(a) This page (together with our Privacy
Policy and Cookies Policy) tells
you information about us and the legal terms and conditions (the “Terms”)
on which we supply the services listed on our website (“our site”) to you.
(b) These Terms will apply to any contract between us for the supply of services
via our site (the “Contract”). Please read these Terms carefully. The Terms
shall be deemed to be incorporated into all contracts between us for the supply
of services to you and to override any terms and conditions which are inconsistent
with them, unless expressly agreed to in writing by us. You acknowledge that by
entering into this Contract you do not rely on any statement, representation, assurance
have no remedy in respect of any such statement, representation, assurance or warranty
made to you on which you relied in entering into this Contract.
(c) We may amend these Terms from time to time as set out in Clause 13. These Terms
are only available in the English Language.
SECTION A – GENERAL TERMS AND CONDITIONS
2. ABOUT US
We operate the website portal.kyckr.com. We are Kyckr, a company registered
in Ireland under company number 436024 and with our registered address at Arc Labs
Research Centre, WIT West Campus, Carriganore, Waterford.
3. USE OF OUR SITE
(a) By accepting the Terms we will grant you access to the portal, an online and
gateway service (the “Portal”). Please note that before placing an order or accessing
the Portal you will be asked to agree to these Terms. If you refuse to accept these
Terms, we will not be able to access the Portal and we will not be able to supply
the services to you. The use of our site is also subject to acceptable usage, which
is more specifically described at Clause 18. For connection to certain databases
within the Portal, special terms may apply. These terms will be provided to you.
(b) We are a distributor of information and access to our services is provided via
the Internet. The Portal does not include the availability and use of a network
or other connection required to access the Portal. Nor does this right to use the
Portal include the equipment or software necessary for use of the Portal. You are
responsible for setting up and maintaining the communication to the Portal unless
4. ACCESS TO PORTAL
(a) Portal access will be via a secure user-ID and password, which will be received
by you when you are accepted as a customer by us. You agree not to reveal, provide
access to, or in any other way divulge the user-ID or password to unauthorized persons.
You will immediately contact us to change the user-ID and password if it becomes
known to unauthorized persons. You are liable for all loss or damage suffered if
the user-ID and password become known to unauthorized persons. This liability applies
until such time as you have informed us and frozen the user-ID and password. The
customer can request a freeze on the user-ID and password by contacting the Company
(b) You are responsible for preventing unauthorized persons from using your equipment
or systems to access the Portal. You are also responsible for storing documentation
and instructions, which may have been provided by us in a secure place where they
will not fall into the hands of unauthorized persons. You are responsible for preventing
any loss of this information.
(c) If you fail to comply with these Terms it may lead to your use of the Portal
being disabled. We also reserve the right to cease providing the Portal in whole
or in part if your use of the Portal has caused loss or damage to us. We may be
entitled to claim damages from you. However, we will not be liable to pay any compensation
should your use of the Portal be cancelled per these Terms or otherwise.
5. OUR SERVICES
We will grant you a non-exclusive, non-transferrable right to access our services
via the Portal solely for your own internal business operations. The services and
information supplied, which may be sourced from third parties, to you as part of
the services (the “Information”) are subject to these Terms. We will perform the
services with skill, care, diligence and professional conduct.
6. YOUR OBLIGATIONS
(a) You will:
- Provide such information to us as we may reasonably request and which we consider
reasonably necessary for the purpose of providing the services;
- Not copy, modify, harvest or create derivative works of any Information provided
by us to you for on sale for payment or any other benefits or for any other reason
either to any affiliate or a third party;
- Carry out any checks to ensure that our services meet your requirements ;
- Use the Information solely for the purpose of your own internal business use and
in accordance with these Terms;
- Not store, save or otherwise retain the Information on your databases, systems or
otherwise for a period longer than necessary to use the Information for its specific
- Not alter, delete, replace, amend, change, deface, obscure, remove, conceal or interfere
with the face and contents of the Information, our Intellectual Property and any
other marking on the Information. For the avoidance of doubt, use of the Information
for the purpose of compiling internal know-your client reports or databases shall
not constitute an alteration of information;
- Not resell or in any way redistribute or provide to a third party the Information
supplied to you;
- Immediately inform us upon becoming aware of a third party engaging in a harvest,
or the copying, modifying, or creating derivative works of any Information and to
provide any assistance required by us to identify any such third party and to protect
or vindicate our Intellectual Property rights or our other rights or any of our
affiliates or partners or any other third party nominated by us; and
- Not use the Information in violation of any applicable laws or these Terms.
