TERMS OF SERVICE

Last Updated: 20-08-2020

Kindly note that by using this website/app (“Platform”) you agree to be bound by the Terms of Service set out below including the Binding Arbitration Clause set out in Section (10) herein. The terms herein include substantial waiver of your rights, limitation of our liability, express warranties by you, and indemnification for us. Under section (10) you waive your right to approach the court with respect to any dispute that may arise from your use of our Platform (as defined herein) or services. In case of a dispute, all rights herein shall be determined by a neutral arbitrator and not a judge or jury. All claims brought against Us shall be brought strictly individually and not as class or representative actions. We strongly advise you to carefully review Section (10). Ignorance to the Terms of Service stated herein shall not absolve you from any claims, responsibility or liability in case of breach of any of the terms herein or any of the other supplementing terms of service, terms and conditions or terms of use or any such other agreements provided on this Platform (Website/App).

www.deepcheck.one (“Website”), DeepCheck mobile application (“App”) and all other related websites, platforms, forums, software and applications hereinafter collectively referred to as the "Platform", are owned and operated by Conqorde LTD, a company registered in England and Wales with its offices at 27 Old Gloucester Street, London, referred herein as Us/We/Our.

Please read the following Terms of Service carefully. These Terms of Service, along with the Privacy Policy and other supplementing terms of service documents, govern your access to and use of the Platform including this Website/App, and the use of any content, information, products and/or services (the “Services”) therein. This is a legal agreement between you and Conqorde Ltd. (“Conqorde”) also referred in this Agreement as “We/Us/Our”.

1. NATURE OF THE PLATFORM & NO GUARANTEES

  • 1.1. We offer services as listed or offered on the various sections of the Platform including but not limited to services safeguarding your financial and business interests like SafePay, Check the Invoice & Supplier, Internal Fraud Check, Onboarding/AML/KYC, among many other similar services.
  • 1.2. All the services offered on our Platform including but not limited to fraud detection, verification, malware detection or any other kind of vetting, security, detection or verification services, are without any guarantees of perfection. While we do try to achieve 100% results, owing to the complex nature of technologies used by us, and the ever-changing methods utilized for fraudulent, illegal or unauthorized activity or malware development, we do not guarantee that we will be successful in detecting 100% of the malware, or fraudulent or unauthorised attempts, or that all the verifications made by us will be true and perfect, or that no harm will be caused by any malware, or fraudulent or unauthorized attempts which goes undetected by us or a verification which is flawed.
  • 1.3. We shall, under no condition, unless as expressly provided herein, shall be liable to you in connection with any loss or claims arising out of your use of the Platform or services including without limitation loss of profits, loss of business or anticipated savings, loss of clients or potential clients, loss of any data or information, corruption of any such data or information, loss or damage to goodwill or any other direct or consequential loss.
  • 1.4. We may change the description or features of any Services offered on the Platform after providing reasonable notice of the same to you.
  • 1.5. The quality and the time for our services may be adversely affected by factors such as volume on our Platform and we do not guarantee that they will always be perfect or as expected.
  • 1.6. You hereby represent and warrant that:
    • a) You shall provide us with only true, accurate, and complete information;
    • b) You shall be solely responsible for selecting the Services you want to subscribe and the setting under those services;
    • c) You shall cooperate with us in all matters related to the Services or your use of the Platform;
    • d) You shall provide us with all the information, records, or materials that we need to provide the Services and ensure their completeness and accuracy;
    • e) You shall not attempt to procure any services that are competitive to our Services or our Platform from any of our partners, directors, employees, agents, affiliates, or consultants, during the period of your use of our Platform and for a period of twelve (12) months from the termination of your use of our platform and Services; and
    • f) Your use of the Platform and the Services shall be at your sole risk.
  • 1.7. In case, our ability to provide any Services is affected by any default or non-performance on your part, we shall have the full right to suspend such services till such a default or non-performance is remedied by you, or to terminate your use of the services or Platform without any refunds. We shall not be liable for any delays or losses incurred due to any defaults on your part, but you shall reimburse us for any losses or damage suffered by us due to any such defaults on your part.
  • 1.8. By using the Platform, subscribing to Services and/or placing an Order or uploading/downloading any other content, you agree to be bound by the Terms of Service set out herein.
  • 1.9. Nothing in this Agreement shall be construed or deemed to create an employment or agency relationship, partnership or joint venture between the parties.
  • 1.10. If you do not agree to be bound by these terms of service herein, please do not use or access the Platform or any website/app under it.
  • 1.11. From time to time, it will be necessary to update the Terms of Service. We reserve the right to revise, modify or change the Terms of Service at any given time and may notify you of the same if the changes are of significant importance and affecting the model or functioning of the Platform. You shall be bound by the most recent and the present version of the Terms of Service on the Platform.
  • 1.12. We may process your data, as set in our Privacy Policy, for carefully considered purposes which enable us to enhance the service we provide. For the sake of clarity, this refers to the processing of personal data such as, but not limited to, names, email addresses, financial data provided by you for the performance of our services, and IP addresses for the purposes of analysing how the Platform is used by the visitors and for the distribution of emails relating to the Service.
  • 1.13. The use of our Services and the Platform may also be available through other means such as mobile websites or applications. Any access or usage to our sites, through any means including the ones mentioned here, shall mean that you agree to enter into this Agreement and be bound by the Terms of Service provided herein.

