Last updated 12-01-2022
TERMS OF USE (“Terms”)
VERIFIED ENTRY OR V-ENTRY APPLICATION END USER AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING OR USING THE APPLICATION YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE OR BUY THE APPLICATION.
1. Who we are and what this agreement does
We are V Site Pass Limited a company registered in England and Wales. Our company registration number is 11792137 and our registered office is at Eastham Hall 109 Eastham Village Road Eastham, Wirral, United Kingdom, CH62 0AF. Our registered VAT number is 329051220. We are referred to as “VERIFIED ENTRY”, “us”, “we” and “our” in these terms.
We license you to use:
- VERIFIED ENTRY mobile application software, the data supplied with the software, (VE) and any updates or supplements to it; and the service you connect to via the Applications and the content we provide to you through them (Service).
2. How to contact us
2.1 Who we are
We are V Site Pass Limited a company registered in England and Wales. Our company registration number is 11792137 and our registered office is at Eastham Hall 109 Eastham Village Road Eastham, Wirral, United Kingdom, CH62 0AF. Our registered VAT number is 329051220.
2.2 How to contact us
You can contact us in writing at info@v-entry.com
2.3 How we may contact you
If we have to contact you we will do so via in-Application messaging, by telephone or by writing to you at the email address or postal address you provide to us as part of the verification process.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
2.5 About the App:
- The App is a secure entry and tracking solution to be used by employers, hosts of events, restaurants, bars and other premises. (Hosts) and individual attendees at those events and premises (Attendees).
- The App has been designed so that Hosts can verify the identity and public health status of Attendees.
- The App will enable you to verify your identity with the Host when gaining entry to an event or premises.
- When you use the App, you are entering into an agreement with us and you agree to all of the terms and conditions herein. You also agree to our privacy policy which covers how we collect, use share and store your personal information.
- These terms tell you the rules for using the Application and in receiving any of our Services.
- You must agree to our terms before you purchase any of our Services, once you have started the verification process no refunds will be given.
3. Our contract with you
3.1 How we will accept your order
Once your order is accepted, your order will take place and your unique VE Number will be displayed. At this point a contract will come into existence between you and us.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or services, because we are unable to meet a delivery deadline you have specified or because you are on active ban list preventing you from attending any events.
3.3 Your Verified Entry Number
We will automatically assign a unique Verified Entry number (VE Number) to your order which will be provided to you on acceptance of your order and tell you what it is when we accept your order. It will help us if you can tell us VE Number whenever you contact us about your account.
4. Your privacy
We only use any personal data we collect through your use of the Applications and the Services in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, as set out below.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
5. Additional terms
5.1 In addition our acceptable use policy , sets out the permitted users and prohibited use of our Applications. You must comply with this acceptable use policy.
6. Our rights to make changes
6.1 We may make changes to these Terms
We may amend these Terms from time to time. Every time you wish to use our site, Applications or our Services, please check these Terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 05/01/2022.
6.2 We may make changes to our site or Applications and services
We may update and change our site, the Applications or change the nature of the services from time to time to:
- reflect changes to our products;
- reflect our users’ needs;
- reflect Hosts’ needs;
- reflect changes in relevant laws and regulatory requirements;
- implement minor technical adjustments and improvements, for example to address a security threat; and
- our business priorities.
We may ask you to update the Applications for these reasons. 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 Applications and the Services.
7. Your obligations
7.1 Your warranties
By starting the verification process with us you warrant and represent that:
- You are eligible to enter into this agreement;
- You are at least the “minimum age” to use the Applications and the Services. “Minimum age” means 13 years old for use in the United Kingdom. However, if the law requires you must be older in order to use the Applications and/or our Services including the collection, storage and use of your personal information then the minimum age is as required.
- You will only have one Verified Entry account.
- You are not already restricted by Verified Group from using our Applications and/or Services.
- Your Verified Entry account belongs to you.
- You also confirm that any documents you upload to our system belong to you and you have ownership of said documents.
