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 either "Garlik Members" if they signed up for the DataPatrol product, or "Kids at Risk Members" if they signed up for the Kids at Risk service.

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. Our Site is operated by Garlik Limited ("we," "us," or "our"). 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 DataPatrol 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.

When registering for the free Kids at Risk service you will be taken through an initial registration process, following which you will be able to access advice and content, and receive updates. The terms and conditions outlined in this document apply to Kids at Risk Members, with the exception of paragraph 6 (as Kids at Risk is a free service), and those terms and conditions that deal with features and provisions that are only relevant to the DataPatrol services.

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 support@garlik.com for this purpose.

5. Your Order

DataPatrol requires a monthly payment, described below. However, all new members and members of our original free-trial product who upgrade to DataPatrol will receive their first month of membership free of charge. Kids at Risk is a free service.

If you have registered for DataPatrol, you will receive an e-mail 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 DataPatrol service.

6. Our Services and Payments

"DataPatrol" 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 personalised information breakdowns.

We upgraded to a new version of DataPatrol 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 DataPatrol 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.

New Members: DataPatrol is available for a fee of L2.99 per month. From 28th February 2008, individuals registering for DataPatrol for the first time and individuals who have upgraded from our original free-trial product to our current version of DataPatrol ("New Members") will receive their first month of membership free of charge. Your first payment of L2.99 will therefore be made one month from the date when you register with us. Payment will be required at the beginning of each month following your first payment. Failure to pay for a new month of 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 DataPatrol service as a normal paying customer.

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

Existing Paying Members of DataPatrol: We have automatically upgraded existing paying members of DataPatrol ("Existing Members") to our current version of DataPatrol. In addition to weekly patrols for personal data, quarterly local area reports and on-demand expert advice, Existing Members will continue to receive quarterly credit reports at no additional charge. DataPatrol obtains your credit report from Checkmyfile which you can view online while you are a registered Garlik member. Each credit report will be accessible for a period of 12 months. After this period, your credit report will expire and you will not be able to access it.

As an Existing Member, you will have been furnished with an access code to view your credit report online. If you do not enter your access code until three months following the date you registered, then you will forfeit your entitlement to a credit report/s from a previous quarter/s. Quarters will be calculated from the date you registered.

If Checkmyfile is unable to produce your credit report, Garlik will not be under any obligation to provide you with a credit report. In this circumstance we will refund your subscription payment.

Original Free-Trial Members: non-paying Members of our free trial product ("Original Members") are able to benefit from free weekly patrols for personal data, a free local area report and one free credit report. Original Members will soon be upgraded to the current version of DataPatrol but with restricted functionality. Original Members will still have access to their credit report for a period of 12 months, after which time the report will expire. Additional updates, patrols, local area reports and expert advice will not be available to Original Members. These additional services can be obtained by subscribing as a New Member of DataPatrol.

7. Third parties

Garlik partners with other online services to give you the combined results of those services. For example, we partner with Checkmyfile to provide Existing Members with quarterly credit reports. 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.

If you are an Existing Member, you can view your quarterly credit reports by logging into Our Site and clicking in your credit profile section. By clicking on this link you will be taken to Checkmyfile's website, which is governed by Checkmyfile's own terms and conditions. Checkmyfile's terms and conditions can be viewed at the end of these terms and conditions.

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 support@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 support@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 DataPatrol to the current version of DataPatrol, cancellation of your DataPatrol 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 DataPatrol 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 DataPatrol 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 DataPatrol 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 DataPatrol 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 DataPatrol 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 Limited at 2 Sheen Road, Richmond, TW9 1AE or by email at support@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 e-mail, 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 DataPatrol 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.

23. Crown Copyright

Property cost data that appears in your online profile is Crown copyright material and is reproduced with the permission of HM Land Registry. The material was last updated 29 October 2006 and covers the period from April 2000 to 29 October 2006. You must not copy, distribute, sell or publish any of this Crown copyright material. HM Land Registry grants you permission to access this Crown copyright material and download the material onto electronic, magnetic, optical or similar storage media provided that such activities are for private research, study or in-house use only. Any other use of the material requires the formal written permission of Land Registry which can be requested from Land Registry at Lincoln's Inn Fields, London, WC2A 3PH.

Birth, Marriages, Deaths data (published by the permission of the Controller of HMSO and the Office for National Statistics) and Companies House data that may appear in your online profile is also Crown copyright material and similar restrictions to those mentioned above apply.

