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Experian DataPatrol and DataAlert Services

 

Terms and Conditions

 

 

 

Version: International - US 1.0

 

Date: April 2013

 

 

THE TERMS AND CONDITIONS SET FORTH BELOW ARE A LEGAL CONTRACT BETWEEN YOU AND EXPERIAN LIMITED AND GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE (DEFINED BELOW). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE, DATA PATROL OR DATA ALERT (AS BOTH ARE DEFINED BELOW) OR ANY INFORMATION CONTAINED ON THE WEBSITE OR IN DATA PATROL OR DATA ALERT.  YOUR USE OF THE WEBSITE OR DATA PATROL OR DATA ALERT SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.   IF YOU ARE USING THE WEBSITE OR DATA PATROL OR DATA ALERT FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS AND CONDITIONS

 

1. Definitions

 

References to "we", "us" and "our" in these Terms and Conditions are to Experian Limited.

 

References to "you" or "your" in these Terms and Conditions are to you as a user of the Website and DataPatrol or DataAlert.

 

App” means a mobile device application from Experian for use of DataPatrol or DataAlert (as applicable).

 

DataAlert” and “DataPatrol” means our monitoring service that finds, tracks and monitors online certain of your personal information and provides periodic alerts in connection with those details, which is delivered through the different functionality of DataAlert and DataPatrol, as such services and functionality are described on the Website or in any Service Description.

 

Our Material” means web content, data, Redemption Codes and materials delivered to you as part of DataPatrol or DataAlert or contained on or in the Website including, but not limited to, the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets. All of Our Material is the copyrighted and/or trademarked work of us or our contributors.

 

Redemption Code” means a code that has been given to you to enable access to DataPatrol or DataAlert for a limited period.

 

Terms and Conditions” means the terms and conditions set out here.

 

Third Party Content” means content and material (including but not limited to information, reviews, comment and opinion) belonging to a third party provider of products and/or services.

 

Third Party Website” means the website of a third party which is linked to or from the Website or on frames within the Website.  This includes, for example, the websites of our selected third party partners who we authorise from time to time to make available access to DataPatrol or DataAlert from those websites.

 

Trial” means an arrangement whereby we allow you to use DataPatrol or DataAlert for a limited period either on a free-of-charge or discounted basis.

 

Website” means our website(s) for the supply of DataPatrol or DataAlert (as applicable), which may be a standalone website or webpages within a third party partner’s site, the website address of which may be provided to you by us or (in the case of access to the services under an arrangement with a third party partner) by our third party partner.



2. About us

 

2.1             We are Experian Limited, a company registered in England and Wales at Companies House with company number 00653331.  Our registered office is at Landmark House, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom.  Our VAT registration number is GB 887 1335 93.

2.2             If you are receiving access to DataPatrol or DataAlert under an arrangement with a third party partner, we have a contract with the third party partner to provide DataPatrol or DataAlert (as applicable) to you.


3. Important information about these Terms and Conditions

 

3.1             By using the Website or DataPatrol or DataAlert, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Website or DataPatrol or DataAlert with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into these Terms and Conditions.   Further, you represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate; (b) your use of the services offered through the Website and DataPatrol or DataAlert does not violate any applicable law or regulation; and (c) you are a resident of the United States of America who is using DataPatrol or DataAlert from a location within the United States.  If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and Conditions and to fully indemnify and hold us harmless if your child breaches or disaffirms any term or condition of these Terms and Conditions.

 

3.2             YOUR PARTICULAR ATTENTION IS DRAWN TO THE SECTIONS ON “OUR LIABILITY TO YOU” AND OUR “WARRANTIES AND DISCLAIMERS”. If you do not understand any point please contact us at bullguard.queries@experian.com or call us on the contact centre number you have been given (if any).

 

3.3             We advise you to print these Terms and Conditions and keep a copy for your future reference.

 

3.4             You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.

 

3.5             Where we are providing DataPatrol or DataAlert under an arrangement with a third party partner, these Terms and Conditions will apply to your use of DataPatrol or DataAlert and will form a contract between you and us in respect of those Services.


4. DataPatrol and DataAlert

 

4.1             DataPatrol and DataAlert are provided only for residents of the United States.  If you are not resident in the United States, you may not use DataPatrol or DataAlert and you should not attempt to register to use it. If you are not a resident of the United States and have already registered, you must discontinue your use of DataPatrol or DataAlert.

