Terms and Conditions for the Experian Identity Service
Dated: 3rd May 2017
References to "we", "us" and "our" in these Terms and Conditions are to Experian Limited.
References to "you" or "your" in these Terms and Conditions are to you as a user of the Website and the Experian Identity Service.
“Experian Group” means the group of companies, whose parent company is Experian plc which is listed on the London Stock Exchange (EXPN). For more information, visit the Experian Group's website on www.experianplc.com. The Experian Group has its corporate headquarters in Dublin, Ireland, and operational headquarters in Costa Mesa, California and in Nottingham UK.
"Experian ID" is a personal identity account that you use to verify your identity and/or access Services that you use, or which you sign up for.
"Experian Identity Service" means the Experian identity service that we make available to you on the Website from time to time.
“GDS” or “Government Digital Service” means a Governmental department that runs and manages services available on www.gov.uk.
“Helpdesk” means the customer services helpdesk we run which can be contacted by telephone on the following number 0344 481 8192. For GDS customers, this is open Monday to Friday: 08:00 to 22:00 and Saturday and Sunday: 08:00 to 17:00. For all other customers, this is open Monday to Friday: 08:00 to 19:00, Saturday: 08:00 to 16:00, and it is closed on Sundays.
"Our Material" means content, data and materials delivered to you as part of the Experian Identity Service (whether on a computer screen, in email or paper format) or contained in the Website, including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software.
"Services" means the services and facilities that we make available to you on the Website and/or via an authorised Third Party Website from time to time and "Service" shall be interpreted accordingly.
"Terms and Conditions" means the terms and conditions set out here.
"Third Party Content" means content and material belonging to either a third party provider of products and/or services, or another member of the Experian Group.
"Third Party Website" means the website of a third party or another member of the Experian Group which is linked to or from the Website or on frames within the Website.
"Website" means the landing page which you are directed to when you select us as your identity service provider of choice on the Third Party Website, and any replacement website(s) we may use from time to time.
"Your Data" means information and data you have provided to us on or in connection with the Website and/or the Experian Identity Service, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as amended).
2. About us
2.1 We are Experian Limited, a company registered in England and Wales at Companies House with company number 00653331. Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. Our VAT registration number is GB 887 1335 93.
2.2 If you have any queries about the Experian Identity Service, please refer to the Frequently Asked Questions and other information available at the bottom of each page on the Website or contact our Helpdesk.
3. Important information about these Terms and Conditions
3.1 We intend to rely on these Terms and Conditions and it is our intention that you will be legally bound by them when you use the Experian Identity Service and our Website. For your own benefit and protection you should read these Terms and Conditions carefully before using them. IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON "OUR LIABILITY TO YOU" AND OUR "WARRANTIES AND DISCLAIMERS". If you do not understand any point please contact the Helpdesk.
3.2 We advise you to print these Terms and Conditions and keep a copy for your future reference.
3.3 You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.
4. The Experian Identity Service
4.1 The Experian Identity Service is as described on the Website. You may have been directed to our Website by a third party who requires you to verify your identity in order to use the third party's services.
4.2 You will be bound by these terms and conditions from the point when you access the Website. We will only provide you with the Experian Identity Service when you have an Experian ID.
4.3 If you require an Experian ID in order to verify yourself to enable you to take a service from GDS, we may use the GDS Document Checking Service as part of the Experian Identity Service in order to receive a 'yes' or 'no' validation from the Passport Office or DVLA, to the document details provided by you associated with your UK passport or UK Driving Licence.
5. Registration and log-in details
5.1 To use the Experian Identity Service you will need an Experian ID which will require you to create an account on the Website by entering information about yourself and following the security procedures on the Website. If the information you provide does not allow us to verify your identity using our databases, then you may not be able to create an Experian ID which may affect your ability to use some services. If the information you provide does allow us to verify your identity using our databases, we will issue you with your unique log-in details, which you will need in order to use your Experian ID.
5.2 You are responsible for keeping confidential the credentials you used to enable us to set up your Experian ID, and you must not share them with anyone.
5.3 To use your Experian ID once it is created, you will need to use your unique log-in details. You are responsible for keeping your unique log-in details confidential and they must not be shared, except if the Helpdesk requests your email address, or characters from your memorable word in order to assist you in gaining access to your Experian ID. Please note however that the Helpdesk will never ask for your password. Experian will not be liable for any charges raised by your mobile telephone provider in relation to the SMS element of the Experian ID set up or subsequent use of SMS verification in the Experian Identity Service.
5.4 You should contact us as soon as possible if you believe that anyone has obtained your unique log-in details without your permission, or in breach of these Terms and Conditions, or if you become aware of any other breach of security on the Website. We will not be responsible to you if there is unauthorised access to your Experian ID, or unauthorised activity on the Website as a result of your log-in details being used by someone else, unless this is due to our negligence.
6. Use of the Websites and Our Material
6.1 We or our licensors own all the rights to the Website, Our Material, any Third Party Content contained in the Website, and the information the Website collects. This includes patents, copyright, database rights and trademarks. You can:
• view and display the content of the Website on a computer screen;
• print individual pages on paper or make a reasonable number of photocopies (or both); and
• store the content of the Website in electronic form on your computer's hard drive for your personal, non-commercial use only.