2. WARRANTY

  • 2.1. You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement by using the Platform. You acknowledge that you have read and understood the Privacy Policy and Terms of Service (herein) and any other provided terms of service or use, as more fully described on the Platform, and by using the Services and the Platform you have expressly accepted the terms of service set forth in such Privacy Policy, Terms of Service (herein) as same may be amended from time to time. If you use the services on behalf of another person like a minor or an entity, you represent that you are authorized by such person to accept the Terms of Service on such person’s behalf, and have the right and authority to bind such person/entity to the Terms of Service herein.
  • 2.2. You shall defend and indemnify Conqorde and any of its affiliates (including any employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, assignees and other representatives) and hold them harmless against any third-party claims or expenses and losses resulting from a breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys’ fees and expenses.
  • 2.3. There are no representations or warranties by Conqorde, express or implied, statutory or otherwise, other than as expressly set forth in the terms of service.

3. GENERAL

  • 3.1. The Platform and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Platform and Services, including, without limitation, applicable common law, Anti-Money Laundering and Anti-Terrorism regulations, and all other relevant statutes. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Platform and Services:
    • a) Disable, hack, circumvent or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any website/app content or materials;
    • b) Use any metadata, meta tags or other hidden text utilizing a Conqorde name, trademark, URL or product name;
    • c) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
    • d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Platform or Services to send altered, deceptive or false source-identifying information;
    • e) Upload, submit, post, email, or otherwise transmit, via the Platform or Services, any content or other material that is, in the sole opinion of Conqorde, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable;
    • f) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Platform, servers or networks connected to the Platform or the technical delivery systems of the Platform’s providers or break any requirements, procedures, policies or regulations of networks connected to the Platform;
    • g) Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Platform or Services;
    • h) Attempt to scan, probe or test the vulnerability of any of the Platform’s systems or networks or breach, impair or circumvent any security or authentication measures protecting and providing security for the Platform or Services;
    • i) Attempt to search, meta-search or access the Platform with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Conqorde or other generally available third-party web browsers (e.g., Google Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Platform to determine how a website/app or web page ranks;
    • j) Collect or store personal data about other users of the Platform or Services without their express and explicit permission;
    • k) Engage in identity theft, or misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
    • l) Use the Platform or Services to engage in any fraudulent, abusive or illegal activity, or in any manner not permitted by the Terms of Service or any other related documents governing your use of the Platform; or
    • m) Instruct or encourage any other individual to engage in any fraudulent, abusive or illegal activity, or to do any of the aforementioned activities under points (a-l) or to breach and/or violate any of the Terms of Service.
  • 3.2. You agree that the Terms of Service and the rules, restrictions and policies contained herein, and Conqorde’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Conqorde.
  • 3.3. Conqorde reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever.
  • 3.4. You agree that we have the right to monitor the Platform and any content uploaded or accessed by you from time to time and to disclose any information when it is legally or statutorily required to do so, or to protect the interest of our company, the Platform or our customers. However, we have no obligation to monitor the Platform. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
  • 3.5. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, upload or otherwise transmit through the Platform, including data, questions, comments or suggestions will be treated as non-confidential and nonproprietary.
  • 3.6. We have taken and will ensure all reasonable and appropriate measures, including encryption, to ensure that your data, information, or records are disclosed only to those specified by you. You agree and understand that the nothing on the internet is truly invulnerable or secure and we cannot, and do not guarantee that the information you have entered will not be intercepted by others and decrypted.
  • 3.7. You agree to keep your systems healthy and free from any Viruses, Trojans, Malwares or any other similar harmful programmes which could impact the safety of the Platform. You also agree to adopt reasonable practices to keep your passwords, and any other confidential data in your possession, safe.

