Go Smart Online Card Checking Service - Terms and Conditions of Use

 

References to ‘we’, ‘us’, ‘our’ and ‘Licensor’ are references to Reference Point Limited a company registered in England & Wales with registration number 02156356 and registered office at Shire House, West Common, Gerrards Cross, Buckinghamshire, SL9 7QN.

References to ‘you’, ‘your’, ‘yours’ and ‘Licensee’ are references to the person accessing the Service.

Acceptance

You must read and accept the terms and conditions set out below before you are entitled to access and use the Services by clicking on the 'Accept and Continue' button.

By accessing and using the Services and/or the website you agree to become (and are deemed to have become) bound by the terms and conditions set out below.

This is an agreement made between Reference Point Limited and you. It governs your use of the website and your use of and access to the Services.

By clicking the 'Accept and Continue' button you accept and the Licensor grants you ('the Licensee') a non-exclusive, non-transferable limited temporary right, without the right to grant sublicences, to access and use the Service strictly in accordance with the terms and conditions of this agreement.

Your obligations

You warrant that you will only access and use the Services:

  1. in accordance with all applicable laws including the Data Protection Legislation; and
  2. where you have a bona fide reason and legitimate business purpose to conduct a check of the relevant individual or individuals whose personal information is held on the database of the Card Scheme you are searching against.

You undertake that any necessary notices, consents and authorisations are in place in respect of the personal data of Cardholders to allow you to input their personal data into the Service and retrieve and process their Cardholder data prior to the input by you of their personal data into the Service.

You acknowledge and agree that we may at our sole discretion place limits we deem suitable on your search rate in order to monitor potential abuse.

We may make changes to or withdraw these terms

Our website and Service is made available free of charge and we reserve the right to suspend, restrict, amend or withdraw the Service and/or the website without notice.

We may at any time revise these terms and conditions, in whole or in part, without notice. You agree to review the terms and conditions regularly and your continued use of this website following the posting of any changes will signify your acceptance of such changes.

You are also responsible for ensuring that all persons who access our website and/or Service through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

How we may use your personal information

We will only use your personal information as set out in our privacy notice (below) which applies to your use of the website and which we recommend you read before using the Service.

We are not responsible for websites we link to

Where the website contains links to the other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or approve any third party website nor the content thereof made available via the Services.

Limitation of Liability

  1. Except to the extent that such liability cannot be excluded by law, you acknowledge and agree that we will not be liable to you or to any other person for damages or otherwise for:
    1. The legality, accuracy, integrity, reliability or quality of the information or content of the website, Service or database;
    2. The results obtained from your use of the Service and for conclusions drawn from such use;
    3. Problems including compatibility and damage or corruption of your hardware, software or installation;
    4. The security of the website including any message sent by you to us or any message sent by us to you over the internet;
    5. Any vulnerabilities or errors in the Service;
    6. Interruption in availability or errors of the website;
    7. The website or database content failing to meet your requirements; or
    8. The accuracy, functionality or performance of any third party software that may be used in connection with the website.
  2. You acknowledge and agree that Reference Point Limited provides the Service on an “as is” basis and that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
  3. Nothing in this agreement excludes the liability of Reference Point Limited:
    1. for death or personal injury caused by Reference Point Limited’s negligence; or
    2. for fraud or fraudulent misrepresentation.
  4. Subject to clauses A) and B) above:
    1. we shall not be liable whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect, incidental or consequential loss, costs, damages, charges or expenses however arising under this agreement or in connection with use of the Services and even if advised of the possibility of such damages; and
    2. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of contemplated performance of this agreement shall be limited to £50 (fifty pounds sterling).
  5. You acknowledge and agree that the limitations contained in this section (Limitation of Liability) are reasonable in light of all the circumstances, including (without limitation) the fact that no charge is made to you for your use of and access to the Service.

Intellectual Property Rights

The Licensor or any relevant third-party owners (as the case may be) shall at all times remain the sole owner of all copyright and other intellectual property rights and proprietary rights subsisting in or used in connection with the Service and the website.

Indemnity

You agree to indemnify, keep indemnified, defend and hold harmless at your own expense the Licensor against all costs, claims, actions, proceedings, damages or expenses incurred by the Licensor or for which the Licensor may become liable due to any failure by you or your employees or agents to comply with any of your obligations under the terms of this Licence.

Termination

The Licensor may terminate this agreement at any time if the Licensee is in breach of any of the terms and conditions of this agreement.

Either party may terminate this agreement for convenience at any time.

Severance

In the event that any provision is void or unenforceable, such part shall be severed from this Licence and remainder shall be valid and continue in full force and effect.

No Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Transfer

We may transfer our rights and obligations under this agreement to another organisation.

Third Party Rights

This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Governing Law and Jurisdiction

This agreement shall be construed in accordance with and governed by English law and subject to the exclusive jurisdiction of the English courts.

Interpretation

“Card”

means a card of a Card Scheme

“Cardholder”

means the person to whom a Card has been issued.

“Card Scheme”

means the CSCS card scheme or other card scheme that has been authorised by CSCS and us to participate in the online card checking service.

“database”

means the CSCS database or the database of another authorised Card Scheme as the case may be.

“Data Protection Legislation”

means all applicable data protection and privacy legislation in force from time to time in the UK including the Retained Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“data subject”

has the meaning as defined in the Data Protection Legislation.

“personal data”

has the meaning as defined in the Data Protection Legislation.

“Services” “Service”

means the online card checking service provided by us to you under this agreement via the website, or any other website notified by us to you from time to time.

“website”

means www.gosmart.co.uk