CheckFree ("CheckFree" - which definition shall also include any person, firm or organisation providing financial or credit data or information to CheckFree) provides its financial information services ("Services" - which definition shall also include this Web site and all the information and data provided to you via this Web site) to you subject to the following notices, terms and conditions ("Terms")
BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED ALL OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
CheckFree reserves the right to modify all or any part of these Terms or make changes to the Services or to withdraw the Services or any part of them at any time at its own discretion and without notice to you.
It is therefore recommended that you revisit these Terms regularly so that you are aware of the Terms in force at any particular time. You will be deemed to be bound by those Terms prevailing at each time that you use the Services and each such use shall be a separate, discrete transaction based on the then prevailing Terms.
Any service messages which may occasionally be published (other than price and product revisions) and any statements or timings provided by any staff or help menu are intended for informal guidance only and do not form part of your contract with CheckFree
CheckFree provides the Services to you on an "as is" basis. CheckFree has made efforts to ensure that the information contained in the Services is accurate but does not give any warranty, guarantee or other term or representation of any kind, either express or implied, as to the completeness or accuracy of any such information or the credit worthiness or otherwise of any person, firm, company or other organisation referred to in the Services.
All material provided through the Services is for informational purposes only and must not be interpreted as an endorsement or otherwise of any specific person, firm, company or other organisation by CheckFree. The information obtained from the Service should be interpreted in accordance with the definitions and explanations of terms which are provided in "FAQ Section and Glossary" available from the Help and FAQ Menu. The Services are intended to provide one source of information; you should not rely exclusively on the Services but should make your own independent enquiry. In entering into any contract or other arrangement with any person, firm, company or other organisation referred to in the Services, you warrant that the you have taken all such steps as you shall consider necessary or appropriate to verify the credit worthiness or otherwise of such person, firm, company or other organisation. You are advised to exercise the standard of care in selecting or contacting any person, firm, company or other organisation from the Services as would be appropriate in selecting or contacting any other person, firm, company or other organisation with whom you have not previously dealt. The Services neither offer nor purport to offer any advice on any subject, and nothing contained in the Services is intended to be given or taken as advice on any subject.
The Services shall be provided in such manner at such times and in such places as CheckFree shall from time to time in its absolute discretion determine. CheckFree reserves the right to modify, alter the nature of or discontinue the Services or any part of the Services without notice.
CheckFree shall not be liable for any typographical or other errors or omissions in the Services.
No liability or responsibility is accepted if email communication is, for whatever reason corrupted or does not reach its intended recipient. Although CheckFree takes reasonable steps to ensure that email communications and any attachments are free from computer virus no warranty is given that any email is free of viruses and you should take your own steps to ensure that they are actually virus free.
Except as may be specifically stated herein, to the fullest extent permitted by applicable law, in no event shall CheckFree, nor any of its directors, employees or other representatives be liable for any damages, loss or claim of any kind howsoever arising out of or in connection with the use of the Services including (without limitation) compensatory, direct or indirect, special, punitive, consequential or exemplary damages, lost profits, lost sales or business, lost data or inability to use data, loss of or damage to property and claims of third parties irrespective of whether CheckFree or any of its directors, employees or other representatives has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action including (without limitation) breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, although CheckFree does not seek to limit its liability for death or personal injury caused by their negligence.
If CheckFree's limitation of liability set out in this agreement shall for any reason whatever be held unenforceable or inapplicable in whole or in part, or in the event that a judgment is awarded against CheckFree arising out of your use of the Services (other than in the case of death or personal injury) you hereby agree that CheckFree's entire liability to you or anyone claiming through you, whether in tort or contract, arising out of any one incident or series of connected incidents shall in any event not exceed GBP 2,000 in aggregate or the cost of all Reports you have purchased from CheckFree in the 12 months preceding the date of any claim, whichever is the higher.
By their very nature, some of the facts or opinions you receive from the Services may be open to dispute, particularly by the subject company or its directors, or considered damaging or defamatory. If you breach any of the terms set out in these Terms and Conditions relating to the use of or dissemination of information from the Services, you agree to indemnify in full CheckFree against all liabilities, claims, costs and expenses which they may incur as a result.
You agree that any information you provide to us through your use of the Services will be accurate and that we may use any such information to provide and improve our products and services.
You confirm that you are registered under the Data Protection Act 1998 for the purposes of accessing and holding information about individuals for the purposes of assessing credit worthiness. You confirm that in accordance with the requirements of the Data Protection Act 1998, if the subject of your search is not a Limited company, it is your standard practice to notify the subject as to the purpose of the search and to obtain the subject's consent to a search being carried out with a credit reference agency which will keep a record of that search and will share information with other businesses. This includes any occasions when you may be making enquiries about the principal directors of a Limited company with a credit reference agency. You understand and agree that if at any time your Data Protection registration is allowed to lapse or is discontinued that you shall not access or attempt to access personal data from this or any other CheckFree service.
We may make a search with a credit reference agency, which will keep a record of that search and will share the information with other businesses. We may also make enquiries about the principal directors with a credit reference agency.
You are entitled to use the information on the Services for your own private personal use only. You may electronically copy and print in hard copy portions of the Services solely for your own private personal use. You may not use the Services or any part or copy of the Services for any commercial purposes. Any use or reproduction of the Services or any part of the Services (other than private personal use), or any modification, distribution, communication or republication of the Services or any part of the Services without the prior written permission of CheckFree is strictly prohibited.