4. REGISTRATION

  • 4.1. In accessing the Platform or certain resources on it, you may be asked to provide registration details. It is a condition of use of the Platform that all the details you provide shall be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Platform or any of its resources. We reserve the right to allow accounts on the Platform as per our sole discretion. All responsibility for any activity arising out of any account shall lie with the owner of the account, and any misuse or breach in the security of the account shall be notified to us at the earliest.

5. DISCLAIMER

  • 5.1. The materials, options, features and services on the Platform are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that the Platform, or any part of it including any websites or applications, will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in the Platform will be corrected. Information on the Platform does not create any professional relationship between you and Conqorde, should not necessarily be relied upon and should not to be construed to be professional advice from us.
  • 5.2. The information, financial or otherwise, contained in any articles or other products or services sold, provided or promoted on the Platform are intended to be educational. This information should not replace consultation with a competent professional. The content on the Platform is intended to be used as an adjunct to a rational and responsible way prescribed by an appropriate professional. Conqorde, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, sellers, publishers and assignees of the contents are in no way liable for any misuse of the material they contain.
  • 5.3. We have not reviewed all of the sites linked to the Platform and we are not responsible for the contents of any such linked site. The inclusion of any link trademark or other identification marks, does not imply endorsement by us. Use of any such linked web site is at your own risk.
  • 5.4. The materials or Services appearing on the Platform could include technical, typographical, or photographic errors. We do not warrant that any of the Services or materials on the Platform are accurate, complete or current. We may make changes to the Services or materials contained on the Platform at any time without notice. However, we do not make any commitment to update the Services or materials.

6. TERMINATION

  • 6.1. We may suspend or terminate your access to all or any part of the Platform including any account thereon, without notice, for any reason at our sole discretion including but not limited to reasons involving non-payment of fee, or unauthorized use of the Platform or Services.

7. LIMITATIONS

  • 7.1. In no event shall Conqorde its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services on the Platform, even if the company or the Platform or an authorized representative of the company/Platform has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, the respective liability of Conqorde, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees, is limited to the greatest extent permitted by such state law.
  • 7.2. Your sole and exclusive remedy relating to your use of the Platform shall be to discontinue using the Platform. Under no circumstances will we, or our affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees, be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our Platform, your Platform use, or the services, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our Platform shall not exceed the total payment made by you to us in the three (3) months immediately preceding the events giving rise to the claim or one hundred (£100) pound sterling, whichever is less; and such amounts shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms of service.

8. FEES AND PAYMENTS

  • 8.1. Unless otherwise provided all payments shall be debited from your account after the submission of relevant details by you and all such payments shall be in Pound sterling. The payment modes provided on the Platform shall be the only modes in which any payments or fees shall be accepted for any products or services offered on the Platform. Any third-party offerings may be paid for by accessing the payment modes and terms of such third-party providers separately.
  • 8.2. Our fee and prices may be excluding VAT and other taxes including any local taxes. At all such places you shall pay to us all the applicable taxes in the same transaction as paying the fee, or completing the subscription or order.
  • 8.3. You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed on the Platform or assessed by our assessor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies. You agree to assist us and provide us with any required proofs or documents to contest chargebacks when requested, at your expense, and to investigate any of your transactions through cards or otherwise. You also agree to pay us back any costs or expenses incurred by us in pursuance to the chargeback including any expenses owing to our or your bank or the payment processor, or card issuer. Over an above all the amounts owed to us under this section you shall also pay us an administration fee of 25 GBP for each chargeback.
  • 8.4. We shall be entitled to set-off any amounts owed to you by us against any amounts owed to us by you at our sole discretion.
  • 8.5. You shall provide us with all the necessary updates on your financial information to continue to receive and maintain your subscriptions or purchases. In case you do not provide us with such updated information we shall have the right to contact and work with your financial service provider to access and update such information.
  • 8.6. Our services shall be renewed automatically, at the end of the set periods for the respective terms as provided on the Platform, and the fee/charges might change with the renewal unless such subscriptions are cancelled or terminated before the end of the initial term.
  • 8.7. We may change our pricing for different services and the fee shall vary accordingly. Any such change shall only apply to the fee payable and services to be rendered after the change.
  • 8.8. Other payment terms and conditions may apply to any other aspects of financial transactions on the Platform and shall be provided on the Platform at the respective parts of such transactions.