(b) If our performance of any of our obligations under the Contract is prevented
or delayed by any act or omission by you or failure by you to perform any relevant
obligation, we shall be entitled to relieve ourselves from the performance of any
of our obligations under the Contract to the extent that failure is, in our opinion,
attributable to your delay, acts of omissions. We will not be liable for any costs
or losses sustained or incurred by you from our failure or delay in performing any
of our obligations in the circumstances as set out in this clause.
(c) The services will only be provided on the basis you give us all proper, necessary,
accurate and timely instructions, authority and information (including the execution
of all documents required) to enable us to undertake lawfully and effectively the
business instructed, and you indemnify us accordingly.
(d) Whilst we are prepared to accept instructions given by you orally over the telephone,
such instructions shall be given at your risk and any misunderstanding or misinterpretation
of such instructions shall be at your risk.
Orders and instructions are only accepted on the basis that those instructing us
do so as principals and are liable directly to us for payment of our account.
(a) We or any third party, with whom we collaborate with to source the Information
or the delivery of the services, takes no responsibility for the Information or
for any fault, defects or delay in connection with the services.
(b) We will not be liable to you for any error, inaccuracy or incompleteness in
Information supplied to you by us or a third party.
(c) In the event that we are unable to access Information from a third party, necessary
to deliver the services, we will not be liable to you for any interruption in the
services and we provide no warranty that your use of the services will be uninterrupted
or error free or that the Information provided to you through the services will
meet your requirements.
(d) Except as provided in this Clause, all other conditions, warranties or other
terms which might have effect between us or be implied or incorporated into this
Contract or any collateral contract, whether by statute, common law or otherwise,
are hereby excluded, including, without limitation, the implied conditions, warranties
or other terms as to satisfactory quality, fitness for purpose or the use of reasonable
skill and care.
(e) Except as expressly stated in this Clause:
(i) We shall have no liability to one another for any losses or damages which may
be suffered by the other, whether the same are suffered directly or indirectly or
are immediate or consequential, which fall within the following categories:
A. special damage even though the party was aware of the circumstances in which
such special damage could arise; and
B. loss of profits, anticipated savings, business opportunity or goodwill.
(ii) Our total liability , whether in contract, tort, including, but not limited
to a claim arising in respect of omissions, or our failure or delay and whether
in connection with this Contract or any collateral contract or quotation, shall
in no circumstances exceed the total price paid for the services during the 12 months
immediately preceding the date on which the claim arose.
(f) The exclusions in this Clause shall apply to the fullest extent permissible
at law, but neither of us excludes liability for death or personal injury caused
by the negligence of that party, its officers, employees, contractors or agents,
for fraud, or any other liability which may not be excluded by law.
(g) For the purpose of this Clause any number of acts or omissions whether successive
or concurrent, which together result in or contribute to substantially the same
loss or damage shall be treated as one act or omission.
(h) You shall indemnify us from and against all liabilities (whether civil or criminal),
losses, actions, damages, awards, proceedings, costs, claims, demands and expenses
(including legal fees) brought or made against or incurred by us as a result, or
arising out, of your breach of this Contract including any injury or loss or damage
suffered by us following from your use of the services in a manner contrary to these
(i) We have in place professional indemnity insurance to cover European company
searches and related matters.
