Last revised 06 April 2018
Welcome to the Amiqus ID terms and conditions. Please note that by using this website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions and hereunder, do not use or access this Website.
1.1 Amiqus ID offers an online identification service known as ("the Service"). “Amiqus ID” is a trading name of Amiqus Resolution Ltd, a limited company registered in Scotland (SC511150) with the registered office at City Point, 3rd Floor, 65 Haymarket Terrace, Edinburgh, EH12 5HD.
1.2 By using this website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions hereunder, do not use or access this website. You must read and accept all of the terms and conditions contained herein before you may use or access the website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Amiqus ID provides the Service and upon which the Customer agrees to contract for the use of the Service except where specifically varied by written agreement by Amiqus ID on its order acknowledgement. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement:
“Agreement” means these terms and conditions. “Amiqus ID Website” or “Website” means the Services offered by Amiqus ID via the Amiqus ID website.
“Check” or “Checks” means the process of identification as described by “the Service”.
“Complaints Process” means all the provision of full details of the complaint to Amiqus ID in writing; email to info@Amiqus.co or in writing by post to City Point, 3rd Floor, 65 Haymarket Terrace, Edinburgh, EH12 5HD.
“Contract” means by ticking the boxes on the website the Customer will contract with AmiqusID and is aware the Customer agrees to these terms and conditions and is subject to and bound by all such terms, to the exclusion of any terms and conditions of the Customer.
"Customer Data" means any Customer information necessary of us to provide the Service including a legible copy of the Customer’s passport and driver’s license.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Registration Confirmation” means the email acceptance sent by Amiqus ID following receipt of the Customer’s registration. Please note the Customer will be subject to third party terms and conditions in these circumstances.
“The Client” means any company, firm, corporation or public authority who wishes to purchase the Amiqus ID Service.
“The Customer(s)” means the Client’s Customer, who contracts directly with the Client but is also bound by the terms of this Agreement. The Customer may also contract directly with Amiqus ID.
“The Service” means the services offered by Amiqus ID which includes but is not limited to, identity checks, document verification and bank account verification.
“The Website” means the Amiqus ID website operating under the domain name of this Amiqus ID website.
“Working Hours” means 9.00am to 5.00pm from Monday to Friday excluding weekends, public holidays or statutory holidays.
“You / Your” means anyone who uses this Website.
2. Service provision
2.1 Amiqus ID will reserve the right to accept or reject any registration at its sole discretion.
2.2 Amiqus ID will use all reasonable endeavours to provide the Service as described on the Website.
2.3 Amiqus ID may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
2.4 Please note with regard to any telephone calls between us, we may record telephone conversations to assist with training and to ensure the best service is being provided.
3. Basis of Use of the Website
3.1 You agree to the following:
3.1.1 That you are aged 18 or over and are legally capable of entering into binding contracts.
3.1.2 That you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter.
3.1.3 That you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website (“the Information”) at any time.
3.1.4 That you shall not use the Information for any unlawful purpose or in any unlawful manner.
3.1.5 That you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality).
3.1.6 That you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use.
3.1.7 That all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Amiqus ID at all times.
3.1.8 That you will indemnify and keep indemnified Amiqus ID against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under this agreement.
4. Proprietary Rights
4.1 All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Amiqus ID, it’s assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Amiqus ID or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
5. Customer Obligations
5.1 By entering your data you hereby warrant that all information and Data submitted by you is true, current and complete.
5.2 The Customer is responsible for the quality of the data provided including the accuracy and ensuring the content is not misleading in any way. The Customer is responsible for ensuring the data is submitted correctly in line with Amiqus ID’s terms and conditions as outlined in this contract. For example the intelligibility of the passport and driver’s license details to allow Amiqus ID to fulfill the Service. Amiqus ID will be the sole arbiter of this issue.
5.3 The Customer must comply with all relevant rules and regulations or any legislation connected with the Service.
5.4 Subject to clause 7.1, the Customer shall pay the charges for the Service in accordance with clauses 7 and 8 below.
5.5 Without prejudice to its rights in terms of Clause 9 hereof, Amiqus ID is entitled to suspend or terminate the Customer’s use of the Service if the Customer fails to comply with any of its obligations under clauses 4, 5 or 7 and herein.
5.6 The Customer agrees to provide AmiqusID with all necessary information required as stated in the Website.
5.7 Amiqus ID may terminate provision of the Service immediately if the Customer becomes insolvent or put into liquidation or administration or otherwise ceases to carry on business.
5.8 The Customer is responsible for revision of Customer Data including checking of grammar and spelling mistakes or content incorrectly worded or phrased.
5.9 The Customer is responsible for gaining permission to use Intellectual Property not owned by the Customer. Amiqus ID takes no responsibility for such undertakings.
5.10 Due to the nature of the Service, no refund is offered by AmiqusID.
6.1 Should the Customer require a change in the nature, scope or timing of the Service or in any other aspect of this Agreement, such change shall be requested in writing. Amiqus ID shall advise the Customer of the effects including any increase in the Service charges which may result and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.
