FraudLock Terms and Conditions OF Membership

INFORMATION ABOUT US
1.1 www.fraudlock.co.uk is a site operated by Fraudlock Limited.

1.2 FraudLock Limited are registered in England and Wales under company number 06829871 and our registered office and main trading address is 51 Basford Road, Old Basford, Nottingham NG6 0JG.
SERVICE AVAILABILITY
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.
YOUR STATUS
By placing an order through our site, you agree that:
1. You are legally capable of entering into binding contracts;
2. You are at least 18 years old;
3. You are resident in the UK; and
4. You are accessing our site from the UK.
5. Information that you provide to us is accurate and you will update us if any of this changes at any time
6. You will be responsible for any passwords provided to you in respect of your use of the Services, will keep them secret and will notify us if you believe there to be any reason why an unauthorised third party might have access to your password
Please note that as a consumer you may have rights in addition to those set out in these terms, which are not overridden by these terms. You can find details of these rights from your local citizen’s advice bureau, or online at http://www.consumerdirect.gov.uk

Please note in particular the following clauses of these terms which are particularly important:

Clauses 4.4 (what should you do in the event you discover that your identity has been stolen),

Clause 6 (your right to cancel your membership); and

Clauses 8 and 9 (our liability)

Please note that, whilst the services that we provide should help you to avoid and/or deal with the consequences of an identity theft we do not offer insurance against identity theft and nothing in these terms should be construed as a creating a contract of insurance. You may wish to check your existing insurance cover to see if you require this insurance.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Applications are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that you are a Member (the Membership Confirmation)

4.2 Members may subscribe to any one or more of the services listed on our website (the Services). All orders for a particular service are subject to acceptance by us. We will confirm such acceptance by sending you an email that confirms that the date for commencement of the Service (the Service Confirmation), and we will only start to provide the relevant Service from the date set out in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the subscription of such Services has been confirmed to you in a separate Service Confirmation.

4.3 Please note that additional restrictions or terms and conditions may apply in respect of each of the Services offered by Fraudlock. You are therefore advised to read these before applying for Membership
- FREE Credit File Conditions
  This is a third party service and is provided subject to a third party’s terms and conditions. By agreeing and signing up to the FREE Credit File Service you agree to be bound by those third party terms and conditions. Please note that FraudLock do not control the site from which this service is provided and are not responsible for the content of the third party site. Free access to this third party service will be enabled via the issue of a unique Equifax Promotion Code for your personal use only, and may not be transferred to a third party. For the purpose of checking your continuing eligibility for this third party service, your personal details will be shared between FraudLock and Equifax once the Promotion Code has been activated.
- FREE Credit Monitoring Conditions
  This is a third party service and is provided subject to a third party’s terms and conditions. By agreeing and signing up to the FREE Credit Monitoring Service you agree to be bound by those third party terms and conditions.
  Please note that FraudLock do not control the site from which this service is provided and are not responsible for the content of the third party site. Free access to this third party service will be enabled via the issue of a unique Equifax Promotion Code for your personal use only, and may not be transferred to a third party. For the purpose of checking your continuing eligibility for this third party service, your personal details will be shared between FraudLock and Equifax once the Promotion Code has been activated.
- FREE Credit Rating & Analysis
  This is a third party service and is provided subject to a third party’s terms and conditions. By agreeing and signing up to the FREE Credit Rating & Analysis you agree to be bound by those third party terms and conditions. Please note that FraudLock do not control the site from which this service is provided and are not responsible for the content of the third party site. Free access to this third party service will be enabled via the issue of a unique Equifax Promotion Code for your personal use only, and may not be transferred to a third party. For the purpose of checking your eligibility for this third party service, your personal details will be shared between FraudLock and Equifax once the Promotion Code has been activated.
- Private Investigators Conditions
  Please note that the appointment of a private investigator shall be at FraudLock’s sole discretion based on the merits of a claim (in FraudLock’s sole view). FraudLock cannot guarantee that a private investigator will be appointed and any appointment may be subject to further terms and conditions based on the nature of the instruction given to that investigator. In particular please note that, since an investigator may require access to additional personal data we would need to agree this with you in advance.
- Datawatch Conditions
  We will use reasonable endeavours to seek out trading of identities on the black market but cannot guarantee the results of such search.
- Cardlock Conditions
  This service involves the provision of phoneline support, to assist you in cancelling your cards. Please note that you will need to contact your card provider yourself, using the numbers that we provide to you.
- Statement reminder Service Conditions
  This service is dependent upon you entering the dates that you usually receive statements, so that we can send a reminder. Note that the service is dependent upon the information that you enter.
- Reduced Junk Mail Services Conditions
  This is a third party service and is provided subject to a third party’s terms and conditions. By agreeing and signing up to the Reduced Junk Mail Service you agree to be bound by those third party terms and conditions
- Online Security Service Conditions
  This service involves the suggestion to you of and/or provision of third party security software. Your use of such software is subject to the licence terms that the third party may impose.
  Please note that in respect of software that you are able to download free of charge please note that we accept no liability in respect of such software and you are advised to carry out virus checks and to look into the suitability and compatibility of such software.
4.4 What should you do if you discover that your identity has been stolen?
If you discover your identity has been stolen you must:
1. Advise the FraudLock helpline telephone number 0800 0258003 for assistance and guidance on recovering your identity
2. b) Our service will provide you with access by phone to repair your credit rating following an Identity Theft, by instructing all three credit reference agencies. It is important that you do this as soon as possible.
OUR STATUS
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.

