevant third party. You must not link to our website without first getting our written permission.

The website may contain links or references to products, materials or websites provided by organisations that are independent from us (we call these 'third parties'), either directly or through frames (for example, where two or more web pages are displayed as a single page). Although we may make this material available, we do not in any way recommend, endorse or promote it. If you have any complaints about the third-party material we make available, you should contact the relevant third party. You must not link to our website without first getting our written permission.

21.1 The Website may contain links or references to products, materials or websites provided by organisations that are independent from us (we call these 'third parties'), either directly or through frames (for example, where two or more web pages are displayed as a single page). Although we may make this material available, we do not in any way recommend, endorse or promote it. If you have any complaints about the third-party material we make available, you should contact the relevant third party.

21.2 You must not link to our website without first getting our written permission.

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