(a) You agree and we agree to the other to keep confidential all information (written
or oral) concerning the business and affairs of the other that it shall have obtained
or received as a result of the discussions leading up to or the entering into of
this Contract or obtained during the term of this Contract save that it is:
(i) trivial or obvious; or
(ii) already in its possession other than as a result of a breach of this clause;
(iii) in the public domain other than as a result of a breach of this clause, or
(iv) required to be disclosed by law.
(b) You agree and we agree to take all such steps as are necessary to ensure compliance
with the provisions of this Clause by our respective employees, agents and sub-contractors.
The obligations contained in this Clause shall survive the termination of this Contract.
10. THIRD PARTY CONTRACTORS
We may at any time assign, transfer, novate, charge, subcontract or deal in any
other manner with all or any of our rights under the Contract and may subcontract
or delegate in any manner any or all of our obligations under the Contract to any
third Party. We will take all reasonable care to choose third parties with good
reputations and capable of providing the Services but we accept no responsibility
however for the services the third party provides to you or for any errors or omissions
in their work product. If a mistake is made by a third party that causes you loss,
we will, on being properly secured and indemnified by you as to costs, co-operate
with you in bringing proceedings against the third party concerned.
11. SEARCHES AND REPORTS
(a) We will use all reasonable care in acquiring Information to be provided to you
however such information may be derived from a public source and as such we accept
no responsibility for the accuracy of any part of any search or report. We do not
accept responsibility for any inaccuracy, omission or other error in any public
source upon which our search or report is based or where such information has been
provided verbally either by you or any other third party.
(b) When obtaining information from a public source, or via a third party, we may
be subject to the disclaimer statements and limitation provisions on the public
source or provided by a third party. In such circumstances we will endeavour to
make you aware of such disclaimers or limitation provisions, however it may not
always be practical to do so. In any event you agree that such disclaimers and limitations
will be deemed incorporated into these Terms and apply to, and be deemed repeated
in, any contract between us. Some searches may be indicative only.
(c) We do not own the Information and we do not grant you any rights in respect
of the Information other than as set out in the Terms and the Information shall
not be considered your data.
12. FINANCIAL REPORTS
We may from time to time provide reports containing financial information. We do
not warrant any financial information and we accept no responsibility for the accuracy
of such financial information or any opinion provided by us based upon these.
13. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Every time you access our services, the
Terms in force at the time of the order will apply to the Contract between you and
us. We may also revise these Terms as they apply to your order from time to time
to reflect any changes in relevant laws and regulatory requirements.
14. THIRD PARTY RELIANCE
Our services, including search reports and Information, are provided solely for
your use and shall not be used or relied upon by any third party without our explicit
15. HOW TO PAY
(a) We accept all major credit cards and operate on the basis of pre-payment by
credit card. However, there may be instances where we may agree to operate on an
(b) Where applicable, any charges for any services which are payable periodically
will be invoiced in advance for each period. All invoices must be paid in full by
you within thirty (30) days of the date of invoice.
(c) If you fail to make a payment in accordance with these Terms, you will pay the
costs we incur due to late payment including reasonable legal fees and a late payment
charge at a rate of 4% over the base rate of the European Central Bank, on amounts
outstanding until the date of actual receipt by us.
(d) All payments shall be made without set off or counterclaim or any other withholding
whatsoever. If in our opinion, your financial position at any time does not justify
the commencement or continuance of delivery of the services on the Terms, we may,
in addition to all other legal and equitable remedies we may have, make a written
demand for full or partial payment in advance, suspend our performance until such
payment is made, and/or cancel your order.
(e) You will make all payments under this agreement without withholding or deduction
of, or in respect of, any Tax unless required by law. If any such withholding or
deduction is required, you will, when making the payment to which the withholding
or deduction relates, pay to us such additional amount as will ensure that we receive
the same total amount that we would have received if no such withholding or deduction
had been required.
(f) All prices are exclusive of Value Added Tax and other taxes relevant to the
(g) All prices are exclusive of expense and delivery charges
as agreed with you, which shall be charged at the prevailing rate at date of invoice.