 

4.2             DataPatrol, DataAlert and the Website are provided for your personal non-commercial use.


5. Registration and log-in details

 

5.1             You can register for DataPatrol or DataAlert via the Website or you may be able to do so by other means we make available to you.  In all cases, these Terms and Conditions apply to your use of DataPatrol or DataAlert.

 

5.2             When registering for DataPatrol or DataAlert, you will be taken through a series of steps.  Where we are providing DataPatrol or DataAlert under an arrangement with a third party partner, we will ask you to confirm information we have received from the third party partner.  Depending on which service you receive, we may ask you to provide further information about yourself that you wish to protect.

 

5.3             You represent and warrant that all the information that you provide when registering for an account and otherwise through the Website and/or DataPatrol or DataAlert is accurate, complete and up to date.

 

5.4             As part of the registration process, you may be asked to select a user name and/or password.  These details will be your log-in details for the Website.  You are responsible for keeping your log-in details confidential.  You agree not to share your username or password, let anyone else access your username or password or do anything else that might jeopardize the security of your username or password.

 

5.5             You agree to notify us at bullguard.queries@experian.com as soon as possible if you believe that anyone has obtained your log-in details without your permission or if you become aware of any other breach of security on the Website or of DataPatrol or DataAlert.  We will not be responsible for any loss or damage resulting from any unauthorized use of your log-in details, unless the disclosure of your log-in details is due to our negligence.

 

5.6             If DataPatrol or DataAlert are made available to you under an arrangement with a third party partner, then you may not be entitled to register for DataPatrol or DataAlert until you have paid in full for any eligible service or product of the third party partner.


6. Pricing and payment

 

6.1             If DataPatrol or DataAlert are made available to you under an arrangement with a third party partner, the third party partner may have paid for the services on your behalf.  You will be notified by the third party partner of any amount payable by you.

 

6.2             If you change from one membership/subscription package to another (including from a package provided under an arrangement with a third party partner to a package paid for by you) and the charges for your new package are different, the charges for the new package will apply from the month after the month in which you moved to the new package unless we ask you and you agree that the charges for the new package will apply from the day you move to the new package (and if you move to a new package part-way through a month then the charges you have paid and the charges to be paid for the new package will be pro-rated as appropriate).

 

Where you are paying for DataPatrol or DataAlert, the following Clauses 6.3 to 6.12 apply:

6.3             We offer different DataPatrol and DataAlert services. Further details of the various services you may be eligible for and (if applicable) how to make payment are set out on the Website or in the Service Description. You will be advised of the charges payable for the particular DataPatrol or DataAlert service you are applying for when you register for the service. These charges will be confirmed by e-mail when your application has been successful.

 

6.4             The prices on the Website are checked regularly to ensure that they are correct.  We may change the prices from time to time.  If you are a subscriber to a subscription service, we will notify you in advance of any price changes that will affect your future payments by e-mail or by posting a notice on the relevant Website and we advise you to regularly check the Website for any such notices.

 

6.5             The prices for DataPatrol and DataAlert indicated on our Website include all local taxes which may be payable in respect of DataPatrol and DataAlert.  All payments taken will be in U.S. Dollars.

 

6.6             Certain payments for DataPatrol and DataAlert must be made in advance by credit or debit card using the payment facilities on the Website.

 

6.7             For subscription services, unless you are paying or have paid for DataPatrol or DataAlert through one of our authorised third party partners, payments must be made by credit or debit card using the payment facilities on the Website.  By giving us your payment details you agree that we have continuing authority to take subscription payments from your payment card account until you or we end the DataPatrol or DataAlert services. We may stop providing DataPatrol and DataAlert without prior notice to you if at any time we are unable to obtain payment using the details you provided.

 

6.8             The credit or debit cards we accept for payment are shown on the Website.

 

6.9             It is your responsibility to ensure that all payment details you provide are correct and complete.  We are not responsible for supplying DataPatrol or DataAlert if the details you submit are incorrect or incomplete.

 

6.10          No payment will be deemed to have been made until we have cleared funds and we may choose not to provide DataPatrol or DataAlert until we receive payment in full.  If we are unable to accept your request for DataPatrol or DataAlert for any reason then we will, at our option, either not debit your payment card or refund any money paid by you in respect of that request.

