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Terms & Conditions

 

Fidelity-Check-Online

WEBSITE TERMS AND CONDITIONS

Acceptance of Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.

DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THE TERMS FIDELITYCHECKONLINE.COM PROVIDES YOU WITH, AND YOU AGREE YOU HAVE RECEIVED, AN EXPRESS OPPORTUNITY TO ACCEPT AND DECLINE THESE TERMS AND CONDITIONS AND TO CORRECT ERRORS BEFORE YOU ENTER INTO AN AGREEMENT WITH FIDELITYCHECKONLINE.COM FOR THE SERVICE.

BY CONTINUING TO USE THIS WEBSITE YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE LIMITS ON OUR LIABILITY AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR RECEIVER UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT.

The use of this website is conditional upon your acceptance of these terms and conditions.

You will be deemed to have accepted these terms and conditions by using this website, regardless of whether or not you register or subscribe as a client. If you do not agree to these terms and conditions you must refrain from using this website.

User Agreement

These Terms and Conditions constitute the agreement between you and Holloway (Services) Ltd, in respect of your use of the Service and the Website (the “Agreement”). As part of the member registration process, you will be required to select a member ID (username) and/or password.

We may refuse to accept any password for any reason, if it impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your password (including all activities conducted under your password) and agree not to transfer or resell your use of, or access to the website to any third party.

If you have reason to believe that your account is no longer secure you must immediately notify us and you must promptly change your password by updating your account information.

Payment

Paid services are available only to members with a valid subscription or otherwise on payment of a fee. By keeping up registration and membership, you are acknowledging that you are still in a relationship with the subject you have registered and have a legitimate interest in whether they are in a relationship with a third party.

We do auto-renew your membership until such time as you have informed us you wish to cancel the subscription, it will be auto renewed for the subscription you selected when joining. You can cancel your subscription following the instructions within the website. Any cancellation shall not affect charges made before the Company could reasonably act.

In the event that you do select the fees applicable will be for the membership period you select, you hereby authorise the company to charge those fees on a recurring basis (within a reasonable time prior to the expiration of your current subscription).

In any event, you must provide current, complete and accurate information to enable subscription fees to be charged
correctly.

Payments and billing will be shown as Holloway (Services) Ltd on your bank statement. In the event of you cancelling membership before the end of your paid subscription period, all the details you have submitted will be immediately removed and deleted from the data base.

However, you will still be liable for payment for the full period of your agreed subscription. Refunds will not be given for cancellation of your membership prior to the termination date of your subscription period.

The paid membership plan that you choose will run for the fixed period that the plan specifies, your membership will automatically be renewed, unless you cancel.

1. OBLIGATION OF USER

1.1 Risk

FidelityCheckOnline will, at all times, take all reasonable steps to process and safe guard your data and provide a service fit for purpose. You acknowledge that becoming a member using this website and service, is solely at your own risk.

1.2 Accurate information

You undertake that the information that you supply to the Service, the Website and the Company, is accurate in all respects and not harmful to any person in any way. By uploading an image to your posting, you are attesting to being the owner of the photo and giving FidelityCheckOnline your unlimited rights to use the photo as part of our potential matching investigation and site processes.

1.3 Match information supplied to you

FidelityCheckOnline compares data which alerts our investigators to conduct further investigations and comparisons; it is only after these enquires have been completed that will inform members there could be a possible match with their partner(s) and the details supplied by another member or members. In the event of a possible match FidelityCheckOnline undertake to inform you within 48 hours of our computer software identification.

If there is a possible partner match FidelityCheckOnline detectives undertake to inform all of the clients concerned of the possible match and the fields in which the match took place. If both clients agree we undertake to put them in contact with each other.

We DO NOT and will never guarantee,that a match is definite or the person is identical with the partner of another member.

Members must contact each other and verify the identification for themselves. The member(s) concerned are responsible for deciding and confirming whether the possible partner match is identical with another members partner, whether they are in a relationship with the same person and if so the extent of that relationship.

We do not infer or allege that any person on the database is in an improper relationship with anybody else (sexual or otherwise) or, suggest that they are engaged in anything morally wrong,illicit, illegal or are acting inappropriately. We merely look for matched data submitted by members and put the members concerned in contact with each other.

If one of our investigators requires clarification or further information to assist their match investigation, they may contact the relevant member through the site and request clarification or more detail. This will only happen when absolutely necessary to provide a professional and accurate service.

If there is a possible match FidelityCheckOnline undertake to inform all of the members concerned of the possible match and the fields the possible match took place. We also undertake to inform the member of site contact details of any other affected member(s).

Unfortunately we will not be able to enter into extended correspondence with members who challenge or dispute possible matches, neither can we clarify or expand on the reasons for possible matches. Definite verification of a possible match can only come from the other member(s) concerned.

FidelityCheckOnline does not exchange private email details with other members. Contact between members is by mutual agreement of the individuals concerned. FidelityCheckOnline will not coerce or attempt to pressurise members into corresponding with, or respond to, messages from other members.

