DEFINITIONS
IN THESE TERMS OF SERVICE, THE FOLLOWING TERMS, INDICATED WITH A CAPITAL LETTER, WHETHER SINGULAR OR PLURAL, SHALL HAVE THE MEANINGS SET FORTH BELOW. HEADINGS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT INTERPRETATION. WORDS SUCH AS āINCLUDINGā AND āSUCH ASā SHALL BE INTERPRETED AS āINCLUDING WITHOUT LIMITATION.ā
ACCOUNT MEANS THE CAPITA-SCREENING ACCOUNT CREATED BY AN APPLICANT ON THE WEBSITE IN ORDER TO ACCESS AND PARTICIPATE IN SCREENING CHECKS, SCREENING WORKFLOWS, SCREENING UPLOADS, AND SCREENING REPORTS OFFERED BY CAPITA-SCREENING THROUGH THE WEBSITE AND/OR ANY AFFILIATED APPLICATION(S).
APPLICANTāS SERVICE MEANS CAPITA-SCREENINGāS APPLICANT-FACING SERVICE AND WORKFLOW AVAILABLE TO APPLICANTS, INCLUDING ANY ONBOARDING, IDENTITY VERIFICATION STEPS, BANK-ACCOUNT VERIFICATION STEPS, DOCUMENT UPLOAD MODULES, SCREENING QUESTIONNAIRES, AND THE GENERATION, DISPLAY, AND TRANSMISSION OF SCREENING OUTPUTS TO THE EXTENT OFFERED THROUGH THE WEBSITE.
COMPANY MEANS CAPITA-SCREENING, THE CAPITA-SCREENING WEBSITE, AND THE CAPITA-SCREENING SERVICE, INCLUDING (AS APPLICABLE) ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, ASSIGNEE, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS ACTING ON CAPITA-SCREENINGāS BEHALF.
CAPITA-SCREENING MEANS THE IDENTITY, FINANCIAL, AND/OR SUPPORTING SCREENING CHECK SERVICES PROVIDED BY THE COMPANY THAT GENERATE A SCREENING OUTPUT OR REPORT (INCLUDING A āCAPITA-SCREENINGā) BASED ON INFORMATION SUBMITTED BY THE APPLICANT AND PROCESSED THROUGH THE COMPANYāS SYSTEMS, INCLUDING ANY ENHANCED OR PREMIUM SCREENING LAYERS THAT EXCEED āREGULARā SCREENING SERVICES.
APPLICANT MEANS THE NATURAL PERSON WHO REGISTERS FOR AN ACCOUNT VIA THE WEBSITE AND/OR WHO USES THE APPLICANTāS SERVICE TO SUBMIT INFORMATION, UPLOAD DOCUMENTATION, COMPLETE WORKFLOW STEPS, AND PARTICIPATE IN SCREENING CHECKS AND THE CREATION OF SCREENING OUTPUTS.
TERMS OF SERVICE MEANS THESE UNDERLYING GENERAL TERMS OF SERVICE AND TERMS AND CONDITIONS THAT APPLY TO APPLICANTS WHO REGISTERED FOR AN ACCOUNT ON THE WEBSITE AND WHO WISH TO PARTICIPATE IN SCREENING CHECKS OFFERED BY CAPITA-SCREENING ON THE WEBSITE. THE APPLICANT AGREES THAT ALL INFORMATION, NOTICES, DISCLOSURES, AND ADDITIONAL TERMS DISPLAYED ON ANY PAGE/SCREEN/WEB SECTION/MOBILE SECTION WHERE THESE TERMS ARE LINKED OR REFERENCED APPLY AND ARE INCORPORATED BY REFERENCE. THE APPLICANT FURTHER ACKNOWLEDGES THAT CAPITA-SCREENING MAY OFFER ENHANCED OR PREMIUM SERVICES AND THAT, WHERE THE APPLICANT SELECTS SUCH OPTION(S), THE APPLICANT AGREES THAT THE RELEVANT FEE(S) ARE EARNED UPON INITIATION OF THE SELECTED SERVICE AND ARE NON-REFUNDABLE AS EXPLAINED DURING THE SCREENING PROCESS AND IN THESE TERMS OF SERVICE, EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE.
WEBSITE MEANS WWW.CAPITA-SCREENING.COM AND ANY SUCCESSOR URL(S), INCLUDING, IF APPLICABLE, ANY MOBILE VERSION, MOBILE APPLICATION VERSION, EMBEDDED WEBVIEWS, OR OTHER DIGITAL INTERFACE MADE AVAILABLE BY CAPITA-SCREENING. REFERENCES TO THE WEBSITE IN THESE TERMS INCLUDE CAPITA-SCREENING.COM AND CAPITA-SCREENINGāS APP(S), UNLESS EXPRESSLY STATED OTHERWISE.
BY PROCEEDING, THE APPLICANT CONFIRMS THAT THEY HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS SET OUT HEREIN, BOTH ABOVE AND BELOW, PRIOR TO CONTINUING. THE APPLICANT FURTHER ACKNOWLEDGES THAT ANY COMPLAINT, CLAIM, OR DISPUTE RAISED WHICH IS DEMONSTRABLY UNFOUNDED OR EXPRESSLY ADDRESSED WITHIN THESE TERMS MAY RESULT IN A FIXED ADMINISTRATIVE FEE OF EUR 750 (OR THE EQUIVALENT IN USD FOR THE UNITED STATES, GBP FOR THE UNITED KINGDOM, AND EUR FOR ALL OTHER REGIONS), PAYABLE TO CAPITA-SCREENING VIA A PAYMENT METHOD DESIGNATED BY CAPITA-SCREENING, TO THE EXTENT PERMITTED BY APPLICABLE LAW. FOR THE AVOIDANCE OF DOUBT, APPLICANTS ARE STRONGLY ADVISED TO REVIEW THESE TERMS IN FULL BEFORE PROCEEDING, AS CONTINUATION CONSTITUTES ACCEPTANCE OF THIS LEGALLY BINDING AGREEMENT.
IN ADDITION, THE APPLICANT EXPRESSLY CONFIRMS THAT ALL INFORMATION SUBMITTED IS TRUE, ACCURATE, COMPLETE, AND NOT MISLEADING, AND ACCEPTS FULL RESPONSIBILITY FOR ANY CONSEQUENCES ARISING FROM INACCURATE, INCOMPLETE, OR FALSE INFORMATION. CAPITA-SCREENING SHALL NOT BE HELD LIABLE FOR ANY OUTCOME, DECISION, OR ACTION TAKEN BY THE REQUESTING PROVIDER OR ANY THIRD PARTY IN RELIANCE ON THE SCREENING REPORT OR RELATED INFORMATION. BY PROCEEDING, THE APPLICANT GRANTS CAPITA-SCREENING AUTHORISATION TO PROCESS, HANDLE, AND TRANSMIT SUBMITTED INFORMATION AND DOCUMENTATION STRICTLY FOR SCREENING AND VERIFICATION PURPOSES IN ACCORDANCE WITH THE APPLICABLE TERMS AND CONDITIONS AND TERMS OF SERVICE.