7. Service charges
7.1 In the event that the Customer is liable for payment of the Service, the following conditions apply.
7.2 Charges for the Service shall be based upon the Customer (where appropriate) paying for the Service in advance.
7.3 The prices charged initially shall be those stated on the website.
7.4 No Service will commence until payment has been received.
7.5 With regards to Credit Card Payments, the Customer will be charged a fee of 2% for the transaction.
7.6 Services will be commenced within 24 hours of receiving the initial payment.
7.7 Prices exclude VAT which shall be added and charged at the prevailing rate. We accept payment in UK pounds sterling only.
8. Payment of Service charges
8.1. With regard to payment, the payment is made by electronic payment via a third party payment system. The payment shall be paid in advance of Service commencement.
8.2 Without prejudice to the foregoing, all charges for Services are non-refundable in the event of early cancellation by the Customer.
8.3 Services will only cover services originally agreed at the time of contract and further work is subject to quotation and may be subject to a different set of terms and conditions.
8.4 The Customer shall not be entitled by reason of any set-off, counterclaim, abatement, or other deduction to withhold payment of any amount due to Amiqus ID.
8.5 Where the payment is made by means of cheque, the Customer will only access Services after the payment has been cleared in the Amiqus ID bank account.
8.6 If the customers cheque is returned by the bank as unpaid for any reason, Amiqus ID reserves the right to levy a “returned cheque” charge.
8.7 If you are late in making a payment under this Agreement for 45 consecutive days or more, we reserve the right to commence the debt recovery process and thereafter where applicable enter the small claims process or other legal action. You shall reimburse us on demand for all costs, expenses and losses associated therewith (including lost profit) or enter the small claims process to recover payments due if necessary.
9.1 Amiqus ID shall be entitled to suspend the Service in accordance with clause 5.13.
9.2 Without prejudice to any other rights to which it may be entitled, Amiqus ID may terminate provision or use of the Service respectively with immediate effect if the Customer commits any material breach of any of the terms of the Agreement and the breach remains unremedied after thirty days of the Customer being notified by Amiqus ID of the breach and of Amiqus ID intention to terminate unless the breach is remedied.
9.3 Amiqus ID may terminate provision of the Service immediately if the Customer becomes insolvent or put into liquidation or administration or otherwise ceases to carry on business.
9.4 Amiqus ID will not tolerate Customers being rude or offensive or otherwise abusing the Amiqus ID Service in any way and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Amiqus ID’s discretion).
9.5 Where the Customer has contracted for our Services (based upon the number of Credits purchased) direct from Amiqus ID, we will automatically continue to supply services on an on-going basis within the parameters of this Agreement.
9.6 Due to the nature of the Service provided by Amiqus ID, We do not offer refunds.
10. Warranty given by AmiqusID.
10.1 AmiqusID undertakes to use reasonable skill and care in providing the Service as described on the website.
11. Disclaimer and Limitation of Liability
11.1 The Customer uses the Service at its own risk and in no event shall Amiqus ID be liable to the Customer for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Amiqus ID's negligence) including, but not limited to, loss of profits, loss of contracts, change in Customer’s business circumstances, business interruptions, loss of or corruption of data or the Customer’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
11.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Amiqus ID becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Amiqus ID’s negligence) or otherwise, will not exceed the total charges paid by the Customer in the one month preceding such liability arising.
11.3 Amiqus ID, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
11.4 It is the Customer’s responsibility to maintain an updated Browser, firewall or anti-virus and anti-spyware software. The Customer must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software provider.
11.5 Amiqus ID cannot guarantee 100% uptime and endeavour’s to provide Services as described on the website.
11.6 Amiqus ID is not responsible for the Customer’s use of the Service or the impact of the information provided or any outcome as a result of using the Service.
11.7 Amiqus ID will not be held responsible for any delay to the Service if payment is not received pursuant to clause 8.1 and 8.5 hereof.
11.8 Amiqus ID is not responsible for third party mistakes or external delays and will not accept delay in payment to us from you as a result of such circumstances.
11.9 The Customer (where appropriate) is responsible for gauging the correct number of Credits and must purchase Credits before placing an order for the Service.
11.10 Amiqus ID is not responsible for the Clients data storage arrangements or storage of the Customer’s Data after the Check is completed, if in any instance data is removed from the Amiqus ID product and held in any other third party systems.
12. Force Majeure
12.1 Amiqus ID shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
12.1.1 act of god, explosion, flood, tempest, fire or accident; weather.
12.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of 3rd party against agreed commitments including postal delivery services.
13. Dispute Resolution
13.1 Should any dispute arise in connection with this Agreement, the parties shall attempt to settle by negotiation however should the dispute not be resolved within 30 days of the first intimation of the dispute then parties shall attempt to settle it by Mediation, or friendly negotiation, conciliation agreement, third party facilitated mediation and or arbitration or similar alternative dispute resolution (ADR) prior to court litigation and where applicable shall be conducted in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
14. Statutory Information
This website is owned and operated by:
Amiqus Resolution Ltd
City Point, 3rd Floor
65 Haymarket Terrace
16.1 Amiqus ID shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of their rights or obligations without our written consent.
17.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website and of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
17.2 Failure or delay by AmiqusID in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
17.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.