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Terms and Conditions for Consumers
1. Consumer terms and conditions for identiblue services offered by - Current at 12 November 2023:
Blue Biometrics Limited (Referred to hereafter as ‘Blue’)
Company number 14819566
Business Cyber Centre,
Unit 7 Greenways Business Park
Bellinger Close
Chippenham,
SN15 1BN
Contact number: TBA
2. Our commitment
Blue designs and operates identiblue with three core priorities:
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Privacy
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Ultrasecurity
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Convenience
3. Privacy
In relation to privacy matters these terms and conditions incorporate the privacy policy at: https://www.identi.blue/privacy
4. Personal responsibility
We encourage all users of identiblue services to support Blue’s priorities in the following ways:
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Contact us and inform of any problem or concerns you experience
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Take advantage of cybersecurity resources such as:
https://www.ncsc.gov.uk/cyberaware/home
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Only set up and operate an identi with identiblue consistent with your official legal identity.
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Never attempt to operate another person’s identiblue identi
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Share your suggestions with us how to make the identiblue experience better
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Only use identiblue and any related service if you accept and abide by these ‘Terms and Conditions’ in this document, the privacy notice referenced above and any other terms and conditions, permissions, consents and similar communicated to you by Blue via the identiblue app or other means.
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If you are unsure of the businesses you are utilising identiblue with please contact us for further information. We have future features on our roadmap that will make it very easy for you to keep track of that information.
BLUE WILL NEVER SEND LINKS VIA EMAIL OR SMS THAT REQUIRE YOUR BIOMETRICS, PERSONAL INFORMATION OR PASSWORDS. LEGITIMATE INTERACTIONS WILL BE EITHER VIA THE DEDICATED IDENTIBLUE APP - SEE THE BELOW LINKS OR EMBEDDED IN THE APP OF A PARTNER COMPANY. DO NOT CLICK ON ANY SUCH SUSPICIOUS LINKS OR FORWARD THEM TO ANYONE. PLEASE CONTACT US IF YOU NEED FURTHER INFORMATION OR REFER TO THE CYBERSECURITY RESOURCES ABOVE.
5. App links:
identiblue app links:
6. DO NOT USE IDENTIBLUE IF YOU ARE VISITING OR A RESIDENT OF THE STATE OF ILLINOIS, UNITED STATES
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DO NOT download the identiblue app or use it or any identiblue service in the State of Illinois.
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DO NOT use any identiblue services in the State of Illinois, even if you have previously used identiblue services. Don’t be concerned, you will not lose access to such services. Your biometrics are NOT stored on your phone.
7. Responsibility of Relying Parties and Distribution Partners
We explain here some of Blue’s expectations of the businesses and other organisations that use identiblue services or distribute them. Some of which are important contractual obligations they have to ‘Blue’ that are designed to further protect you. You agree that Blue is not responsible for the actions of parties that do not honour such obligations and waive any claim against Blue resulting from parties not adhering to these obligations. Relying parties and Distribution partners;
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MUST NOT use or permit the use of identiblue services in the State of Illinois, United States.
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MUST NOT themselves collect or store the biometric information of any person using the identiblue service, or attempt to do so, except via identiblue processes that Blue has specified. This means that biometric collection occurs via the identiblue app or via embedded identiblue services in the app of a Relying Party or Distribution Partner and biometrics are securely transmitted for storage only by the identiblue service.
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MUST NOT conduct any other biometric data collection activities (non-identiblue services) unless all of the following apply:
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those activities are expressly consented to by the person whose biometrics are being collected, and
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The collection of biometrics is permitted by law, and
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The collection process is obviously separate from identiblue processes, from a user perspective. For example uploading a profile face image to be displayed on the relying party’s website.
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MUST NOT FALSELY state, purport represent, imply, claim directly or indirectly or otherwise suggest that another activity or service is an identiblue service when it is in fact NOT an identiblue service.
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MUST NOT utilise identiblue services for any purpose that has not been expressly authorised in writing by Blue and has been consented to by the identiblue identi owner via identiblue’s processes for such consent.
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MUST conduct their business in compliance with the law of the jurisdictions in which they operate.
8. About the identiblue service
(a) identiblue services whether via the identiblue app or embedded in the app of another business are collectively referred to in this guide as the 'identiblue service/s'.
(b) The identiblue service is operated by Blue. Access to and use of the identiblue service, or any of its associated Products or Services, is provided by Blue. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the identiblue app, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of all identiblue services and apps, immediately.
(c) Blue reserves the right to review and change any of the Terms by updating its website and or app at its sole discretion. When Blue updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records or contact us for a copy.
9. Acceptance of the Terms
You accept the Terms by using or browsing the identiblue app or identiblue services embedded in the app of another business or organisation. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Blue or partners in the user interface of apps and websites.
10. Set-up
(a) In order to access the identiblue services, you must first enrol for an ‘identi’, a reusable digital identity account, through the identiblue services.
(b) You confirm that you are authorised to provide the personal details presented and you consent to your information being checked with the document issuer or official record holder directly via third party systems for the purpose of confirming your identity.
(c) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including the below details.
(d) You warrant that any information you give to Blue in the course of completing the set-up process will always be accurate, correct and up to date.
(i) Email address
(ii) Full name
(iii) Country of residence or address
(iv) Mobile phone number
(v) Date of birth
(vi) Place of birth
(vii) Other personal information or other information you provide
(e) Once you have completed the registration process for a consumer, you will be a registered member of the identiblue service ('Member') and agree to be bound by the Terms.
(f) You may not use the identiblue services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Blue; or
(ii) you are a person barred from receiving identiblue services under the laws of Australia, England or the United States of America or other countries including the country in which you are resident or from which you intend to use the services.
11. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use identiblue ervices only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your identiblue services.