CAPITA-SCREENING DOES NOT ACT AS A FINANCIAL, LEGAL, OR PROFESSIONAL ADVISORY ENTITY, AND NOTHING PROVIDED SHALL BE CONSTRUED AS LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. THE SERVICE IS STRICTLY LIMITED TO THE COLLECTION, PROCESSING, AND TRANSMISSION OF APPLICANT-PROVIDED INFORMATION AND SUPPORTING DOCUMENTATION. CAPITA-SCREENING DOES NOT PROVIDE LEGALLY BINDING, CERTIFIED, OR VALIDATED DETERMINATIONS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY SCREENING RESULTS, OUTCOMES, LEGAL IMPLICATIONS, OR RELIANCE PLACED UPON SUCH RESULTS. ALL OUTPUTS ARE BASED SOLELY ON THE INFORMATION SUBMITTED BY THE APPLICANT. BY GENERATING A SCREENING KYC REPORT, THE APPLICANT CONFIRMS THAT ALL INFORMATION HAS BEEN PROVIDED TRUTHFULLY, ACCURATELY, AND IN GOOD FAITH, AND THAT THEY FULLY ACCEPT THESE TERMS.
NOTICE OF RECURRING SERVICES
UNLESS STATED OTHERWISE IN WRITING BY THE COMPANY OR DISPLAYED AT CHECKOUT, SUBSCRIPTIONS AND RECURRING SERVICES AUTOMATICALLY RENEW UNDER THIS AGREEMENT UNLESS CANCELED BEFORE THE END OF THE THEN-CURRENT TERM. TO CANCEL A SUBSCRIPTION, THE APPLICANT MUST FOLLOW THE CANCELLATION INSTRUCTIONS PRESENTED AT SIGNUP AND/OR CONTACT THE PAYMENT PROCESSOR USED TO SUBSCRIBE, AND/OR USE ANY CANCELLATION FUNCTIONALITY PROVIDED WITHIN THE ACCOUNT. ON RENEWAL, THE APPLICANTāS PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY AT THE RATE IN EFFECT FOR THE SUBSCRIPTION AT THE TIME OF RENEWAL UNLESS MANDATORY LAW REQUIRES ADDITIONAL NOTICE OR CONSENT.
1. INTRODUCTION
1.1 THE WEBSITE ENABLES APPLICANTS TO PURCHASE ACCESS TO SCREENING SERVICES AND SCREENING REPORTS, INCLUDING ENHANCED SCREENING CHECK SERVICES THAT MAY EXCEED āREGULARā SCREENING SOLUTIONS, AND TO IMPORT INFORMATION, UPLOAD DOCUMENTS, PROVIDE DECLARATIONS, AND COMPLETE A SCREENING WORKFLOW THAT MAY BE REQUESTED BY ONE OR MORE THIRD-PARTY PROVIDERS, LANDLORDS, EMPLOYERS, PLATFORMS, INSTITUTIONS, COUNTERPARTIES, OR OTHER ENTITIES (EACH A āREQUESTING PROVIDERā).
1.2 THESE TERMS APPLY TO ALL USERS OF THE WEBSITE WHO ACCESS APPLICANT-FACING WORKFLOWS, WHETHER AS AN āAPPLICANTā OR AS PART OF AN APPLICANTāS HOUSEHOLD WHERE APPLICABLE. BY CHECKING THE APPROPRIATE BOX DURING SIGN-UP, CREATING AN ACCOUNT, INITIATING A SCREENING FLOW, PURCHASING A ONE-TIME PAYMENT, PURCHASING A PREMIUM SUBSCRIPTION, OR ACCESSING ANY PORTION OF THE WEBSITE, THE APPLICANT ENTERS INTO A BINDING AGREEMENT WITH THE COMPANY. IF THE APPLICANT DOES NOT AGREE, THE APPLICANT MUST NOT USE THE WEBSITE. IF THE APPLICANT BREACHES ANY PART OF THESE TERMS, THE COMPANY MAY REVOKE THE APPLICANTāS LICENSE TO ACCESS THE WEBSITE, BLOCK ACCESS, SUSPEND OR TERMINATE THE ACCOUNT, AND TERMINATE ANY SUBSCRIPTION (IF APPLICABLE), AND THE APPLICANT REMAINS RESPONSIBLE FOR ALL ACCRUED OBLIGATIONS AND AMOUNTS DUE.
1.3 THE COMPANY MAY CHANGE THESE TERMS BY UPDATING THE RELEVANT PAGE(S). THE āLAST UPDATEDā DATE (IF SHOWN) INDICATES WHEN CHANGES TAKE EFFECT. CHANGES WILL NOT OPERATE RETROACTIVELY TO IMPAIR MANDATORY STATUTORY RIGHTS. THE COMPANY MAY ATTEMPT TO NOTIFY APPLICANTS IN A REASONABLE MANNER (FOR EXAMPLE, BY EMAIL OR IN-PRODUCT NOTICE), BUT THE APPLICANT IS RESPONSIBLE FOR CHECKING THESE TERMS REGULARLY. CONTINUED USE AFTER CHANGES CONSTITUTES ACCEPTANCE. IF THE APPLICANT DOES NOT AGREE, THE SOLE REMEDY IS TO STOP USING THE WEBSITE AND SERVICES AND TO CANCEL ANY SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS AND THE PAYMENT PROCESSORāS RULES.
1.4 QUESTIONS REGARDING THESE TERMS OR THE WEBSITE MUST BE SUBMITTED VIA THE COMPANYāS CONTACT FORM OR OTHER OFFICIAL SUPPORT CHANNEL MADE AVAILABLE ON THE WEBSITE. THE COMPANY MAY REQUIRE IDENTITY VERIFICATION BEFORE DISCUSSING ACCOUNT-SPECIFIC MATTERS.
2. AFFIRMATIVE REPRESENTATIONS
THE WEBSITE MAY CONTAIN CONTENT UNSUITABLE FOR MINORS AND IS NOT INTENDED FOR CHILDREN. BY ACCESSING OR USING THE WEBSITE, THE APPLICANT REPRESENTS, WARRANTS, AND AFFIRMS ALL OF THE FOLLOWING AS CONTINUING OBLIGATIONS (NOT MERELY AT THE TIME OF SIGNUP):
2.1 THE APPLICANT (1) IS AT LEAST 18 YEARS OLD, (2) HAS THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND (3) WHERE HOUSEHOLD REFERENCES ARE USED, CONFIRMS THAT AT LEAST ONE ADULT WITH LEGAL CAPACITY IS RESPONSIBLE FOR THE HOUSEHOLDāS ACCESS AND USE.
2.2 ALL INFORMATION PROVIDED TO THE COMPANY IS TRUTHFUL, ACCURATE, COMPLETE, CURRENT, AND NOT MISLEADING; THE APPLICANT WILL PROMPTLY UPDATE INFORMATION IF IT CHANGES OR BECOMES INACCURATE, AND ACKNOWLEDGES THAT INACCURACIES MAY RESULT IN DELAYS, REJECTIONS BY REQUESTING PROVIDERS, TERMINATION OF ACCESS, OR ADDITIONAL VERIFICATION REQUESTS.
2.3 THE APPLICANT OWNS (OR HAS LAWFUL PERMISSION TO USE) THE BANK ACCOUNT, DEBIT CARD, CREDIT CARD, OR OTHER PAYMENT METHOD USED AND AUTHORIZES THE COMPANY AND/OR ITS PAYMENT PROCESSOR TO CHARGE THE PAYMENT METHOD ACCORDING TO THE APPLICANTāS SELECTED PURCHASE, INCLUDING RECURRING CHARGES WHERE APPLICABLE.
2.4 THE APPLICANT IS NOT ACCESSING THE WEBSITE FROM ANY JURISDICTION WHERE SUCH ACCESS OR USE IS ILLEGAL OR WOULD EXPOSE THE COMPANY TO REGULATORY OR LEGAL RISK, AND THE APPLICANT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS AND REGULATIONS.
