CitizenSafe® is a trading name of GB Group Plc a public limited company registered in England and Wales under company number 02415211 with a registered office address of The Foundation, Herons Way, Chester Business Park, Chester CH4 9GB. Our VAT registration number is GB 539 7162 18.
Any reference to "CitizenSafe®", "we", “our” or "us" in these Terms & Conditions is to GB Group Plc. Any reference to "You", "Your" or “Yourself” is to the person wishing to access and/or use the CitizenSafe® Service.
These Terms & Conditions (together with any documents referred to in it) are a legal and binding agreement between You and us and govern Your use of the CitizenSafe® Service. We recommend that You read and print a copy of these Terms & Conditions for Your future reference.
IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON "OUR LIABILITY TO YOU" AND "OUR OBLIGATIONS TO YOU AND DISCLAIMERS".
When the following words with capital letters are used in these Terms & Conditions, this is what they will mean:
1.1 Assured Identity: Your Identity once verified by the CitizenSafe® Service, which can then be used by the Relying Party in order to grant access to the service You have shown an interest in taking;
1.2 CitizenSafe® Service: the service provided by us to You for identity verification for the purpose of preventing identity fraud as made available to You on the Website and in accordance with these Terms & Conditions;
1.3 Good Industry Practice: at any time the exercise of that degree of care, skill, diligence, prudence, efficiency, foresight and timeliness which would be reasonably expected at such time from a leading and expert provider of services which are similar to the CitizenSafe® Service, such provider seeking to comply with its contractual obligations in full and complying with applicable laws and with ISO27001 and tScheme accreditations;
1.4 Helpdesk: the CitizenSafe® customer services helpdesk available to assist You with Your use of the CitizenSafe® Service at 0333 566 8000;
1.5 Log-In Details: any identification code, PIN, private key, password or other information provided by us to You (as may be updated or amended by You or us from time to time) to enable You access to Your CitizenSafe® account;
1.6 Our Material: any and all content, data and materials delivered to You as part of the CitizenSafe® Service or contained on the Website, including their design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software;
1.7 Personal Data: has the meaning given to it in the Data Protection Act 1998 (as amended or replaced from time to time) in respect of any data You have provided to us on or in connection with the CitizenSafe® Service;
1.9 Relying Party: The relevant third party who requires You to verify Your identity in order for You to use its services, such as the Cabinet Office,HMG Departments including DVLA and HMRC, local government and other public sector bodies;
1.10 Terms & Conditions: these Terms & Conditions for CitizenSafe® as set out here and as amended by us from time to time;
1.11 Third Party Content: any content and material belonging to a third party provider of products and/or services;
1.12 Third Party Website: the website of a third party (including but not limited to, a Relying Party);
1.13 Website: the landing page which You are directed to when You select CitizenSafe® as Your chosen identity service provider and any replacement website(s) we may use from time to time.
2 The CitizenSafe® Service and Registration
2.1 The CitizenSafe® Service may only be used by individuals over 18 years of age and hold a current Driver's Licence and/ or a valid UK Passport.
2.2 To use the CitizenSafe® Service You will need to create an account with us by entering such information, data and material about Yourself that we request and by following the security procedures. You warrant that the information, data and material You provide to us for our provision of the Assured Identity is correct, complete and up to date. If the information, data and/or material does not allow us to verify Your identity using our databases and sources, then we will not be able to provide You with the CitizenSafe® Service.
2.3 You will be bound by these Terms & Conditions from the point when You access the Website and/or the CitizenSafe® Service, regardless of whether You apply to create a CitizenSafe® account. We will only provide You with the Assured Identity when a CitizenSafe® account has been successfully opened.
2.4 To log-in to Your account once it is created You will need to use Your unique Log-In Details including Your personal password. The Log-In Details are personal to You and You are responsible for keeping Your Log-In Details confidential. You agree not to share Your Log-In Details with any other person or entity and You shall take all reasonable measures to prevent unauthorised access, theft, loss or abuse of Your Log-In Details.
2.5 You must contact us as soon as possible if You know or suspect any unauthorised activity on Your CitizenSafe® account or that anyone has obtained Your Log-In Details, or if You become aware of any other breach of security with regard to the CitizenSafe® Service. You can contact us via our Helpdesk on 0333 566 8000. On receipt of such a notification, CitizenSafe® may withdraw or suspend validity of Your Assured Identity and/or access to or use of Your CitizenSafe® account. Subject to Clause 6.2, we will not be responsible to You if there is unauthorised access to Your Log-In Details or unauthorised activity on Your CitizenSafe® account as a result of You failing to keep Your Log-In Details secure.
2.6 We reserve the right at any time to modify the CitizenSafe® Service (in whole or part, including without limitation, releasing and making available additional features, updates and improvements to the CitizenSafe® Service either temporarily or permanently. If any change is significant we will notify You of the change when You log into Your CitizenSafe® account. If You do not agree with any change we make to the CitizenSafe® Service then You must stop using the CitizenSafe® Service immediately and You may close Your account in accordance with Clause. Your continued use of the CitizenSafe® Service after a change will be deemed as your acceptance of all modifications to it.
