iD-Refcheck – Terms & Conditions
Terms & Conditions
In these Terms and Conditions:
Accredited Partner: i-Digital has and will enter into business and contractual arrangements with 3rd parties for the purposes of promoting, marketing, and/or utilizing selling the i-Digital WaterMark. Such 3rd parties are known as Accredited Partners and in terms of the contracts that i-Digital enters into with its Accredited Partners, these Terms and Conditions bind them.
* Any person to whom the Customer has given the necessary consent and/or authorisation to access and verify the validity of the WaterMark and the personal data specified by the Customer in the i-Digital application form.
* In terms hereof any person/s, company/ies, organisation/s, recruitment agent/s, interested 3rd party/ies, to whom the Customer has submitted the WaterMark for inspection in digital or paper form shall be deemed to have received the Customerâ€™s consent.
* Such implied consent shall not prevail where the Customer has entered into an alternative contract/arrangement with i-Digital, in which event compliance with and implementation of the terms set out in such arrangement/contract shall constitute authorisation and/or consent.
* Further, in terms hereof, and for the purposes set out herein, i-Digital, its employees and its accredited partners and any 3rd party with whom i-Digital has any operational arrangements shall be deemed to be authorised users.
i-Digital: means I-Digital Corporation Limited of 31 Musuem St, London, WC1A.1LH, registered in England No. 4074088 and all of its subsidiaries and affiliates, a comprehensive listing of which is available on request.
WaterMark: means an electronic certificate by which e-mails, electronic messages, rÃ©sumÃ©â€™s, CVâ€™s or paper documentation may be endorsed in a manner which (i) displays the i-Digital WaterMark; (ii) specifies the serial number of the WaterMark; and (iii) identifies i-Digital as the issuer of the WaterMark.
Charges: means a list of charges for the Service as may be indicated for Customers on the website or as may be required from authorised users by i-Digital for the services offered in terms hereof.
Compromise: means a violation or suspected violation of i-Digital's security policy designed to prevent unauthorised disclosure of, or loss of control over Customer personal data.
Customer: means the person so named on the Application Form or during the on-line application process, and anyone reasonably appearing to i-Digital to be acting with that person's authority or permission.
Digital Signature: means a transformation of a message using an asymmetric cryptography system such that a person having the initial message and the signer's Public Key can accurately determine whether the transformation was created using the Private Key that corresponds to the signer's Public Key and whether the message has been altered since the transformation was made.
Operational Service Date: means the date when the Customer's WaterMark is first made available to the Customer.
Service: means the service, which comprises the provision of WaterMarks verifying the authenticity and veracity of personal or other data and also comprises ancillary and related services.
2. PROVISION OF THE SERVICE
2.1 i-Digital reserves the right, at its sole discretion, to refuse to provide the Service if it is unable to validate the information provided by the Customer on the online Application Form.
2.2 i-Digital will use reasonable endeavours to provide the Service by the date (if any) agreed with the Customer but except as may be specified in the applicable Service Schedule, all dates are estimates and i-Digital has no liability for any failure to meet any date. The Customer hereby acknowledges that in order for i-Digital to be able to meet any deadline (binding or otherwise), the Customer must provide complete and accurate information and payment details (if applicable) on the Application Form and respond promptly to administrative requests from i-Digital.
2.3 i-Digital will provide the Service with the reasonable skill and care of a competent on-line service provider. The Customer acknowledges that once any WaterMark has been issued i-Digital shall have no continuing duty to monitor or otherwise investigate the accuracy of the information contained in that WaterMark unless i-Digital is notified in writing or through secure electronic messaging of a breach or compromise of the Customer's WaterMark and personal information relating thereto in terms of paragraph 3 hereof.
2.4 i-Digital has no control over the sources of information pertaining to the Customer, and performs whatever searches it deems appropriate in order to confirm the requisite data on an applicant. i-Digital will not enter into communication with any individual or organisation seeking to challenge any information found during these searches.