(d) access and use of the identiblue service is limited, non-transferable and allows for the sole use of the identiblue service by you for the purposes of Blue providing the services.
(e) you will not use identiblue services for any illegal and/or unauthorised use which includes collecting email addresses or mobile numbers of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the identiblue service;
(f) Appropriate legal action will be taken by Blue for any illegal or unauthorised use of the identiblue service; and you acknowledge and agree that any automated use of the identiblue service or its services is prohibited.
(g) You will not, nor allow third parties on your behalf to (i) make and distribute copies of the identiblue service (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the identiblue service; or (iii) create derivative works of the identiblue service of any kind whatsoever.
(h) You acknowledge that the terms of agreement with your respective service provider (e.g. mobile network provider, internet service provider) will continue to apply when using identiblue services. As a result, you may be charged by your provider for access to network connection services for the duration of the connection while accessing the identiblue service or any such third party charges as may arise. You accept responsibility for any such charges that arise.
12. Free services
(e) The identiblue service is currently made available to you (as a consumer) free of charge, as part of services you are receiving from Blue. Blue the right to amend or withdraw the identiblue service, or charge for the identiblue service or service provided to you in accordance with these Terms, at any time and for any reason, provided always that if we amend these Terms you have the option to cease using the identiblue service and end this agreement.
13. Beta
You acknowledge that until further notice identiblue services are undergoing beta testing and that Blue reserves the right to alter services, performance, availability and features at its own discretion.
14. Copyright and Intellectual Property
(a) The identiblue service and all of the related products of Blue are subject to copyright and other intellectual property rights. The material in the identiblue services is protected by copyright under the laws of Australia, United Kingdom and the United States and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the identiblue service (including but not limited to text, graphics, logos, button icons, video images, audio clips, identiblue service, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Blue or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Blue, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
(i) use the identiblue service pursuant to the Terms;
(ii) copy and store the identiblue service and the material contained in the identiblue service in your device's cache memory;
(iii) print pages from the identiblue service for your own personal and non-commercial use; and
(iv) Use other materials Blue expressly provides for use to you.
(c) Blue does not grant you any other rights whatsoever in relation to the identiblue service. All other rights are expressly reserved by Blue.
(d) Blue retains all rights, title and interest in and to the identiblue app and services and all related Services. Nothing you do on the identiblue app or in relation to the identiblue services will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(e) You may not, without the prior written permission of Blue and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the identiblue service, which are freely available for re-use or are in the public domain.
15. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Blue will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the identiblue service is at your own risk. Everything on the identiblue website, app and the identiblue services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Blue make any express or implied representation or warranty about the identiblue services or any products or services (including the products or services of Blue) referred to on the identiblue service. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the identiblue service, the Services, or any of its Services related products (including third party material)
(iii) costs incurred as a result of you using the identiblue service, the Services or any of the products of Blue; and
(iv) the identiblue services or operation in respect to links which are provided for your convenience.
(d) We will use reasonable efforts to make the identiblue service available at all times. However you acknowledge that the identiblue service is provided over the internet and mobile networks and so the availability of the identiblue service may be affected by factors outside Blue’s reasonable control.
(e) You acknowledge that Blue only acts as a services provider of this identiblue service which you access and/or use and is not and will not be a party to any arrangement between you and relying parties or other businesses or organisations.
16. Competitors
If you are in the business of providing similar services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Blue. Competitors are not permitted to use or access any information or content on identiblue services. If you breach this provision, Blue will hold you fully responsible for any loss that we may sustain and hold you liable for all profits that you might make from such a breach.
17. Limitation of liability
(a) Blue's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed 500 GBP.
(b) You expressly understand and agree that Blue, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Blue as set out below.
(b) Blue may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Blue is required to do so by law; or
(iii) the provision of the Services to you by Blue is, in the opinion of Blue, no longer commercially viable.
(c) Subject to local applicable laws, Blue reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the identiblue services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Blue's name or reputation or violates the rights of those of another party.
(d) You may terminate using identiblue by the ‘Delete Account’ button in the app or by contacting us for assistance. Please do not uninstall the app until you have received confirmation via app notification, email or phone that your identi has been closed, so that we can ensure a smooth and secure process for identi closure. As there are no lock-in contacts no cooling off period is applicable.
19. Indemnity
(a) You hereby agree to indemnify Blue, its affiliates, directors, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your usage of the identiblue service and/or Services;
(ii) any direct or indirect consequences of you accessing, using or transacting on the identiblue service or attempts to do so; and/or
(iii) any breach of the Terms by you.
20. Dispute Resolution
(a) Disputes between you and another party such as an identiblue relying party or distribution partner or another identiblue member or a third party supplier should be resolved directly through that other party.
(b) For disputes between you and us (IDR) we will utilise the following process. We aim to:
(i) Promptly acknowledge your complaint by the end of the next business day
(ii) Respond to your complaint in a timely manner
(iii) Resolve complaints as soon as practical, preferable within 14 days
(iv) Keep you updated if there are delays in the process
(v) Inform you of the outcome of our investigation and inform you of other options to complain.
For dispute matters where IDR or similar processes are not applicable the following applies:
(c) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(d) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(e) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Society of Mediators or their nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in London UK or another the location chosen by Blue
(f) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(g) Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21. Venue and Jurisdiction
(a) You hereby irrevocably submit to the exclusive jurisdiction of courts exercising jurisdiction of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
(b) You hereby irrevocably waive off any right you have to object to the venue of any legal process in the courts described in clause 15(a) above on the basis that any proceeding arising out of or in connection with these Terms has been brought in an inconvenient forum; or the courts described in clause 15(a) do not have jurisdiction.
22. Governing Law
The Terms are governed by the laws of England and Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of England and Wales, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
ENDS
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