7.2 Your obligations:
7.2.1 Each individual user is responsible for their own passwords and Application access. You agree that you will not share your account with anyone else.
7.2.2 You shall:
- comply with these Terms;
- comply with all applicable laws and regulations with respect to your activities under this agreement including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and regulatory requirements.;
- Use the Applications and our Services in a lawful manner;
- complete your application within 7 days of starting the verification process
- carry out all your responsibilities set out in these Terms in a timely and efficient manner;
- comply with the Acceptable Use Policy
- Provide accurate information to us and keep it updated.
- Apply for more than one account.
- Use an image that is not your likeness or a head-shot photo for your profile.
- Try to create a false identity on Verified Entry.
- Use or attempt to use another’s account.
- Harass, abuse, or harm another person.
- Send spam or other unwelcomed communications to others.
- Act in an unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable manner.
- Disclose information that you do not have the right to disclose.
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights.
- Post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
- Copy or use the information, content or data on Verified Entry in connection with a competitive service (as determined by Verified Group).
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof.
- Imply or state that you are affiliated with or endorsed by Verified Entry without our express consent.
- Remove any copyright, trademark or other proprietary rights notices contained in the App and/or on our Service.
- Use manual or automated software, devices, scripts robots, other means, or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information.
- Use bots or other automated methods to access the Services, add or download contacts, send, or redirect messages.
- Monitor the Services’ availability, performance, or functionality for any competitive purpose.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
- Access the Services except through the interfaces expressly provided by Verified Entry as such Match Fit Pass, V Site Pass, or SQR.
- Override any security feature of the Services.
7.2.4 Passwords
You agree to:
- choose a strong and secure password
- Keep your password secure and confidential.
7.2.5 You are solely responsible for anything that you upload to your account.
8. Term and termination
8.1 Unless this agreement is terminated earlier in accordance with clause 8, your membership will commence from the date of payment (Commencement Date) for a minimum term of 12 months (the Term).
8.2 Your membership will auto renew 7 days prior to the expiry of the Term (Term Expiry Date) for an additional period equivalent to the original Term to allow continued use of verified documents and any re verification as required, using the same payment method last used on your account. If the payment (or the payment method) is rejected then your membership will automatically expire.
9. Termination
9.1 Termination by us
Without prejudice to any rights that we have accrued under the agreement or any of its respective remedies, obligations or liabilities we may terminate this agreement with immediate effect by giving you notice in writing if:
- You fail to pay any amount due under the agreement on the due date for payment;
- You commit a material breach of any term of the agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified to do so;
9.2 Termination by you
You may terminate the agreement at any time with notice to us.
9.3 Consequences of termination
9.3.1 Expiry or termination of the agreement for any reason shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at expiry or termination.
9.3.2 On termination of the agreement:
8.3.2.1 your rights to use the Applications shall immediately cease; and
8.3.2.2 we shall immediately cease provision of the Services.
9.3.3 any Services paid for but not yet delivered shall not be supplied and any pre-payment will not be refunded to you.
9.3.4 If a party is required by any law, regulation, or government or regulatory body (Regulatory Requirement) to retain any documents or materials which it would otherwise be obliged to return or destroy, it shall notify the other party in writing of such retention, giving details of the documents or materials that it must retain.
9.3.5 Any provision of the agreement which expressly or by implication is intended to come into or continue in force on or after expiry or termination of the Contract shall remain in full force and effect. This includes, but is not limited to:
- Our rights to use and disclose feedback.
- Shared documents that have already been issued cannot be withdrawn and the information contained in them will remain visible to the recipient until the permissions lapse.
10. Price and Payment:
10.1 Before you start the verification process you must make payment for the package you require in full. The fee will be confirmed to you on VE before purchase. We do not guarantee refunds.
10.2 All amounts and fees stated or referred to in the agreement are inclusive of value added tax.
10.3 We recommend you have all the documents you wish to have verified ready when you make payment.
10.4 You will receive one annual identification verification (Initial Verification). ID verification must be renewed on an annual basis.