(h) You accept that prices may be changed without prior notice. You have the right
to immediately terminate your account if, following such a change, you find the
new prices unacceptable, but you shall remain liable to pay the new price for any
(i) In the event that any work carried out for you requires more than nominal disbursements,
we may require an on account payment in respect of such disbursements and until
such sums are deposited we shall not be obliged to undertake the contract.
(a) We only use personal information in accordance with the Terms and our Privacy
which apply to you.
(b) We both acknowledge that for the purposes of the Data Protection Acts 1988 and
2003 (“DPA”), or relevant equivalent local laws, you are the data controller and
we are the data processor in respect of any personal data (as defined in the DPA).
(c) To the extent that the performance by us of our obligations under the Contract
involves the processing of personal data on your behalf we agree:
- To process the personal data only to the extent, and in such a manner, as is necessary
for the purposes specified in this Contract and in accordance with your documented
instructions unless otherwise required to do so by applicable law, and only in accordance
with the DPA or equivalent local law and shall not process the personal data for
any other purpose other than those expressly state herein;
- To promptly comply with any request from you requiring us to amend, transfer or
delete the personal data
- To implement and maintain such technical and organisational security measures as
may be required to comply with the data security obligations under the DPA or equivalent
- Not to transfer the personal data outside the European Economic Area without your
prior written consent;
- To notify you without undue delay after becoming aware of a personal data breach;
- That persons authorised to process personal data are bound by confidentiality provisions;
- To assist you in ensuring compliance with your obligations regarding security of
processing, notifications of breaches, data protection impact assessment and prior
consultations taking into account the nature of processing and the information available
to us; and
- At your choice, to delete or return any personal data to you on the expiration or
termination of this Contract and delete existing copies unless applicable law requires
storage of the data.
(d) In the event that we are required to store any personal data on your behalf,
you shall confirm the duration for which we store such data on your behalf. (e)
We both undertake to each other that in respect of both our obligations under these
conditions we both will at all times comply fully with all relevant statutory enactments
(including without limitation the DPA and all re-enactments thereof and amendments
thereto or equivalent local law) or regulations or requirements made by any governmental
authority or equivalent body of competent jurisdiction.
(f) You acknowledge that we are reliant on you for direction as to the extent to
which we are entitled to use and process the personal data. Consequently, we will
not be liable for any claim brought by a Data Subject (as defined in the DPA) arising
from any action or omission by us, to the extent that such action or omission resulted
directly from your instructions. As such you agree to indemnify and keep indemnified
and defend us at your own expense against all costs, losses, claims, damages or
expenses (“Claims”) incurred by us or for which we may become liable arising out
of or in connection with the processing of the your personal data under this Contract,
to the extent that such Claims result directly from your Instructions.
(g) Without prejudice to the generality of this Clause you further undertake to
us that you hold all necessary registrations and licences and prior to your use
of any relevant services provided by us, you will obtain all such consents as are
necessary from individuals in order to lawfully gain access to and make use of any
personal data relating thereto including without limitation such consents as are
necessary to be obtained from individuals acting in the capacity of director, partner
or sole trader of a business in respect of which we are carrying out a search on
17. WEBSITE/ PORTAL/ COOKIES
see our Cookies Policy.
(b) Our web server may collect the domain names and e-mail addresses of visitors
to the Portal or our site. This information is aggregated to measure the number
of visits, average time spent on our site, pages viewed, etc. We use this information
to measure the use of our site and to improve the content of our site.
(c) Our site contains “links” to other sites, and every effort is made to link only
to sites that share our high standards, however, we are not responsible for the
standard of any site linked to our site.
(d) Our site is provided on an “as available” basis. We give no warranty (express
or implied) for the services provided and it is acknowledged that we shall not be
liable for losses of income due to disruption of our site caused as a result of
server or provider disruption.
(e) We reserve the right to make changes to the content, operation, technical specifications,
systems, support etc. as regards the Portal or our site without any notice in advance.
In addition, we always reserves the right, to immediately effect or make any changes
occasioned by, for instance, legal requirements or the decisions of authorities.