2.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICANT RELEASES AND DISCHARGES THE COMPANY, ITS OWNERS, STAFF, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FROM LIABILITY THAT MAY ARISE FROM THE APPLICANTāS MISUSE, MISREPRESENTATION, UNLAWFUL CONDUCT, OR VIOLATION OF THESE TERMS, INCLUDING CLAIMS ARISING FROM APPLICANT-SUBMITTED INFORMATION, PROVIDER DECISIONS, OR THIRD-PARTY RELIANCE.
2.6 THE APPLICANT ACKNOWLEDGES THAT THE COMPANY MAY WORK WITH LEGAL COUNSEL AND MAY HAVE LEGAL PROFESSIONALS INVOLVED IN OPERATING OR SUPPORTING THE WEBSITE; HOWEVER, ACCESS TO OR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, FIDUCIARY RELATIONSHIP, ADVISORY RELATIONSHIP, OR PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN THE APPLICANT AND THE COMPANY OR ANY COUNSEL. ANY SUCH RELATIONSHIP EXISTS ONLY IF EXPRESSLY FORMED VIA A SIGNED ENGAGEMENT LETTER EXECUTED BY THE PARTIES.
3. PAYMENT PROCESSING
3.1 THE COMPANY MAY WITHDRAW, MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE (IN WHOLE OR PART) AND ANY SERVICE OR MATERIAL PROVIDED THROUGH IT, IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY IS NOT LIABLE IF, FOR ANY REASON, ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. THE COMPANY MAY RESTRICT ACCESS TO SOME PARTS OF THE WEBSITE OR THE ENTIRE WEBSITE, INCLUDING FOR SECURITY, VERIFICATION, COMPLIANCE, FRAUD PREVENTION, MAINTENANCE, SYSTEM INTEGRITY, OR OPERATIONAL REASONS. THE APPLICANT IS RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY TO ACCESS THE WEBSITE.
3.2 THE APPLICANT ACKNOWLEDGES THAT IN ORDER TO CONTINUE WITH CERTAIN SCREENING WORKFLOWS, THE APPLICANT MUST PAY THE AMOUNT PRESENTED ON THE WEBSITE AT THE TIME OF SELECTION, AND THAT SUCH PAYMENT IS REQUIRED TO INITIATE PROCESSING STEPS THAT MAY INCLUDE BANK-ACCOUNT VERIFICATION, IDENTITY CHECKS, DOCUMENT INTAKE, WORKFLOW EXECUTION, AND GENERATION/TRANSMISSION OF SCREENING OUTPUTS.
3.3 NON-REFUNDABLE NATURE (CORE RULE). EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE, ONCE THE APPLICANT SELECTS AND CONFIRMS A ONE-TIME PAYMENT (INCLUDING BANK-ACCOUNT VERIFICATION) TO CONTINUE OR INITIATE A SCREENING PROCESS, THE PAYMENT IS NON-REFUNDABLE BECAUSE THE SERVICE IS DEEMED INITIATED AND RESOURCES ARE ALLOCATED, INCLUDING THIRD-PARTY PROCESSING AND OPERATIONAL HANDLING. THE APPLICANT EXPRESSLY AGREES THAT DISSATISFACTION WITH ANY OUTCOME, DELAY, PROVIDER DECISION, OR PERCEIVED USEFULNESS DOES NOT CREATE ANY RIGHT TO A REFUND, CREDIT, OR REVERSAL.
3.4 THE APPLICANT ACKNOWLEDGES THAT THE NON-REFUNDABLE PAYMENT CONSTITUTES CONSIDERATION FOR THE SCREENING SERVICE INITIATION AND FOR ENABLING THE APPLICANT TO PROCEED WITH THE UPLOAD AND SUBMISSION OF IN-DEPTH IDENTITY AND FINANCIAL INFORMATION FOR PROCESSING AND TRANSMISSION TO THE REQUESTING PROVIDER(S).
3.5 THE APPLICANT CONFIRMS THAT, BY CONTINUING, THE APPLICANT HAS READ AND ACCEPTED THAT THE AMOUNT PAID IS NON-REFUNDABLE, EARNED UPON INITIATION, AND NOT CONTINGENT ON ANY PARTICULAR OUTCOME, PROVIDER ACCEPTANCE, OR DECISION.
3.6 THE APPLICANT ACKNOWLEDGES THAT BANK-ACCOUNT VERIFICATION MAY INVOLVE A NOMINAL VERIFICATION TRANSACTION OF ā¬0.01 OR $0.01 (ONE CENT) (OR THE EQUIVALENT), AND THAT SUCH TRANSACTION IS USED AS A TECHNICAL VERIFICATION MECHANISM AND/OR TO CONFIRM ACCOUNT CONTROL, ROUTING, AND ELIGIBILITY SIGNALS (AS APPLICABLE).
3.7 WHERE THE APPLICANT SELECTS AN OPTION THAT INCLUDES BANK-ACCOUNT VERIFICATION AS A ONE-TIME PAID STEP, THE APPLICANT AGREES THAT THE FEE IS NON-REFUNDABLE AND THAT THE VERIFICATION STEP MAY BE PERFORMED THROUGH PAYMENT PROCESSORS, INTEGRATORS, BANKING RAILS, AND/OR THIRD-PARTY SYSTEMS.
3.8 OPTIONALLY, AND AS AN ADDITIONAL SERVICE; THE APPLICANT MAY ALSO SELECT A PREMIUM SERVICE OFFERED BY THE COMPANY. UNLESS EXPLICITLY STATED OTHERWISE AND EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE, PREMIUM SERVICE FEES ARE NON-REFUNDABLE, AND RECURRING BILLING CONTINUES UNTIL PROPERLY CANCELED IN ACCORDANCE WITH SECTION 10 AND THE PAYMENT PROCESSORāS PROCEDURES. ANY INCONSISTENCY BETWEEN CHECKOUT DISCLOSURES AND THESE TERMS SHALL BE RESOLVED TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND OTHERWISE IN FAVOR OF THE INTERPRETATION THAT BEST PRESERVES THE COMPANYāS NON-REFUND AND EARNED-UPON-INITIATION POSITION.
4. YOUR SCREENING REPORT
4.1 ACCOUNT AND SCREENING REPORT. THE APPLICANT ACKNOWLEDGES AND AGREES THAT COMPLETION OF THE SCREENING PROCESS REQUIRES THE APPLICANT TO PROVIDE ACCURATE INFORMATION AS PROMPTED BY FORMS, QUESTIONNAIRES, AND UPLOAD REQUESTS. THE APPLICANT UNDERSTANDS THAT SCREENING OUTPUTS ARE GENERATED FROM APPLICANT-SUBMITTED INFORMATION AND PROCESSING RULES AND MAY BE IMPACTED BY OMISSIONS, FORMATTING ISSUES, TECHNICAL LIMITS, THIRD-PARTY VERIFICATION CONSTRAINTS, OR PROVIDER-SPECIFIC REQUIREMENTS.
4.2 RESPONSIBILITY FOR ACCOUNT. THE APPLICANT IS RESPONSIBLE FOR MAINTAINING CONFIDENTIALITY OF LOGIN CREDENTIALS AND FOR ALL ACTIVITY OCCURRING UNDER THE ACCOUNT, WHETHER AUTHORIZED OR NOT. THE APPLICANT MUST PROMPTLY NOTIFY THE COMPANY OF ANY UNAUTHORIZED ACCESS OR BREACH AND MUST COOPERATE WITH REASONABLE SECURITY MEASURES.
4.3 LIABILITY FOR ACCOUNT MISUSE. THE COMPANY IS NOT LIABLE FOR LOSSES INCURRED DUE TO SOMEONE ELSE USING THE APPLICANTāS PASSWORD OR ACCOUNT, WHETHER WITH OR WITHOUT THE APPLICANTāS KNOWLEDGE. THE APPLICANT MAY BE HELD LIABLE FOR LOSSES INCURRED BY THE COMPANY OR A THIRD PARTY ARISING FROM ACCOUNT MISUSE, INCLUDING FRAUD, MISREPRESENTATION, OR UNAUTHORIZED SUBMISSIONS.
