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1. Format of the Contract
a. These Terms and Conditions apply to your use of the website and to the Service provided by us to you on the website
b. No contract exists between us for the supply of the Service until we have received and accepted your Registration and Payment has been successfully authorised. Once these stages have been successfully completed, there is a binding legal contract between us.
c. We reserve the right to change these Terms and Conditions at any time without notice to you and the amended Terms and Conditions will be posted on our website. Updated versions of these Terms and Conditions will be effective when they are posted on our website. Therefore, it is important that you check these Terms and Conditions regularly. If you use the website after we have notified you of the changes to these Terms and Conditions (either by email or on the website), you agree to be bound by those changes. In the event that you do not agree to be bound by the changes, then you should not use the website any further and cancel your Agreement with us in accordance with Section 8.
2. Definitions
Several words and phrases used in these Terms and Conditions have particular meanings, which are detailed below:
Agreement - the contract between you and us, which incorporates these Terms and Conditions.
Annual/Year/Yearly - each twelve calendar month period commencing upon successful Registration and each anniversary of successful Registration.
Experian – Experian Limited (registered in England and Wales with number 653331), a leading credit reference agency
Fee - the fees for the Service as advertised on the website and confirmed to you during Registration, when you request them or at the point of renewal.
Month/Monthly - each one calendar month period commencing upon successful Registration and each one calendar month period commencing upon each anniversary of successful Registration.
Name - the name specifically requested or allocated to you upon Registration and shall include any email address allocated to you.
Payment Card - the details of the credit or debit card that you specified during Registration or that is currently active after subsequent amendment by you.
Registration – successful completion of your application to register for the Service using the website.
Service - the online provision of credit report monitoring. The setup and creation of credit monitoring services will commence immediately once Registration has been completed in accordance with these Terms and Conditions.
Us, we or our - Identity Alarm Limited (registered in England and Wales with number 06555229)
website - the Internet website at address www.identityalarm.co.uk or another Internet website from which we choose to provide the Service.
you or your - the person named in the online registration form.
3. Registration
a. Before provision of the Service can begin you must complete Registration. The following applies to Registration :
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The Service is an online subscription, either Annual or Monthly, subject to availability, to our credit monitoring service.
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You are agreeing to these Terms and Conditions by completing Registration or accepting any changes notified to you in accordance with Section 1. Please note that you will be required to also accept separate terms and conditions with Experian for the supply by Experian of your statutory credit report produced under Section 7 of the Data Protection Act 1998.
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The Fee payable by you for the Service will be confirmed during Registration and shall be payable in accordance with Section 5 of these Terms and Conditions. You agree to pay all Fees to us in pounds Sterling using an authorised Payment Card in your own name.
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During Registration and prior to receiving the Service you must provide us with accurate and complete information including your full name, date of birth (you must be over 18 years of age) and address of residency details. It is your own responsibility to inform us of any changes to the details that were provided during Registration (including your Payment Card and email address) by logging into the members' area and selecting Change of Details
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Registration is for a single person only. During Registration you will choose a username. We do not allow sharing of usernames or usernames being accessed by multiple users on a network.
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You are responsible for the use of your username on the website by you or any other person and for ensuring that unauthorised use of your username does not take place. In the event that you suspect unauthorised use of your username has taken place then you must notify us immediately by
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A secure personal identification code will be posted to the address you provided at the time of your Registration. You will not be able to access the website for the first time until you enter this code along with your user name and password.
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After Registration and for the duration of the time that you have access to the Service, you agree to comply with the Computer Misuse Act 1990 and/or the Data Protection Act 1998. You agree not to attempt to obtain information about any person other than you when using the Services.
4. Duration This Agreement will commence upon successful completion of Registration, which includes successful authorisation of Payment. When we accept your Registration we will send you an automatically generated email confirming that you have successfully registered for the Service. If this Agreement is not cancelled in accordance with Section 8 below, this Agreement will continue indefinitely.
5. Payments a. By agreeing to these Terms and Conditions you authorise us to use your Payment Card details to verify your identity and to set up your use of the Service. b. The authority in favour of the Payment Card will remain in force until it is cancelled by you in writing. Cancellation of the authority in favour of the Payment Card will be considered as a request by you to terminate this Agreement.
c. We are not liable for any bank fees or overdraft charges if your Payment Card account contains insufficient credit or funds when the Fee is processed and charged to the Payment Card.
d. For Annual subscriptions, fees in relation to the Service will automatically be debited from the Payment Card on the first day of the second and each subsequent Year, for the duration of this Agreement unless this Agreement is cancelled in accordance with Section 8 below. For Monthly subscriptions, subject to availability, fees in relation to the Service will automatically be debited from the Payment Card on the first day of the second and each subsequent Month for the duration of this Agreement, unless this Agreement is cancelled in accordance with Section 8 below.