2.7 The Assured Identity created as a result of Your use of the CitizenSafe® Service is to enable You to access and use the services of the Relying Party.
3. Use of the website, our material and the CitizenSafe® Service
3.1 You acknowledge that we or our licensors own all the rights to CitizenSafe®, the Website, Our Material, any Third Party Content contained in the Website and the CitizenSafe® Service, and the database of information the Website collects. This includes all intellectual property rights such as patents, copyright, database rights and trademarks. You can however print individual pages on paper and/or make a reasonable number of photocopies for personal, non-commercial use provided You do not modify such copies.
3.2 Without first obtaining our prior written permission, You must not:
3.2.1 copy, pass on, sell, publish or make profit from any content of the Website and/or relating to the CitizenSafe® Service;
3.2.2 frame or use framing techniques to enclose any part of the Website or CitizenSafe® Service, Our Material or Third Party Content; or
3.2.3 create hypertext links to the Website.
3.3 You agree to use the Website and the CitizenSafe® Service in a way that does not:
3.3.1 defame, threaten, bully, harass, abuse or otherwise violate the rights of others or for any unlawful or immoral purpose; or
3.3.2 interfere with the smooth running of the CitizenSafe® Service, introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
3.3.3 breach applicable laws;
3.3.4 attempt to access any component or part of the Website or the CitizenSafe® Service which You are not authorised to access including but not limited to the servers on which they are hosted or any server, computer or database connected to the Website or the CitizenSafe® Service.
3.4. CitizenSafe® is our trade mark. We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Save for Your right to access the Website in accordance with these Terms and Conditions. We do not grant You any rights in respect of such intellectual property rights and/or materials. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.5. We may terminate or suspend Your access to log-in areas of the Website, and/or Your use of the CitizenSafe® Service or Your CitizenSafe® account in the event that You fail to comply with the provisions set out in this Clause 3.
4. Privacy of your data
4.2 You acknowledge that the CitizenSafe® Service is an authentication service and You agree that we will use Your Personal Data to undertake a search for the purposes of verifying Your identity. To do this we may check Your Personal Data against any particulars on any database (public or otherwise) to which we have access from time to time. A record of the search will be retained by us for audit purposes for as long as is necessary and permitted in accordance with the terms of the Data Protection Act 1998 (as amended or re-enacted from time to time).
4.3 You agree that we and/or the Relying Party may report any suspicious activities encountered in relation to Your interaction with us as part of the CitizenSafe® Service to any appropriate agency or other relevant body, such as the Police and/or other relevant authorities.
4.5 Unless You or we have closed Your account in accordance with Clause 7.2, we may need to verify Your identity again from time to time. We may be required to do this due to our obligations owed to a Relying Party, due to the time which has passed since Your identity was last verified by us, if You have not accessed Your CitizenSafe® account recently, or if You have changed Your name or address. If this is required the identity verification checks that are referred to in Clause 4.2 above will be carried out again and a record of this search will also be retained by us.
5. Our obligations to you and Disclaimers
5.1 As part of our obligations to You, we will provide the CitizenSafe® Service:
5.1.1 with reasonable care and skill and as described on the Website;
5.1.2 in accordance with Good Industry Practice; such as ISO27001, PCI DSS, and tScheme accreditations and
5.2 While we try to ensure that the Website and the CitizenSafe® Service are functioning correctly, this may not always be achievable. We do not guarantee that the Website and the CitizenSafe® Service will be available all the time or at any specific time. The Website and/or the CitizenSafe® Service may be temporarily suspended if the IT systems or infrastructure used to provide them are under repair or maintenance or are otherwise unavailable for reasons beyond our control.
5.3 We do not guarantee that the CitizenSafe® Service will be compatible with all or any particular hardware and software which You may use.
5.4 We take steps to ensure that the CitizenSafe® Service and Our Material are free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect Your computer and data.
5.5 We use reasonable care and skill in the sourcing and supply of information which is made available to You on or in connection with the Website or CitizenSafe® Service. However, we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.
5.6 Nothing provided by us on or in connection with the Website or the CitizenSafe® Service is, or shall be deemed to constitute financial, legal or other advice. The information we provide is not intended to be relied on by You in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us to You on or in connection with the Website is for general information purposes only.
5.7 Except for the commitments we expressly make in these Terms & Conditions and any additional commitments arising out of Your consumer rights granted by law, we do not make any other commitments or warranties about the Website or the CitizenSafe® Service and all other commitments or warranties are to fullest extent permitted by law excluded.
6. Our liability to you
6.1 For further information about Your legal rights and how they may be affected by these Terms & Conditions we advise You to contact Your local Citizens Advice Bureau. If any problems arise with Your use of the Website or CitizenSafe® Service please contact us as soon as possible via the Helpdesk, as detailed in Clause 1.1.