4.4 USE OF OTHER ACCOUNTS. THE APPLICANT MUST NOT USE OR ATTEMPT TO USE ANY OTHER PERSONāS ACCOUNT OR IMPERSONATE ANY PERSON OR ENTITY. THE COMPANY MAY SUSPEND OR TERMINATE ACCESS IMMEDIATELY UPON SUSPICION OF IMPERSONATION, FRAUD, OR MISUSE.
4.5 ACCOUNT SECURITY AND RISK ALLOCATION. THE COMPANY TAKES REASONABLE MEASURES DESIGNED TO PROTECT THE INTEGRITY AND SECURITY OF PERSONAL INFORMATION, BUT CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER DEFEAT SECURITY MEASURES. THE APPLICANT ACKNOWLEDGES THAT INFORMATION IS PROVIDED AT THE APPLICANTāS OWN RISK AND THAT NO SYSTEM IS PERFECTLY SECURE.
4.6 COMMUNICATION PREFERENCES. BY REGISTERING FOR AN ACCOUNT, THE APPLICANT CONSENTS TO RECEIVE ELECTRONIC COMMUNICATIONS RELATING TO THE ACCOUNT AND SERVICES, INCLUDING NOTICES OF PAYMENT AUTHORIZATIONS, WORKFLOW STATUS, PASSWORD CHANGES, CONFIRMATIONS, REQUIRED-DOCUMENT REQUESTS, AND OTHER TRANSACTIONAL INFORMATION. THE APPLICANT AGREES SUCH ELECTRONIC COMMUNICATIONS SATISFY LEGAL REQUIREMENTS THAT COMMUNICATIONS BE IN WRITING. THE COMPANY RECOMMENDS THE APPLICANT RETAIN COPIES. THE APPLICANT ALSO CONSENTS TO RECEIVE CERTAIN OPTIONAL COMMUNICATIONS (SUCH AS FEATURE UPDATES AND PROMOTIONAL NOTICES) SUBJECT TO THE PRIVACY POLICY AND APPLICABLE LAW. THE APPLICANT ACKNOWLEDGES THAT SOME COMMUNICATIONS MAY REFERENCE SENSITIVE SCREENING TOPICS; HOWEVER, THE COMPANY WILL USE REASONABLE MEASURES TO AVOID UNNECESSARY DISCLOSURE IN MESSAGE CONTENT, CONSISTENT WITH THE PRIVACY POLICY.
5. AGE RESTRICTION
5.1 ONLY ADULTS (1) WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND (2) WHO HAVE REACHED THE AGE OF MAJORITY WHERE THEY LIVE MAY ACCESS OR USE THE WEBSITE OR SERVICES. THE COMPANY FORBIDS ACCESS BY ANY PERSON WHO DOES NOT MEET THESE AGE REQUIREMENTS. BY CREATING AN ACCOUNT, SUBMITTING ANY INFORMATION, MAKING ANY PAYMENT, OR CONTINUING A WORKFLOW, THE APPLICANT REPRESENTS AND WARRANTS COMPLIANCE WITH THIS AGE RESTRICTION, AND ACKNOWLEDGES THAT ANY BREACH MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION WITHOUT REFUND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. PAYMENT VERIFICATION
6.1 THE APPLICANT MAY CONTINUE WITH IDENTITY AND FINANCIAL UPLOADS AFTER COMPLETING PAYMENT VERIFICATION STEPS PRESENTED IN THE WORKFLOW. THE APPLICANT ACKNOWLEDGES THAT VERIFICATION STEPS MAY INCLUDE THIRD-PARTY PROCESSING, DELAYS, ADDITIONAL PROMPTS, OR REQUESTS FOR FURTHER INFORMATION AND THAT THE COMPANY MAY SUSPEND PROGRESSION UNTIL VERIFICATION IS COMPLETED.
6.2 THE APPLICANT ACKNOWLEDGES THAT ONCE CONTINUING BEYOND THE PAYMENT STEP, AMOUNTS PAID REMAIN NON-REFUNDABLE AND EARNED UPON INITIATION (SUBJECT ONLY TO MANDATORY LAW). IF THE APPLICANT STOPS MID-PROCESS, FAILS TO UPLOAD DOCUMENTS, OR FAILS TO RESPOND TO REQUESTS, NO REFUND IS DUE.
7. TERMINATION
7.1 TERMINATION ON NOTICE. EITHER PARTY MAY TERMINATE THIS AGREEMENT BY NOTIFYING THE OTHER PARTY IN WRITING. A NON-PREMIUM USER MAY ALSO TERMINATE BY DISCONTINUING USE OF THE WEBSITE. TERMINATION DOES NOT UNDO COMPLETED SERVICES OR AFFECT ACCRUED PAYMENT OBLIGATIONS.
7.2 TERMINATION BY THE COMPANY. THE COMPANY MAY SUSPEND, DISABLE, LIMIT, OR TERMINATE ACCESS IF IT DETERMINES THE APPLICANT BREACHED THESE TERMS, ENGAGED IN FRAUD OR MISUSE, SUBMITTED MISLEADING OR UNLAWFUL INFORMATION, ATTEMPTED CHARGEBACKS IN BAD FAITH, OR ENGAGED IN CONDUCT THAT COULD HARM THE COMPANY, ITS SYSTEMS, OR ITS REPUTATION. THE COMPANY MAY BLOCK IDENTIFIERS (INCLUDING EMAIL AND IP) TO PREVENT FURTHER ACCESS WHERE LEGALLY PERMITTED.
7.3 EFFECT OF TERMINATION. UPON TERMINATION, THE APPLICANTāS RIGHT TO ACCESS THE WEBSITE ENDS IMMEDIATELY. TERMINATION DOES NOT RELIEVE THE APPLICANT OF OBLIGATIONS ACCRUED PRIOR TO TERMINATION, INCLUDING PAYMENT OBLIGATIONS, INDEMNITIES, DISPUTE OBLIGATIONS, AND NON-REFUND PROVISIONS. IF THE APPLICANT HAS A PREMIUM SUBSCRIPTION, THE APPLICANT IS SOLELY RESPONSIBLE FOR CANCELING RECURRING BILLING IN ACCORDANCE WITH SECTION 10 AND THE PAYMENT PROCESSORāS PROCEDURES.
7.4 SURVIVAL. PROVISIONS THAT BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE, INCLUDING OWNERSHIP, LICENSES, CONFIDENTIALITY, DISCLAIMERS, LIMITATION OF LIABILITY, DISPUTE RESOLUTION, AND INDEMNIFICATION.
8. CHANGES TO THE WEBSITE AND SERVICE
8.1 THE COMPANY MAY UPDATE CONTENT, FEATURES, WORKFLOWS, AND SCREENING LOGIC FROM TIME TO TIME. THE APPLICANT ACKNOWLEDGES CONTENT MAY NOT BE COMPLETE OR UP TO DATE AND THAT THE COMPANY IS NOT REQUIRED TO UPDATE ANY MATERIAL. THE COMPANY MAY CHANGE THE PRESENTATION OF STEPS (INCLUDING WHEN AND HOW VERIFICATION OCCURS) WITHOUT LIABILITY, PROVIDED THE APPLICANTāS MANDATORY LEGAL RIGHTS ARE PRESERVED.
