Terms & conditions

This page (together with the documents referred to on it) sets out the legal terms and conditions pursuant to which we, GLOBEID LIMITED, supply the products and services including opening an Account on our platform, (PassportScan Cloud) (together the Services) which Services are made available from our website (the Site) to you. You will then be required to subscribe in relation to the proprietary software owned by us (PassportScan Client - iOS, Windows,  Android) (together the Software),which is necessary in order to operate and provide the Services.
 
Please read these Terms and Conditions carefully and make sure that you understand them, before subscribing for the Services, applying for opening an Account from the Site. You should understand that by subscribing for the Services, applying for opening an Account, you agree to be bound by these Terms and Conditions.
 
We recommend you print a copy of these Terms and Conditions for future reference.
 
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to subscribe for the Services or open an Account from the Site
 
 

1. status

 
 
By subscribing for the Services through the Site, you, the user (“you”), warrant or promise that:
 
• you have read and understand these Terms and Conditions;
• if you are a human person you are 18 years of age or older;
• you are agreeing to enter into and be bound by and that you have read the other documentation on this site including the [link to
Privacy Policy], [link to the Website Acceptable Use Policy], [link to Cookie Notice].
• all information and documentation you provide to us in connection with subscribing for the Services and opening an Account
will be true and accurate; and
• you will provide all information and documentation required by any third party in connection with opening an Account and that
all such information and documentation will be true and accurate.
 

2. HOW TO CONTRACT IS FORMED BETWEEN YOU AND US

 
 
In order to register with us, open an Account submitting the information requested by us about yourself. You must ensure that all the details you submit about yourself are true and correct.  If we are not satisfied that the information you have provided about yourself is accurate and not misleading we reserve the right to (i) prevent you from opening or having access to your Account and/or close your Account.
 
Your application to subscribe for the Services constitutes an offer to us and open an Account. Please note that this does not mean that your application has been accepted as we will review and verify the information you provide to us.
 
Before accepting your application for the Services we can request you provide us with all documentation we deem necessary in order to verify your identity.
 
The contract between us (Contract) will only be formed when we send you the Confirmation E-Mail, validating your account and generating your access password. We ask you to keep your CVC and password confidential as this will allow you to access your Account and anybody using your CVC and password will be able to access and use your Account.
 
The Contract will relate only to those Services and the Account validated in the Confirmation E-Mail. We will not be obliged to supply any Services which may have been part of your application.
 
Cooling off period: If you are a consumer within the meaning of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013) you are entitled to a “cooling off period” in relation to the subscription for the Services. This means that for a period of 14 (fourteen) days following the sending of the Confirmation E-Mail you are entitled to cancel the Contract. However, if you are a consumer once you use both services and down-load the software, the cooling off period shall be deemed to come to an end and or obtain a refund of your payment for the Services.
 

our status

 
From time to time the Site may contain offers and advertisements from certain third party sellers for services and products. Please note that we do not accept orders in relation to such services and products on behalf of third party sellers on the Site. We are not agents for such third party sellers. If you decide to purchase such services and products any resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions as we accept no responsibility for such third party sellers.
 
We may also provide links on the Site to the products or websites of other companies, whether affiliated with us or not. We cannot give you any undertaking or promise that any products or service you purchase from such third party sellers identified on

 

the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory or merchantable quality or fit for a particular purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
 
We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
 
Risk Entitlement to receive the Services and open your Account will only commence when you use the link sent to you in the
Confirmation E-Mail and you will subscribe to both services and software.
 
 

THE SERVICE

 
GlobeID reserves the right to change any offering under the Service at any time. In the event that GlobeID suspends part or all of the Service we will issue notice of the same a minimum of five days prior to the suspension or termination date.
 
Our Cancellation policy
 
You may [close your Account] OR [cancel your subscription] and cancel the Service in accordance with these Terms and
Conditions.
 
To [close your Account] OR [cancel your subscription], you must inform us in writing or by clicking "Cancel Account" link from the Accounts section OR by sending an email to legal@globeid.net. We will then close your Account and you will be unable to use the Services or access the data in your Account. Please note however that no refund of the payment made by you in relation to the Services will be made. The content stored in your Account will be deleted within 28 days, subject to clause 6, as per EU GDPR compliance or similar worldwide policies.
 
