Terms and Conditions of Trade
1.1 In these Terms and Conditions:
(a) “Agreement” means any order for via the Website, and these Terms and Conditions.
(b) “We” or “Us” means Desktop Investigations Limited trading as Date Check and its successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all services We will supply to you via the Website.
(e) “Website” means the Date Check website.
2. PRICE AND PAYMENT
2.1 Price plus tax: You will pay the price stated at the time you place an order via the Website (“Price”), together with the amount of any Goods and Services Tax (“GST”) or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions. Payments made via our website will already include GST.
2.2 Change of Prices: We reserve the right to change any Prices stated on the Website.
2.3 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.4 No Cancellations: Once a Service is ordered and paid for the sale is considered final and it cannot be cancelled. We do not provide refunds for Services ordered via the Website.
2.5 Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).
3. PERFORMANCE OF THE SERVICES
3.1 Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.
3.2 Use of reports: Any reports prepared or procured by Us as part of the Services are to be used only by you.
3.3 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the order placed via the Website.
3.4 Declining Services: We reserve the right to decline any order placed with Us.
3.5 Rights: Unless otherwise agreed, we will retain all rights in information and reports prepared for you as part of the Services. We may use the information collected for any other purposes that we choose.
4. YOUR OBLIGATIONS
4.1 Information: you will provide us with any relevant information required to enable us to perform the Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
4.2 Account information: You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. OUR OBLIGATIONS AND WARRANTIES
5.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws.
6.1 Limitation of liability:
(a) Accuracy: You acknowledge and agree that We obtain our data provided in connection with the Services from third-party sources, which may or may not be completely thorough and accurate, and that you cannot not rely on Us for the accuracy or completeness of information supplied in connection with the Services. Without limiting the foregoing, the criminal record data that may be provided by Us in connection with the Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected;
(b) If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for Services under this Agreement to which the liability relates. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;
(c) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss. This includes loss caused by you providing us with incorrect information or by your delay leading to our Services becoming obsolete due to matters outside our control;
(d) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
6.2 Indemnity: You will be liable for, and will indemnify Us, our officers and employees against, any and all liability, loss, damages, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by Us, whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill), arising out of any dispute or contractual, tortious or other claim or proceeding brought against Us arising from your breach of this Agreement or your violation of any law or rights of a third party.
6.3 Business purposes: If you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
7.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
7.2 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
7.3 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
7.5 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
7.6 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.