6.2 You must not copy, pass on, sell, publish or make profit from any of the content of the Website without first getting our written permission.
6.3 You must take care not to do anything that could harm the Website or the computer systems which host the Website. You must not do anything that restricts or inhibits the use and enjoyment of the Website by other users.
6.4 Product names, trade marks or service names or marks or company names mentioned on the Website and in connection with the Experian Identity Service are the trademarks, service marks, or business names of their respective owners. The word "EXPERIAN" and certain other words and graphical devices in respect of the Experian Identity Service are trade marks of Experian Limited and/or its associated companies and may be registered in the EU, USA and other countries. By making the trademarks available on the Website, we are not giving you any permission to use them.
6.5 Product names, trade marks or service names or marks or company names mentioned on the Websites and in connection with the Services are the trademarks, service marks, or business names of their respective owners. The word "EXPERIAN", and certain other words and graphical devices in respect of particular Services are trade marks of Experian Limited and/or its associated companies and may be registered in the EU, USA and other countries.
7. Privacy of Your Data
7.4 Where you are taking a service from GDS,
• Your information will be passed to GDS through the GDS Hub.
• Your information will be passed to GDS when you first register and thereafter whenever you wish to login to a service on www.gov.uk using your Experian ID.
7.6 From time to time we may need to verify your identity again for security purposes. This may be due to the time which has passed since your identity was verified, because you have not accessed your account recently, or if you have changed your name or address. If this is required the checks that are referred to in Clause 7.2 above will be carried out again. A record of this search will also be retained by us for a 12 months period from the date of the search.
8. Warranties and Disclaimers
8.1 We will endeavour to provide the Website and the Experian Identity Service with reasonable care and skill to a standard at least equivalent to good industry practice and to ensure that the Experian Identity Service is substantially as described on the Website and in these Terms and Conditions. In this clause "good industry practice" means 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 identity services, such provider seeking to comply with its contractual obligations in full and complying with applicable laws.
8.2 While we try to ensure that the Website is functioning correctly, this may not always be achievable. We do not guarantee that the Website or the Experian Identity Service will be available all the time or at any specific time. The Website and/or the Experian Identity Service may be temporarily suspended if our computer systems used to provide the Website or the Experian Identity Service are under repair or maintenance or are otherwise unavailable.
8.3 We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. For example, the Website may not display or operate correctly if you access it using a mobile phone or similar device or platform.
8.4 We take steps to ensure that the Website 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.
8.5 We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with the Website or the Experian Identity Service. However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.
8.6 Nothing provided by us on or in connection with the Website or the Experian Identity 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 the Website is for general information purposes only.
8.7 Except for the commitments we expressly make in these Terms and 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 Websites or the Experian Identity Service and all other commitments or warranties are excluded.
9. Our liability to you
9.1 For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau. If any problems arise with your use of the Website or the Experian Identity Service please contact us as soon as possible.
9.2 Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence, (b) our fraud, (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
9.3 We are not responsible to you for any loss or damage suffered by you which was not a reasonably foreseeable or obvious consequence of us breaching these Terms and Conditions - for example, if you and we could not have anticipated those losses before or when you accessed the Website or used the Experian Identity Service or it was not obvious that those losses would result.
9.4 We are not responsible to you for losses which you suffer due to any events beyond our reasonable control.
9.5 We are not responsible to you for losses which you suffer which are not directly caused by our actions (or our failure to act).
9.6 Unless we have been negligent then we are not responsible to you for any damage caused to any hardware or software used to access, use or download the Experian Identity Service.
9.7 We are not responsible to you for any losses (whether in contract, tort, or otherwise) you suffer under or in connection with a third party through which you access the Experian Identity Service or for you failing to be granted access to such third party services as a result of the Experian Identity Service
9.8 Where you are taking a GDS service, no limit on liability shall apply to any claim you may have in relation to:
(a) any breach of law by us or our sub-contractors;
(b) any loss of, unauthorized access to or corruption of Your Data held by us or our sub-contractors (including any credentials issued to You); or;
(c) any wilful default or fraud by us or our sub-contractors.
in relation to that GDS service.
9.9 Except as set out in Clause 9.8 or as otherwise stated in these Terms and Conditions, our aggregate liability to you arising out of or in connection with the Experian Identity Service shall not exceed £100.
9.10 Our liability to you shall not include the following business losses that you may incur: lost business data, lost profits, lost earnings, business interruption or reduction in the value of an asset. We shall not be liable to you for any business losses if the Experian Identity Service is provided for your own personal use as a consumer/citizen.
10. Reporting of Suspicious Activity
We reserve the right for us (and relevant third parties, including GDS in relation to a GDS service) to report to any appropriate agency or other relevant body any suspicious activities we (or relevant third party, including GDS in relation to a GDS service) encounter in relation to your use of the Experian Identity Service and/or Website.