6. Service Provision
a. The Service will be provided for the duration of this Agreement, provided that we receive the Fees, unless the Service is cancelled or suspended in accordance with Section 8 below. However, there may be occasions when the Service may be unavailable, in particular when our computer systems used to provide the Service are under repair or maintenance. Credit report monitoring will include unlimited online access to your credit report.
b. By ordering a copy of your credit report you will receive from Experian the information that could be taken into consideration by a lender including public information and financial details. You acknowledge that your request for a copy of your credit report is a request to Experian for supply of the statutory credit report produced under Section 7 of the Data Protection Act 1998. The Service will also give access to articles and will provide weekly alerts if there are changes in any of the following categories:
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After any additions or deletions of credit accounts
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After a change in the payment history of a credit account
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After the addition or deletion of a CCJ (County Court Judgement)
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After a search is made of your credit report
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After an addition or deletion of a Notice of Correction;
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After an account has been settled
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After a significant balance change on any revolving credit accounts opened in the last six months.
c. Experian is only able to provide you with a copy of your own credit report.
d. Experian will retain a record of each request for your credit report and this information will be included on any future reports that are provided at your request. This information will not be visible to any lenders and will not be considered for any lending decision.
e. We are continually striving to make improvements to the Service. We may, at our discretion, modify or discontinue a portion of the Service, provided such changes do not materially reduce the nature of the Service we provide to you. If such changes materially reduce the Service, you may cancel the Service in accordance with Section 8 below.
f. All transactions that take place on the website are protected by secured socket layer (SSL) and firewall technology and are encrypted to a minimum of 128 bits.
7. Use of Information
a. All information provided by us to you during the course of providing the Service ("the Information") belongs to us, Experian or our licensors. Any use of Information that is not in accordance with this Agreement entitles us to cancel this Agreement.
b. You may view the Information on a computer screen or take reasonable copies of the Information or store the Information in an electronic format on a computer provided that the Information is only used for your own personal and non-commercial purposes at all times.
c. You may not reproduce, modify or in any way commercially exploit any of the Information, except as stated above. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from us: (i) Redistribute any of the Information; (ii) Remove any copyright or trade mark notice applied to any of the Information; (iii) Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Information.
d. Experian will take steps to verify your identity, for security reasons and to protect confidentiality, by checking the details that you provide during Registration. A record of this check will be kept by Experian.
8. Cancellation
a. You may cancel the Service and this Agreement subject to the conditions stipulated in the remainder of section 8 below. However, because we begin to set up and provide the Services immediately following completion of Registration, you will not be permitted to cancel this Agreement as provided by regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000.
b. If you cancel the authority for us to charge the Fee to the Payment Card, we will treat this as a request by you to cancel this Agreement.
c. In relation to the credit report monitoring services you will not be entitled to receive a refund of all or part of the Fee. Your cancellation must be communicated by contacting our Customer Service department by telephone (see Contact Details). For Annual subscriptions, you will not be eligible for a refund of any amount you have paid of your current Year's subscription fee and you need to cancel at least one calendar month prior to the anniversary of the Registration date, or your subscription will continue for the following year. Monthly subscriptions, subject to availability, are also subject to a minimum term of three months. For monthly subscriptions, you will not be eligible for a refund of any amount you have paid of your current Month's subscription fee, or a refund of any fees within the first three months. After the initial three month minimum term, cancellation before the 31st day of the next Month is required or your subscription will continue for the following month.
d. We have the right, at our discretion, to suspend or cancel your Registration, use of the Service, this Agreement and/or provision of Information immediately if we notify you that we have reasonable grounds to suspect that any information provided by you either before or after Registration is untrue or inaccurate or when there is any use of your Name which is not in accordance with these Terms and Conditions.
e. We may also suspend or cancel your Registration and terminate your use of the Service with immediate effect if we notify you that (i) we reasonably believe that your use of the Services is excessive or is likely to degrade the performance of the Services for other members subscribed to it (ii) you have committed a serious breach of these Terms and Conditions or (iii) if you become bankrupt.
f. We may also cancel your Registration and terminate your use of the Service, by giving notice to you provided that such termination will not take effect until the end of the current Year (for Annual subscriptions) or at the end of the third month (for Monthly subscriptions that are still within the three month minimum term), or at the end of the current Month (for Monthly subscriptions after the three month minimum term.)