9. LICENSE & INTELLECTUAL PROPERTY

  • 9.1. You may only use the Platform and the Services for authorized purposes.
  • 9.2. The Conqorde ® and certain related names and logos, along with other product or service names or logos are trademarks, service marks, or service names which are proprietary rights owned by Conqorde or its licensors. Unless otherwise stated herein, We do not grant any license, title or right in, or assign any part of, any intellectual property rights in the content, programs, or applications integrated into the Website. You acknowledge that the Platform contains Contents that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the English copyright laws, and Conqorde owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the English copyright laws, you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
  • 9.3. Reference on the Platform to a specific commercial product, process or service by its trade name, trademark, promoter or otherwise does not constitute or imply its endorsement or recommendation by us.

10. DISPUTES

  • 10.1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, (except any claims for violation of intellectual property pursued by us), shall be settled by binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The number of arbitrators shall be one, and when conducted in person, the venue of the arbitration proceedings shall lie in London, United Kingdom at any place agreed upon amongst, or equally close to the parties. The arbitrator shall apply English law to all aspects of the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, we shall be notified in writing. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.
  • 10.2. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
  • 10.3. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney’s fees. We may agree to bear more than half of the arbitration fee on our own sole discretion. This section shall survive indefinitely regardless of the survival of this Agreement as a whole.
  • 10.4. You understand and agree that by using the platform or services you hereby waive your right to approach the court or to participate in any class or representative action. Individual actions in small claims courts, intellectual property infringement actions and enforcement actions via federal, state, or local agencies shall be an exception to this section (10).
  • 10.5. If any court or arbitrator determines that the limitation herein against Representative or Class actions is void or unenforceable or if they allow a class or representative action, the arbitration clause in this Agreement under Section (10) shall be null and void.
  • 10.6. Within thirty (30) days of your first use of the Platform or its services, you shall have the right to opt-out of the arbitration clause by submitting your opt-out request here. In case, you opt-out of the arbitration clause, we shall no longer be bound by it either. This Section (10) shall not apply to any separate agreements you have with us including any separate employment or independent contractor agreements.

11. CONFIDENTIALITY

  • 11.1. For purposes of this Agreement, “Confidential Information” would include any data or information that is not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whenever and however disclosed, including, but not limited to: (i) personal information; (ii) any financial information, account details, invoices, purchase orders, agreements, marketing strategies, plans, or projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (iii) plans for products or services, and customer or supplier lists; (iv) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (v) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; and (vi) any other information that should reasonably be recognized as confidential information of either party.
  • 11.2. Both Parties warrant and represent that each party shall only use the Confidential Information for the purposes mentioned under this Agreement and all Confidential Information shall remain the sole and exclusive property of the disclosing party. Neither party shall disclose the Confidential Information to any third-party except as provided herein or with the express permission of the disclosing party and the receiving party shall destroy and remove from its possession all Confidential Information once the purpose behind its use has been satisfied. Confidential Information shall not include any information that: (1) is or becomes part of the public domain through no action or omission by the receiving party; (2) was available to the receiving party prior to its use of the Platform; or (3) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto.