9. SERVICE RESPONSIBILITY
9.1 APPLICANT CONTENT AND RESPONSIBILITY. THE COMPANY IS NOT RESPONSIBLE FOR VERIFYING THAT APPLICANT-SUBMITTED CONTENT (INCLUDING DOCUMENTS, IMAGES, STATEMENTS, AND UPLOADS) DOES NOT INFRINGE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR OTHER RIGHTS. THE APPLICANT WARRANTS THAT IT HAS ALL NECESSARY RIGHTS AND PERMISSIONS TO SUBMIT ALL CONTENT AND DOCUMENTATION AND THAT SUBMISSION DOES NOT VIOLATE ANY LAW OR ANY THIRD-PARTY RIGHTS. THE APPLICANT GRANTS THE COMPANY A LIMITED LICENSE TO HOST, PROCESS, TRANSMIT, DISPLAY (AS NEEDED), AND OTHERWISE USE APPLICANT CONTENT SOLELY TO PROVIDE AND IMPROVE THE SERVICES, COMPLY WITH LEGAL OBLIGATIONS, PREVENT FRAUD, ENFORCE THESE TERMS, AND PRODUCE SCREENING OUTPUTS FOR THE REQUESTING PROVIDER(S) AS DIRECTED BY THE APPLICANT OR AS REQUIRED BY THE WORKFLOW.
10. OPTIONAL PREMIUM SUBSCRIPTION, TRIAL SUBSCRIPTIONS, BILLING, AND CANCELLATION
10.1 PREMIUM SUBSCRIPTION(S) MAY BE OFFERED SEPARATELY AND ARE NOT STANDARD; THEY MAY BE PROVIDED UPON REQUEST OR SELECTION BY THE APPLICANT AND/OR AS PART OF ENHANCED SCREENING SERVICES. ANY PREMIUM FEATURES, SCOPE, LIMITATIONS, AND PRICING WILL BE DISCLOSED AT SIGNUP/CHECKOUT OR WITHIN THE WORKFLOW.
10.2 THE APPLICANTāS PREMIUM SUBSCRIPTION (INCLUDING ANY TRIAL) RENEWS AUTOMATICALLY UNLESS CANCELED BEFORE RENEWAL. THE APPLICANT MUST MAINTAIN A VALID PAYMENT METHOD. THE COMPANY AND/OR ITS PAYMENT PROCESSOR WILL BILL APPLICABLE FEES. FAILURE TO CANCEL BEFORE RENEWAL RESULTS IN THE NEXT TERM BEING CHARGED.
10.3 THE COMPANY MAY OFFER MULTIPLE MEMBERSHIP PLANS WITH DIFFERING CONDITIONS AND LIMITATIONS. MATERIAL TERMS DISCLOSED AT SIGNUP GOVERN THAT PLAN.
10.4 IF A ONE-CENT TRIAL SUBSCRIPTION (IF OFFERED) IS SELECTED, BILLING BEGINS AT THE END OF THE TRIAL UNLESS CANCELED BEFOREHAND. THE COMPANY/PAYMENT PROCESSOR MAY AUTHORIZE THE PAYMENT METHOD TO VALIDATE IT, AND SUCH AUTHORIZATION MAY REDUCE AVAILABLE BALANCE/CREDIT. THE APPLICANT IS RESPONSIBLE FOR CANCELLATION TIMING AND PAYMENT PROCESSOR PROCEDURES.
10.5 IF THE APPLICANT CHOOSES A PREMIUM SUBSCRIPTION, THE APPLICANT MAY REQUEST CANCELLATION VIA THE CONTACT FORM USING THE SUBJECT āSTOP PREMIUM SERVICEā AND/OR BY CANCELING VIA THE PAYMENT PROCESSOR METHOD USED TO SUBSCRIBE. THE COMPANY MAY REQUIRE ACCOUNT VERIFICATION TO PREVENT UNAUTHORIZED CANCELLATION. CANCELLATION TAKES EFFECT AS DESCRIBED AT CHECKOUT OR, IF NOT SPECIFIED, AT THE END OF THE THEN-CURRENT BILLING TERM, UNLESS MANDATORY LAW REQUIRES OTHERWISE.
10.6 THE APPLICANT MAY RECEIVE INVOICES/RECEIPTS AND REMINDERS. THE APPLICANT ACKNOWLEDGES THAT PREMIUM FEES ARE GENERALLY NON-REFUNDABLE AND EARNED AS BILLED, SUBJECT TO MANDATORY LAW.
10.7 BY STARTING PREMIUM SERVICE, THE APPLICANT AUTHORIZES THE COMPANY/PAYMENT PROCESSOR TO CHARGE THE SUBSCRIPTION FEE, TAXES, AND APPLICABLE TRANSACTION FEES. RENEWALS OCCUR AT THE THEN-CURRENT APPLICABLE RATE UNLESS MANDATORY LAW REQUIRES ADDITIONAL CONSENT OR NOTICE.
10.8 THE COMPANY MAY ADJUST PRICING AT ANY TIME. WHERE REQUIRED, THE COMPANY WILL PROVIDE LEGALLY REQUIRED NOTICE BEFORE CHANGES TAKE EFFECT.
10.9 SUBSCRIPTION FEES ARE EARNED AS BILLED. THE COMPANY/PAYMENT PROCESSOR BILLS AT THE START OF EACH TERM UNLESS STATED OTHERWISE.
10.10 BILLING DISPUTES. THE APPLICANT MUST NOTIFY THE COMPANY IN WRITING WITHIN THIRTY (30) DAYS OF THE DISPUTED CHARGE APPEARING. FAILURE TO DO SO WAIVES THE DISPUTE TO THE MAXIMUM EXTENT PERMITTED BY LAW. DISPUTES MUST INCLUDE DETAIL AND SUPPORTING INFORMATION.
10.11 CHARGEBACKS. IF THE APPLICANT INITIATES A CHARGEBACK OR PAYMENT REVERSAL WITHOUT FIRST SUBMITTING A GOOD-FAITH DISPUTE UNDER SECTION 10.10, THE APPLICANT IS LIABLE FOR CHARGEBACK AMOUNTS AND RELATED FEES. WHERE PERMITTED BY LAW, THE APPLICANT ALSO AGREES TO PAY LIQUIDATED DAMAGES OF $ / ⬠1.500 PER CHARGEBACK PLUS REASONABLE COLLECTION/ADMINISTRATIVE COSTS, REFLECTING OPERATIONAL HARM AND INTERNAL PROCESSING BURDENS, PROVIDED THAT SUCH AMOUNTS DO NOT EXCEED WHAT APPLICABLE LAW PERMITS.
10.12 NO REFUNDS; DISCRETIONARY CREDITS. ALL PURCHASES ARE FINAL WHEN MADE, EXCEPT THAT THE COMPANY MAY, IN ITS SOLE DISCRETION, ISSUE A REFUND OR CREDIT IF EXCEPTIONAL CIRCUMSTANCES EXIST AND IF NOT PROHIBITED BY APPLICABLE LAW. ANY REFUND (IF GRANTED) MAY BE ISSUED ONLY TO THE ORIGINAL PAYMENT METHOD AND IN THE ORIGINAL CURRENCY (OR AS OTHERWISE REQUIRED BY LAW). ONE DISCRETIONARY REFUND DOES NOT CREATE PRECEDENT.
10.13 CANCELLATION EFFECTS. CANCELLATION STOPS FUTURE BILLING ONLY. THE COMPANY DOES NOT PROVIDE REFUNDS FOR PARTIAL BILLING PERIODS EXCEPT WHERE MANDATORY LAW REQUIRES. THE APPLICANT REMAINS RESPONSIBLE FOR CHARGES INCURRED BEFORE CANCELLATION TAKES EFFECT.