Census output is Crown copyright and reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. Source: 2001 Census Area Statistics.

1. Credit Reporting Agency Limited ("Checkmyfile") Terms and Conditions

The website that provides credit file information is powered by Checkmyfile, a trading name of Credit Reporting Agency Limited, of 13 High Cross Truro Cornwall TR1 2AJ ( "we" "us" or "our" )). Use of this website is subject to your agreement to be bound by English law and to these terms and conditions. Your statutory rights are not affected.
Credit file searches leave a search footprint both in our records and at the credit reference agency we search. These are for your protection so that you may see who has been searching your credit file.
You agree to appoint Credit Reporting Agency Limited as your attorney for the specific purposes of the exercising of your statutory rights to obtain details of information held about you at a credit reference agency.
We purchase information which is compiled within your credit file from other companies ('our suppliers'). We, together with our suppliers, agents and employees, take no responsibility for the contents of a credit file, it completeness or its usefulness. Our suppliers and we will take care to exercise reasonable skill in providing accurate information to you. The information supplied to you is provided to our suppliers and us from other companies whose accuracy we do not control or influence. We do not limit nor exclude any liability we may have to you for death or personal injury caused by negligence. In any other instance you agree that our liability to you is limited to the amount of purchases made on your behalf by Garlik Limited over the past year.
You agree that you will not hold us, our employees, or any of our suppliers liable for any direct or indirect damages, costs, losses or expenses of any nature resulting from the use or misuse of the information delivered by us. You agree not to hold our suppliers liable for any delay in delivery or if we fail to supply you or if we omit any information for any reason. You agree to indemnify and keep indemnified us, our employees and agents and our suppliers against any claim or action made against them for any losses damages costs or other expenses in connection with improper use of our services.
You agree that you will not use any of the information we provide to you including credit scores as the sole basis for any decision you may make nor use the information provided in any way that might be detrimental to us or to our suppliers.
We take substantial steps to protect the privacy of an individual when providing information over the Internet. You acknowledge and understand that there is always a remote possibility that criminal actions may result in unauthorised access to credit files. We take no responsibility if confidential information is unlawfully intercepted, hacked or stolen and subsequently disclosed. You agree that you will not disclose your password and user name to any one at any time. You agree that you will not distribute or make available any information supplied by us to any third party. If you become aware of any unauthorised use of our services, you agree to inform us immediately at Credit Reporting Agency Limited, 13 High Cross Truro Cornwall TR1 2AJ in order that steps may be taken to protect confidential information.
We have installed security devices and follow procedures that are designed to prevent unlawful access to information. From time to time we may have to temporarily suspend access to our services to enable us to protect this information. You agree that we may terminate supply of information to you at any time and without notice and for any reason that we will not disclose or discuss.
We depend upon our suppliers to provide information to us on demand. This means that when any of these are unable to provide information to us, we are not able to continue to provide an immediate service to you. We will always use our best efforts to supply information but we can give no assurance on the continuing availability of any or all of our services.
We continually try to improve the services we offer and may change the contents of credit files, this web site, the suppliers of information and any other aspect of our products and services without notice.
For your convenience, we may provide links to other sites on our website. We have no control over the content of the linked web sites and assume no liability or responsibility for their accuracy, completeness or otherwise.
We give general advice on matters relating to credit information matters and in particular on how to fix errors found on credit files. We can give no warranty that our advice is correct in every detail and that all errors will be successfully removed, as we may not know all the facts and amendments to information databases are always at the discretion of the ultimate owner, and not us.
We provide credit scores with credit files. The method of calculation of credit scores is a commercial secret and is not disclosed. We make no warranty and take no responsibility for the accuracy, relevance or otherwise of credit scores.
In the event of any dispute between us regarding the interpretation of these terms and conditions or the rights and obligations of either of us, as an alternative to any right you may have to take legal proceedings in England, you may choose to submit the dispute either to the arbitration of two parties (one selected by you and one selected by us) or to a mutually agreed umpire in accordance with the Arbitration Act 1996 or any subsequent amendment to that law.
You agree without reservation that we may provide information about your use of our services to the Office of the Information Commissioner, the Office of Fair Trading, the Police and to our suppliers. We may also be required to reveal information about you or credit files under compulsion of law, Court Order or by agreement of you and us. You also agree without reservation that we may provide to Garlik Limited access to records of any telephone calls or email conversations made between you and Credit Reporting Agency Limited.