 

6.11          We are not responsible for any overdraft or “over the limit” charges or bank fees if your payment card account or facility contains insufficient credit or funds when we take payment for DataPatrol or DataAlert.

6.12          For continuity of your access to DataPatrol or DataAlert we may, from time to time, receive notifications from your issuing card provider that inform us your payment card details have changed for the current payment card account you have notified to us for DataPatrol or DataAlert. Under these circumstances, we reserve the right to adjust your payment card details to reflect any such changes so that your access to DataPatrol or DataAlert continues uninterrupted. For example, if you are provided with a replacement debit or credit card which extends the expiry date of your card (but all other details remain unchanged) we reserve the right to amend your payment details accordingly.

 

6.13          Please note we may receive commission and fees from certain third parties who advertise on or are linked to the Website or as a result of you having purchased products and/or services.  All such commission and fees shall be retained in full by us.

6.14          In the event that you proceed to purchase a product or service from a third party, the charges and payment terms will be subject to that third party’s relevant terms and conditions.

6.15          Where you access DataPatrol or DataAlert via an authorised third party website, your payments may be taken by the third party website operator on our behalf using the payment facilities on the third party website.


7. Trials and Redemption Codes

 

7.1             Information about Trials and Redemption Codes which may be applicable to your access to DataPatrol or DataAlert will be, if they are applicable, set out on the Website, contained in third party marketing and/or supplied when you receive your Redemption Code (either from us or a third party partner).

 

7.2             Depending on the type of membership package you receive, some additional features may need to be paid for during the Redemption Code or Trial period.

 

Trials

 

7.3             You cannot use DataPatrol or DataAlert on a Trial basis if you are applying to use DataPatrol or DataAlert under a Redemption Code.

 

7.4             If you use DataPatrol or DataAlert on a Trial basis, additional usage conditions may apply depending on the type of Trial.  We will inform you of any such additional conditions before you begin the Trial. However, if you are using DataPatrol or DataAlert on a Trial basis through an arrangement with one of our partners or a third party, you should check whether they have any additional conditions that will apply to you.

 

7.5             The length of your Trial period will be confirmed to you when you register for the Trial.  We will also send you an e-mail confirming your registration and the length of your Trial period. However, if you are using DataPatrol or DataAlert on a Trial basis through an arrangement with one of our partners or a third party, you may receive such confirmation from the third party partner.

 

7.6             You can cancel the Trial at any time during the Trial period.  For free Trials, you will not be entitled to any refund or credit from us.  For Trials charged at a discount, please refer to the specific Trial conditions for details of what refunds may be payable.

 

7.7             Unless otherwise specified in the specific Trial conditions, if you do not cancel at the end of your Trial period and if you receive a subscription service, then your access to DataPatrol or DataAlert will automatically continue on a subscription basis and you will be charged the applicable subscription charges for DataPatrol or DataAlert.

 

Redemption Codes

 

7.8             If you use DataPatrol or DataAlert under a Redemption Code, additional usage conditions may apply depending on the type of Redemption Code you have received.  We will inform you of any such additional conditions required by us when you receive the Redemption Code.  However, if you received the Redemption Code from one of our partners or a third party, you should check whether they have any additional conditions that will apply to you.  You agree to comply with all such additional conditions.

 

7.9             To use DataPatrol or DataAlert under a Redemption Code, you must submit it during the registration process and you will need to prove your entitlement to the Redemption Code.  We will send you an email confirming your registration.

 

7.10          Redemption Codes cannot be exchanged for cash or used to pay for any other services that we or our group companies provide.

 

7.11          Unless we give our written permission, Redemption Codes can only be used once and may only be used by the original recipient.  If we give our written permission for you to pass Redemption Codes to another person, you may only do so for non-commercial purposes.

 

7.12          You must not tamper with any security device contained in or on the Redemption Code.

 

7.13          If we reasonably believe that a Redemption Code is being used unlawfully or in breach of these Terms and Conditions, we may reject the Redemption Code and/or cancel your access to DataPatrol or DataAlert without notifying you.  We will not be liable to you in any way in the event of such rejection or cancellation.

 

7.14          If you cancel your use of DataPatrol or DataAlert before the end of the Redemption Code period, you will not be entitled to any form of refund or credit from us.