We have no liability due to such circumstances arising. You have the right to immediately
terminate the agreement if, by such a change, our service will be modified to such
an extent that you find the service insufficient and no longer useful for your purpose.
(f) We may disclose and transfer your information to a third party who acquires
all or a substantial portion of our business, whether such acquisition is by way
of merger, consolidation or purchase of all or a substantial portion of our assets.
(g) The Portal shall be used in accordance with currently applicable instructions
issued by us from time to time. All equipment you connect to the Portal must fulfil
all requirements posed by applicable legislation and other regulations. Should any
interference in the operation of the Portal be traceable to your equipment, you
shall immediately disconnect the offending equipment.
(h) Information about the Portal’s availability will be provided by us from time
to time. However, we do not guarantee that the Portal will operate error-free or
be online during the entire time specified. We shall always be given the opportunity
to remedy shortcomings in the Portal before such shortcomings are considered breach
of contract. Moreover, we also reserve, to a reasonable extent, the right to shut
down the Portal for maintenance and service work.
(i) An email support centre will be open for you. We will, to a reasonable extent,
assist you with questions or problems that arise regarding your use of the Portal
or our site. We do not guarantee 100% availability of this support service.
18. ACCEPTABLE USE
(a) You shall only use our site for lawful purposes. You may not use our site:
- in any way that is unlawful or fraudulent or that breaches any applicable national,
local or international law or regulation;
- To procure the sending of any unsolicited or unauthorised advertising or promotional
material or other form of solicitation (spam); and
- To knowingly transmit any data, send or upload material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the operation of
any computer software or hardware.
(b) You also agree not to reproduce, duplicate, copy or re-sell any part of our
site in contravention of the provisions of the Terms.
19. INTELLECTUAL PROPERTY
(a) All Intellectual Property subsisting in, created during, or used in connection
with any service or Information, including any modifications and amendments thereto,
provided to you by us, shall be and remain our sole property or our licensors (“our
Intellectual Property”). You shall not, without our prior written consent
or the relevant owner, use or adopt any name, trade name, trading style or commercial
designation used by us or the relevant owner, or do or omit anything to infringe
on any intellectual property right relating to any service or Information supplied
by us or the relevant owner. You agree to notify us immediately if you become aware
of any unauthorised use of our Intellectual Property.
(b) In the event that new intellectual property, inventions, designs or processes
evolve in the performance of or as a result of services, including where modifications
recommended by you are incorporated by us into the services, you acknowledge the
same shall be our property unless otherwise agreed in writing by us.
(c) We shall retain all Intellectual Property rights over our sites used by you
in relation to the services.
(d) You shall own all your data and all Intellectual Property rights therein, including
any amendments to your data and you agree to grant us a worldwide, non-exclusive,
royalty-free licence to use and aggregate your data with other data for the provision
of the services.
(e) You will indemnify us in respect of any loss, expenses or costs suffered by
us due to a claim by any third party for infringement of our Intellectual Property
where such infringement arises due to our compliance with your designs, specifications,
(f) Intellectual Property includes any copyrights and related rights, database rights,
patents, patentable material, designs, trade secrets, confidential information,
know-how, trade-marks, service marks or other industrial or intellectual property
rights, and any applications for any of the foregoing (whether registered or not
and whether registerable or not) and all similar or equivalent rights or forms of
protection in any part of the world (“Intellectual Property”).
20. FORCE MAJEURE
Where we are prevented from fulfilling our obligations due to circumstances which
are beyond our control such as storm, labour dispute, fire, water damage, terrorism,
loss of power, telecommunications or other public utility, amendments to regulations
issued by governmental authorities, intervention by the authorities and errors or
delays in services from sub-contractors due to circumstances as stated herein, we
may postpone the time for performance and shall not be liable in damages to you
for any loss so arising. Where performance of the Portal or our site is materially
prevented for a period in excess of three (3) months as a result of any of the abovementioned
circumstances, you shall be entitled to terminate this Contract.