5.2 The above disclaimer does not affect your statutory rights against the third party seller, nor your rights against us where we use a third party provider to provide a Service.
DURATION AND YOUR RIGHT TO CANCEL YOUR MEMBERSHIP
6.1 We want you to be happy with our service. We therefore offer you the option to cancel your Membership at any time up until you have received a Membership Confirmation or for up to 7 working days from the day after you received the Membership Confirmation (the “Cooling Off Period”) in exchange for a full refund. Please note however that cancellation of any of the Services that your membership entitles you to will not involve a refund (since you are entitled to take up as few or as many of the Services as you choose.

6.2 If you choose not to cancel your membership during the Cooling Off Period your membership will continue on a rolling monthly or yearly basis (depending upon the type of membership you have chosen) and will automatically be renewed unless and until you notify us that you wish to terminate it. Please note the termination requirements in clause 6.4 below.

6.3 If you have paid for an annual membership and choose to cancel it early we will refund you the proportion of the fees payable for which the Service was not used. No refunds are given in respect of monthly memberships.

6.4 You can give notice to terminate your Membership (or any of the Services) at any time by emailing us, writing or telephoning us using the contact details on the website. PLEASE NOTE that HOWEVER YOU CHOOSE TO CONTACT US, in order to verify your identity and confirm your instruction to terminate we will require you to:
1. complete a form confirming that you wish to terminate your Membership; and
2. return that form to us by post in the (postage free) envelope provided to you
IT IS IMPORTANT THAT, IF YOU WISH TO CANCEL, THAT YOU ALSO COMPLETE AND RETURN THIS FORM TO US. IN ORDER TO AVOID POTENTIAL FRAUD ON YOUR ACCOUNT WE WILL NOT ACCEPT AN INSTRUCTION TO TERMINATE YOUR MEMBERSHIP UNTIL WE HAVE RECEIVED YOUR COMPLETED TERMINATION FORM.

We will suspend your payment for a period of one month from the date that you contact us in order to allow you time to complete and return the termination form.
PRICE AND PAYMENT
7.1 The price of membership (and access to the Services) will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.

7.2 Prices consist of a one off “Joining Fee” and an annual or monthly fee for so long as you continue to have the benefits of membership.

7.3 Prices are liable to change at any time, but changes will not affect any Joining Fee you have already paid or any period of Membership that you have already paid for and for which we have already sent you a Membership Confirmation. In the event that we need to change our prices we will give you at least 30 days prior notice before the new prices come into effect.

7.4 Payment for all Services must be made in advance by credit or debit card or direct debit. We accept payment with MasterCard, VISA, VISA Electron, Maestro or Solo. We will not charge your credit or debit card before we send your Membership Confirmation.

7.5 By completing the registration process to become a Member, you authorise FraudLock Limited to charge the applicable recurring annual or monthly fee via your designated payment method. Monthly subscribers are billed on a monthly cycle, which begins on the date of your Membership Confirmation. If you have signed up for an annual or other subscription plan, you will be billed in advance at the beginning of each applicable billing period.
OUR LIABILITY
8.1 We will use reasonable skill and care in providing the Services that you are Subscribed to.