2.5 i-Digital only reports on information it finds in the various relevant sources of information to which the Customer has directed it through filling in the Application Form. i-Digital makes no qualitative or relative judgements on the information, and does not modify the information in any way save and except to the extent that it might need to in order to report, paraphrase, label and define the results of its searches.
2.6 It is technically impracticable to provide a fault free Service and i-Digital does not undertake to do so. i-Digital will however repair any reported faults as soon as it reasonably can.
2.7 Occasionally i-Digital may:
(a) change the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
(b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency, but before doing so will give as much on-line, written or oral notice as is reasonably practicable. i-Digital will restore the Service as soon as it reasonably can after suspension; or
(c) give the Customer instructions which it believes are necessary for reasons of safety or the quality of the Service to the Customer or any other Customer of the Service.
2.8 By providing a WaterMark for the Customer, i-Digital promises to the Customer and to any Authorised User that:
(a) there are no data transcription errors in the WaterMark relating to the information supplied by the Customer when enrolling for the Service;
(b) i-Digital will promptly revoke a WaterMark if there has been a loss, theft, modification, unauthorised disclosure, or Compromise of the Customer's WaterMark; a procedural discrepancy in the issuance of the WaterMark; or if the Customer has breached a material obligation under these Terms and Conditions; or if the Customer has requested such revocation.
(c) i-Digital will notify the Customer of any facts known to i-Digital that materially affect the validity and reliability of a WaterMark issued to the Customer.
3.1 The Customer must immediately inform i-Digital if there is any reason to believe that a WaterMark has become compromised or is likely to become known or used by someone not authorised to use it or is being or is likely to be used in an unauthorised way.
3.2 The Customer must not modify or attempt to modify a WaterMark.
3.3 i-Digital reserves the right to revoke the Customer's WaterMark at any time if there is a risk of compromise to the integrity of the WaterMark.
4. USE OF THE SERVICE
4.1 i-Digital will make the WaterMark available to 3rd parties who wish to check on the veracity of the information affirmed and verified by the WaterMark on such terms and conditions as may be agreed between i-Digital and said Authorised User. Consent to such inspection and verification by authorised users of the i-Digital service is hereby granted by the Customer.
4.2 Such consent may be modified and superseded by the Customer should the Customer enter into An alternative arrangement/ agreement with i-Digital. In the absence of such an arrangement the situation as set out in para 6.1 will be deemed to prevail.
4.3 The Customer is solely responsible for any representations of any kind offered to third parties in relation to the use of the WaterMark. i-Digital will not be a party to or in any way responsible for any transactions between the Customer and third parties. The Customer expressly acknowledges that i-Digital accepts no liability of any kind in relation to or arising from any representation or warranty or other statement made by the Customer to any third party, prospective employer, or authorised user of i-Digitalâ€™S services, nor for any representations, warranties or other statements made by such third parties to a Customer, including without limitation any such communication which incorporates a WaterMark.
4.4 The Customer warrants that all information included by the Customer in the on-line Application Form is accurate.
4.5 The Service must not be used in a way that is in any way unlawful.
4.6 If the Customer uses the Service in contravention of this agreement i-Digital may revoke the Customer's WaterMark.
4.7 If, in i-Digital's sole opinion, there are reasonable grounds to believe that the Customer's details are unreliable, or information or lack thereof are likely to compromise the integrity of the WaterMark i-Digital may refuse to provide a WaterMark. Or on satisfaction of i-Digital's reasonable requirements, including payment of any applicable charges, i-Digital may then provide a WaterMark if any difficulties occasioned by such inaccuracies have been resolved.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 i-Digital grants the Customer a non-exclusive, non-transferable license to use the WaterMark for the minimum period established in terms hereof and for any extensions of that period agreed to in terms hereof.
5.2 The Customer will not, without i-Digital's prior written consent, copy, modify, tamper with or interfere with the WaterMark.