 

7.15          We may contact you shortly before the end of the Redemption Code period to check whether you wish to continue using DataPatrol or DataAlert.  If you wish to continue after the end of the Redemption Code period, you will need to pay the applicable charges for DataPatrol or DataAlert and follow any other steps required.  If you do not wish to continue, your access to the service under the Redemption Code will end when the Redemption Code period expires.

 

8. Use of the Website, DataPatrol, DataAlert and Our Material

 

8.1             We grant you a limited, personal, non-exclusive and non-transferable license to access and use the Website and DataPatrol or DataAlert and to use and to display and to make one copy of Our Materials solely for your personal use.  Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Website, DataPatrol or DataAlert or any of Our Materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions.  Upon termination of these limited licenses, you agree to immediately destroy any of Our Materials that you have downloaded or printed.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Website, DataPatrol, Data Alert or any of Our Materials.

 

8.2             You agree not to do anything that could harm the Website, DataPatrol, DataAlert or the computer systems which host the Website and/or DataPatrol or DataAlert.  You agree not do anything that restricts or inhibits the use and enjoyment of the Website or DataPatrol or DataAlert by other users.

 

8.3             We reserve the right to terminate your access to your account, the Website and/or DataPatrol or DataAlert with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Website, the performance of DataPatrol or DataAlert, or to any other user of the Website or DataPatrol or DataAlert.  We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct.  When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.

8.4             You agree to indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners (collectively, the “Experian Parties”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or DataPatrol or DataAlert, or the use of the Website or DataPatrol or DataAlert by any person using your account and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

 

8.5             All information delivered to you in the course of your use of the Website and DataPatrol or DataAlert and all intellectual property rights, including copyright, in Our Material belong to us or our licensors.

 

8.6             Product names, trade marks or service names or marks or company names mentioned on the Website and in connection with DataPatrol or DataAlert are the trademarks, service marks, or business names of their respective owners.  The word "EXPERIAN" and certain other words and graphical devices in respect of particular services are trade marks of Experian Limited and/or its associated companies and may be registered in the EU, USA and other countries.


9. Privacy of Your Data

 

9.1             We take your privacy very seriously. We will use any information given to us by you or collected by us during your use of the Website and DataPatrol or DataAlert only in accordance with our Privacy Policy. To view our Privacy Policy click here. By using the Website and/or DataPatrol or DataAlert, you agree to be bound by the terms of our Privacy Policy.

 

9.2             Please be aware that we may record telephone calls you make to our call centres for training, audit and quality purposes.


10. Warranties and Disclaimers

 

10.1          While we try to ensure that the Website is functioning correctly, this may not always be achievable.  We do not guarantee that the Website or DataPatrol or DataAlert will be available all the time or at any specific time.  They may be temporarily suspended if our computer systems used to provide the Website or DataPatrol or DataAlert are under repair or maintenance or are otherwise unavailable.  Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

 

10.2          We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. For example, the Website may not display or operate correctly if you access them using a mobile phone or similar device.

 

10.3          We take steps to ensure that the Website and Our Material are free from computer viruses and other harmful computer programs.  However, we cannot guarantee this due to the nature of the Internet.  You are advised to use appropriate firewall and anti-virus software to protect your computer and data.

 

10.4          We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with DataPatrol, DataAlert and the Website.  However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.

 

10.5          Any and all information provided by us on or in connection with the Website, DataPatrol or DataAlert is for general information purposes only. Nothing provided by us on or in connection with the Website, DataPatrol or DataAlert (including but not limited to our email alerts) is, or shall be deemed to constitute financial, legal or other advice.  The information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice.

 

10.6          We do not guarantee to provide comprehensive monitoring of all instances of your relevant details on the Internet.  As the information on the Internet is constantly changing, we cannot guarantee that the monitoring information and alerts we provide will remain accurate or up-to-date.  We cannot guarantee that the monitoring and alerts will necessarily enable you to avoid or limit the effects of online fraud or identity theft.  For these reasons, you should not rely solely on DataPatrol or DataAlert to protect your details on the Internet.  It is your responsibility to take care about the personal details you make available on the Internet.

 

10.7          EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS, WE, FOR OURSELVES AND THE OTHER EXPERIAN PARTIES, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN CONNECTION WITH THE WEBSITE, THE SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR DATA PATROL OR DATA ALERT, OUR MATERIALS, OR ANY THIRD PARTY CONTENT.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, DATA PATROL, DATA ALERT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE OR IN DATA PATROL OR DATA ALERT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.