If after you close your Account, you would like us to send the data stored in your Account (consisting of the content uploaded by you) to your e mail address please [click the relevant box in the "Cancel Account" link from the Accounts section OR send us an e mail to legal@globeid.net. Please note that we could charge you a possible fee in order for us to recover the cost of retrieving, formatting, processing and sending the data in your Account to your email address. You will have to provide credit card or debit card details to pay. Your data will be sent to your email address in the electronic format selected by us. It is your responsibility to ensure that your own computer and software including operating system will allow you to download and view the data in your Account.
 
Please also note that if you close your Account or your subscription expires and you do not specifically request us to send the data from your Account to your e mail address we reserve the right to automatically and without further notice delete the data in your Account after [28 days] from the date of closing your Account.
 

warranty

 
We warrant to and promise you that we will use our reasonable endeavours to maintain operation of the Services including the
Site and the Account and rectify faults as quickly as practicable.
 
However we do not warrant or promise that both Services and Software will be available to you without interruption or at any particular time. Other than as expressly set out in these Terms and Conditions, to the extent permitted by law, we do not provide any warranty in relation to the Services and Software. We may have to suspend operation of the Services and Software from time to time without giving you prior notice in order for repair, maintenance, improvement to the Site or the Services or the Software or other technical reason. If so, we will do our best to ensure that the suspension or interruption is as short as possible. To the extent permitted by law, we cannot accept liability in relation to any loss or damage suffered by you resulting from any such suspension or interruption caused by circumstances outside our control.
 
In addition we cannot guarantee that the Services or the Software can be accessed by you using any hardware or operating systems or in conjunction with any particular computer equipment, computer or connectivity services. We do not accept liability for any such equipment or connectivity services.
 

Our liability

 
Subject to clause 8.3, to the maximum extent permitted by applicable law we will not be liable for losses or damage that result from our failure to provide the Services including the Site or the Equipment in accordance with these Terms and Conditions that fall into the following categories even if such losses result from our deliberate breach or are foreseeable:
 
loss of current or future income or revenue;
loss of business or opportunities;
loss of profits;
loss of anticipated savings or benefits;
consequential loss; or loss of data.
 
However, this clause 8.1 will not prevent claims for loss of or damage to your physical property that are reasonably foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 8.1.
 
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or

 

any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
 
To the maximum extent permitted by applicable law, all liability of any nature arising hereunder in connection with implied warranties of performance, merchantability or fitness for a particular purpose in respect of the Services is hereby excluded.
 
Other than in relation to clause 8.2, the maximum amount of our liability which we accept under these Terms and Conditions shall not exceed twice the payment made by you in relation to the Services.
 
Where you buy any product from a third party seller on the Site, the seller's individual liability will be set out in the seller's terms and conditions.
 

Written communications

 
Applicable laws require that some of the information or communications we send to you should be in writing.  When using the 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.
miscellaneous.
 
10.1   All notices given by you to us must be given to legal@globeid.net. 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 clause [9] above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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.
 
 

Transfer of rights and obligations

 
The Contract between you and us is binding on you and us and on our respective successors and permitted assignees.
 
You may not transfer, assign, charge or otherwise dispose of your subscription, 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 your subscription, or any of our rights or obligations arising under it, at any time during the term of the subscription.
 

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 in relation to a subscription or a Contract that is caused by events outside our reasonable control (the 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:
 
impossibility of the use of public or private telecommunications networks;
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;
the acts, decrees, legislation, regulations or restrictions of any government;
and pandemic or epidemic.
 
Our performance under any Contract 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 Contract may be performed despite the Force Majeure Event.
Miscellaneous
 
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the subscription or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
 
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause [10] above.
 
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
 
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
 
You agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
 
Nothing in this clause limits or excludes any liability for fraud.
 
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
 
You will be subject to the policies and Terms and Conditions in force at the time that you apply for the Services 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 will apply to orders or subscriptions previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Confirmation E-Mail (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 Confirmation E-Mail as set out above).
 
Contracts in relation to the Services and any subscriptions in relation to the Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts and any subscriptions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.
 

Information about us

 
We are GLOBEID Limited a company incorporated in Ireland under company number 559612 and have our registered office at The
Black Church, St. Mary’s Place, Dublin 7. Thank you for visiting the Site.

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