Terms of Use

agechecked.com Age-Check Service

 

Please read these Terms carefully and make sure that you understand them, before opening an Age-checking Account with us.

Please note that by applying for an Age-Check Account, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to apply for an Age-checking Account with us or make use of the Services.

We recommend that you print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in Section 4. Please review all the revisions to these Terms to ensure you understand the current Terms, which will apply at that time and going forward.

These Terms were most recently updated on 3rd Nov 2015.

These Terms may be made available in multiple languages. If there is ever any conflict in interpretation between the language versions, the English language version will supersede. In addition, if there is any conflict between the content available on the Website with these Terms, then these Terms will supersede and prevail.

1)              Definitions

Account - a service that is provided by agechecked.com, to enable the Member to login to Merchant sites with their username and password, rather than have to enter personal details on a Merchant site.

Age-Check – An action performed by agechecked.com to ensure that an individual is over the legal age of consent

Age-check Tool – a website tool that is provided by agechecked.com, for the use on the Merchant’s site, for checking a Member’s age.

Member - a consumer who has an active Account with agechecked.com.

Merchant - a business that sells services using our Services.

Network – the group of interconnected Members and Merchants utilising the agechecked.com platform.

Password - an alpha-numeric code provided to you together with your Username in order to access your Account on our Website.

Security Details - Your Username and Password.

Services - all Age-Check services through the use of their Account and/or the Website.

Suspension- an Account status in which a Member’s Account is placed on hold and for which the Member will not be able to use any of the Services.

Terms – all the sections and clauses in this Agreement.

Termination (variations thereof) - an Account status in which a Member’s Account is closed and Services are discontinued for the Member in accordance with these Terms.

Transaction/s - an activity using our Services charged according to the fees outlined in Schedule A: Pricing and Settings.

Username - the identifier provided to you when opening an Account to access your Account on our Website.

Website - the website at agechecked.com and its subdomains or any such other website through which we may offer the Services from time to time.

AgeChecked/we/us/our/AgeChecked Ltd. - agechecked.com, its officers, agents, subsidiaries, affiliates, joint ventures, employees, partners, providers, and suppliers.

2)              Information about Us

a)                We are Agechecked Ltd. (“AgeChecked”), a limited company registered in England and Wales under company number 10016216. Registered office: 161-165 Farringdon Road, London, EC1R 3AL. We operate the website agechecked.com (our Website) and its subdomains.

b)                We provide age verification services.

c)                 We are an independent contractor. We do not have control nor assume liability for any of the Merchants’ services that are available on websites to which AgeChecked provides age verification services.

d)                We may be contacted via email cs@agechecked.com or via the Website.

3)              Your Responsibility and the Key Risks

a)                Responsibility. It is ultimately your responsibility that, by accessing a site that is using agechecked.com age-checking service, you are not breaching any applicable legislation, statute, ordinance, contract or regulation that would be contrary to applicable laws, regulations or public policies. We will not be liable to you or any third party in relation to any activity that might occur on a Merchant site.

b)                Your details. The information that you provide us for age-verification must be accurate and your personal information alone.

c)                 Unauthorised access. It is very important to contact us immediately if you believe your Account has been compromised.

4)              Our Relationship with You

a)                Our right to vary these terms. We may revise these Terms from time to time. We will give you 14 days notice before implementing any changes to the Terms and we will inform you of what specific changes have occurred to the Terms. Where the changes or updates are required sooner by an applicable law, a regulatory agency or an Association, we will provide you with notice of the changes through the Website or via email as soon as commercially practicable. At expiry of the notice you will be required to expressly consent to the new Terms in order to continue to use the Services. If you do not do so within 14 days of the expiry of the notice, these Terms will automatically terminate and the terms of Section 15 will apply. In the event that we introduce a new feature or service we reserve the right to introduce the new service without necessitating a change of the Terms. Whenever we revise these Terms you will find the effective date of the Terms at the top of this page.

b)                How we use your information. By accepting these Terms you consent to our use of your personal information in accordance with our Age-check Privacy Policy. Please take the time to read this Policy, as it includes important terms which apply to you.

c)                 Our Website Acceptable Use Policy. By accepting these Terms you agree to the specific terms of our Website Acceptable Use Policy.

d)                Communications between us. When we refer, in these Terms, to "in writing", this will include e-mails or notices posted in your Account. If you wish to contact us for any reason please refer to the details provided in Section 2. If we have to contact you writing, we will do so by notices posted in your Account or by email if you have enabled your email to be stored by us for communication purposes.. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent, or notice posted to your account. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee or in the case of a notice posted to your Account that the notice has been delivered. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action. Please note that we are not liable for any notice not received by or delivered to you if you have failed to provide us with corrections or updates to your email address.

5)              Eligibility

a)                In order to be eligible to apply for an Age-check Account with us you must:

i)        agree to all the Terms, including but not limited to the Warranties (as outlined in Section 6 and the liability limitation provisions contained in Section 10);

ii)      be at least 18 years of age;

b)                We reserve the right to review your Age-check Account details and all aspects thereof at any time. Any such review may require you to provide further documentary evidence to us.. We may Suspend or Terminate your Account if the requested documentary evidence is not provided, or we determine in our entire discretion that it is unsatisfactory, or if it does not comply with these Terms.