11. Our Liability to You

 

11.1          THE EXPERIAN PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF OUR MATERIALS OR ANY THIRD PARTY CONTENT TO OR FROM THE WEBSITE.  IN NO EVENT SHALL ANY OF THE EXPERIAN PARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR DATA PATROL OR DATA ALERT, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.2          IN NO EVENT SHALL THE EXPERIAN PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE WEBSITE, DATA PATROL, DATA ALERT OR OUR MATERIAL EXCEED TWO HUNDRED DOLLARS ($200). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

11.3          Notwithstanding the foregoing, nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence, (b) our fraud, or (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.

 

11.4          We are not responsible to you for losses you suffer under any contract you have with a third party through which your access to DataPatrol or DataAlert (as applicable) and/ or the Website is arranged or paid for.

11.5          We are not responsible to you for losses you suffer arising from our termination or suspension of your access to DataPatrol or DataAlert where we are legally entitled to do so, including under these Terms and Conditions.


12. Ending the Services

 

12.1          You are free to stop using the Website and DataPatrol or DataAlert at any time.

 

12.2          Not used.

 

General cancellation

 

12.3          Unless Clause 12.4 applies, you may cancel your use of DataPatrol or DataAlert at any time by notifying us at bullguard.queries@experian.com. You must send your notice using the e-mail account that is registered for your DataPatrol or DataAlert service and (if applicable) include any reference number given to you by any third party partner or Redemption Code number given to you.  We will action your cancellation by the end of the month in which we receive your e-mail.  You will not be entitled to any refund on cancellation.

 

12.4          If you are receiving DataPatrol or DataAlert under an arrangement with a third party partner, please refer to the Website or any Service Description received from the third party partner, as you may need to notify the third party partner of your wish to cancel rather than us.  We will action your cancellation by the end of the month in which we receive notification from the third party partner. You will not be entitled to any refund on cancellation where the third party partner has paid for DataPatrol or DataAlert as there is no charge to you for the services.

 

12.5          We may terminate or suspend your access to the Website, DataPatrol or DataAlert and/or your use of DataPatrol or DataAlert without notifying you if:

 

12.5.1         in our view there has been a serious failure by you to comply with your responsibilities in these Terms and Conditions (for example, but not by way of limitation, misuse of DataPatrol, DataAlert, the Website or Our Materials or for fraud); or

 

12.5.2         you receive access to DataPatrol or DataAlert as part of a contract you have with a third party partner and your right to such access comes to an end, the third party partner requests us to cancel your access or our contract with the third party partner comes to an end or we do not receive payment from the third party partner.

 

12.6          We may cancel your membership of DataPatrol or DataAlert at any time by giving you prior notice. If you are paying for your membership, we will refund the subscription charges pro-rated for the remaining period of your subscription.

 

12.7          If your membership of DataPatrol or DataAlert has been cancelled (whether by you or us) or suspended by us, we may delete our records of your registration details and your information without liability to you. However, you understand and agree that we may also retain certain data where necessary to prevent fraud or future abuse, or to comply with any applicable law, rule or regulation. All data retained will continue to be subject to our Privacy Policy.

 

12.8          If your membership of DataPatrol or DataAlert has been cancelled (whether by you or us) and you re-register for another or the same DataPatrol or DataAlert service, you will pay the subscription charges applicable to the DataPatrol or DataAlert service you have applied for at the time you re-register.

 

12.9          If your membership of DataPatrol or DataAlert has ended we may contact you to invite you to re-register for the same or a different DataPatrol or DataAlert service or to use certain of the free features on the Website. Any invitation we send to you as a lapsed member will give you the opportunity to unsubscribe from being contacted again.


13. Third Party Websites and Content

 

13.1          The Website may contain links to other websites and Third Party Content in respect of products and services, either directly or indirectly through frames.  Where possible, we will make it clear where such links are being made.  We are not responsible for Third Party Content or the availability of Third Party Websites. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  WE DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

 

13.2          You may be able to make requests for and purchase a number of products and services on Third Party Websites via our Website.  Please be aware that such products and services are not provided by us and are provided by third parties over whom we have no control.

 

13.3          We do not endorse or take responsibility for any Third Party Content or any offers, arranging or advice (including but not limited to the comment, opinions, or recommendations) provided by third parties.  You will need to validate the information and check the details of what is being offered by such third parties for yourself.