9. Limitation of Liability
a. Nothing in these Terms and Conditions affects any statutory rights you may have as a consumer. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions and in particular the provisions within this Section 9 excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
b. We will use reasonable endeavours to verify the accuracy of Information on the website or any Service communication but make no representation r warranty of any kind (whether express or implied, statutory or otherwise) regarding the contents or availability of the website or any Service communication or that they will be error-free, that defects will be corrected, or that the website or the server(s) that make it available are free of viruses or bugs or are compatible with any hardware and/or software you use or represents the full functionality, accuracy, reliability of the website.
c. We accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website or included in any Service communication. Except as otherwise stated in these Terms and Conditions we will not be liable whether for the breach of contract, negligence or otherwise for any direct or indirect economic losses you may incur (these include without limitation any loss of revenue or loss of income); or any indirect, special or consequential losses arising out of or in connection with the provision of the Service whether these losses were foreseeable or not at the time you registered for the Service.
d. We will use reasonable endeavours to ensure that the Information provided to you is up to date and accurate. However, we rely on information from various third parties to put together the Service and do not accept liability for any losses you may incur due to the details of any Information not being up to date or accurate.
e. We give no conditions, undertakings or warranties, except as expressly stated in these Terms and Conditions (whether express or implied) in relation to the Service provided under or connected with these Terms and Conditions.
f. Our total liability to you (whether in contract, tort or otherwise) for any loss or damage arising out of your use of the Service will be limited to the amount paid by you for such Service.
10. Privacy
We treat privacy issues with the utmost importance and aim to comply with the relevant provisions of UK data protection legislation. Any Information given by you to us or is collected by us during your use of the website is only used in accordance with the conditions of our Privacy Policy. Please note that you will be required to also accept a separate Privacy Policy with Experian for the supply by Experian of your statutory credit report produced under Section 7 of the Data Protection Act 1998.
This website also contains links to other websites, either directly or through frames and, where possible, we will make clear where such links are being made. The availability of any third party material does not constitute any form of recommendation, endorsement or publication of such third party material by us. Those websites are provided by independent third parties and we are not responsible for their availability or content. Any arrangements made between you and any third party named on this website or linked to from this website are at your sole risk and responsibility.
11. Third Party Rights
Only you ,we and Experian have legal rights under these Terms and Conditions. Under the Contract (Rights of Third Parties) Act 1999 no other parties will be able to enforce any part of the Terms and Conditions.
12. Law
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These Terms and Conditions shall be governed by and understood in accordance with English law.
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You and we agree that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement.
13. General
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The contract for the Services can only be concluded in English.
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The rights that are granted in this Agreement are specific to you alone. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
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If a court finds any part of these Terms and Conditions to be invalid, such part will be deleted and the remaining parts of these Terms and Conditions should be unaffected.
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If either of us fails to exercise any right or legal remedy available to either you or us any such failure shall not prevent you or us from relying on these at a later date.
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The headings used in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
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If you need to speak to us about any aspect of these Terms and Conditions please
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Additional Information:
The Service is supplied by Identity Alarm Limited (Registered Company Number 06555229; Registered Office: 13 Railway Street, Huddersield, W Yorkshire HD1 1 JS) [VAT Number: 910 095358]
The current price that you will pay for the Service is shown on our website and will be clearly displayed prior to you confirming the Agreement during Registration.
The credit report monitoring service can be taken out on an Annual or Monthly subscription, subject to availability, and details will be stated on the order page during Registration. For an Annual subscription, you will pay for one Year's subscription. At the beginning of the second and each subsequent Year you will pay for a further Annual subscription for that Year unless you cancel the Service in accordance with our conditions of cancellation. For a monthly subscription you will pay for one Month's subscription for each of the first three months, as all monthly subscriptions are subject to a minimum term of three months. At the beginning of the fourth and each subsequent Month you will pay for a further Monthly subscription for that Month unless you cancel the Services in accordance with our conditions of cancellation.
You may cancel the Services in accordance with our conditions of cancellation. More details are included in Section 8 of these Terms and Conditions.
In the unlikely event that you need to contact us regarding a complaint you may contact us by post (Identity Alarm, PO Box 496, Blackburn, BB2 9DP) or by
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