CheckMEND Terms of Use and privacy Information

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Terms & Conditions of Use

This Website is operated by Recipero Limited. Your use of this Website is governed by these Conditions.
By accessing and/or using the Website, you accept these Conditions.These conditions overide any conditions set out in any other agreements.

1. Enquiry means the CheckMEND enquiry submitted on the CheckMEND website or via SMS or email or via an API. "Information" means the information relating to an item that is compiled and supplied from our database in response to your Enquiry. We, us and our means Recipero Limited, who provide the Information. You and your means the customer who is making the Enquiry and is to receive the Information. Website means the CheckMEND website on the World Wide Web. Contract means the contract between you and Recipero Limited for the supply of the Information which is made subject to these Conditions.
2. By submitting an Enquiry to us, you are offering to enter into a Contract with us for the provision of Information subject to these Conditions. This Contract will only come into existence when we supply the Information in response to your Enquiry. We reserve the right to refuse this offer for any reason and without explanation.
3. The Contract and all Information provided shall be subject to these Conditions. These Conditions will apply to the exclusion of all other terms, conditions and statements.
4. These Conditions may be updated at any time and you are strongly advised to read the Conditions each time you access the CheckMEND website.
5. Unless expressly provided in the Contract, all other terms and conditions or warranties expressed or implied either by statute or other means are excluded to the fullest extent permitted by law.
6. Unless expressly provided in the Contract, all other terms and conditions or warranties expressed or implied either by statute or other means are excluded to the fullest extent permitted by law.
7. Each provision within these Conditions is to be construed as a separate entity which can be applied and remain in effect in respect of the performance of the Contract should one or more of the said provisions be held inapplicable or unreasonable.
8. When submitting your Enquiry it is your responsibility to complete the requested data fully and correctly to enable us to supply the requested Information.
9. You will pay to us the current price (in GB Pounds Sterling) of the Information by credit card or any other payment method which we currently accept before we supply you with the Information.
10. Your use of the website must not cause the website to be interrupted, damaged, rendered less efficient or effective or affect the functionality of the website.
11. The website is intended normally to be available 24 hours a day and 7 days a week. We will not be liable for any failure to achieve this level of availability. The website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for reasons beyond our control.
12. The information we supply is compiled from data supplied to us from a number of sources. You agree that Recipero Limited has no control over the data supplied by these third parties and therefore Recipero Limited makes no warranty, representation or undertaking in relation to the Information or other Website content (including without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose). Recipero Limited is not liable for any loss or damage arising from any inaccuracies, faults or omissions in the Information, unless directly caused by our negligence
13. Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. Recipero Limited has not reviewed all of these websites and does not control and is not responsible for these websites or their content or availability. Recipero Limited therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
14. Recipero Limited is not liable under any circumstances for any loss of business, loss of capital, loss of profit, direct, indirect or consequential loss or damage sustained, nor any damage to reputation or goodwill which may arise out of, or in connection with, the Information, the Contract or its subject matter whether caused by us, our employees or our agents.
15. We are not liable for loss or damage sustained by you, nor any inaccuracy in Information supplied by Recipero Limited, as a result of any incomplete or inaccurate data or information supplied by you or as a result of any other fault attributable to you.
16. We will make all reasonable attempts to exclude viruses (or other destructive devices) from the website but cannot guarantee the exclusion of viruses (or similar destructive devices) and you should take appropriate steps in respect of this risk.
17. Neither party has any liability with respect to any failure or delay in performance of any part of the Contract due to any cause beyond our or your control.
18. For any and all claims arising out of or in connection with the Contract our entire liability shall not exceed the amount payable for the CheckMEND. Refunds will be given in exceptional circumstances at our discretion. We do not limit or exclude our liability for death or personal injury arising from our negligence or that of our employees or agents.
19. Without prejudice to any other right of action we may have, you undertake that you will at all times keep us fully and effectively indemnified against any liability (including without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which we may suffer or incur as a result of your use of the website or by reason of your breach or non-observance of these Conditions.
20. By requesting a CheckMEND on the website, via SMS or email you agree that you have no right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 once we have received and processed your Enquiry.
21. Recipero is registered with the Information Commissioner's Office as required by the Data Protection Act (1998). You instruct us to carry out all processing of personal data that is necessary or desirable for the provision of Information to you and the fulfillment of our obligations under these Conditions. Subject to the following provision personal data that you supply to us will not be provided to third parties and will be held securely by us. We can be compelled to disclose this data to the Police or other authorised bodies for the purpose of investigating or preventing a crime. In order to protect those making CheckMEND checks and owners, when requesting a CheckMEND on the Website, via SMS or by email you agree to our supplying data to the police or other law enforcement authorities for the express purposes of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
22. On authorisation of payment, Recipero will supply you with the Information by displaying the Information to you via the CheckMEND website, via SMS or email.
23. We retain all right, title and interest in and to the content of the Website, including without limitation copyright, trade marks, database rights and other intellectual property rights, including without limitation all such rights in information that is generated by our database.
24. The Information, provided in fulfillment of the Contract is for your personal or company use to protect you or your company. You may not sell, reassign or supply the Information to any third party or provide checking services via web, SMS or API to or via any third party. For clarification purposes this includes providing the service on behalf of or to third parties or providing due diligence protection of third parties. Any checks that originate from data (i.e. serial or IMEI number) provided to the system via a third party (not an employee of the authorised checker or at the authorised checkers place of business) contravene any license or agreement and Recipero reserve the right to close any account where this is the case. All checks must be carried out by the provision of the information directly from the authorised party. For clarification this does not include members of the public providing the information for the check via a company's web site subject to it being part of a trade in process however it does include a third party using such a website on behalf of or in association with a member of the public.
25. These Conditions only apply between you, and us and no one else is entitled to enforce any provision of these Conditions.
26. The Conditions are to be governed by and interpreted in accordance with the laws of England. Legal action in connection with these Conditions may only be brought in the Courts of England and Wales.