5.3 i-Digital may from time to time offer updates or modifications to the WaterMark and increased levels of service or a more extensive range of personal data verification options. Any applicable charges for such updates or modifications or more extensive verification options will be notified to the Customer and the Customer may take advantage of such increased levels of service services and options at their election.
5.4 Unless otherwise provided, it is an essential term hereof that WaterMarks remain and are the sole and exclusive property of i-Digital.
6.1 i-Digital will keep in confidence any information of a confidential nature obtained under these Terms and Conditions and will not disclose that information to any person (other than authorized users, prospective employers or authorized third parties, or in the case of i-Digital the employees of an i-Digital Group Company who need to know the information) without the consent of the Customer.
6.2 The Customer acknowledges herewith that the purpose of obtaining the WaterMark is for the verification of personal or other data by Authorised Users. The Customer further acknowledges that i-Digital has operational arrangements with certain third parties and Authorised Users in relation to the Service.
6.3 The Customer acknowledges that the personal information referred to in para 2 relates to the areas of information identified by the Customer on the Application Form which will be confirmed by the WaterMark(s) and the Customer consents to the disclosure of such information.
6.4 The Customer hereby consents to the disclosure of such confidential personal information to the aforementioned third parties and Authorised Users on such Terms and Conditions as i-Digital may deem fit.
6.5 This paragraph 6 will not apply to:
(a) any information which has been published other than through a breach of this Terms and Conditions;
(b) information lawfully in the possession of the recipient, authorised user or authorised third party before the disclosure in terms of this agreement took place;
(c) information obtained from a third party who is free to disclose it; and
(d) information which a party is requested to disclose and if it did not could be required by law to do so.
6.6 This paragraph 6 will remain in effect for 2 years after the termination of this Terms and Conditions.
7. CONSENT IN RELATION TO CUSTOMER'S PERSONAL DATA
7.1 The Customer acknowledges that in order to provide the Service, i-Digital or its agents must examine, evaluate, and otherwise process the information supplied by the Customer on the Application Form (in whatever medium), including without limitation personal data; and that i-Digital may choose or be required to send such data outside of the European Economic Area for processing.
7.2 The Customer hereby grants i-Digital permission to process or permit others (wherever located) to process the Customer's personal data or any other data supplied by the Customer that may be subject to any law or regulation in a manner i-Digital considers reasonably necessary to the provision of the Service and consistent with this Terms and Conditions.
7.3 The Customer also agrees to provide the necessary Power of Attorney/Consent as required with the i-Digital Application. The Customer acknowledges that i-Digital requires such consent and/or authorisation in order to approach the necessary institutions, organisations or governmental bodies as may be required in order to verify the Customerâ€™s personal or other data. Failure to provide such Power of Attorney/Consent may result in i-Digital refusing to issue a WaterMark.
8. CHARGES, COSTS
8.1 The charges for the Service will be calculated in accordance with the Charges set out on i-Digitalâ€™s website/s. Value Added Tax or other relevant taxes will be added as appropriate. The making of an application to purchase or update a WaterMark, or to receive the i-Digital accreditation, authorises i-Digital to debit electronically the Customerâ€™s account or charge his/her credit card for relevant fees.
9. LIMITATION OF LIABILITY
9.1 i-Digital is not liable to the Customer, either in contract, or in terms these Terms and Conditions, nor in tort (including negligence) or otherwise, nor for any direct or indirect loss, financial or otherwise, of anticipated earnings or savings, nor for any indirect or consequential loss or damage. The Customer holds i-Digital blameless from any and all adverse consequences, financial or otherwise that may befall him/her as a result of i-Digital conducting its enquiries in terms hereof.
9.2 i-Digital excludes all liability of any kind in respect of any transaction into which the Customer may enter with any third party.