10.14 NON-REFUNDABLE ACKNOWLEDGMENT. THE APPLICANT AGREES PREMIUM PAYMENTS ARE NON-REFUNDABLE AND NON-CREDITABLE EXCEPT WHERE REQUIRED BY MANDATORY LAW, AND THE APPLICANT BEARS RESPONSIBILITY FOR TIMELY CANCELLATION.
10.15 LIMITED REFUND WINDOW (IF AND ONLY IF OFFERED). IF THE COMPANY EXPLICITLY OFFERS A 30-DAY REFUND WINDOW FOR A PARTICULAR PREMIUM PLAN IN THE CHECKOUT DISCLOSURE, THEN THE APPLICANT MAY CANCEL WITHIN THIRTY (30) DAYS OF THE INITIAL PURCHASE AND REQUEST A PRO-RATED REFUND FOR UNUSED FULL DAYS OF SERVICE, EXCLUDING PROCESSING FEES WHERE PERMITTED. IF NO SUCH OFFER IS DISCLOSED AT CHECKOUT, NO REFUND WINDOW APPLIES EXCEPT WHERE MANDATORY LAW REQUIRES.
10.16 CURRENCY AND METHOD. ANY REFUND (IF GRANTED) WILL BE IN THE ORIGINAL PAYMENT CURRENCY AND TO THE ORIGINAL PAYMENT METHOD UNLESS MANDATORY LAW REQUIRES OTHERWISE.
10.17 PROCESSOR DISPUTES. IF THE APPLICANT RELIES ON THIRD-PARTY DISPUTE/CHARGEBACK MECHANISMS, THE APPLICANT ACKNOWLEDGES THE COMPANY MAY SUSPEND THE ACCOUNT PENDING RESOLUTION AND MAY RECOVER PROCESSOR DISPUTE FEES AND REASONABLE COSTS TO THE EXTENT PERMITTED BY LAW.
11. LINKS FROM THE WEBSITE
11.1 LINKS TO THIRD-PARTY SITES ARE PROVIDED FOR CONVENIENCE ONLY. THE COMPANY DOES NOT CONTROL THIRD-PARTY CONTENT AND IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM THIRD-PARTY SITES. ACCESS IS AT THE APPLICANTāS OWN RISK AND SUBJECT TO THIRD-PARTY TERMS.
12. WARRANTY DISCLAIMERS
12.1 THE COMPANY CANNOT GUARANTEE THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL CODE. THE APPLICANT IS RESPONSIBLE FOR ANTI-VIRUS PROTECTION, BACKUPS, AND SAFEGUARDING DEVICES AND DATA. THE COMPANY IS NOT LIABLE FOR LOSSES CAUSED BY CYBERATTACKS, MALWARE, INTERRUPTIONS, OR HARMFUL COMPONENTS, EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED UNDER MANDATORY LAW.
12.2 THE WEBSITE AND SERVICES ARE PROVIDED āAS IS,ā āWITH ALL FAULTS,ā AND āAS AVAILABLE,ā WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS, TITLE, NONINFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR AVAILABILITY. THE COMPANY DOES NOT WARRANT THAT OUTPUTS WILL BE ACCEPTED BY A REQUESTING PROVIDER, THAT RESULTS WILL MEET EXPECTATIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE UNINTERRUPTED. NO ADVICE OR INFORMATION CREATES A WARRANTY NOT EXPRESSLY STATED.
13. EXCLUSION OF DAMAGES; EXCLUSIVE REMEDY
13.1 EXCEPT TO THE EXTENT CAUSED BY THE COMPANYāS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT (OR WHERE MANDATORY LAW PROHIBITS EXCLUSION), THE COMPANY AND ITS AFFILIATES, STAFF, LICENSORS, CONTENT PROVIDERS, AND SERVICE PROVIDERS ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
13.2 WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY, PROVIDER REJECTION, DELAYS, OR RELIANCE BY THIRD PARTIES ON APPLICANT-SUBMITTED INFORMATION, EXCEPT WHERE MANDATORY LAW PROHIBITS EXCLUSION.
13.3 IF DISSATISFIED, THE APPLICANTāS EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED, THE COMPANYāS TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) $20 AND (B) THE AMOUNT PAID BY THE APPLICANT FOR THE SPECIFIC PURCHASE GIVING RISE TO THE CLAIM.
14. SCOPE OF DISCLAIMERS, EXCLUSIONS, AND LIMITS
THE DISCLAIMERS, EXCLUSIONS, AND LIMITS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT RIGHTS THAT CANNOT BE EXCLUDED UNDER MANDATORY CONSUMER OR DATA PROTECTION LAWS. IF ANY PORTION IS INVALID, IT SHALL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO BE ENFORCEABLE WHILE PRESERVING INTENT.
15. INDEMNIFICATION
15.1 THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM: (A) THE APPLICANTāS ACCESS OR CONDUCT; (B) BREACH OF THESE TERMS; (C) VIOLATION OF ANY RIGHTS (INCLUDING PRIVACY/IP); (D) VIOLATION OF LAW; (E) SUBMISSION OF FALSE, MISLEADING, UNLAWFUL, OR INFRINGING CONTENT; OR (F) CRIMINAL OR TORTIOUS ACTS OR OMISSIONSāEXCEPT TO THE EXTENT CAUSED BY THE COMPANYāS INTENTIONAL MISCONDUCT.
15.2 āLOSSā INCLUDES JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, INJUNCTIVE RELIEF, COSTS OF DEFENSE, EXPERT FEES, AND REASONABLE ADMINISTRATIVE EXPENSES. āCAUSED BYā INCLUDES BUT-FOR CAUSATION.
15.3 THE COMPANY WILL PROVIDE NOTICE OF CLAIMS WHERE REASONABLY PRACTICABLE. FAILURE TO TIMELY NOTIFY DOES NOT RELIEVE INDEMNITY OBLIGATIONS EXCEPT TO THE EXTENT IT MATERIALLY PREJUDICES DEFENSE.
15.4 THE COMPANY CONTROLS DEFENSE AND SETTLEMENT UNLESS IT ELECTS OTHERWISE. THE APPLICANT MAY NOT SETTLE ANY CLAIM THAT IMPOSES OBLIGATIONS, ADMISSIONS, OR RESTRICTIONS ON THE COMPANY WITHOUT THE COMPANYāS WRITTEN CONSENT.
16. GOVERNING LAW; PLACE FOR RESOLVING DISPUTES
16.1 AGREEMENT CAPITA-SCREENING. IF āAGREEMENT CAPITA-SCREENINGā IS NOT APPLICABLE OR DOES NOT ADDRESS GOVERNING LAW AND VENUE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE JURISDICTION WHERE THE COMPANY IS ESTABLISHED, EXCLUDING CONFLICT-OF-LAW RULES, AND DISPUTES SHALL BE BROUGHT IN THE COMPETENT COURTS OF THAT JURISDICTION UNLESS THE PARTIES ARE REQUIRED TO USE ARBITRATION UNDER SECTION 17 OR UNLESS MANDATORY CONSUMER LAW PROVIDES OTHERWISE.
17. ALTERNATIVE DISPUTE RESOLUTION
17.1 ARBITRATION. AS THE EXCLUSIVE MEANS OF INITIATING ADVERSARIAL PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS (INCLUDING FORMATION, ENFORCEABILITY, INTERPRETATION), A PARTY MAY DEMAND ARBITRATION ADMINISTERED BY THE PAYMENT INTEGRATOR (NOT PAYMENT PROVIDER) UNDER ITS RULES AVAILABLE AT ARBRESOLUTIONS.COM, AND EACH PARTY CONSENTS TO SUCH RESOLUTION. THE ARBITRATOR HAS EXCLUSIVE AUTHORITY TO RESOLVE DISPUTES, INCLUDING ANY CLAIM THAT ALL OR PART OF THESE TERMS IS VOID OR VOIDABLE. EACH PARTY PAYS APPLICABLE FILING AND ARBITRATOR FEES AS REQUIRED BY THE RULES, SUBJECT TO MANDATORY LAW.