6.2 Nothing in these Terms & Conditions excludes or limits our liability to You in respect of:
6.1.1 death or personal injury caused by our (or our sub-contractors') negligence;
6.1.2 our (or our sub-contractors') willful default or fraud;
6.1.3 our (or our sub-contractors') breach of law;
6.1.4 any loss, unauthorised access to or corruption of Your Personal Data held by us or our sub-contractors' (including any credentials issued to a User) in connection with the CitizenSafe® Service; and
6.1.5 any matter for which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
6.3 We are responsible to You for loss or damage suffered by You that is a foreseeable result of our breach of these Terms & Conditions or our negligence. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or negligence or if they were reasonably contemplated by You and us at the time when You accessed Your account or used the CitizenSafe® Service.
6.4 We will not be liable or responsible to You for any failure of the Website or the CitizenSafe® Service or any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by an event outside our control. For the purpose of this Clause, an event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, failure, delay or disruption of public or private telecommunications networks, the internet, computer equipment failures or other equipment failures.
6.5 We are not responsible to You for any losses (whether in contract, tort, negligence or otherwise) You suffer relating to or in connection with a Relying Party or for You failing to be granted access to a Relying Party's services as a result of the CitizenSafe® Service.
6.6 With the exception of the types of loss set out in Clause 6.2, in respect of which we do not exclude or otherwise limit liability, if we are liable to You (whether due to a breach of these Terms & Conditions, our negligence or otherwise) our aggregate liability to You arising out of or in connection with these Terms & Conditions and the CitizenSafe® Service, shall not exceed the sum of £100.
6.7 We only provide the CitizenSafe® Service for non-commercial, personal use. You agree not to use the CitizenSafe® Service for any re-sale purpose, and to the greatest extent permitted by applicable law we have no liability to You for any loss of use, loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.
7. Ending the CitizenSafe® Service & Closing your CitizenSafe® Account
7.1 You are free to stop using the CitizenSafe® Service at any time by ceasing to use the Website and/or Your CitizenSafe® account.
7.2 You may close Your CitizenSafe® account at any time by / following the account de-activation process in Your profile. If You wish to use the CitizenSafe® Service again in the future You will need to create a new CitizenSafe® account by re-entering Your personal information.
7.3 You will not be permitted to cancel a request for the CitizenSafe® Service under the Consumer Protection (Distance Selling) Regulations 2000 (as amended or updated from time to time) because we commence the provision of the CitizenSafe® Service to You immediately after Your request to receive it.
7.5 We may at our discretion discontinue the Website or the CitizenSafe® Service at any time.
8. Third party websites and content
8.1 The Website may contain links to other websites and Third Party Content in respect of products and services, either directly or indirectly through frames. Where possible, we will make it clear where such links are being made. We are not responsible for Third Party Content or the availability of Third Party Websites.
8.2 We do not endorse or take responsibility for any Third Party Content or any offers, arranging or advice (including but not limited to the comments, opinions, or recommendations) provided by third parties. You will need to validate the information and check the details of what is being offered by such third parties.
8.3 Third Party Content and third party products and services available on the Website or linked to from the Website are subject to the separate terms and conditions and privacy policies of the relevant third party.
9.1 Should You wish to make a complaint about the CitizenSafe® Or You can write to us at Compliance, CitizenSafe, The Foundation, Herons Way, Chester Business Park, Chester, CH4 9GB.
9.2 For further information regarding our complaints policy and procedures click here
10. Changes to these Terms & Conditions
10.1 From time to time due to changes to the CitizenSafe® Service, changes in the law or our arrangements with third parties, we may have to make changes to these Terms & Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms & Conditions.
10.2 We will notify You individually of any major changes to these Terms & Conditions but not of minor changes. It is therefore important that You check these Terms & Conditions regularly and in particular on each occasion when You use the Website and/or CitizenSafe®. Any minor changes will apply automatically and will be reflected in the last modified date.
11. Other Important Terms
11.2 You may not transfer any or all of the rights granted to You under these Terms & Conditions to any other person. We may transfer any or all the rights granted to us under these Terms & Conditions to another organisation and will always notify You in writing if this happens.
11.3 All communications between You and us will be conducted in the English or Welsh language, as selected by you.
11.4 Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect.
11.5 Any notices we send to You will be sent to the most recent e-mail address or postal address provided to us by You. Any notices sent to us by You should be sent to the postal address published on the Website, except for notice to cancel Your account and notice of any actual or suspected security breaches, which can be done via the My Profile Section of Your account, by calling us on 0333 566 8000, in writing via email or by post at Compliance, CitizenSafe, The Foundation, Herons Way, Chester Business Park, Chester, CH4 9GB.
11.6 If we fail to insist that You perform any of Your obligations under these Terms & Conditions, or if we do not enforce our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.
11.7 These Terms & Conditions are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.