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TVC1 Limited. Terms & Conditions

1. DEFINITIONS

1.1 In these Conditions the following words shall have the meanings set opposite them:-

"Account" means the account that you open with us for the provision of checkSURE Services by completing an online application form on the Website.

"Charges" means our charges for providing you with the checkSURE Services.

"Credit Data" means any business or financial information and/or data supplied by us relating to any Subject including Third Party Data.

"checkSURE Services" means the real-time credit decisioning solutions that contain Credit Data that we derive from the Database and supply to you in accordance with these Conditions.

"Clients" means those third parties as you introduce to us from time to time under the Referral Scheme and who purchase checkSURE Services, excluding any third parties to whom we already supply or propose to supply the checkSURE Services.

"Database" means the machine-readable databases containing business and financial information from which we derive Credit Data.

"Effective Date" means the date you agree to be bound by these Conditions by clicking to accept on the Website.

"Intellectual Property Rights" means any enforceable intellectual property rights including but not limited to copyright, database right, patent, trade mark, trade secret or registered design right.

"Order" means an online request for us to supply checkSURE Services.

"Parties" means you and us and "party' shall be construed accordingly.

"Quarter Day" means 31 March, 30 June, 31 October and 31 December in any year.

"Referral Code" means the number that we allocate to you to indicate your membership of the Referral Scheme, which can be found under "My Account" on the Website.

"Royalties" means the proportion of the Charges that a Client pays us to which you are entitled in consideration of your introducing the Client under the Referral Scheme, which proportion shall be displayed on the Website from time to time.

"Subject" means any person, company or partnership established in the United Kingdom, whether trading or not.

"Third Party Supplier" means any third party supplier that licences Third Party Data to us.

"Third Party Data" means such Credit Data as Third Party Suppliers have supplied to us.

"We" "us" "our" means checkSURE, which is a trading style of TVC1 Limited.

"Website" means our website having the URL: www.checkSURE.biz

"Working Day" means Monday to Friday excluding bank and public holidays.

"You" means the person firm or corporation that asks us to supply the checkSURE Services by opening an Account.

1.2 Headings used in these Conditions are for convenience only and shall not affect their interpretation.

1.3 These Conditions shall come into force on the Effective Date and each Order shall be subject exclusively to the Conditions.

2. LICENCE

2.1 In consideration of the Charges, we grant to you a non-exclusive non-transferable licence to use the Credit Data that we supply to you as part of the checkSURE Services on the terms set out below.

2.2 You agree to use the Credit Data solely for your own internal business use. You agree not to use store copy sell redistribute or deal with the Credit Data in any other manner or for any other purpose without our prior written consent.

2.3 The Credit Data may comprise Third Party Data. You agree to exercise your own judgment in the use of the Credit Data and shall be solely liable for all opinions recommendations forecasts or comments made or actions taken in reliance on the Credit Data.

3. CHECKSURE SERVICES

3.1 We will not be obliged to accept any Order and we may refuse to provide the checkSURE Services without giving any reason. Where we agree to accept an Order, we will use reasonable skill and care in providing the checkSURE Services.

3.2 Each Order shall constitute a separate and severable contract between you and us.

3.3 We will endeavour to make the checkSURE Services available to you between the hours of [0900] and [1700] hours on each Working Day. However, we cannot warrant the uninterrupted operation of the Website nor that the Website will be free of errors, viruses, trojans, worms or any other malware.

4. YOUR OBLIGATIONS

4.1 You agree not to do or facilitate or attempt to hack into, tamper with, disrupt or circumvent security on the Website or otherwise act in bad faith. If you do so, we may, without prejudice to any other right or remedy available to us:

4.1.1 Suspend or terminate your Account and / or any Order;

4.1.2 Withhold any Royalties that may be due to you;

4.1.3 Refuse to supply you with Credit Data notwithstanding that you have paid us the Charges.

5. REFERRAL SCHEME

5.1 Immediately you hold an Account, you will, unless we notify you otherwise, automatically become a member of our Referral Scheme. Membership of the Referral Scheme is entirely at our discretion. If you are accepted as a member of the Referral Scheme, you will receive a Referral Code.

5.2 The Referral Scheme allows you to introduce Clients to us in return for Royalties. Clients must insert your Referral Code on the online application form when applying for an Account. You will then be eligible to receive Royalties from us once we have received payment in cleared funds from the Client pursuant to an Order. You will not be eligible for any Royalties if a Client omits to insert your Referral Code during the registration process.

5.3 We will send you a breakdown of any Royalties due to you within ten days of the end of each Quarter Day and we will pay you such Royalties as are due to you within thirty calendar days of the end of each Quarter Day.

5.4 We reserve the right to vary the Royalties at any time and any change will be posted on the Website. You are solely responsible for paying any taxes or levies that are due on the Royalties.

6. PAYMENT

6.1 The Charges shall be based on the number of items of Credit Data that you purchase from us.

6.2 The Charges are exclusive of Value Added Tax and where applicable shall be payable at the rate prevailing from time to time. We reserve the right to vary the Charges on written notice to you at any time. For the purpose of the Conditions "written" shall include but not be limited to posting details on the Website.