11. Notices and messages:
11.1 Notices
Occasionally we (or the Hosts) may need to notify you of important information , this will primarily be done via in-Messaging , email or through the website.
11.2 Messages and sharing
When you choose to verify or share your documents with us your information will be sent fully encrypted.
11.3 You will receive via the Applications messages relating to your attendance at Events and bookings made via OutOut– these will address security at the Host venue and give you directions/instructions during your attendance at an Event or at a Host’s premises. You cannot opt-out of these.
11.4 You will occasionally receive third party marketing messages via the Applications. You can opt out of these in accordance with our Privacy Policy.
12. Intellectual Property Rights
12.1 All intellectual property rights in the Applications, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Applications and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Applications, the Documentation or the Services other than the right to use them in accordance with these terms.
12.2 You shall own and retain all rights, title and interest in and to all the content and personal information you provide to us (Your Data). We shall have no rights to access, use or modify Your Data unless otherwise provided in these Terms, or, with your prior written consent following completion of a further verification test (for which you will be charged.
12.3 We shall own and retain all rights, title and interest in and to all deliverables and all other reports, documents, materials, techniques, ideas, concepts, trademarks, know-how, algorithms, software, computer code, routines or subroutines, specifications, plans, notes, drawings, designs, pictures, images, text, audio-visual works, inventions, data, information and other items, expressions, works of authorship or work product of any kind that are: a) authored, produced, created, conceived, collected, developed, discovered or made by us in connection with the Services or which relate in any manner to the Services or which result from any work performed by us for you, including any and all Intellectual Property Rights therein (collectively, Work Product); and b) provided by any supplier (other than us), consultant, contractor, advisor or any other third party engaged by you in relation to the Services.
12.4 You shall execute all documents and take all actions necessary or reasonably requested by us to document, obtain, maintain, perfect or assign its rights to the Work Product, when required by us. You shall also cause your employees, agents and sub-contractors to execute such documents and take such actions as described in this clause 12.5. You shall not challenge (and shall procure that its employees, agents and sub-contractors shall not challenge) the validity of our rights in the Work Product. All such Work Product shall be deemed to be our confidential, proprietary and trade secret information.
12.5 You waive any and all moral rights (including any rights of attribution) in and to the Work Product. To the extent that any Intellectual Property Rights in the Work Product do not automatically vest in us, you (by way of present assignment of future rights where appropriate) assigns absolutely and irrevocably (and shall procure that any relevant employee, agent or sub-contractor assigns absolutely and irrevocably) to us with full title guarantee all rights, title and interest that you (and any of your employees, agents or sub-contractors) may have or may in future acquire in all Work Product, including all Intellectual Property Rights in any Work Product, for the full term of such rights throughout the world.
12.6 We hereby grant to you during the Term a revocable, non-sub-licensable, non-exclusive, worldwide license to use all of our Intellectual Property Rights as incorporated by us into the Work Product solely in connection with your use of the Work Product in accordance with these Terms.
12.7 You hereby grant to us a perpetual irrevocable, transferrable, non-exclusive, royalty-free, worldwide limited licence for the term of the agreement to use, exploit, copy, modify, sub-license, improve, enhance and make derivative works of your Intellectual Property Rights solely to the extent necessary to comply with its obligations under the agreement.
12.8 You shall indemnify and hold us harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or incurred by us as a consequence of any claim or allegation that the use or possession by us of your Intellectual Property Rights or Your Data infringes any rights (including Intellectual Property Rights) of a third party.
12.9 Your Data
You agree to only supply information and content that you own and have the right to share.
You can select what you share and who to, you can select individual documents, contact information, personal information or all documents on the Applications . Everything you share will be sent fully encrypted.
You agree that we may access, store, and use any information that you provide in accordance with the terms of the privacy policy and your privacy settings.
By submitting suggestions or other feedback regarding our services to Verified Group you agree that Verified Group can use and share such feedback for any purpose without compensation to you.