6)              Warranties

a)                You represent and warrant that all of the following are true of you, from your entry into these Terms until the Termination of your Age-check Account and will advise us immediately if any of them cease to be true:

i)        you have the legal capacity to enter into these Terms and perform the obligations represented within it;

ii)      the details you have provided to us are accurate and up to date;

iii)     you do not require the consent, approbation or approval of any other person or entity to conclude a contractual obligation of the type represented in these Terms;

iv)     you will not permit or authorise any other person or entity to use the Services;

v)       you will refrain from using abusive and vulgar language with our employees, whether through email, phone or live chat support. Abusive conduct will not be tolerated and will result in Account Termination.

7)              Account Information

a)                Upon acceptance of these terms and conditions, your account will be set up on the agechecked.com Network, and you will be able access the following Services:

i)        Verify your age on Merchant sites;

ii)      change/update username;

iii)     change/update password.

iv)     Access a Messages feature which allows you to read messages sent to your account by us and to send us messages

 

b)                Your Account is only to be used by you. You may not share the Account with any other third party (individual or entity).

c)                 Any queries, complaints or disputes regarding your Account or any aspect related to it must be directed first to Customer Support and not any other third parties. You may contact our Customer Support : cs@agechecked.com.

8)              Actions by agechecked.com

a)                Suspension or Termination of your Account. We reserve the right to Suspend your Account or Terminate these Terms with no prior notice for any of the following conditions/reasons:

i)        If we suspect or reasonably believe that you are allowing someone other than yourself to use your agechecked.com account or to avoid age verification by a Merchant;

ii)      If you have acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of such behaviour;

iii)     If we reasonably believe that you have used or are likely to use the Services, or allow them to be used, in breach of these Terms or to commit an offence;

iv)     If we suspect that you have provided false or misleading information;

v)       By order or recommendation of the police or any relevant governmental or regulatory authority;

vi)     If you violate these Terms in any way;

vii)    If you fail to accept a revision in these Terms within 14 days of the expiry of a notice of change.

9)              Exclusions

a)                No warranties. We provide the Services "as is" without any warranty or condition. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services, in particular, we make no representations or warranties regarding the amount of time needed to complete an Age-Check because our provision of the Services is dependent upon many factors outside of our control. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

b)                We may withdraw or add Services. We are under no obligation to maintain certain features on the Website, in particular, we reserve the right to withdraw or to add Services at our discretion and subject to due notice being given to you under these Terms.

10)          Liability

a)                Under no circumstances whatsoever will either of us be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our Website, the Services or Agreement for:

i)        loss or corruption of data, information or software;

ii)      special, incidental damages or loss; or

iii)     any indirect or consequential damages or loss.

b)                You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made or incurred by any third party due to or arising out of your breach of these Terms, or by your violation or breach of any law or third-party rights related to your use of the Services.

11)          Termination

a)                We both have the right to Terminate this Agreement at any time.

12)          Complaints

a)                If you are not satisfied with any of the Services you receive under these Terms, please contact the Customer Services team on support@agechecked.com

13)          Other Important Terms

a)                This is the entire Agreement. These terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in these Terms.

b)                We can transfer these Terms. We may transfer our rights and obligations under these Terms to another organisation without prior notice to you, but this will not affect your rights or our obligations under these Terms or relieve us of any obligation or liability to you under these Terms, unless you specifically agree otherwise in writing. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, which we will not unreasonably withhold.

c)                 No third parties. These Terms between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

d)                Separate terms. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

e)                No waiver. No waiver of any provision of these Terms, nor of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance, and such waiver will be effective only in the specific instance, and for the specific purpose stated in such writing. No waiver of breach of, or default under, any provision of these Terms will be deemed a waiver of any other provision, or of any subsequent breach or default of the same provision of these Terms.

f)                  Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation non-delivery, defective delivery of third party services necessary to provide the Services (including but not limited to those of our partners, vendors and suppliers), strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

i)     we will contact you as soon as reasonably possible to notify you; and

ii)    our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Services to you, we will keep you duly informed of when we expect that the Event Outside Our Control will be over.

g)                Jurisdiction. These Terms are governed by English law. This means that these Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

h)                Reliance on Age Check Tools. Our Age Check Tool uses a number of third party services in order to verify the age of a customer. We do not control the source of the data and there may be circumstances in which the data is not up to date or incorrect. We also rely on third parties to determine the location of the customer via the customer’s IP address and whether the customer is located behind an anonymous proxy. We cannot be held liable if our Age Check Tools return an incorrect result due to our reliance on incorrect data.

14)          Data Protection

a)                Where agechecked.com receives any personal data (as defined by the Data Protection Act 1998 (“the Act”)) from the Merchant it shall ensure that it fully complies with provisions of the Act and only deals with the data to fulfil its obligations under this Agreement.

b)                In fulfilment of our obligations under the Act we shall have such systems in place to ensure:

i)        Full compliance with the Act;

ii)      In particular, compliance with the Seventh Data Protection Principle which deals with the security of personal data; and

iii)     The reliability of all its employees who may be involved in processing the personal data.

c)                 We shall take all reasonable steps to ensure that all our partners, contractors and agents comply with this clause where they are processing data.

d)                We will allow reasonable access to such information as is necessary to ensure that we comply with the above provisions and the Act as a whole.