Credits or prepayment allows access to services for the period specified at the point of purchase from the date of purchase. When an annual licence or subscription is purchased it entitles you to access the services covered by the licence or subscription for a maximum of up to 12 months from the date of purchase. When Credits are purchased with a monthly recurring subscription the Credits are valid until midnight on the same day of the following month. Unused Credits are not carried forward beyond their expiry date.
When Credits are purchased or a prepayment is made for our services it is understood that Credits or prepayments are not refundable under any circumstances. It is also understood that the purchase of Credits or licences does not guarantee continued availability of any product or service or customer support services and CheckFree reserves the right to amend or withdraw any product or service at any time. It is also understood that if any licence is offered as a renewable licence for a period exceeding 12 months the provision of the service at the price stated beyond the initial 12 month period is subject to you agreeing to continue using the service and paying the licence fee stated and CheckFree agreeing to provide the service for the licence fee stated and if either party does not wish the licence to be renewed either party may decline to renew the licence and no further licence fee will be payable in respect of that licence. The purchase of Credits or licences does not obligate CheckFree to provide you with customer support services. Any 'unlimited' or 'uncapped' licences or subscriptions are subject to fair usage and will either be capped at double the number of reports you indicate as your annual usage or capped at a number agreed with you, or if you do not indicate any figure in writing we will cap the number of reports at 5,000. Reports are solely for your own use and you may not resell or redistribute any reports under any circumstances. CheckFree reserves the right to withdraw or terminate your use of the service at any time if in the opinion of CheckFree the number of reports taken has exceeded an amount that CheckFree considers reasonable and in these circumstances CheckFree may at its own discretion refund the amount you paid for your subscription or licence less an administration fee to cover data costs and administration of 50p for each report accessed by you during the period covered by your subscription or licence up until termination of access.
If Credits are added to your account or your licence period is extended or renewed in advance of payment you agree to settle invoices within our standard credit terms which are 14 days from date of invoice. If you have any dispute or query in respect of any invoices you agree to notify us in writing within 7 days of the date of the invoice.
Unless otherwise specified and agreed by us in writing, any discount or other incentive which has been marketed or advertised by us or by our agents is understood to be restricted to being claimed only once and to apply to one transaction only at the time the discount or incentive is first claimed. You may not claim or attempt to claim any discount or other incentive more than once (either directly or indirectly or through a third party including any group or related company, business, firm or organization). If you do receive any discount or other incentive to which you were not entitled, you agree that you will pay the amount equivalent to the discount or incentive received as calculated by us, within 14 days of our request for payment. CheckFree may terminate, withdraw, or amend any special offer or promotion at any time at its absolute discretion and may elect not to offer any discount or other incentive which has been marketed or advertised. With regard to your eligibility to receive any offer or discount or other incentive you agree that the decision of CheckFree is final and conclusive.
Our secure payments are processed by WorldPay and when making a recurring payment transaction you should receive emails from Worldpay with login details which enable you to cancel the agreement on their system. You may also request us to cancel future recurring payments by logging in to your user account on our website, and from the menu bar select My Account, then My Tickets, and Create New Ticket to request cancellation. The ticket request will record your request for cancellation. If you are unable to login to your account to raise a cancellation ticket you should contact us to ensure that further payments are not taken.
You agree that CheckFree may contact you by email for the purposes of providing services or information about the services. If you do not wish to receive any communication by email you may contact CheckFree and ask to remove your email address from your account records although you agree that by so doing CheckFree may not be able to provide you with the services which require an email address. You agree that any information you provide to us through your use of the Services may be used by us to provide or improve our products and services.
We may use tracking and statistical research tools such as Google Analytics when you visit our website to help us understand visitor interaction with our website.
If you use the Service to access personal data as defined by the GDPR you shall at all times abide by any and all requirements that apply to you or your organisation under the GDPR. You acknowledge that the GDPR includes specific requirements in respect of data breach prevention and data breach management. You will cooperate and assist CheckFree in fulfilling its obligations under the GDPR in respect to your use of the Services. You agree to indemnify in full CheckFree against all costs, claims, demands, losses and expenses which it may incur as a result of or in connection with you not complying with any or all of the requirements that apply to you or your organisation under the GDPR.
The data, information and material contained in the Services, all Web site design, text and graphics and the selection and arrangement thereof and all software used to operate the Services and the trademarks, logos and other intellectual property used in connection with the Services are the property of CheckFree. No licence of any such intellectual property rights is granted to you as a result of your use of the Services. Other product and company names mentioned in the information provided in the Services may be the trademarks of their respective owners.
CheckFree is operated by First Report Limited, a limited liability company registered in England and Wales, company number 2456252 with a Registered Office address at Units 4 & 5 Brightwell Barns, Waldringfield Road, Ipswich, Suffolk, IP10 0BJ.
This agreement constitutes the entire agreement and understanding between CheckFree and you. It supersedes any previous agreement or understanding and may not be varied except in writing between us. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected.
Any dispute arising under or in connection with this agreement or the Services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The British Computer Society in accordance with the rules of The British Computer Society.
This Agreement shall be governed and construed in all respects in accordance with English law and the parties irrevocably agree to submit to the sole and exclusive jurisdiction of the English Courts. The Services are not directed at people in any other country and should not be relied upon by people of any country other than the United Kingdom. You are responsible for compliance with the laws of your local jurisdiction regarding the use of the Services.