It is for the individual members concerned to decide for themselves whether they wish to communicate with other members and if so, to what extent. We are unable to guarantee or promise that members who you might attempt to contact through the site will respond or reply to your communications.

In the event a member cancels their membership, or their membership comes to an end, their details are immediately removed from the site. As a consequence, they will not be able communicate with other members, FidelityCheckOnline investigators, or answer  any messages.

Information available overseas

(a) You consent to the transfer of your password to members residing in countries other than your country of
residence.

(b) FidelityCheckOnline servers, for the storing of your personal information, may be located in a country other than your country of residence. You consent to the transfer of personal Information to countries other than your country of residence, which will be facilitated by FidelityCheckOnline only in accordance with the Data Protection Act and the terms of our Privacy Policy.

2. CONTACT

This website is operated by Holloway (Services) Ltd, a UK registered company with offices in the UK the Company
is registered for UK Value Added Tax No 159855358 Osborne House 143-145 Stanwell Road, Ashford, Middlesex. TW15 3QN (Do not send mail to this address)

United Kingdom Mail to:
PO BOX 613
Egham
TW20 2BP
Telephone +44 2030868940

THAILAND Mail to:
195 Unit 4703, 47th Floor, Empire Tower,
South Sathorn Road,
Yannawa,
Sathorn,
Bangkok 10120
Telephone +66 2686 1285
Fax +66 2686 3433

3. MEMBERSHIP

3.1 Eligibility

You must be over 18 years of age to register as a member of the Service, or to use this Website. By using the Website, you undertake that both you and the partner(s) you register are over 18 years of age and that you have the right, authority and capacity to enter into this agreement and to comply with all of the terms and conditions.

3.2 Subscription plans and fees

Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the payment page.

Prices stated in the currency shown on the page are subject to VAT and currency exchange rates which are subject to change unless otherwise stated. Auto-renewals of existing subscription will continue at the old price.

3.3 Size of Membership

Searches are conducted against the membership database at the time of the search. Because the numbers of members are constantly changing the size of the database is subject to change and may vary in size from day to day. We search the database for comparison matches every 24 hours.

4.  INTELLECTUAL PROPERTY OWNERSHIP, CONTENT AND SECURITY.

4.1 FidelityCheckOnline reserves all rights, title and interest in the service and the website and the corresponding intellectual property rights and reserves all rights not explicitly granted.

4.2 Legal access

You must ensure that your access to the website and use of the service is not illegal or prohibited by laws, which apply to you. You are solely responsible for the legality of your actions, under all applicable laws.

4.3 Exposure to viruses

You must take your own precautions, to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system.

For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any linked website.

4.4 Interaction with members

You are solely responsible for your interaction with other members of the service. You undertake not to encourage any criminal activity, to use any threatening abusive language, or transmit any offensive material to other members.

4.5 Negative covenants

You represent, warrant and covenant that:

(a) You will not disclose any information provided to you through the service to anyone, without the prior permission of the person who provided it to you.  You will not pass onto a third party any personal information that might identify your partner or put them at risk.

FidelityCheckOnline do not accept any liability and are not liable for any personal or third party injuries, damages or compensation that results directly or indirectly from any such information being passed.

You will not to pass personal information onto a third party through the site that might put you or any other person at financial or physical risk, identify you, where you live, work, or telephone numbers. If you do, it is at your own risk.

(b) You will not use the service to engage in any form of harassment or offensive behaviour, including, but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libellous, slanderous,or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights).

(c) You will not transmit “spam,” chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;

(d) You will not use the service or the Website for any unauthorised commercial purposes;

(e) You will not solicit or attempt to solicit any money from any member or other user of the service or the Website;

(f) You will not use the service to distribute, promote or otherwise publish any material containing any solicitation for funds,advertising or solicitation, for goods or services;

(g) You will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;

(h) You will not post or transmit material which contains viruses or other computer codes, files or programs, which are designed to limit or destroy the functionality of computer software or hardware;

(i) The company is not liable for any personal or third party injuries or damages or compensation that results directly or indirectly from any meetings between members or their representatives. Any meetings held against this advice are entirely at the members own risk.

4.6 Editing information

While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete,move or edit messages or that we, in our sole discretion, deem to breach these Terms and Conditions, or to be otherwise unacceptable. In the event of abusive or threatening communications, we reserve the right to cancel membership.

4.7 Security of information

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to
protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and deal with it in line with UK and Wales data protection legislation

5. COPYRIGHT.

5.1 Copyright Assigned, you agree that all copyright which subsists in any material or information provided by you to the company is assigned to the company. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.

5.2 Copyright in the service and the website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company, other than for the purposes of, and subject to the conditions prescribed under, copyright legislation and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the service or the website; or

(b) Commercialise any information, products or services obtained from any part of the service or the website; without our prior written permission.

5.3 Trade Marks

Except where otherwise specified, any work or device to which is attached the c symbol is a registered trade mark. If you use any of the trademarks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trademarks:

(a) in or as the whole or part of your own trademarks;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive; or

(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).

6. LINKED WEBSITES

6.1 Links provided for convenience only

The Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

6.2 No Endorsement

Our links with linked websites should not be construed as an endorsement, approval or recommendation by the company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on linked websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a linked website prior to use of it.

