Terms & conditions

Garlik's Terms and Conditions of Service

1. Welcome

Welcome to Garlik! As you would expect, Garlik has a set of rules defining the service that we provide and the use of our website http://www.garlik.com ("Our Site") by guests or registered members. This document (together with the documents referred to in it) tells you the terms and conditions on which we supply any services listed on Our Site to you. You agree that by becoming a registered member and subscribing to our services you will be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions in their entirety please do not become a registered member, and do not subscribe to services from us. Only residents of the UK can subscribe for our services and become registered members of Garlik. All persons who registered with Garlik by signing up for DataPatrol before 23 July 2007, (our original free-trial version of the DataPatrol product) will continue to be bound by Garlik's previous terms and conditions, which are available here. All persons who have registered with Garlik after 23 July 2007 are bound by this set of terms and conditions, and become "Garlik Members" if they signed up for the DataPatrol product.

Please read the following terms and conditions carefully -- by clicking "accept," you agree to be bound by all of the terms and conditions set out below.

2. About us

Garlik provides an online service dedicated to helping individuals and their families take more power in the use of their personal information. This Site is operated by Garlik Limited. We are registered in England and Wales under company number 05357233 and have our registered office at Thames House, Portsmouth Road, Esher, Surrey, KT10 9AD. Our VAT number is 849051711.

3. Privacy Policy

Because protecting your privacy is very important to us, we would like you to have a clear understanding of how your personal data will be used.

To view our Privacy Policy click here.

4. Registration

During any Garlik registration process you will be taken through a series of steps where we will ask you to provide us with information about yourself. Please ensure that the information you enter is accurate.

When registering for Garlik Angel you will be taken through 2 initial registration steps. Before completing Step 2 you will be able to review the information that you have entered at Steps 1 and 2. If you need to amend any of your registration details you can do so by using the 'edit' button for the specific data item you'd like to change. By clicking the 'pay now' button at Step 2 you confirm that your details are correct; after this stage you will not be able to change these registration details.

By registering with us, you agree that Garlik may provide you with marketing materials (whether by e-mail or any other medium) that we consider appropriate. You may opt-out of receiving these materials by writing to or e-mailing us to inform us that you wish to be removed from our marketing distribution list. You may contact us at supportusa@garlik.com for this purpose.

5. Your order

If you have registered for Garlik Angel, you will receive an email from us acknowledging that we have received your details and asking you to verify your email address by clicking on the link provided in the e-mail. Once you have confirmed your e-mail address, we will confirm the home address that you provided by sending a letter to that home address.

You agree to be bound by these terms and conditions when we send you a Service Confirmation and these terms and conditions will become the basis of our agreement for the provision of the Garlik Angel service.

6. Our services and payments

"Garlik Angel" is a monitoring service that finds, tracks and monitors your personal information online on a weekly basis. DataPatrol uses advanced search tools and makes use of personalized information breakdowns.

We upgraded to a new version of Garlik Angel on 28th February 2008. Please refer below for information about the services available to our Members and the terms upon which we provide such services.

Your subscription to the Garlik Angel service will start on the date that you register with us and will continue until it is cancelled in accordance with either paragraph 10 or 11 below.

Failure to pay for the service, either through changed payment details, withholding funds or any other circumstance, will result in your account being suspended until sufficient payment has been made.

Please note that there is a limit of one free trial per person. You will not be able to sign up for free trial membership more than once. If you sign up for free trial membership more than once, you will immediately be charged for utilizing the Garlik Angel service as a normal paying customer.

Once you have received a Service Confirmation, we will supply our Garlik Angel service. Service benefits for New Members include weekly online patrols for personal data and on-demand expert advice about protection against identity theft.

Existing paying members of Garlik Angel: We have automatically upgraded existing paying members of Garlik Angel ("Existing Members") to our current version of Garlik Angel, in addition to weekly patrols for personal data.

7. Third parties

Garlik partners with other online services to give you the combined results of those services. Garlik may change its online service partners from time to time and disclose data that you have sent us to these partners in order to provide our services. However, whenever we make such changes to our partners, we will inform you when you log in to the relevant section on Our Site.

8. Third party websites and links

We may provide links on Our Site to the websites of other companies, whether affiliated with us or not. You will be told that you are leaving Our Site when linking to a third party site. We cannot give any undertaking that products or services you purchase from third parties, or from companies to whose websites we have provided a link on Our Site, will be of satisfactory quality and/or fit for any specified purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party.