17.2 RECOVERY OF EXPENSES. IN PROCEEDINGS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, THE PREVAILING PARTY IS ENTITLED TO RECOVER REASONABLE EXPENSES, INCLUDING LEGAL FEES, EXCEPT WHERE MANDATORY LAW PROHIBITS OR LIMITS SUCH RECOVERY.
17.3 LIMITED EARLY-PERIOD ACCOMMODATION (IF OFFERED). WHERE THE COMPANY EXPLICITLY OFFERS A TWO-MONTH ACCOMMODATION FOR PREMIUM SUBSCRIBERS AS A DISPUTE-AVOIDANCE MEASURE, THE COMPANY MAY REFUND AMOUNTS PAID WITHIN THE FIRST TWO (2) MONTHS UPON WRITTEN REQUEST, MINUS PROCESSING AND INTEGRATOR FEES WHERE PERMITTED. THIS ACCOMMODATION IS DISCRETIONARY UNLESS STATED AS BINDING AT CHECKOUT.
17.4 POST-FIRST-MONTH RESPONSIBILITY. AFTER THE FIRST MONTH, THE APPLICANT IS RESPONSIBLE FOR TIMELY CANCELLATION. FAILURE TO CANCEL WITHIN THE APPLICABLE PERIOD RESULTS IN CONTINUED BILLING AND NON-REFUNDABLE CHARGES (SUBJECT ONLY TO MANDATORY LAW).
17.5 NON-REFUNDABLE SUBSCRIPTION AND OVERAGE FEES. SUBSCRIPTION FEES, USAGE FEES, OVERAGE FEES, AND UPGRADE FEES ARE NON-REFUNDABLE AND NON-CREDITABLE EXCEPT WHERE REQUIRED BY LAW. CANCELLATIONS TAKE EFFECT AT THE END OF THE THEN-CURRENT TERM UNLESS STATED OTHERWISE OR REQUIRED BY LAW. NON-PAYMENT MAY RESULT IN SUSPENSION OR REMOVAL OF SUBSCRIPTION FUNCTIONALITY.
17.6 EXTENDED REIMBURSEMENT POLICY. TO DEMONSTRATE CAPITA-SCREENINGāS COMMITMENT TO REASONABLE COOPERATION AND GOOD FAITH, THE FIRST MONTH OF SERVICE FEES SHALL BE ELIGIBLE FOR REIMBURSEMENT. IF, WITHIN THE FIRST TWO (2) WEEKS OF THE SECOND MONTH, THE APPLICANT IS STILL AWAITING A RESPONSE OR HAS FAILED TO SUBMIT THE REQUIRED INFORMATION WITHIN THE FIRST MONTH, CAPITA-SCREENING MAY, AT ITS SOLE DISCRETION, REIMBURSE BOTH THE FIRST AND SECOND MONTHSā FEES. ANY REQUEST SUBMITTED AFTER A TOTAL PERIOD OF SIX (6) WEEKS FROM THE COMMENCEMENT OF SERVICE ā EXCEEDING THE STANDARD FOUR (4) WEEK (ONE-MONTH) PERIODāSHALL NOT BE ELIGIBLE FOR ANY REFUND, CHARGEBACK, REIMBURSEMENT, OR REPAYMENT. ALL PAYMENTS MADE AFTER THIS PERIOD ARE STRICTLY NON-REFUNDABLE. THE PREMIUM SERVICE IS PROVIDED ON A PERPETUAL, RECURRING SUBSCRIPTION BASIS UNLESS TERMINATED IN ACCORDANCE WITH THE APPLICABLE TERMS AND CONDITIONS.
18. OVERALL
18.1 ENTIRE AGREEMENT. THESE TERMS, TOGETHER WITH ANY ADDITIONAL TERMS, POLICIES, DISCLOSURES, AND WORKFLOW-SPECIFIC CONDITIONS INCORPORATED BY REFERENCE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE APPLICANT AND THE COMPANY REGARDING THE SERVICES AND SUPERSEDE ALL PRIOR COMMUNICATIONS OR UNDERSTANDINGS.
18.2 CHANGES. THE COMPANY MAY CHANGE THESE TERMS. WHERE FEASIBLE, THE COMPANY MAY POST CHANGES IN ADVANCE, BUT THE APPLICANT REMAINS RESPONSIBLE FOR CHECKING. CONTINUED USE CONSTITUTES ACCEPTANCE. IF THE APPLICANT DOES NOT AGREE, THE APPLICANT MUST STOP USE AND CANCEL SUBSCRIPTIONS VIA PROPER CHANNELS.
18.3 ASSIGNMENT AND DELEGATION. THE COMPANY MAY ASSIGN, TRANSFER, NOVATE, OR DELEGATE RIGHTS/OBLIGATIONS WITHOUT CONSENT. THE APPLICANT MAY NOT ASSIGN OR DELEGATE WITHOUT PRIOR WRITTEN CONSENT. ANY ATTEMPTED ASSIGNMENT IN VIOLATION IS VOID.
18.4 WAIVER. FAILURE TO ENFORCE ANY PROVISION IS NOT A WAIVER. WAIVERS MUST BE IN WRITING SIGNED BY THE WAIVING PARTY.
18.5 TYPE OF PAYMENT; EARNED UPON INITIATION. REGARDLESS OF WHETHER THE APPLICANT SELECTS PREMIUM SUBSCRIPTION(S) OR A ONE-TIME VERIFICATION/SERVICE PAYMENT, AMOUNTS PAID ARE EARNED UPON INITIATION OF THE RELEVANT SERVICE AND ARE NOT SUBJECT TO REFUND, REVERSAL, OR CHARGEBACK EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE.
18.6 NOTICE AT SELECTION. THE APPLICANT CONFIRMS MATURITY, UNDERSTANDING, AND RESPONSIBILITY FOR CHOICES MADE, AND CONFIRMS HAVING READ DISCLOSURES ON THE PAGE/SCREEN WHERE SERVICE DURATION AND PRICING ARE SELECTED, INCLUDING THE NON-REFUNDABLE NATURE OF FEES, AND ACKNOWLEDGES THAT INITIATING DISPUTES CONTRARY TO THESE TERMS MAY RESULT IN ENFORCEMENT ACTIONS AS PERMITTED BY LAW.
18.7 SERVICE AVAILABILITY VARIATIONS. IF PREMIUM SERVICE IS UNAVAILABLE OR OFFERED AT NO COST DUE TO A SPECIAL OFFER, THE APPLICANT MAY ONLY BE REQUIRED TO PAY THE ONE-TIME ā¬0.01 OR $0.01 VERIFICATION AMOUNT (OR EQUIVALENT) WHERE DISCLOSED, AND SCREENING OUTPUTS REMAIN AVAILABLE FOR THE DISCLOSED DURATION.
18.8 DURATION OFFERS. WHERE THE WEBSITE DISPLAYS THAT THE APPLICANT RECEIVES ONE MONTH, TWO MONTHS, OR OTHER DURATIONS OF UP-TO-DATE SCREENING RESULTS FOR A ONE-TIME ā¬0.01 OR $0.01 PAYMENT (OR EQUIVALENT), THE TERMS DISPLAYED ON THAT PAGE/SCREEN GOVERN, AND THE APPLICANT AGREES THOSE TERMS APPLY.
