Apps Terms & Conditions

Terms & Conditions

The use of this app is possible without the submission of personal data.

Please note: No data will be stored, recorded or evaluated!

These Terms and Conditions govern your use of the IDscan Mobile App. By accepting these Term and Conditions a binding written agreement shall be constituted between You and IDscan Biometrics Limited in relation to the Service.

“IDscan Biometrics Limited” is a legal entity seated in London.

“You” is a merchant operating business in one or more countries in the Territory or a natural person who is a legal resident or a citizen of a country in the Territory.

“The Service” is a mobile service which allows You to verify identity documents.

“Service App” is a software application enabling you to use the Service by downloading it onto your Supported Device functioning under the Supported System.

1.         The Service

1.1.      It is IDscan’s corporate policy not to knowingly provide the Service for any person or organization whose use of the Service involves or pertains to any activity which is illegal under law applicable in the Territory and any part thereof, or involves an activity or business with which IDscan declines to accept and conduct business generally (“Excluded Activity” or “Excluded Activities”).

1.2.      IDSCAN may publish on its website from time to time a list of businesses and activities which IDSCAN includes within the scope of Excluded Activities. IDSCAN reserves the right to reject any proposed IDSCAN verification which it deems in its sole discretion could use the processing services in conjunction with any Excluded Activity. If IDSCAN discovers after you have completed using its APP that you are utilizing the Service in conjunction with an Excluded Activity, IDSCAN may immediately terminate its provision of processing services to you, without liability and/or notification to you.

1.3.      If you are doing business in a currency which differs from the currency for which your bank account has been set up, you will bear all bank charges and foreign exchange costs that might be triggered thereby.

2.         License

2.1.      We grant you a personal, limited, non-exclusive, revocable, non-transferable license, limited in time for the term of this Agreement, to electronically access and use the Service solely for the purpose to accept and receive payments and to manage the funds received so, in accordance with this Agreement.

2.2.      All intellectual property rights, including trademarks and copyright, over or in relation to the Service (and its components and updates) are held by IDSCAN and its partners. This Agreement grants you no intellectual property rights.

3.       Taxes

3.1.   You are responsible for determining, collecting, paying, withholding, reporting and remitting of any and all taxes in relation to the Service and its components.

4.       Representations and Warranties

4.1.   You represent and warrant to us that:

(a) you are at least eighteen (18) years of age;

(b) you are eligible to use the Service and have the right, power, and ability to enter into and perform under this Agreement; © you are a legal resident or a citizen, or a legal entity authorized to perform business;,

(c) you will notify us of any change in the goods and/or service you use the Service for in which case IDSCAN shall at sole discretion either decide to update your IDSCAN account or to open a new IDSCAN account with us;

(d) you will fulfil all of your obligations to each Cardholder for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Cardholder;

(e) you and all transactions initiated by you will comply with all and any laws applicable to you and/or your business, including any applicable tax laws and regulations;

(f) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service;

(g) your use of the Service will be in compliance with this Agreement; (m) you have read, understood and have agreed to the Card Schemes’ rules.

4.2.   To the maximum extent permitted by applicable law, the Service is provided without us giving warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, we do not warrant that the Service, or its components, are accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

5.       Indemnity

5.1.   You will indemnify, defend, and hold us (and our respective employees, directors, agents, affiliates and representatives) and our partners harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your obligations set forth in this Agreement, including without limitation any violation of the Card Schemes’ rules; (b) your wrongful or improper use of the Service; © any transaction submitted by you through the Service; (d) any customer review, rating, comment, or testimonial which is published online through your use of the IDSCAN Mobile Pay application and related web site(e) your violation of any third-party right, including without limitation any right of privacy, or Intellectual Property Rights; (f) your violation of any law, rule or regulation of any applicable law; (g) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.

6.       Limitation of Liability

6.1.   To the maximum extent permitted by applicable law, in no event shall IDSCAN, its processors, its suppliers, or its licensors (or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, unavailability, suspension, or termination of the Service. Under no circumstances will IDSCAN be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your IDSCAN Account, or the information contained therein.

6.2.   To the maximum extent permitted by applicable law, IDSCAN, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any

(i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;

(ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

(iii) any interruption or cessation of transmission to or from the Service;

(iv) any bugs, viruses, trojans, or the like that may be transmitted to or through the Service by any third party;

(v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

(vi) your (user) content or the defamatory, offensive, or illegal conduct of any third party. In no event shall IDSCAN, its processors, agents, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if IDSCAN has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

7.       Termination

8.1.   You may terminate this Agreement at any time by closing your IDSCAN app. After closing your IDSCAN app, you will not be entitled to use the Service.

9.2.   We may terminate this Agreement at any time and for no reason upon a 15 days’ notice to you. However, we may immediately suspend the Service and access to your IDSCAN Account if:

(i) you have violated the terms of this Agreement, IDSCAN’s or Card Schemes’ policies,

(ii) you provide any inaccurate, false, incomplete or misleading information,

(iii) we have reasonable grounds to believe that you are engaged in an illegal or fraudulent activity or conduct or you use the Service in relation to an activity which the Service is restricted for,

(iv) you pose an unacceptable credit or fraud risk to us. If an investigation is pending at the time we close your IDSCAN Account we shall withhold any payouts due to you as described herein. Funds in the Reserves will remain in the Reserves for at least 6 (six) months following the later of termination of the agreement created between you and IDSCAN under these IDSCAN Mobile Payment T&Cs or the last activity in your IDSCAN Account, provided, however, that you will remain liable to IDSCAN respectively a Card Scheme for all liabilities occurring beyond such period.

After the expiration of the 6 (six) months period IDSCAN will provide you with a written notification advising that

(i)            the 6 (six) months period has expired and

(ii)          requesting to provide IDSCAN with the details where the funds should be delivered.

9.3.   Deposit you keep with us shall be paid out to your bank account, less any applicable fees, provided that all payout requirements applicable to payments processed through the Service have been fulfilled and no investigation is pending at the time you close your IDSCAN Account. We shall not be liable to you in damages for termination of a IDSCAN Account or suspension of the Service.

9.4.   Any fees you have paid for any period of time which falls after your IDSCAN Account has been terminated (pre-paid fees) shall be retained by us and we shall have no obligation of remitting these fees to you or have these fees refunded to you.

10.       Assignment

10.1.   You cannot assign or otherwise transfer right and obligations under this Agreement. IDSCAN shall be entitled without restriction and without and notice to you to assign or otherwise transfer rights and/or obligations under this Agreement.

11.       Governing Law and Jurisdiction

11.1.   This Agreement is construed and shall be governed by the laws of the United Kingdom. Any disputes arising out or in relation to this Agreement shall be resolved by regular courts in the United Kingdom.

IDscan Mobile App T&Cs / 25 September 2014