NetIDme Service and Associated Products

Terms and Conditions of Use Including Anti-Fraud Policy

Last Updated: December 2011

These Terms and Conditions, and the terms of the Privacy Policy which are incorporated herein by reference, comprise a legal contract between you (the “User”) and NetIDme Limited and set forth the Terms and Conditions governing your access to, and use of our websites www.netidme.com, www.chatshield.com and other websites that NetIDme may provide from time to time ("Websites") and the NetIDme Service ("Service"), whether as a guest or subscriber. By using the websites and Service, you indicate that you accept these Terms and Conditions and that you agree to abide by them.

You should be aware that these Terms and Conditions may change from time to time in accordance with section 13 below.

The Websites are owned by NetIDme Limited, a company incorporated in Scotland (Company Number SC269495) and whose registered office is at Nasmyth Building, Scottish Enterprise Technology Park, East Kilbride, UK G75 0QR. Email : customerservices@netidme.com VAT Registration No. 847 2969 75

  1. Registration

By registering to obtain a subscription for the Service the User will receive a NetID which can be exchanged with other registered users of the Service in order to enable the User to verify the identity of other registered users. The User may also use the NetIDme Service to vouch for their own identity or other claims that websites may ask them for, such as that they over 18 years of age, without having to disclose any personal information to that website. Full details of the Service can be found at www.netidme.com.

If registering on behalf of a child under 18 years of age, the User confirms that they are the child's parent or guardian.

Once payment has been made as detailed in section 3 below the User will receive an email from us confirming receipt of payment and the User's status. The contract between us is concluded at this point and we will commence provision of the Service. No refunds are available once the Service commences (subject to any statutory rights the User may have to a refund, which shall remain unaffected).

In most cases, users who are over 18 are verified online. In cases where we are unable to verify user details, or in cases where a user is under 18 at the time of registration, we may employ additional offline security checks or ask for additional proof of identity, including in some instances a postal form being generated which requires completion, and identity confirmation from a secondary sponsor as detailed in section 2. If a postal form is required, it should be completed, and returned by post to: NetIDme Ltd at Nasmyth Building, Scottish Enterprise Technology Park, East Kilbride, Glasgow, Scotland, UK, G75 0QR to allow the identity verification process to be completed.

Please be aware that it is the User’s responsibility to enter the correct information at the initial registration stage AND to keep their personal details up to date. Any modification required to the User's personal details after the identity verification process is complete must be made within 14 days of the change occurring and may in some cases be subject to an administration charge of £5.99 GBP including VAT charged at the prevailing rate if residing in the UK, or the foreign currency equivalent if residing outside the UK, to allow the verification process to be repeated. To amend the User's details, please contact customerservices@netidme.com. During the process of identity re-verification the User's account status will be unidentified until the re-verification is complete. If the User does not wish to pay the administration charge they may elect to terminate their subscription but they will not receive any refund (subject to any statutory rights the User may have to a refund, which shall remain unaffected).

In the event that the User's identity cannot be verified, NetIDme will notify the User by email or letter. The User will still be able to use the Service however the User's status will state that they are is unverified.

The User (and if the User is under 18, the User's parent or guardian also) will be liable for any use they make of the Service and must keep all usernames, passwords and log in details confidential. We reserve the right to disable any username or password at any time if in our opinion there has been a failure to comply with these Terms and Conditions.

Important - in the event that NetIDme discover or suspect that fraudulent details have been used to either create or pay for a Net-ID account, access to the account will be immediately suspended. NetIDme reserves the right to provide details of any fraudulent use or suspected fraudulent use to third parties as detailed in the Privacy Policy. Given the sensitive nature of the personal data involved, this is NetIDme's standard policy. It is our aim to ensure that the details of our entire user base are correct and up to date and we will use our reasonable endeavours to ensure that this is the case.

  1. Sponsorship

Primary Sponsor: If the User is under 18, the User's parent or guardian shall act as primary sponsor and contracting party on behalf of the User. If the User is over 18, the User will act as primary sponsor (i.e. self-sponsor) and will be the contracting party.

Secondary Sponsor: The User's secondary sponsor must be an adult over 18 years of age who can verify the User's identity, age and home address and, if the User is under 18, knows the User's primary sponsor. The secondary sponsor must be a professional person e.g. a teacher, doctor or lawyer, or if the User is under 18 and still at school, a member of the teaching or management staff at the school which the User attends.

  1. Payment

Payment for the Service is on a subscription basis payable to NetIDme Limited or their appointed agent.  The User must pay for their NetID via the online payment system implemented by the Company. Any payment system we use may be used to verify the User’s identity.