9.3 The liability limits set out in this paragraph govern all of the Customer's uses of the Service, including without limitation the Customer's reliance on WaterMarks issued to third parties.
9.4 Each provision of this Terms and Conditions, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
10.1 Either party may terminate the relationship established in terms hereof without notice if the other:
(a) commits a material breach of these Terms and Conditions, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
(b) commits a material breach of these Terms and Conditions which cannot be remedied; or
(c) is repeatedly in breach of these Terms and Conditions.
10.2 If any of the events detailed in paragraph 15.1 occur because of the Customer, i-Digital may revoke the Customer's WaterMark(s) without prejudice to its right to terminate this Terms and Conditions. Where a WaterMark is revoked under this paragraph, the Customer must continue to abide by the terms of this Terms and Conditions.
10.3 If this Terms and Conditions is terminated by i-Digital during the Minimum Period because of an event specified in paragraph 15.1, the Customer must pay any outstanding charges due, if any, for the remaining part of the Minimum Period.
11. CHANGES TO THESE TERMS AND CONDITIONS
i-Digital can change these Terms and Conditions at any time subject to 14 days' notice, which will be published on the i-Digital website.
Notices given under these Terms and Conditions must be in writing and delivered by hand, or sent by prepaid post, facsimile, or secure electronic messaging as follows:
(a) to i-Digital at the address of i-Digital International's registered office or at the appropriate e-mail address of the i-Digital subsidiary the Customer is dealing with, listed on the i-Digital website.
(b) to the Authorised Customer at the address of the Customer, or to the Customer's e-mail address.
SCHEDULE FOR i-DIGITAL WATERMARKS
The provisions of this Schedule are in addition to the Conditions for i-Digital and form part of these Terms and Conditions.
1. Service Overview
(a) Description: A digital certification standard for creating a secure trust environment for the storage, transmission and verification of personal or other information on the World Wide Web.
(b) Uses: The primary use of WaterMarks is to enhance and confirm the veracity of the information contained in these instrumentsÂ in order for Third Parties or Customers to obtain enhanced assurance as to the accuracy of personal or other information.
(c) Assurance Level: WaterMarks represent that a check has been satisfactorily undertaken of the Customer's personal data. A WaterMark will always contain and confirm the information referred to in the Application Form.
(d) Serial Number: Unique identifier for individual WaterMark. Contains;
* Date of issue of first WaterMark.
* Date of latest search.
* Unique identity code for the data subject.
2. The Term of the License
(a) Minimum Period: The Customer is granted a license in terms hereof to use the WaterMark for a Minimum Period of 1 year from date of Watermark issue. Such license will expire at the end of such period except if it is re-newed and extended as stipulated below. The reason for this stipulation is that the currency of the WaterMark will have great bearing on its commercial validity so all parties involved recognize the need to keep WaterMarks up-to-date.
(b) Renewal: The license can be renewed, at the option of the Customer, in which event the necessary searches are re-performed and the WaterMark updated accordingly. The cost of such renewal shall be for the fee stipulated and determined on the i-Digital website. The renewal of a Watermark will not be automatic and will require a specific request from Customer.
(c) Extension: The minimum period of the license can be extended, at the option of the customer, for an additional period of 1 year, no additional searches or updated WaterMark being issued. The cost of such extension shall be for a fee stipulated and determined on the i-Digital website. Such extension shall be for an additional year only and no further extension of the WaterMark shall be allowed.
(d) Expiration: The customer shall have the option of renewing or extending the minimum period of the license on making Application for a i-Digital WaterMark. In the absence of the Customer electing such an option, the Customer must notify and make application to i-Digital to renew or extend the Period of the license during the period of the license. In the absence of such renewal or extension the license shall expire.
3. Application for Generation and Delivery of the WaterMark
After the Customer completes the Application Form and transmits it electronically to i-Digital, i-Digital will perform such reasonable checks as is required to ascertain and determine the veracity of the information required for purposes of the WaterMark.