6.3 Advertisements

Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser’s product, or service by the Company. Each advertiser is solely responsible for any representation made, in connection with its advertisement.

6.4 No Liability For Loss

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer, in connection with your use of the service, the website or any linked websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the service or the website.

(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of, or in any way connected with your use of the service or the website or with any delay or inability to use the service or the website or for any information, products and other services obtained through the service or the website, or otherwise arising out of the use of the website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the company has been advised of the possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website, nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;

(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service,including without limitation any conduct which causes physical injury to any person.

7. NO WARRANTY AS TO IDENTITY OF MEMBERS AND THIRD PARTIES.

The company is not responsible for people putting inaccurate information onto the website.

You acknowledge that user authentication on the internet is extremely difficult. The company cannot and does not warrant that each member, user or third party subjects held on the data base, is who he or she legitimately claims to be. Accordingly, you must be careful in dealing with other members or users of the service or the website.

8.  TERMINATION

8.1 Agreement effective for members

This agreement will remain in full force and effect while you are a member of the service, or while you otherwise use the website.

8.2 Termination of membership by you

You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, or may be affected by clicking on the Switch Off Membership link in the members’ section of the website.

In the event a member cancels their membership, their membership comes to an end or their membership is cancelled, for site security reasons and to comply with UK Data Protection Act legislation their details and the details of the person they have registered are immediately removed from the site.

As a consequence (with immediate effect) they will not be able to log into the site and matching with other partners will discontinue. FidelityCheckOnline investigators will still be able to be contacted via the [email protected] email address for advice or explanations.

8.3 Termination of your access to Service

We may, in our absolute discretion, terminate or suspend your access to all or part of the service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the service by others. Notice of termination will be delivered to the last email address you provide to us.

9. INDEMNITY

To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies
corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including VAT), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:

Any breach by you of these terms;

Any unauthorised use of the site that can be connected or associated to you;

Any breach by you of any law; and

Any act or omission that you may do in connection with the site.

You agree to cooperate fully in the defence of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defence and control of any matter, otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.

10.  GENERAL

10.1 Failure to comply

The Company accepts no liability for any failure to comply with these Terms and Conditions, where such failure is due to circumstances beyond our reasonable control.

10.2 No waiver

If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

10.3 Severability

If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.

10.4 Variation

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately, upon notification on the website. Your continued use of the website following such notification will represent an agreement by you, to be bound by these terms and conditions as amended.

10.5 Assignment

You must not assign any of your rights under this agreement, or in respect of the service or website to any third party. The Company has the right to assign any or all of its rights and obligations under this agreement, or to the service to any third party. At the election of the Company, in the event that FidelityCheckOnline obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this
agreement.

10.6 Relationship

You agree that no joint venture, partnership, employment  or agency relationship exists between you and the company as a result of this agreement, or your use of the service or the website.

11. DISPUTES
In order to expedite and control the cost of disputes, you agree that any legal and/or equitable claim (a “Claim”) relating to the Service or these Terms will be resolved as follows:
a) Informal Resolution.
We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by registered mail to PO BOX 613, Egham, TW20 2BP. If Holloway (services) Ltd initiates a Claim, we will send our notice to the email address on file with us.
b) Formal Resolution.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) oral or written statements, advertisements or promotions relating to these Terms (c) the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms) (collectively the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts), where applicable. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
If you have a Claim you should give written notice to arbitrate to us at the address contained in the ‘Contact’ section of this website. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the country in which you reside that are in effect on the date of the notice to arbitrate.
c) Binding Effect.
In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
d) Exceptions.
Notwithstanding the foregoing, any:
– dispute over the validity of either party’s intellectual property rights or our licenses to operate our business; and may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Service for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.

12. MISCELLANEOUS
a) Notice.
Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth at the beginning of these Terms.
b) Applicable Law.
The interpretation and enforcement of these Terms shall be governed by the laws of the UK and the country in which you reside applicable therein. These Terms are subject to modification if required by such laws.
c) Other.
These Terms make up our entire agreement relating to your Service. No salesperson or other representative is authorized to change it for you, although Holloway (services) Ltd may modify it without prior notice to you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed

DEFINITIONS

In these Terms and Conditions, the following expressions have the corresponding meanings:

“Claim” means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding,

right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

“Commercialise” means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;

“Company” means Holloway (Services) Ltd, a company registered in the United Kingdom, trading as FidelityCheckOnline and shall include any related body corporate or associate.

“Personal Information” has the meaning ascribed to it in the Data Protection Act 1998

“Privacy Policy” means the Company’s privacy policy which is available on the website;

“Service” means the facilities made available for members via the website;

“Website” means this website which is owned and operated by the company;

“Terms and Conditions” means these terms and conditions as amended by the company from time to time, which form the agreement between you and the company;

“we”, “us” and “our” all refer to the company.

This site and the contractual agreement with the members is governed by the laws of England and Wales.

Holloway (Services) Ltd is registered with The Information Commissioner’s Office UK; Number Z3522053