Terms & Conditions
This website is operated by DataCheck Limited:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND PLACING ANY ORDER AND RETAIN A COPY OF THESE FOR FUTURE REFERENCE.
1. Format of the Contract
1.1. These Terms and Conditions apply to your use of the Website and to all products/services.
1.2. We reserve the right to change these Terms and Conditions at any time without notice to you and the amended Terms and Conditions will be posted on our website. Updated versions of these Terms and Conditions will be effective when they are posted on our website.
1.3. This contract exists between us for the supply of any Products until we have received and accepted your order and until we have received payment of the Price from you in full in relation to Products we offer you where payment of the Price is required upfront / immediately.
Price means collectively or individually as the context so requires the price for the Products as set out on the Website from time to time.
Products means collectively or individually as the context so requires our services which are available for you to purchase and access as detailed on the Website from time to time.
Promotion means either a reduced Price for the Products or extended access to the Products which we may offer to you from time to time either on our own account or in accordance with arrangements we have in place with third-party organizations.
Website means the website located at www.datacheck.com.pk
3. Description and Price of the Products
3.1.The description and Price of the Products you order will be as shown on the website at the time you place your order. We reserve the right to change the description of the Products in accordance with clause 3.4 below.
3.2. If you order our Credit Report you will receive the Product on payment of the fee, the Price of which is set out on the Website, which will be collected in accordance with clause 5 below.
3.3. We reserve the right to change the description, form, and content of the Products or discontinue the whole or part at any time in our absolute discretion though we will not materially reduce the nature of the Product that you purchased.
3.4. We reserve the right to update, suspend, vary or withdraw the Website in whole or in part at any time in our absolute discretion
3.5. The Products offered on the website are intended for Pakistani customers only.
4.1. Before you can purchase the Products you must register on the Website. By registering on the Website you agree to these Terms and Conditions. We reserve the right to refuse to register you in our absolute discretion and we are not obliged to notify you as to reasons why we have refused to register you.
4.2. You may only register on our Website and you may only purchase our Products if you are over 18 years of age.
4.3. You may only purchase, use and access the Products on your own behalf and not on behalf of any other party. It is unlawful to order credit information about anyone else.
5.1. Payment for the Products should be made by entering your payment card details into the relevant part of the website.
5.2. In the event that you do not pay us for any reason including, without limitation, the action of you charging back a credit card or debit card transaction for any reason, you agree that:
We may cancel your access to the Product and we may refuse you the right to purchase any further Products or services available on our website.
6. Definition of service and your right of cancellation
6.1.As this is not a subscription service there is no requirement for a cancellation policy
6.2.As we may suspend or terminate your use of the website if you commit a material breach of these terms or if we have reasonable grounds for suspecting fraud
6.3. At the point you access any Product due to the fact that the information is then available to you for use and the services are being performed you will no longer have any right to a refund or to cancel the contract.
7.1. Your right to access the Products is personal to you. You must not allow any other person to gain access to your Products using your username and password. You must keep your username and password confidential.
7.2. We reserve the right to suspend your access to the Website if at any time we consider that there is or is likely to be a breach of security of your use of the website is in any way detrimental to us or any third party
7.3. We reserve the right (in our absolute discretion) to require you to change any or all of the passwords used by you in connection with the website.
8. Intellectual Property
8.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in our website and all materials including without limitation, the content in the Product (s) and any other materials made available as part of your use of this Website, shall remain at all times invested in us or our licensors.
8.2. You may take reasonable copies of the material provided as part of the Product solely for your one personal use and you may not use it to make any commercial gains or another purpose. Redistributing, republishing, copying, adapting or otherwise making material on our website available to third parties is prohibited.
9. Limitation of Liability
9.1. Notwithstanding any provision of the contrary, nothing in these Terms and Conditions and in particular the provisions within this clause 9 excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. Nothing in these Terms and Conditions affects any statutory rights you may have as a consumer.
9.2. We will use reasonable endeavors to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server (s) that make it available are free of viruses or bugs or are compatible with any hardware and/or software you use or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to your for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Website. Except as otherwise stated in these Terms and Conditions we will not be liable whether for the breach of the contract, negligence or otherwise for any director or indirect economic losses you may make (these include without limitation any loss of revenue or loss of income); or any indirect, special or consequential losses arising out of or in connection with the provision of the Products whether these losses were foreseeable or not at the time you purchase the Products.
9.3. We will use reasonable endeavors to ensure that the information provided in the Products is accurate, however, we rely on information from various different sources to put together the Products. We accept no liability for any losses you may incur due to the details of any credit checks being inaccurate or not up to date.
9.4. Except as expressly stated in these Terms and Conditions we give no conditions, undertakings or warranties (whether express or implied) in relation to any Products or services provided under or connected with these Terms and Conditions.
9.5. Our total liability to you (whether in contract, tort or otherwise) for any loss or damage arising out of your use of the Product will be limited to the amount paid by you for such Product.
11. Hyperlinks to other websites
11.1. To provide increased value to you, we may provide links to other website or resources for you to access at your sole discretion. You acknowledge and agree that, as you have to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
12.1. The contract between us and your use of the Website shall be governed by the laws of Pakistan and any dispute between us will be resolved exclusively in the courts of Pakistan.
12.2. We shall be under no liability for any delay or failure to deliver the Products and /or services or otherwise perform any obligation as specified in these Terms and Condition if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
12.3. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless agreed upon in writing by us
12.4. We reserve the right to transfer, assign, novate or sub contract the benefit of the whole or part of any of our rights or obligations under the Terms and Conditions or any related contract to any third party including (without limitation) to any purchaser of business
12.5. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
12.6. No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.