18.9 SEVERABILITY. IF ANY PORTION IS HELD INVALID OR UNENFORCEABLE, THE REMAINDER REMAINS IN EFFECT. ANY INVALID PROVISION SHALL BE INTERPRETED OR MODIFIED TO THE MINIMUM EXTENT NECESSARY TO BE ENFORCEABLE WHILE BEST PRESERVING INTENT.
19. ADDITIONAL RESPONSIBILITY
19.1 THESE TERMS, TOGETHER WITH ADDITIONAL POLICIES AND ANY WORKFLOW-SPECIFIC CONDITIONS ACCEPTED DURING THE SCREENING PROCESS, CONSTITUTE THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN THE APPLICANT AND CAPITA-SCREENING REGARDING THE SERVICES.
19.2 CAPITA-SCREENING MAY ASSIGN, TRANSFER, NOVATE, OR OTHERWISE DISPOSE OF THESE TERMS IN WHOLE OR IN PART AND DELEGATE PERFORMANCE WITHOUT NOTICE OR CONSENT. THE APPLICANT MAY NOT ASSIGN, TRANSFER, OR SUBLICENSE RIGHTS OR OBLIGATIONS WITHOUT PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT IS NULL AND VOID.
19.3 ANY TERMS AGREED TO AT THE TIME OF INITIATING A SCREENING PROCESS, INCLUDING DISCLOSURES LINKED TO THE ACCOUNT OR WORKFLOW SCREENS, ARE INCORPORATED AND FORM ONE BINDING AGREEMENT WITH THESE TERMS.
19.4 FINAL FEES; ENFORCEMENT COSTS. ALL FEESāSUBSCRIPTIONS, MEMBERSHIPS, ONE-TIME PAYMENTS, PRIOR PAYMENTS, AND ANY AMOUNT PAID FOR SERVICESāARE FINAL AND STRICTLY NON-REFUNDABLE IRRESPECTIVE OF SCREENING OUTCOME, INCLUDING UNFAVORABLE RESULTS, REJECTION BY A REQUESTING PROVIDER, DELAYS, INCONCLUSIVE STATUS, INSUFFICIENCY DETERMINATIONS, OR UNMET EXPECTATIONS, EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE. IF THE APPLICANT BREACHES THESE TERMS BY INITIATING A REFUND REQUEST CONTRARY TO THE NON-REFUND POSITION, CHARGEBACK, OR PAYMENT REVERSAL, CAPITA-SCREENING MAY RECOVER REASONABLE ADMINISTRATIVE, LEGAL, PROCESSING, AND COLLECTION COSTS INCURRED IN RESPONDING TO AND ENFORCING THESE TERMS, UP TO A MAXIMUM OF TWO THOUSAND EUROS PER CASE (OR THE MAXIMUM PERMITTED BY LAW), PURSUED ONLY THROUGH LAWFUL PROCEDURES.
19.5 APPLICANT SOLE RESPONSIBILITY; NEUTRAL INTERMEDIARY ROLE. THE APPLICANT ACKNOWLEDGES SOLE RESPONSIBILITY FOR ENSURING ALL SUBMISSIONS ARE TRUE, ACCURATE, COMPLETE, AND NOT MISLEADING. CAPITA-SCREENING DOES NOT CONTROL OR DECIDE REQUESTING PROVIDER OUTCOMES. CAPITA-SCREENING ACTS AS A NEUTRAL INTERMEDIARY THAT COLLECTS, PROCESSES, AND TRANSMITS APPLICANT-SUBMITTED INFORMATION AND PRODUCES OUTPUTS BASED ON SUCH INPUTS AND AVAILABLE VERIFICATION SIGNALS. CAPITA-SCREENING IS NOT A LEGAL, FINANCIAL, REGULATORY, OR PROFESSIONAL ADVISORY SERVICE. NOTHING ON THE WEBSITE CONSTITUTES ADVICE, CERTIFICATION, ENDORSEMENT, OR A LEGALLY BINDING DETERMINATION.
19.6 APPLICANT WARRANTIES. THE APPLICANT REPRESENTS AND WARRANTS THAT THE APPLICANT IS THE TRUE INDIVIDUAL IDENTIFIED; SUBMISSIONS ARE MADE PERSONALLY AND LAWFULLY; THE APPLICANT IS NOT SUBMITTING ON BEHALF OF ANOTHER; THE APPLICANT HAS AUTHORITY TO PROVIDE ALL DATA; AND NO DOCUMENT IS FORGED, ALTERED, MISLEADING, OR UNLAWFULLY OBTAINED. BREACH MAY INVALIDATE SCREENING, CAUSE TERMINATION, AND MAY BE REPORTED WHERE REQUIRED OR PERMITTED BY LAW.
19.7 NO RELIANCE; NO LIABILITY. THE APPLICANT ACKNOWLEDGES THAT SCREENING OUTPUTS ARE NOT GUARANTEED, CERTIFIED, OR LEGALLY BINDING AND MAY NOT BE ACCEPTED BY REQUESTING PROVIDERS. CAPITA-SCREENING BEARS NO LIABILITY FOR ANY RELIANCE BY THE APPLICANT, REQUESTING PROVIDER(S), OR ANY THIRD PARTY ON THE OUTPUTS, EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED UNDER MANDATORY LAW.
19.8 PROVIDER ACCEPTANCE NOT GUARANTEED. CAPITA-SCREENING MAKES NO REPRESENTATIONS THAT ANY OUTPUT WILL BE ACCEPTED, DEEMED SUFFICIENT, OR RELIED UPON BY ANY REQUESTING PROVIDER. PROVIDER DETERMINATIONS OF INSUFFICIENCY, INCOMPLETENESS, OR ADDITIONAL REQUIREMENTS ARE OUTSIDE CAPITA-SCREENINGāS CONTROL AND DO NOT CREATE REFUND RIGHTS.
19.9 ADDITIONAL OR REPEAT SCREENINGS. IF A REQUESTING PROVIDER REQUIRES ADDITIONAL SCREENINGS, DEEPER VERIFICATION, REPEATED SUBMISSIONS, OR ALTERNATIVE CHECKS, SUCH REQUIREMENTS ARE OUTSIDE CAPITA-SCREENINGāS RESPONSIBILITY. EACH SCREENING IS DELIVERED ON AN AS-IS BASIS, AND NO OUTCOME GIVES RISE TO REFUNDS.
19.10 PROVIDER TIMELINES AND PROCEDURES. CAPITA-SCREENING HAS NO CONTROL OVER PROVIDER TIMELINES, INTERNAL PROCESSES, ACCEPTANCE CRITERIA, OR DECISION-MAKING. ANY DELAYS OR REJECTIONS ARE NOT ATTRIBUTABLE TO CAPITA-SCREENING UNLESS DIRECTLY CAUSED BY CAPITA-SCREENINGāS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
19.11 AS-IS SERVICE DISCLAIMER (ENHANCED SERVICES INCLUDED). ALL SERVICES, INCLUDING ENHANCED/PREMIUM SCREENING, ARE PROVIDED āAS-ISā AND āAS-AVAILABLE,ā WITHOUT CUSTOMIZATION GUARANTEES, AND MAY INCLUDE THIRD-PARTY SIGNALS, VERIFICATION RAILS, OR PROCESSORS THAT CAN CHANGE OR FAIL. CAPITA-SCREENING IS NOT RESPONSIBLE FOR OUTCOMES ARISING FROM APPLICANT INPUT ERRORS, OMISSIONS, OR PROVIDER-SPECIFIC EXPECTATIONS, EXCEPT WHERE MANDATORY LAW PROVIDES OTHERWISE.