Terms and Conditions
TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP OR WEBSITE
What's in these terms?
These terms tell you the rules for using our “stashd” or Cognosco products and services through either our App and when accessing our website (and using your account) (our Services).
Who we are and how to contact us?
iPassport Ltd is registered in England and Wales under company number 11210943 and have our registered office at Suite 8, Metropolitan House, 38-40 High Street, Croydon, England, CR0 1YB. We are a limited company.
To contact us, please email email@example.com.
If you do not agree to these terms, you must not use our Services.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services (see below).
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Services
We may update and change our Services from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
What Services we provide (App and website)
We provide identity verification and document storage services.
The use of our App and website is not intended for people under the age of 13. To use our App or create an account on our website, you must be:
- 16 years of age or over; or
- if you are under 16, if necessary have permission to use our Services from your parent or legal guardian (which will depend on your age and where you live).
If we believe that you have not told us your true age (or have not received parental consent if required by your local law), we may suspend your use of our Services or your account until you have provided us with acceptable proof of age (or parental consent).
You can only create one account with us. You will be able to add new documents to your existing account (but you cannot create a second account).
You control what information you upload to our App or website and add to your account. You also control what third parties are able to use this information in verifying your identity.
We enter into contracts with third parties who wish to use our services to verify your identity.
We are not a replacement service; where you are legally obliged to valid and up-to-date carry identification documents on your person you must do so.
We are not responsible for any third party organisation you have “Trusted” declining to provide you with goods or services service or products due to the information not being accepted (e.g. Passport expiry is less than 3 -6 months away).
When accessing a third party website or third party equipment using our “stashd” service, an invitation is made to enrol you in our service. Where equipment with a passport reader or NFC device is available at this point in time, this will provide you with the functionality to confirm you wish to proceed and following this confirmation, it will then capture your passport details to both register and activate an account in your name. When an account has been activated, a user identification code or pin-code is printed from the equipment, or an email is sent to the email address you provided upon registration.
Alternatively, when a passport reader is not available at this point in time, you can register your details manually using our App or website, and later activate the account when the appropriate equipment or a mobile device is available to capture your passport details. Upon a successful activation, a user identification code or pin-code is printed or a confirmation email is sent to the email address you provided upon registration.
You can delete your account at any time. If you or we close your account, you will lose access to your account and to all of the information and services associated with it.
Once your account is closed, we will delete the information from our server, including all identifying attributes and the documents they were sourced from, all biometric data and all other 'non-identity' attributes. You should delete the App from your device promptly following closure of your account.
Sharing information using our Services
You decide when you want to use our services to identify yourself to a third party. When a third party requests you to use our services, you can accept or decline this action.
We may suspend or withdraw our Services
Our App and website is made available free of charge.
We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
You will be required to set up an account. If you choose, or you are provided with, a user identification code, pin-code, password or any other piece of information as part of our security procedures for account management, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code, pin-code or password, you must promptly notify us at firstname.lastname@example.org.
How you may use material on our Services
We are the owner or the licensee of all intellectual property rights in our App or website, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not do any of the following.
- Copy, sell, give, assign, or market our App or website to any third party.
- Modify, reuse, disassemble or decompile our App or website or any part of it.
- Reverse engineer our App or website or any part of it (this means analyse our App in order to work out its function or structure, whether with or without the intention of re-creating or modifying it).
- Translate or create derivative works (adaptations) based on our App or website or any part of it.
You may print off one copy, and may download extracts, of any page(s) from our App or website for your personal use and you may draw the attention of others within your organisation to content posted on our App and/or website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you 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 content on our App and website must always be acknowledged.
You must not use any part of the content on our App or website for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this App or website
The content on our App and website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App and website.
Although we make reasonable efforts to update the information on our App and website, we make no representations, warranties or guarantees, whether express or implied, that the content on our App or website is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Services contains links to other Apps or websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those Apps, websites or resources.
User-generated content is not approved by us
This App or website may include information and materials uploaded by other users of the Services, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our App and website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us at email@example.com.
Our responsibility for loss or damage suffered by you
- Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our App or website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Services; or
- use of or reliance on any content displayed on our App or website or any of our services.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user:
- Please note that we only provide our Services for your domestic and private use. You agree not to use our App or website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
You may use our Services only for lawful purposes. You may not use our Services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our App or website;
- any equipment or network on which our App or website is stored;
- any software used in the provision of our App or website; or
- any equipment or network or software owned or used by any third party.
Uploading content to our App or website
Whenever you make use of a feature that allows you to upload content to our App or website, or to make contact with other users of our App or website, you must comply with the content standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our App or website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App or website a limited licence to use, store and copy that content and to distribute and make it available to third parties where agreed. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App or website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our App or website if, in our opinion, your post does not comply with the content standards set out below.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use the material you upload
When you upload or post content to our App or website, you grant us the following rights to use that content:
- a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website or App and across different media.
- to use the content to promote the App or website or the services provided by us.
- To allow third parties to use the content for their purposes or in accordance with the functionality of the App or website.
These licences will expire when the information is deleted from the App or website.
These content standards apply to any and all material which you contribute to our App or website (Contribution), and to any interactive services associated with it.
The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
iPassport Ltd will determine, in its discretion, whether a Contribution breaches the content standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from the business if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our App or website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our App or website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App or website, the server on which our App or website is stored or any server, computer or database connected to our App or website. You must not attack our App or website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App or website will cease immediately.
Rules about linking to our App or website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our App or website in any website that is not owned by you.
Our App or website must not be framed on any other App or website, nor may you create a link to any part of our App or website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to link to or make any use of content on our App or website other than that set out above, please contact firstname.lastname@example.org.
Third party rights
Your rights or obligations under these terms and conditions cannot be transferred, assigned, sublicensed, subcontracted, dealt in any other manner without our prior written approval. No other person has any right to enforce any of these terms and conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Which country's laws apply to any disputes?
Breach of these terms
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our App or your account.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.