You agree to us contacting by email, telephone or letter every document issuer that you upload to the Verified Entry platform for verification purposes.
13. Withdrawal and suspension of Service
13.1 At any time, we may alter or discontinue any of our Services, we do not promise to store or keep displaying any information or content you have uploaded.
13.2 We may change, suspend, or end any service, or change and modify prices at our discretion. These changes will be effective upon notice provided to you.
14. Third Party Content:
We may from time to time advertise or display third party apps on our site or Applications for your information only. You are solely responsible for deciding if you want to access or use third party apps or websites, these will contain their own legal terms and policy’s and have no connection to Verified Entry. Verified Entry is not responsible for these sites and you use these at your own risk. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
15. Restrictions on use
15.1 We have the right to limit how you connect and interact on our site and Applications. We reserve the right to limit your use of Services. We reserve the right to restrict, suspend, or terminate your account, if we believe that you may be in breach of these Terms, the law or are misusing our Services.
16. Location services:
The Applications allow Hosts and Attendees to verify identity information during attendance at an Event or at a Host’s premises. The Applications will record your movements on site (using your VE Number only) including (but not limited to) duration, arrival time and leaving time. Some sites might want to use this information as part of their emergency evacuation procedures, by accepting these Terms you give consent for us (and the Host) to use this information.
17. Disclaimers
We (and those that we work with to provide the Services):
- disclaim all implied warranties and representations e.g. warranties of merchantability, fitness for purpose, accuracy of data and noninfringement;
- do not warrant or guarantee that the Applications or Services will function without interruption or errors; and
- provide the Applications and Services (including content and information) on an “as is” and “as available” basis.
18. Exclusions and limitations of liability:
18.1 The restrictions on liability in this clause 18 apply to every liability arising under or in connection with agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
18.2 Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
18.3 The following types of loss are wholly excluded by us:
18.3.1 loss of profits;
18.3.2 loss of revenue;
18.3.3 loss of sales or business;
18.3.4 loss of agreements or contracts;
18.3.5 loss of anticipated savings;
18.3.6 loss of use or corruption of software, data or information;
18.3.7 loss of or damage to goodwill; and
18.3.8 any indirect or consequential loss.
18.4 Subject to clause 18.2 our total liability (and those that we work with to provide the Services) in respect of all breaches of duty occurring within any year of the Term shall not exceed 100% of the total charges paid in the year in which the breaches occurred.
18.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 2 weeks from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
18.6 You agree to take all reasonable and prompt steps to mitigate the effects and to minimise any damage arising as a result of our breach under or in connection with this agreement.
19. Connectivity:
In order to use the Applications, you must have access to the internet, for all of the services to work correctly, failure to do this could limit the services of the Applications. We accept no responsibility for lost connection to our servers.
20. General
20.1 Force Majeure
Neither party shall be in breach of the agreement nor liable for delay in performing, or failure to perform, any of its obligations under the agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
20.2 Assignment and other dealings
20.2.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement.
20.2.2 You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under the agreement without our prior written consent.
20.3 Confidentiality
20.3.1 Each party undertakes that it shall not at any time during the agreement, and for a period of five years after termination of the agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 20.3.2.
20.3.2 Each party may disclose the other party’s confidential information: (i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the agreement.
20.4 Entire agreement
20.4.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
20.4.2 Each party acknowledges that in entering into the agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms. Nothing in this clause shall limit or exclude any liability for fraud.
20.5 Variation
Except as set out in these Terms, no variation of the agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
20.6 Waiver
A waiver of any right or remedy under the agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
20.7 Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
20.8 Notices
20.8.1 Any notice or other communication given to a party under or in connection with the agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email.
20.8.2 Any notice or communication shall be deemed to have been received: (i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting ;and (iii) if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause14, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
20.9 Third party rights
Unless it expressly states otherwise, the agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement.
20.10 Governing law
The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.
20.11 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.