8.2 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to losses which are a foreseeable consequence of us breaching the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

8.3 This does not limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. For our fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which (which are not foreseeable by you and us), including but not limited to:
1. loss of income or revenue
2. loss of business
3. loss of profits or contracts
4. loss of anticipated savings
5. loss of data
8.5 In no event shall our liability to you (other than for the events in 8.3 above) exceed the sum stated as our total service guarantee in clause 9

8.6 Where a Service is provided by a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions. Unless we expressly agree otherwise with you we do not accept liability for services provided by third party suppliers.
SERVICE GUARANTEE
9.1 Without prejudice to your statutory rights we agree, subject to the following provisions that, in the event that you suffer foreseeable loss as a direct result of our failure to provide a Service in accordance with the relevant terms relating to that Service, to cover your costs in respect of personal financial identity fraud, to cover the following items only:
1. Costs of notarising fraud affidavits or similar documents for financial institutions or similar credit grantors or credit reference agencies that have required that such affidavits be notarised;
2. Costs of sending registered mail to the Police, credit reference agencies, financial institutions or similar credit grantors in relation to your Identity Theft;
3. Lost wages as a result of time taken off from work to meet with, or talk to, the Police, credit reference agencies and/or legal counsel or to complete fraud affidavits (up to a limit of £10,000);
4. Loan application fees for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information (up to a limit of £1,000);
5. Reasonable legal fees incurred, subject to our prior consent, for defence of lawsuits brought against you by merchants or their collection agencies, the removal of any criminal or civil judgements wrongly entered against you; and challenging the accuracy or completeness of any information in a consumer credit report (up to a total limit of £10,000);
6. Charges incurred for long distance telephone calls to retail merchants, the Police, financial institutions or similar credit grantors or credit reference agencies to report or discuss an actual Identity Theft, (up to a limit of £500); and
7. Cost of Private Investigations carried out in accordance with the ‘Private Investigation’ Terms & Conditions, up to a limit of £50,000
9.2 The following are not covered:
1. Losses relating to business activities;
2. Expenses incurred due to any fraudulent, dishonest or criminal act by you;
3. Any costs associated to an occurrence of identity theft prior to becoming a member;
4. Lost earnings of self employed individuals;
9.3 Note that this guarantee does not cover losses you may suffer as a result of tax fraud, benefit fraud, medical fraud or criminal record fraud.

9.4 In order to claim the sums set out we reserve the right to require you to provide documentary evidence of the costs incurred by you and is not intended as a substitute for taking out your own insurance.

9.5 In no event shall FraudLock be liable for funds lost, nor expenses incurred as a result of amounts that cannot be recovered from the bank, building society or other account from which funds were taken. (This would usually occur where the bank considers that you have acted recklessly with your identity details.)

9.6 We shall not be liable to make any payment pursuant to clause 9.1 to the extent that your loss has been caused by your negligence or failure to take relevant precautions to avoid fraud (including without limitation where you have not shredded relevant documents, have disclosed your bank account details to a third party or have not reported the loss within 7 days of its occurrence).
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Impossibility of the use of public or private telecommunications networks.
5. The acts, decrees, legislation, regulations or restrictions of any government.
6. 12.1.6 A failure by one or more third party service providers that you are aware are providing the services (such as one of the credit reference agencies)
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
THIRD PARTIES
This Contract is between you and FraudLock Limited and (unless otherwise agreed between us in writing) shall not entitle any other person to enforce them or to benefit from any rights under this agreement.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO TERMINATE OR TO VARY THESE TERMS AND CONDITIONS
16.1 We may revise and amend these terms and conditions and/or the conditions of any of the individual Services from time to time. In particular we may need to use different service providers and/or slightly alter the service.

16.2 We may from time to time need to suspend the Services where our website or computer services are down, under repair or being maintained. We also reserve the right to terminate your Membership if we reasonably believe that information that you have provided to us is inaccurate or if you are in breach of these terms and conditions.

16.3 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
LAW AND JURISDICTION

Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales (or the relevant UK court where you are based).
The Marks & Spencer monthly prize draw is exclusively for WI members and is open to UK and Republic of Ireland residents who join FraudLock during 2010. Entry to the prize draw will be automatic every month whilst still a member of the FraudLock service. The FraudLock prize draw is held on the 2nd Friday of each month for the previous month.

a) The Prize Draw will commence once there are 200 WI members enrolled in FraudLock
b) One winner each month will receive £100 in M&S vouchers up to December 2010.
c) There is no cash alternative available.
d) Open only to UK and Republic of Ireland residents.
e) One entry per person.
f) Entrants must be over 18 years of age.
g) Winners will be contacted each month by FraudLock after the competition has been drawn.
h) Acceptance of the prize constitutes consent to use the winner's name, written testimonial and photography for editorial and publicity purposes.