21. REPORTING OBLIGATIONS
(a) Where we or our affiliate is required to report on material events in the business
and where this Contract constitutes a material event by virtue of you being our
client and or the financial benefits associated with this Contract, then you acknowledge
and consent to the reporting, including where such reporting may be, for example,
a communication to a stock exchange and associated public market.
(b) Where you or any affiliate is required to report on material events in the business
and where this Contract constitutes a material event by virtue of the associated
services, then we acknowledge and consent to the reporting, including where such
reporting may be, for example, a communication to a stock exchange and associated
(a) No delay by either party in enforcing its rights shall prejudice or restrict
the rights of that party, and no waiver of any such rights or of any breach of any
contractual terms shall be deemed to be a waiver of any other right or of any later
(b) If any provision of this Contract is judged to be illegal or unenforceable,
the continuation in full force and effect of the remainder of the provisions shall
not be prejudiced.
(c) Any notice required to be given pursuant to this Contract shall be in writing,
and shall be sent to the other party marked for the attention of the authorised
representative. Notices may be sent by email or post and notices sent by post shall
be deemed to have been delivered 48 hours after posting and correctly directed emails
shall be deemed to have been received instantaneously on transmission.
(d) This Contract shall be governed by and construed in accordance with Irish law
and each party hereby submits to the non-exclusive jurisdiction of the Irish courts.
(e) We reserve the right to change specifications of the services at any time and
without notice and to supply the services which differ from the specifications agreed
between us both provided that such substitutions do not materially affect the performance
of the services.
SECTION B – CONSUMER TERMS AND CONDITIONS
The following additional clauses are applicable to consumers only. If you are a
consumer the following clauses apply to our provision of the services or Information
to you and in the event of a conflict between this Section B and any of the terms
of Section A, the terms of Section B shall prevail to the extent that you are a
You should read these terms of Section B, together with the terms set out at Section
A carefully, before you submit any order to us. These Terms tell you how we provide
the services to you, what to do if there is a problem and other important information.
If you think there is a mistake in these terms please contact us to discuss. We
intend to rely on these Terms and your order. If you require any changes, please
make sure you ask for them in writing. This can help avoid any problems about what
you expect from us and what we expect from you.
You can contact us by emailing email@example.com.
25. YOUR ORDER
If we cannot accept your order, we will not charge you for the services or the Information.
26. PROVIDING THE SERVICES/INFORMATION
(a) We will make the services available to you once you have been accepted as a
customer. However, if the supply of the services or the Information to you is delayed
by an event outside of our control, we will take steps to minimise any delay. We
shall not however be liable to you for any delays caused by the event but in the
event that there is a risk of a substantial delay you may end the Contract and receive
a refund for any services or Information for which you have paid but not received.
(b) We may also suspend our services and if the circumstances permit we will advise
you of the suspension in advance. You will not have to pay for any services or Information
while the services are suspended.
27. YOUR RIGHTS TO END THE CONTRACT
(a) Where one of the following applies you can end the Contact immediately:
i. We have told you about an upcoming change to the services or these Terms which
you do not agree to;
ii. We have told you about an error in the price or description of the services
you have ordered and you do not wish to proceed;
iii. There is a risk that supply of the services may be significantly delayed because
of events outside our control;
iv. We have suspended supply of the services for technical reasons, or notify you
we are going to suspend them for technical reasons, in each case for a period of
more than 7 days; or
v. You have a legal right to end the contract because of something we have done
(b) You cannot change your mind where the Information has already been delivered
to you, which may be immediately after you have ordered.
(c) If you wish to end this Contract, please contact us by email at
28. YOUR PERSONAL INFORMATION
We will use the personal information you provide to us:
(a) To supply the services to you;
(b) To process your payment for the services; and
(c) If you agreed to this during the order process, to give you information about
similar services that we provide, but you may stop receiving this at any time by
29. RESOLUTION OF A DISPUTE
Alternative dispute resolution is a process where an independent body considers
the facts of a dispute and seeks to resolve it, without you having to go to court.
Please note that disputes may be submitted for online resolution to the platform.