 

13.4          Third Party Content and third party products and services available on the Website or linked to or from the Website are subject to the separate terms and conditions and privacy policies of the relevant third party (in the case of privacy policies where the third party is collecting information from you, otherwise, where we collect information from you then our relevant privacy policies will apply).  You should check them on the relevant Third Party Website to ensure that you are comfortable with them (and take legal advice if necessary) before making any application for the third party’s products or services.  We are not responsible for any arrangements or agreements made between you and the relevant third party and they are entered into at your sole risk and expense.  YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

 

13.5          Information about third party products and/or services made available to you on or in connection with the Website or on a Third Party Website is not intended to be an exhaustive list of all the products and/or services that could be available to you.


14. Changes to these Terms and Conditions

 

14.1          Sometimes, because of changes to the Website or DataPatrol or DataAlert, changes in the law or our arrangements with third parties, we may have to make changes to these Terms and Conditions and we reserve the right to do so at any time.  You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms and Conditions.

 

14.2          We may not notify you individually of any changes in these Terms and Conditions.  It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you access DataPatrol or DataAlert.

 

14.3          If any change is unacceptable to you, you shall cease using the Website, DataPatrol or DataAlert.  Your continued use of the Website and/or DataPatrol or DataAlert after any such changes have been posted on the Website constitutes your agreement to the terms of the updated Terms and Conditions.


15. Use of Apps

 

15.1          The following apply if you use an App to access DataPatrol or DataAlert or aspects of them:

 

15.1.1         these Terms and Conditions apply to the use of any App and the DataPatrol or DataAlert service through the App.  These Terms and Conditions prevail over any conflicting terms which may be imposed by the application distribution platform for use of the App and/or the DataPatrol or DataAlert service through an App;

 

15.1.2         without prejudice to Clause 15.1.1, in Clauses 8 and 10 the word “Website” shall include the word “App”;

 

15.1.3         we will endeavour to ensure the App is available.  We do not guarantee that it will be available at all times or at all, or that it will be fully functional;

 

15.1.4         your use of any App will end at the same time as your use of DataPatrol or DataAlert to which the App relates ends (however that occurred).

 

15.2          To use the App you must have a mobile device that is compatible with it.  We do not warrant that the App will be compatible with your mobile device.  We hereby grant you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.  You acknowledge that we may from time to time issue upgraded versions of the App, but we have no obligation to do so.  These Terms and Conditions will apply to all such upgrades.  The foregoing license grant is not a sale of the App or any copy thereof, and we and our third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App).  Standard carrier data charges may apply to your use of the App.

 

16. Feedback

 

16.1          If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website or DataPatrol or DataAlert, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.


17. Other important information

 

17.1          These Terms and Conditions are a contract between you and us and form the entire agreement between us.  No-one except us and you has any right to enforce these Terms and Conditions.

 

17.2          You may not assign or transfer any or all of your rights or delegate your obligations under these Terms and Conditions to any other person.

 

17.3          We may in our discretion discontinue or modify the Website or DataPatrol or DataAlert (or elements of them) at any time.  We will try to ensure that any such discontinuation or modification does not materially adversely affect the nature of the DataPatrol or DataAlert service provided to you but that may not always be possible if, by way of example only, the changes are required due to changes in the law, by a regulatory authority, or if a third party service on which we rely to provide DataPatrol or DataAlert is no longer available.

 

17.4          You must not create hypertext links to the Website without our prior written permission.

 

17.5          All communications between us will be conducted in the English language.

 

17.6          Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you. Any notice or complaints from you to us must be sent from the e-mail account that is registered for your DataPatrol or DataAlert service to bullguard.queries@experian.com.

 

17.7          If you are receiving DataPatrol and DataAlert under an arrangement with a third party partner, please refer to the Website or any Service Description received from the third party partner, as any enquiries or complaints about DataPatrol or DataAlert may need to be made to the third party partner in the first instance.

 

17.8          California state law and applicable U.S. federal law, without regard to choice or conflicts of law provisions, will govern these Terms and Conditions.  Foreign laws do not apply.  Any dispute relating to these Terms and Conditions, the Website, DataPatrol or DataAlert will be heard in the courts located in Orange county, California.

 

17.9          If any of these Terms and Conditions is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Our failure to enforce any of these Terms and Conditions is not a waiver of such term.

 

 

 

 



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