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TERMS OF SERVICE

Version 4.0 ︱Last update 1st August 2020

ABOUT THIS UPDATE

This version of our Terms of Service bring important information reflecting the recent changes to our company as well as modifications to our products and services. Please read this document carefully. This version 4.0 will take effect on the 1st September 2020

The previous version of the ToS will still be in force until 31st August 2020 and it will apply to anything that happens until that date. Please contact us if you have any questions or concerns. Your continued use of our products and services after 1st of September 2020 will be deemed as an acceptance of the amended Terms of Service. 

Please read all of this Agreement.

From the 1st September 2020 all products and services of Blockpass covered by this Terms of Service will be provided by Blockpass UK Ltd (“Blockpass”, “us” or “we”). This document, the Terms of Service, (the “ToS” or “Terms”) is a legally binding agreement between you (“you” or “User”) and Blockpass, and applies to your use of Blockpass’ products and services, including but not limited to, the Blockpass App and Blockpass Web ID (the “Services”). By using the Services you agree to be bound by these Terms of Service. Blockpass may introduce new products and services to complement our core identity application from time to time and these may have separate terms and conditions of use which will be shown to you. Your use of these new products or services will be deemed as acceptance of the additional terms and conditions of use in conjunction with these ToS. In the event of conflict between this ToS and any additional terms and conditions of use, the terms of these ToS shall prevail.

Blockpass UK Ltd, hereafter referred to as “Blockpass”, , is a limited liability company incorporated in England and Wales (company registration number 11251249), whose registered address is 7 Bell Yard, London, England, WC2A 2JRL. Blockpass UK Ltd is part of the Blockpass Group. 

Blockpass grants you a non-exclusive, revocable, non-transferable license to use the Services as provided and, for the use of the Services on a mobile device or computer that you own, control or use. Additionally, we grant you this license on the basis of these Terms and subject to any rules or policies applied by Apple/Google Play when downloading the Blockpass App (the “App”). The Services are not for sale and Blockpass shall remain the owner of the Services at all times. We reserve the right to revoke this license and your access to the Services by notice to you.

Before using the Services, Users should read these ToS carefully.

By using the Services you agree to the terms of these ToS and Blockpass’ Privacy Policy, and agree to be bound by them.

You must be 18 or over to accept these terms and use the Services.

1. Your Data and Privacy

1.1 Blockpass provides identity verification services and in order for us to provide the Services to you we need to collect your data for verification. By using our Services you agree to us collecting and storing your data for ongoing Anti-Money Laundering (“AML”) monitoring purposes. You further agree that the results of verification will be shared with third parties when you apply for their services via Blockpass. Some third parties services you apply to may request ongoing AML monitoring therefore Blockpass will share the results of ongoing AML checks with the third party as instructed by you and to fulfil our obligations towards you. We do not accept any liability arising out of these results, be them reputational or financial.  

1.2 You will find more information on how we collect and store your data through your use of the Services in our privacy policy here. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.3 Blockpass may use third party providers for verification services at its own discretion and data may be shared with them which may include data being sent outside of the European Union. Blockpass will endeavour to ensure data protection measures are in place and in accordance with local regulations. To that end, to the extent permitted by applicable law, you agree to Blockpass sharing the necessary data for your full enjoyment of the Services. Such data shall be used in accordance with the personal data protection regulation in place and shall not be used for any other purpose than to provide the Services and fulfill our contractual obligations towards you. By accepting these ToS you agree to fulfil your contractual obligations by sharing your data with us for the purpose thereof.

1.4 For more information on how we handle your data please read our Privacy Policy.

2. Support and Contact

If you want to learn more about the Services or have any problems using them please contact us (including complaints). If you think the Services are faulty or wish to contact us for any other reason please email our customer service team at [email protected].

3. Disclaimers

3.1 To the maximum extent permitted by applicable law, the Services are provided “as is” and on an “as available” basis, with no representations, warranties, promises or guarantee whatsoever or agreement of any kind as to their functionality, quality or fitness for purpose. We hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, of accuracy, of quiet enjoyment, non-infringement of third party rights, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Blockpass is accurate, complete, or useful. We do not warrant that access to the Services will be uninterrupted or that there will be no delays or failures, or that our Services will be operational, error-free, secure or safe at all times.

3.2 To the maximum extent permitted by applicable law, Blockpass disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation:

3.2.1 any warranty with respect to the content, information, availability of, or uninterrupted access to any Service (including the maintenance and operation of the App and ensuring the operation of the Services in a manner consistent with the written text of this document) or products provided through or in connection with the Services;

3.2.2 any warranties of title or implied warranties of merchantability or fitness for a particular purpose; and

3.2.3 any warranties as to the legitimacy or characterisation of the Services and any services associated with it under any applicable law (including any applicable tax law) or regulation in any and all relevant jurisdictions.

3.3 To the maximum extent permitted by applicable law, in no event will Blockpass be responsible or liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, breach of trust, breach of fiduciary duty or otherwise, for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, investment opportunities, data use, goodwill, increased overheads or administrative expenses or other intangible losses) regardless of whether Blockpass has been advised of the possibility of such damages, liabilities, losses, costs or expenses, provided that these conditions shall not prevent claims that are not excluded by applicable law, arising out of or in connection with:

3.3.1 The use of the Services or any services associated with it, including but not limited to, results of AML ongoing monitoring services provided to third parties under your instructions;

3.3.2 any provision of or failure to provide the services associated with the Services;

3.3.3 any reliance on, or decision made on the basis of, information or material provided by Blockpass (including without limitation, as part of these terms);

3.3.4 any acts, omissions, statements or representations of any third party, including but not limited to Blockpass UK Ltd, any other third party provider of Blockpass verification services, any distributor, or any other Blockpass party;

3.3.5 any matter affecting the utility, legitimacy, legality or characterisation of the Services or any associated services caused by circumstances beyond Blockpass’ reasonable control;

3.3.6 unauthorised access, use or alteration of the Services;

3.3.7 the failure of the software code of any of the smart contracts to operate in a manner that is consistent with the written text of this document;

3.3.8 any suspension of, any delay or failure to provide notice of any suspension of, or any alleged delay in suspending or any alleged failure to suspend, the operation of the Services (in whole or in part) for security reasons; or

3.3.9 the failure to receive in any way the transmission of any data or content from you.