  1. Subscription

Monthly, quarterly or annual subscription account to the Service will run from the initial date of purchase to the same date the following month, quarter or year, unless expressly prohibited by local consumer protection legislation in which case, local laws will take precedence.

NetIDme may also offer ‘Lifetime Subscriptions’ to the Service. Accounts with lifetime subscription are subject to the same Terms and Conditions as accounts on other plans.

  1. Use of a NetID and the Service

The User’s NetID account details must be kept confidential and should never be used by anyone other than the User. If we suspect or identify cases where Users are sharing or using another person’s NetID account (with their permission, or without), we reserve the right to suspend these accounts. We may also inform the relevant authorities of the fraudulent use of identification information. NetIDme will seek to prosecute all persons who attempt to fraudulently use the Service.

If NetIDme has cause to suspect that a User's details are incorrect or out of date, we reserve the right to mark the User's status as unidentified pending confirmation of the information with the User (or the User's parent or guardian as applicable).

A NetID can be used by the User for the following:

  1. to check the identity of other subscribed NetIDme users;
  2. to prove identity or age on web sites displaying the NetID Authenticate logo;

Important: NetIDme will not be responsible for any use made of a NetID or the Service as a result of fraudulent, incorrect or out of date details which have been used to create a NetID or to subscribe to the Service, except to the extent that the same is directly attributable to NetIDme's failure to exercise reasonable skill and care in the provision of the Service.

The User may only use the Service for lawful purposes. Users may not use the Service:

  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or intending to harm any person in any way;
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards detailed in the following paragraph;
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional materials or any other form of similar solicitation (spam);
  6. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware as detailed in section 15.

Users also agree not to use the Service or a NetID in any way which:

  1. is defamatory of any person;
  2. is obscene, offensive, hateful or inflammatory;
  3. promotes sexually explicit material;
  4. promotes violence;
  5. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  6. infringes any copyright, database right, trade mark or other intellectual property right of any other person;
  7. is likely to deceive any person;
  8. is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  9. promotes any illegal activity;
  10. is threatening, abusive or invasive of another's privacy, or causes annoyance, inconvenience or needless anxiety;
  11. is likely to harass, upset, embarrass, alarm or annoy any other person;
  12. impersonates any person or misrepresents the User’s identity or the User’s affiliation with any person;
  13. advocates, promotes or assists any unlawful act.

We reserve the right to withdraw access to the Service if the User has used it in any way which contradicts these terms.

  1. Termination

Any notice of termination by the User must be signed and posted to NetIDme Ltd, Nasmyth Building, Scottish Enterprise Technology Park, East Kilbride, Glasgow, Scotland, UK G75 0QR.

When a subscription is terminated, the User’s account will be deactivated.  Users will be able to reactivate their account at any time within a five year period.  After five years the User’s account and all associated information will be permanently deleted in accordance with section 12.

  1. Refunds

Subscriptions: No refund will be available for subscription payments as we will commence provision of the Service to the User immediately upon receipt of their payment.  However, this shall not affect any statutory rights that the User may have to a refund.

ChatShield: Once payment has been received, the User will be sent an email confirming their purchase and redirecting them to our download area. Use of the ChatShield software is subject to an end user Software Licence Agreement and the User will be given the opportunity to either accept or decline the terms of the Software Licence Agreement within the download area. If the User accepts the terms of the Software Licence Agreement once downloading has commenced, no refunds can be made or will be offered. However, this shall not affect any statutory rights the User may have to a refund.

Registration failure: Upon a registration failure due to customer error, a full refund will be awarded if a new successful registration is completed.  Registration will be successful on the condition that all requirements are met.  Customer details which are entered at registration must all be correct and match the details on any ID documents submitted to NetIDme.  The new successful registration must be affiliated to a successful payment.  Refunds will be processed within 48 hours of the User’s identity and registration being fully validated.

Incomplete registration: As part of the verification process, the User may be requested to submit additional copies of ID documentation.  If the User does not complete the verification process, verification cannot be completed and no refund will be awarded.

  1. Disclaimers of warranties

Except as expressly stated herein, NetIDme, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the websites, including without limitation the data, the materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Websites, the Service and any information or data or material contained on the websites or provided through the Service are provided to the User on an "as is" and “where-is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Any data, material or content downloaded or otherwise obtained through the use of the Service is done at the user's own discretion and risk and the User will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.