6.3 Unless we specify otherwise, you must pay the Charges in advance of receiving the Credit Data without deduction or set off. If for any reason your payment fails, we may do one or more of the following, without prejudice to any other rights or remedies available to us:

6.3.1 charge you interest on any portion of unpaid Charges at 4% above the Barclays Bank Base Rate from time to time;

6.3.2 suspend your Account;

6.3.3 withhold any Royalties;

6.3.4 set off the Charges against the Royalties.

7. LIABILITY

7.1 The Credit Data may in whole or part be compiled from or contain advice or opinions based on Third Party Data the accuracy or completeness of which we are unable to verify. Whilst we will use our reasonable endeavours to ensure that the Credit Data is accurate and complete we do not warrant the accuracy or completeness of any Credit Data supplied to you or the validity of any advice or opinion contained in the Credit Data. Accordingly, we will not accept any liability for any error or omission in the Credit Data.

7.2 Any times and dates quoted for delivery of the checkSURE Services are approximate only and we will not be liable for any delay or failure by us or our officers employees or agents in delivering by whatever means the checkSURE Services howsoever caused. Time of delivery shall not be of the essence.

7.3 We will not be liable for any loss of business, loss of profit, loss of contract, loss of goodwill or anticipated savings or any type of special indirect or consequential loss (including loss or damage you suffer as a result of a claim by a third party) even if such loss was reasonably foreseeable or you had advised us of the possibility of your incurring the same.

7.4 Subject to the above provisions, our liability to you in respect of any Order shall be limited to the Charges paid or payable by you in respect of the Order giving rise to your claim.

8. COPYRIGHT

8.1 You acknowledge that all Intellectual Property Rights subsisting in the Credit Data, the Database including the manner in which the Credit Data and Database are respectively presented or displayed, whether or not capable of registration, are either our property or the property of a Third Party Supplier (as the case may be). You will not at any time challenge or dispute our ownership or the ownership of any Third Party Supplier (as the case may be) of any such rights.

8.2 You acknowledge that we have spent and will continue to spend considerable time and resources on the selection and arrangement of the Database as an original intellectual creation and to collect collate compile and reformat the Credit Data. Accordingly we own the copyright in the contents of the Database and its selection and arrangement and the electronic materials necessary for its operation without prejudice to the rights of third parties.

9. CONFIDENTIALITY

9.1 You undertake to keep the Credit Data confidential and limit access to those of your employees who either have a need to know or are engaged in their use and shall not disclose the Credit Data in whole or part in any format or medium to any third party.

9.2 You shall keep the existence and terms of the Conditions confidential and shall not disclose the same to any third party except for your professional advisers or if you are required by law to do so.

10. FORCE MAJEURE

10.1 Neither party shall be under any liability to the other in respect of any failure to carry out or delay in carrying out its obligations under these Conditions (except payment pursuant to Clause 6) attributable to any cause of whatever nature outside its reasonable control.

11. CANCELLATION

11.1 We may cancel an Order at any time on notice to you and our sole liability to you shall be to refund you the Charges you have paid us in respect of the cancelled Order.

11.2 Our right to cancel an Order shall be without prejudice to any other right or remedy available to us for any breach of the Conditions by you and without prejudice to any right expressed to survive termination or expiry of the Condition.

11.3 You may cancel an Order at any time on giving us written notice but you shall not be entitled to a refund of the Charges payable in respect of the cancelled Order once we have accepted that Order.

12. PRIVACY

12.1 In accepting the Conditions you accept and agree to be bound by the terms of our Privacy Policy as displayed on the Website.

13. NOTICES

13.1 Any notice to be served by us in accordance with the Conditions shall be in writing and delivered by first class prepaid post and by email to the address and e-mail address notified to us in the "My Account" section of your Account. Any notice to be served by you to us in accordance with the Conditions shall be in writing and sent by first class prepaid post to our registered office and by e-mail to [affiliates@checkSURE.biz].

13.2 Notices served in accordance with clause 13.1 above will be deemed to have been received by the recipient within 72 hours of posting or 24 hours if sent by email to the recipient's email address.

14. ASSIGNMENT

14.1 We may assign or sub-contract our rights and obligations under the Conditions at any time on notice to you. You may not assign the benefit of or your obligations under the Conditions without our prior written consent.

15. GENERAL

15.1 These Conditions constitute the entire agreement between the parties in respect of the checkSURE Services and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the checkSURE Services.

15.2 You acknowledge that in instructing us to provide the checkSURE Services, you do not do so on the basis of any representation, warranty or any provision not expressly contained within these Conditions.

15.3 Any failure by us to enforce a breach of the Conditions by you shall not be deemed to be a waiver of any subsequent breach of these Conditions that you may make.

15.4 If at any time any one or more of the Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Conditions, which shall continue in full force and effect.

15.5 Nothing in the Conditions shall create or be deemed to create a partnership or joint venture between the parties or the relationship of principal and agent or employer and employee.

15.6 The parties agree that no third party shall be afforded any rights under the Conditions.

15.7 We may amend the Conditions at any time by posting the change on the Website.

15.8 No variation of or waiver of or amendment to the Conditions shall be binding on checkSURE unless agreed in writing by a Director on its behalf.

15.9 English law shall govern the Conditions and the parties agree to submit to the exclusive jurisdiction of the English Courts in all matters regarding the Conditions.

16. REFUNDS

16.1 All our products are delivered instantly into your checkSURE Portfolio for retrieval and storage upon receipt of payment. Refunds are made at the discretion of management.

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