11. Ending the Experian Identity Service & Closing Your Account
11.1 You are free to stop using the Experian Identity Service at any time.
11.2 You may cancel your Experian ID at any time by using the ‘Manage Your Experian ID’ facility on the Website. Following your request for cancellation, your Experian ID will remain available to you for the period of time notified to you at the time of your cancellation request should you wish to change your mind. At the end of this period your Experian ID will be cancelled and you will no longer be able to use it. Cancellation of your Experian ID may affect your ability to use third party services.
11.3 You may cancel your Experian ID at any time by contacting the Helpdesk. If you wish to use the Experian Identity Service again in the future you will need to create a new Experian ID by re-entering Your Data.
11.4 You will receive instant access to your Experian ID once you complete registration. By completing registration, you will be requesting that we provide you with an Experian ID within your statutory 14 day cancellation period (which begins the day after the day on which you completed registration). If you do not want us to do this, you should not complete the registration process.
12. Third Party Websites and Content
12.1 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.
12.2 We do not endorse or take responsibility for any Third Party Content or any offers, arranging or advice (including but not limited to the comment, 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 for yourself.
12.3 Third Party Content and third party products and services available on the Website or linked to from the Website (including any services provided by the Post Office) are subject to the separate terms and conditions and privacy policies of the relevant third party (in the case of privacy policies where the third party is collecting information from you, otherwise, where we collect information from you then our relevant privacy policies will apply).
12.4 If you choose to use our app for a mobile device which is called "The Experian ID app" downloaded from the Google Playstore in conjunction with the Experian Identity Service, you expressly understand and agree that Google, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not Google or its representatives have been advised of, or should have been aware of the possibility of any such losses arising.
13.1 We are sorry if you feel the need to complain. We want to hear from you because telling us gives us the chance to put matters right for you, and see how we can improve what we do for others. Whatever way you complain to us, we will take notice. Click on the following link to find out about our complaints handling procedure and how to make a complaint, or follow the process set out below.
13.2 How do I make a complaint?
Step 1: Contact us...
Contact us by whichever of the following means suits you best.
• Call us: phone on 0344 481 8192. For GDS customers, this is open Monday to Friday: 08:00 to 22:00, and Saturday and Sunday: 08:00 to 17:00. For all other customers, this is open Monday to Friday: 08:00 to 19:00, Saturday: 08:00 to 16:00, and it is closed on Sundays.
• Send us a letter: Customer Relations Team, Experian, PO BOX 8000, Nottingham, NG80 7WF
• Email us: firstname.lastname@example.org
You do not need to ask anyone to make a complaint on your behalf. Whenever possible, we prefer to hear about your complaint in your own words.
How you can help us to help you
To help us investigate your complaint, please tell us:
• Your full name, address and preferred daytime phone number
• Your email address
• A description of the circumstances and facts that have given you reason to complain
• The impact that this has had on you
• Any reference numbers or account numbers
Step 2: We will see if we can resolve quickly...
Wherever possible, we will try to resolve your complaint immediately. If we can't do this, we will investigate your complaint and get back to you.
If we haven't been able to resolve things for you immediately, we will acknowledge your complaint within 5 business days.
Whether we can resolve your complaint immediately or not, we may contact you to ask for clarification or to discuss options with you.
Step 3: What we will do next...
We’ll update you after 4 weeks if we haven't finished our investigation by that time.
In most cases we will give you our final response within 8 weeks of your complaint. Our final response will tell you what we have found, what we will do and why we came to that conclusion.
Step 4: If you are still unhappy...
If you are still unhappy after we have completed these steps then you may have the right to refer your complaint, free of charge, to the Financial Ombudsman Service ("Ombudsman").
If you are in any doubt about whether you can refer your complaint to the Ombudsman, please contact the Ombudsman.
The contact details for the Financial Ombudsman Service are:
Telephone: 0300 123 9 123, or from outside the UK +44 20 7964 1000
Financial Ombudsman Service
14. Changes to these Terms and Conditions
14.1 Sometimes, because of changes to the Website or the Experian Identity Service, changes in the law or our arrangements with third parties, we may have to make changes to these Terms and 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 and Conditions.
14.2 We will not notify you individually of any changes in these Terms and Conditions via email. It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you use the Experian Identity Service.
15. Other important information
15.1 These Terms and Conditions are a contract between you and us and form the entire agreement between us. No-one except us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
15.2 You may not transfer any or all of the rights granted to you under these Terms and Conditions to any other person.
15.3 We may in our discretion discontinue or modify the Website or the Experian Identity Service at any time. We will try to ensure that any modification does not materially adversely affect the nature of the Experian Identity Service provided to you.
15.4 You must not create hypertext links to the Website without our prior written permission.
15.5 All communications between us will be conducted in the English language or where you are taking a GDS service, in addition, the Welsh Language (as appropriate)
15.6 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 the notice to cancel your account which can be done via the Helpdesk.
15.7 English law applies to these Terms and Conditions. If any disputes arise between you and us in relation to these Terms and Conditions and you want to take court proceedings, you must do so in the English courts unless you reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.