12. FORCE MAJEURE

  • 12.1. We shall NOT be liable for any failure to fulfill any term or condition of this Agreement or for performance of Services on the Platform, if such fulfillment or performance has been delayed, hindered or prevented by an event of force majeure including, but not limited to, any strike, lockout or other industrial dispute, acts of the elements, compliance with requirements of any governmental or international authority, pandemic, natural disaster, technical failure, power, materials or transportation, or by any circumstances whatsoever beyond our reasonable control (“Force Majeure Event”). If affected by a Force Majeure Event, we will promptly notify you, explaining the nature and expected duration thereof while also using all reasonable efforts to remedy or mitigate such Force Majeure Event and the effects thereof. If such a Force Majeure Event continues for more than thirty (30) days you shall have the option to terminate your subscription to our services or use of our platform after giving us a notice of fifteen (15) days.

13. ANTI-MONEY LAUNDERING

  • 13.1. We are committed to all the regulatory requirements in the financial services domain applicable in the UK and the European Economic Area. Some of the regulations applicable to financial services institutions are Money Laundering Regulations 2007, Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, Sanctions and Anti-Money Laundering Act (SAMLA) 2018, the Counter-Terrorism Act 2008, the European Commission Wire Transfer Regulations, and the Proceeds of Crime Act 2002.
  • 13.2. As and where applicable we shall:
    • a) Understand and interpret the legal and regulatory framework for AML/CTF requirements and systems;
    • b) Understand standard industry best practice in AML/CTF procedures and proportionate risk-based approach;
    • c) Take the proper steps and measures necessary to mitigate the risk of being used in connection with money laundering or financing terrorism.
  • 13.3. We may for some aspects of our services be obligated to:
    • a) Take appropriate measures to verify the identity and addresses of the customers;
    • b) Take all measures to store all the records of transactions in a complete form along with the identification provide with them;
    • c) Monitor any unusual or suspicious transactions of any size;
    • d) Report any suspicious transaction to the National Crime Agency.

14. COMMUNICATIONS

  • 14.1. You consent to receive electronic communications from us (e.g., via email or by posting notices on our Services). These communications may include notices about your account, like payment authorizations, password changes and other transactional information, legal notices, or promotional offers. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

15. PROMOTIONS AND PURCHASES

  • 15.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Platform, including promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service.
  • 15.2. Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Platform should be construed to alter such agreements.

16. USE OUTSIDE ENGLAND & WALES

  • 16.1. We make no representation that materials or other content in the Platform are appropriate or available for use outside England & Wales, its territories, possessions and protectorates. If you choose to access the Platform from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.

17. SEVERABILITY

  • 17.1. If for any reason an arbitrator or court of competent jurisdiction finds any provision or portion of these Terms of Service is to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.

18. NON-WAIVER

  • 18.1. The failure to enforce at any time any of the provisions of these Terms of Service shall not be construed to be a waiver of the right thereafter to enforce any such provision.

19. ASSIGNMENT

  • 19.1. You may not assign the Terms of Service (by operation of law or otherwise) and any prohibited assignment will be null and void. We may assign the Terms of Service or any rights or obligations hereunder without your consent.

20. NOTICE

  • 20.1. Notwithstanding anything herein, we may provide you with notice by any means, including (without limitation) via email, postings on the Platform and changes to this Agreement. If you don’t consent to receive notices electronically, you must stop using the Platform and our Services.
  • 20.2. Any notice or other communication to be given to us under these Terms of Service, shall be in writing and shall be delivered or sent by email, pre-paid first-class post or recognized and recorded overnight delivery, to the following address:
    Address: 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom
    Email: support@deepcheck.one
  • 20.3. A notice or other communication given by us shall be deemed to have been duly received: (i) if delivered by email, upon leaving our outbox; or (iii) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; or (iv) if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read.
  • 20.4. Notices sent to us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by us.

21. GOVERNING LAW

  • 21.1. You agree that: (i) the Platform shall be deemed solely based in England and Wales; and (ii) the Platform shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than England & Wales. The Terms of Service shall be governed by and interpreted in accordance with the laws of the England & Wales. Unless otherwise provided in this Agreement, any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in London, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury. Any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

22. ENTIRE AGREEMENT

  • 22.1. The Terms of Service, together with the rules and policies of the Platform and any other relevant documents herein mentioned, constitute the entire agreement between Conqorde and you with respect to the subject matter hereof.