TERMS AND CONDITIONS

Version number: 1.0 – Effective Date: 01/04/2021

  1. Who we are
    • We are CDDCheck Ltd. Our company information is at the end of this document.
  2. What this is all about
    • These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
    • Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on its behalf.
  3. Some definitions
    • Here are some definitions which are used in this document (all capitalised):
      • “Content” – all information of whatever kind used on our Service (including messages sent via our Service).
      • “Search Subject” – a search on our Service using either an individual or a company name.
      • “Search Subject” – the person or company that is the subject of the Search.
      • “Service” –the service we offer by means of our website and any related software and services.
      • “User” – persons or organisations using our Service (whether or not registered with us).
  4. IMPORTANT WARNING
    • We cannot guarantee that any Search Subject or that any e-learning materials or other Content that we make available for guidance or other purposes will be accurate, complete or up to date. You use and rely on our Service and Content at your own risk.
  5. How you enter a legal contract with us
    • Your order is an offer to enter a legal contract with us to use our Service.
    • You place your order by using the ordering process on our site. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
    • We accept your offer and there is a binding legal contract when we send you a confirmation email.
    • By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
  6. Changing these terms and conditions
    • We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and/or by posting the new version on our website.
    • If you don’t agree to the new terms, you can email us (to the address below) to end this contract on the day before the new terms take effect. Otherwise, the new terms will apply.
  7. Your right to use our Service
    • We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
  8. Things you can’t do on our Service
    • You agree not to do any of the following in connection with the Service:
      • break the law or infringe anyone else’s rights;
      • provide us with or link to unlawful, infringing or otherwise inappropriate content;
      • victimise or harass other people;
      • use offensive, obscene, abusive or other inappropriate language;
      • deceive or mislead anyone;
      • use the Service with a view to competing with us or infringing our rights;
      • disrupt our Service, e.g spam, viruses or phishing;
      • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
      • intercept or modify communications;
      • impose an unreasonable load on our Service;
      • get around any security or other features including those designed to stop copying of Content; or
      • attempt, encourage or assist any of the above.
    • You agree to:
      • comply with any rules or requirements on our Service;
      • promptly comply with any reasonable request or instruction by us in connection with the Service; and
      • ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
  9. If you provide Content for use on our Service …
    • You are responsible for your Content.
    • You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
    • We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
  10. Other peoples’ services / advertising / websites
    • We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
    • You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
  11. If you create an account on our Service
    • Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
  12. Trial period
    • You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period
      Unless otherwise stated on our Service, if you take the free trial you will automatically switch to the Freedom monthly package if you do not cancel before the end of the trial.
  13. Paying us
    • Apart from the features available within any free trial, our Service is chargeable on a subscription or one-off fee basis, both payable in advance.
    • Each subscription charge is subject to the applicable maximum number of Searches per month/year as explained on our Service when you signed up. It is your responsibility to ensure that you use the correct Search Subject name when searching. No credit or refund will be given if you search against an incorrect Search Subject name.
    • Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end the contract as explained below. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
    • We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
    • If you pay a one-off fee (e.g., for our e-learning Service), this entitles you to access the relevant Content for the period specified on our Service.
    • If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
    • You must contact us immediately with full details if you dispute any payment.
    • You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
    • If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
  14. About discount codes
    • We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; and (3) can only be redeemed once per customer;
    • We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
  15. Terminating or suspending this contract
    • If you take out an annual subscription with us, the contract lasts for 12 months and continues to roll over automatically for subsequent 12-month periods unless you give us notice to terminate the contract by email at least 30 days before the relevant anniversary date.
    • If you take out a monthly subscription, you can give notice to terminate the contract by email at any time, in which case the contract will terminate at the end of the current month.
    • If you use our e-learning Service as an add-on to either the annual or monthly subscription Service, then the e-learning Service will automatically end when the contract for the subscription Service ends, even if the period specified for access to the e-learning materials has not yet expired.
    • If you use our e-learning Service as a standalone, then the contract terminates when the period specified for access to the e-learning materials expires.
    • We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
      • you become bankrupt or go into liquidation or similar or become insolvent;
      • you breach this contract;
      • any fees payable by you are unpaid / unjustifiably charged back;
      • acting reasonably, we think that it is necessary to protect us or others;
      • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
      • you or anyone on your behalf acts inappropriately towards our staff.
    • We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
    • If this contract ends:
      • Your right to use our Service and all licences are terminated.
      • Existing rights and liabilities are unaffected.
      • All clauses in this contract which are stated or intended to continue after termination will continue to apply.
  16. Restrictions on our legal liability – very important
    • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
    • Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
      • In no event (including our own negligence) will we be liable for any:
        • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
        • loss of goodwill or reputation;
        • special, indirect or consequential losses; or
        • damage to or loss of data
          (even if we have been advised of the possibility of such losses).
    • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
    • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
    • This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  17. Intellectual property rights
    • The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent.   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
    • Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
  18. If our Service doesn’t work properly
    • We do not guarantee that the Service will be uninterrupted or error-free and we are not liable for any losses arising from such interruptions or errors. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
    • You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
  19. Things we can’t control
    • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
  20. Assigning this contract to someone else
    • We may assign all or part of our rights or duties under this agreement. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  21. Your personal information – see our privacy policy
    • You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
  22. English law and courts
    • This contract is under English law and any disputes will be decided only by the courts of England and Wales.
  23. General
    • We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
  24. Complaints
    • If you have any complaints, please contact us via the contact details shown below.
  25. Company information
    • Company name: CDDCheck Ltd
    • Trading name: CDDCheck
    • Country of incorporation: England and Wales.
    • Registered number: 13134335
    • Registered office: 14 Maple Terrace, Maesteg, CF34 9NW, Wales
    • Contact address: Apollo Business Village, Heol Persondy, Aberkenfig, Bridgend, CF329TF, Wales
    • Contact email address: info@cddcheck.online
    • Other contact information: See our website / contact page.
    • VAT number: 372764962
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