3.4 Blockpass shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed.

4. Websites You Link To

4.1 The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

4.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

5. Intellectual Property Rights

5.1 Intellectual Property Rights in the Services throughout the world belong to Blockpass and the rights in the Services are licensed, not sold, to you. You have no Intellectual Property Rights in, or to, the Services other than the right to use it in accordance with these Terms.

5.2 You acknowledge that you have no right to have access to the Services in source-code form.

5.3 You must not:

5.3.1 copy or reproduce all or any part of the Services;

5.3.2 alter, modify or adapt all or any part of the Services;

5.3.3 translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, Documentation or Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services and the Services on devices as permitted in these terms;

5.3.4 give remove or tamper with any copyright notice attached to or contained within the Services (all ownership remains with Blockpass); or

5.3.5 carry out reverse engineering of the Services.

6. Limitation of Liability

6.1 You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services as described in these Terms and other documents meet your requirements.

6.2 We shall not be liable for any indirect or consequential losses relating to, arising out of, or in any way in connection with our ToS, us, or our Services. We shall not be liable for any loss of profits, loss of business, business interruption, or loss of business opportunity (in each case whether direct or indirect losses).

6.3 We shall not be liable for any indirect or consequential losses relating to, arising out of, or in any way connected to the results of ongoing AML monitoring carried out upon the request of the Merchant and with the User’s consent. The foregoing disclaimer will also apply to any potential defamation cases to the maximum extent permitted by applicable law. 

6.4 Subject to clause 6.5, in any event in the Disclaimers section and this section, the total liability of Blockpass to the User shall not exceed £1,000. 

6.5 The foregoing disclaimer, and the Disclaimers section, of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Nothing in these ToS shall limit or exclude our liability for:

6.5.1 death or personal injury resulting from our negligence;

6.5.2 fraud or fraudulent misrepresentation; and

6.5.3 any other liability that cannot be excluded or limited by the laws of England and Wales.

7. We are not responsible for events outside our control

7.1 If the provision of the Services or support for the Services is delayed by an event outside our control then we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by events outside our control.

8. Acceptable Use Restrictions

8.1 You must not:

8.1.1 copy, reproduce, alter, vary, modify, adapt, translate, merge or reverse engineer the Services;

8.1.2 use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these ToS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services;

8.1.3 use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

8.1.4 infringe our intellectual property rights or those of any third party in relation to your use of the Services; 

8.1.5 remove or tamper with any copyright notice attached to or contained in the Services

8.1.6 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services.

9. Variation

9.1 Blockpass may change/update the terms of these ToS at any time. Please make sure to check the Blockpass website regularly for the latest version.

9.2 If Blockpass makes a change to these ToS that you disagree with, you can terminate these ToS before that change takes effect without charge by stopping the use of the Services. If you continue to use the Services after the changes come into effect, then Blockpass will assume that you have accepted the changes accordingly.

10.Updates to the Services

10.1 From time to time, we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security concerns. Alternatively, we may also ask you to update the Blockpass App for the reasons above.

10.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Services or may only have access to a limited number of functionalities

11. Termination

11.1 Blockpass may terminate the relationship with a User immediately if:

11.1.1 a User has seriously or persistently breached any of the terms of these ToS, including where Blockpass reasonably suspects that a User has committed fraud or may be acting fraudulently in connection with the Services;

11.1.2 a User was not entitled to access the Services, or his/ her eligibility to download and/or use the Services changed;

11.1.3 a User is using the Services for an illegal purpose, or

11.1.4 In relation to the App, if the App is withdrawn by the manufacturer of your mobile device operating system or Apple, Google, Microsoft, BlackBerry or any App Provider or other intermediary.

11.2 Blockpass will notify you if it decides to suspend or delete you. This can include notification by SMS, a message when you log onto the Services, by post, by email, by secure e-message, or in any other applicable way.

11.3 You can terminate these ToS at any time by deleting the App from your mobile device(s), deleting your account with us via WebID and stopping the use of Services.

11.4 Upon termination for any reason, you must remove the App from your mobile device and all rights you have in respect of the Services will immediately end.

12. Governing law, Jurisdiction and dispute resolution

12.1 These ToS are governed by the laws of England and Wales and shall be construed in accordance with these laws.

12.2 Subject to clause 12.3, courts in England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these ToS.

12.3 Blockpass is committed to providing quality Services therefore it aims to deal with disputes in a transparent, confidential and efficient manner. If any dispute arises in connection with the Services, Blockpass shall have ninety (90) days from the date of the complaint by the User to address the dispute and propose a resolution.

13. No Rights for Third Parties

13.1 These ToS are personal to the Parties. The provisions of the Contracts (Rights of Third Parties) Act 1999 do not apply to this Agreement. No person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified in this Agreement) shall have any right under the Contracts (Rights of Third Parties) Act to enforce this Agreement or to enjoy the benefit of any term of this Agreement.

14. Miscellaneous Terms

14.1 Subject to local legislation, we may transfer our rights and obligations under these ToS to another Group company or organisation, but this will not affect your rights or our obligations under these ToS.

14.2 Each of the terms of these ToS operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.