9. Third party providers of DataPatrol

Garlik may partner with other third party online service providers who wish to offer DataPatrol as part of their services.

10. Registration and Security

As part of the registration process you will select a user name (which will be an email address that you register with us) and password. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of Garlik. If you forget your password we may ask you to answer your secret question that we asked you during the Garlik registration process. You are entitled to change your user name (to a different email address) and password at any time. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify supportusa@garlik.com immediately of any unauthorized use of your account or any other breach of security. Garlik will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

11. Cancellation by you and refunds

By agreeing to these terms and conditions, you hereby consent to Garlik commencing work to provide its DataPatrol service to you as soon as it deems appropriate, which may be before the end of the cancellation period provided for by The Consumer Protection (Distance Selling) Regulations 2000, as amended by The Consumer Protection (Distance Selling) (Amendment) Regulations 2005, (collectively, the 'Regulations') (the cancellation period under the Regulations is normally up to seven working days from the day after the contract was concluded, although this can be extended in some circumstances). In agreeing to this term, your right to cancel this service and claim a refund as per the Regulations expires as soon as Garlik commences the aforementioned work.

Notwithstanding the above, you may cancel your subscription or membership with Garlik at any time, although as detailed above, this will not entitle you to any refund. Once we have confirmed that your account has been cancelled you will no longer be able to access your account, including at any time remaining for that month.

To cancel your subscription or membership, you must write to us at supportusa@garlik.com. Please send your request using the email account that you have registered with Garlik in your name. You will receive a response to requests sent to us within two business days following receipt.

Please note that, for Original Members who upgrade from the trial version of Garlik Angel to the current version of Garlik Angel, cancellation of your Garlik Angel subscription will not mean that you revert back to the trial version of the product, as this will no longer be available. Cancellation will therefore mean that no version of Garlik Angel is available to you.

Once you have cancelled your subscription or membership with Garlik we may retain certain data attributed to you where necessary to prevent fraud or future abuse, or to comply with relevant national laws and/or regulations. All retained data will continue to be subject to the terms of the Garlik Privacy Policy.

12. Cancellation by Garlik

We reserve the right to terminate your membership and stop providing you with any Garlik service at any time at our complete discretion. Wherever reasonably practicable we will provide you with the full amount of account/product access still due to you under your subscription terms. Alternatively, Garlik may, in its sole discretion, decide to provide you with compensation for the cancellation of your subscription/membership. Please note however, that you have no express right to such compensation.

13. Limitation of liability

The Garlik Angel service we provide to you is provided on an "as is" and "as available" basis without warranties of any kind. Garlik checks a large, but limited, number of databases and websites and does not warrant that it will be able to find all and any available personal information that may exist about you. Garlik will, however, use reasonable care and skill when providing the Garlik Angel service, but gives no warranty as to the accuracy or completeness of any of the personal information that is made available to you as part of the Garlik Angel service.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of goodwill, loss of anticipated savings, loss of data, loss of production, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Our liability to you for any loss or damage of whatever nature whether in contract, tort or otherwise is limited to the amount you pay, if anything, for the Garlik Angel service.

This does not include or limit in any way our liability:

  • For death or personal injury caused by our negligence;
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14. 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.

15. Notices

All notices given by you to us, including any complaints that you might have about Garlik, must be given to Garlik Inc, Suite 828 Guilford Building, 301 South Elm Street
Greensboro NC 27401 USA, or by email at supportusa@garlik.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the above paragraph. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of rights and obligations

These terms and conditions are binding on you and us and on our respective successors and assigns.

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

We may transfer, assign, charge, sub-contract or otherwise dispose of our obligations under these terms and conditions, or any of our rights or obligations arising under them, at any time during the term of your subscription with Garlik.

17. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that are caused by events outside our reasonable control (Force Majeure Event).

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: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance of our obligations under these terms and conditions 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 subscription for services may be performed despite the Force Majeure Event.

18. Waiver

If we fail, at any time during the term of your subscription, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

19. Severability

If any of these terms and conditions or any provisions of these terms and conditions 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.

20. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the provision of the Garlik Angel service and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any subscription (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

21. Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order a service 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 could apply to orders previously placed by you); or
  • we notify you of the change to those policies or these terms and conditions before we send you a 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 Service Confirmation); or
  • we notify you that there will be a material change in the terms and conditions, and you fail to notify us of your objection to this change within 30 days of us so notifying you.

22. Law and jurisdiction

These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.