  1. Limitations of liability

NetIDme shall exercise reasonable skill and care in the provision of the Service. Neither NetIDme nor any of its partners, agents, affiliates, third party service providers or content providers shall be liable to the User or any third party for any indirect, incidental, special or consequential damages arising out of or related to the use or attempted use of the Websites, the Service or the data or materials on the website, however arising, whether for breach or in tort or delict (including negligence), even if NetIDme was informed of the possibility of such damages. In no event shall the aggregate liability of NetIDme to the user or any third party in connection with these Terms and Conditions exceed the subscription fees actually paid by the User to NetIDme.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain categories of damages. Accordingly, some of the above limitations may not apply to the User. In particular, this does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter. The User’s non-excludable statutory rights in the territory where they receive the Service remain unaffected.

  1. The NetIDme tools and add-ons

Installation of NetIDme tools and add-ons are provided free of charge and on an ‘as is’ basis.

  1. Personal data

By registering to obtain a subscription for the Service, the User is consenting to their personal information being used to verify their identity. The identity verification process may include disclosing their personal information to third party data providers including credit reference agencies. The data providers may check the details supplied against any particulars on any database (public or otherwise) to which they have access. NetIDme may also use the User’s details in the future to assist other companies for verification purposes.

Please note: The verification check will be registered as an 'unrecorded enquiry' on the User’s credit report. An unrecorded enquiry is any search that was not made for lending purposes. It is not visible to lenders. It is only included on the User’s credit report so that they know the search was made, but it does not affect the User’s credit rating or score when they apply for credit.

Please refer to the NetIDme privacy policy, which is incorporated into these Terms and Conditions by reference, for more information on our policies regarding personal data.

  1. Data retention

In accordance with the Data Retention Regulation 2009 and the Money Laundering Regulation 2007 all data processed will be retained for five years.

No data file or record will be retained for more than 5 years after withdrawal unless a good reason can be demonstrated as outlined in the Money Laundering Regulations 2007.

  1. Changes to the websites and these terms and conditions

We aim to update the Websites regularly, and may change the content at any time without notice. If the need arises, we may suspend access to the Websites, or close them indefinitely. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

In addition, we may revise these Terms and Conditions at any time by amending this page for reasons of compliance with changes in the law or to incorporate requirements from other countries that the Service is made available.  The User is expected to check this page from time to time to take notice of any changes we have made. If we do so in a significant way we shall endeavour to post an appropriate notice on the homepage of the Websites. The User’s continued use of the Websites following a change in these Terms and Conditions will represent an agreement by them to be bound by the Terms and Conditions as amended. If they do not accept a change to these Terms and Conditions which has a material effect on the Service, they may terminate their subscription and receive a pro rata refund of the annual subscription fee which relates to the unexpired portion of the year. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Websites.

  1. Intellectual property rights

NetIDme is the owner or licensee of all intellectual property rights on the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. Subject to the following, all such rights are reserved.

The User may print off one copy, and may download extracts, of any page(s) from the Websites for their personal reference and they may draw the attention of others to material posted on the Websites. The User must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Websites must always be acknowledged.  The User must not use any part of the materials on the Websites for commercial purposes without obtaining a licence to do so from us or our licensors. If the User prints off, copies or downloads any part of the Websites in breach of these Terms and Conditions, their right to use the Websites will cease immediately and they must, at our choice, return or destroy any copies of the materials they have made.

Where the Websites contain links to other sites and resources provided by third parties, these links are provided for the User’s information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from the User’s use of them.

  1. Viruses, hacking and other offences

The User must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites. The User must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, the User would commit a criminal offence under the Computer Misuse Act 1990 in the UK or equivalent legislation in their territory. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing their identity to them. In the event of such a breach, the User’s right to use the Websites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to their use of the Websites or to their downloading of any material posted on them, or on any website linked to them.

  1. Jurisdiction and Applicable Law

Subject to below, the parties hereby agree that these Terms and Conditions shall be subject to and construed in accordance with the laws of Scotland and the parties prorogate the exclusive jurisdiction of the Scottish courts.

However, the laws of the User's jurisdiction may override the above paragraph and dictate that the laws of the User's jurisdiction shall apply to these Terms and Conditions, in which case either party may seek to apply such laws. Similarly, the laws of the User's jurisdiction may reserve an over-riding right for the User to bring proceedings in the courts of the country in which the User is domiciled, in which case NetIDme shall also have the right to bring proceedings in that country.

  1. Language

The parties hereto confirm their express wish that this agreement as well as all other documents related to it, including notices, be drawn up in the English language only and declare themselves satisfied therewith.

Les parties confirment leur accord que tous documents officiels sur nos produits sont et seront rédigés en Anglais.

Copyright © NetIDme Limited 2004-2012. All rights reserved. Patent reg. 3 October 2007 - GB2419791.