CheckMEND Terms of Use and privacy Information

Privacy Information

For privacy information please visit: CheckMEND Privacy Section

Terms & Conditions of Use

The CheckMEND service is provided subject to the following terms and conditions:

This Website (the 'Website') which is located at CheckMEND.com is owned and operated by Recipero limited ('Recipero,' 'we,' 'us,' or 'our'). These terms and conditions of use ('Terms of Use') govern the terms and conditions on which registered users ('Members', 'you' and 'your') may access and use the Website, its content and services (the 'Services').

By using the Website, you acknowledge that you have read these Terms of Use, understand them and agree to be bound by their terms and conditions. You also acknowledge that you have read and understand our privacy policy and consent to Recipero use of your personal Data as described in that document. If you do not agree to these Terms of Use or the privacy policy, you should not use the Service (as hereinafter defined) or access the Website.

Recipero searches other publicly available Databases for information on such Items. Together we call these Databases the 'Databases'.

Services
1. Recipero operates a Database of information relating to Items of value ('Items'). These Items may be identified as:
  1. Stolen - Those Items reported as stolen to a bona fide governmental law enforcement agency (herein 'Reporting Agency').
  2. Citizen Reported Stolen - Reported by a member of the public; however, CheckMEND was unable to authenticate the report with the Reporting Agency.
  3. Commercial Lost - An Item that was unlawfully taken from the inventory of a business caused primarily by shoplifting or employee theft.
  4. Lost - An Item that is missing, usually through the actions of the owner or another where there is no known criminal intent of an action to deprive the owner of the Item.
2. Recipero will make its Databases available to you for searching at least 99% of the time. Occasionally, in the event of planned maintenance or events beyond Recipero control, access to the Databases may temporarily be restricted. In these circumstances, Recipero endeavors to restore the Search Service to you as soon as possible.
Registration
1. By registering as a user of the CheckMEND search service (the 'Search Service') you may search against the Databases in the categories available, based on the serial number of Items.
2. On registration, Recipero will require you to select a username and password that will enable you to use the Search Service. You are responsible for the safekeeping of your username and password. You must notify us promptly if you lose your username and password or someone else discovers them.
3. Your personal details required during registration may be shared with the police anytime CheckMEND believes the sharing of information is appropriate for the recovery of an item or to aid in an investigation of a theft. The searcher has no expectation of privacy of their data in relation to the police, when searching CheckMEND Databases.
Searching the Database
1. Recipero provides the Search Service to allow users to search its Database of Stolen Items reported as lost or stolen.
2. Recipero cannot guarantee that the Item will form part of a Match Report or if it does, that the search is in fact your Item and neither can Recipero identify the user who reported the Item stolen.
Match Report
1. After a search has been made on the Website, Recipero will generate a Match Report identifying:
  1. The unique serial number ('USN') of an Item in the search criteria which matches the USN of an Item on the Databases;
2. The Match Report is automatically generated, and its accuracy will depend on the criteria you enter.
Contents of Databases and limits of Searching process
1. The Databases consist of information provided by users and other third parties (including third party Websites). The information on the Databases may therefore be incomplete, inaccurate, or out of date.
2. please note that the ability to search the Databases correctly is dependent on the accuracy of the information contained in the Databases and the data submitted to the search criteria. To the extent that the search criteria does not provide sufficient data, the ability of the Databases to show matching Items may be limited.
3. All property that is stolen is not reported, much of what is reported does not contain unique identifying numbers. A negative response to a query in CheckMEND does not mean the item is not stolen, and CheckMEND makes no warranty of clear title or ownership of an item.
Disclaimers and limits of liability
1. Recipero provides a service that enables you to search the Databases against criteria entered by you. The Website contains information provided by registered users and other third parties that Recipero does not verify. Therefore, Recipero is unable to warrant that Items on the Database are in fact lost or stolen or subject to third party claims.
2. You should not rely on the information in the Databases as proof of an Item's ownership nor should you ever take police action based on the information obtained through our Website.
3. If you are considering buying, lending money with goods as surety or acting on the sale of any Items, use of the Search Service is only a tool to aid your decision to accept Items as not being lost or stolen or subject to third party claims. You must take your own steps to verify the status of a matching Item. You acknowledge that you are not relying on the Search Service to make any decision, to engage in any transaction, or to refrain from making any decision or engaging in any transaction. You further acknowledge that you have an independent duty to investigate, which goes beyond the use of the Search Service in connection with any transaction in which you are considering.
4. Recipero excludes liability and responsibility for any consequential or indirect loss (including but not limited to loss of business, loss of information or data, or loss of expectation or bargain) that might result to you or a third party (whether for conversion or otherwise) and which arises from the use of the website or the search service, false information provided to the database, or third party and operational errors except where such loss is proximately caused by Recipero' gross negligence, willful misconduct, or bad faith breach of these terms of use.
5. Recipero excludes liability and responsibility for any loss of whatever nature incurred by you relating to any arrangement or contract entered into or contemplated by you [or refused by you] with a third party because of your use of the search service.
6. Recipero's liability for its own loss, gross negligence, willful misconduct, or bad faith breach of these terms of use shall not exceed twice the amount of any fee paid by you to Recipero in the 12 months prior to the accrual of any claim.
Indemnity
1. You agree to indemnify and keep indemnified Recipero, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims arising out of or related to your use of the Website, the Services or any breach by you of these Terms of Use.
Dispute Resolution procedure
1. Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Use, any dispute between you and Recipero or you and another Member arising out of or relating to these Terms of Use, including any disputes relating to the content or use of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in the State of California in the United States or in the United Kingdom, at the election of the Member invoking binding arbitration.
Notices
1. Any notice given under this agreement shall be sent to you by email at the email address you have provided to Recipero.
2. Notice given under this agreement shall be validly served if sent by post if you have notified Recipero that you would prefer to be contacted that way.
3. Notices to Recipero should be sent to .
4. Recipero will endeavor to respond to you within 7 working days of receiving your enquiry.
Governing Law & Jurisdiction
1. These Terms of Use, including (without limitation) any disputes relating to the content on the Website or the use of the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the United Kingdom.