Toolcheck | Terms & Conditions - ToolCheck.ie

Terms & Conditions

The details that you enter on www.toolcheck.ie will be stored and used in line with the terms and conditions below.

DEFINITIONS

In the terms and conditions below the following words have these meanings.

  • "services" The service(s) is the storage of information supplied by the user or their agent relating to the user(s) equipment and contact details.
  • "user(s)" The user(s) is the individual or company or organisation that has supplied, or had supplied by their agent, their equipment and contact information.
  • "database" The database is the system on which the information is held. The database belongs to Toolcheck and your data will be administered by Toolcheck in line with these Terms and Conditions for as long as your data is stored on the database
  • "agent" An agent is a company or organisation that with the user’s permission has put their information on the database, this may include a retailer, insurer, network or other authorized authority.
  • "Police" Police means any Police force.
  • "information" Information means any information stored on the database.

THE SERVICES

The services to be provided by Toolcheck shall be the storage of information supplied by the user or their agents relating to the user and the user's equipment and the provision of a service that allows users of the service or the Police to search and identify as to whether equipment registered by any other user has been stolen. Toolcheck may forward any information on stolen equipment found under a search by any user to the Police.

The user or their agent shall only supply to Toolcheck information relating to equipment that is owned by the user or for which the user is contractually or legally responsible.

The use by the user of the services does not confer on the user any special ownership or storage rights in relation to any equipment and the user will be subject to the normal policies, terms and procedures of recovery organisations in relation to the retrieval of equipment (which may include the requirement for security checks) and the storage of equipment (which may include the right to dispose of equipment after a specific period regardless of whether or not the user has supplied information relating to the equipment to Toolcheck).

The user shall be responsible for maintaining the confidentiality of the user's username and password used at the time of registration.

The user shall notify Toolcheck immediately of any unauthorised use of the user's username or password.

The user acknowledges that the service is provided by Toolcheck for the user's use only and, accordingly, the services may not be exploited commercially by the user.

Acceptance of the services by the user constitutes automatic acceptance of the Terms.

CHARGES

Registration and use of the Toolcheck database is subject to an annual registration fee which is automatically renewable 7 days in advance of the renewal anniversary unless notified otherwise prior to the renewal anniversary. Cancellation after automatic renewal but prior to the renewal anniversary will be non‐chargeable. Cancellation of the automatic renewal after the renewal anniversary but within 14 days of the renewal anniversary shall incur an administration charge of £25. Cancellation of the automatic renewal 14 days after the renewal anniversary will be non‐refundable.

The use of the service can be terminated by the user at any time, with no notice. Any annual fee shall be non‐refundable.

Toolcheck may terminate the service and will use the information provided in the account to give 28 days' notice. Refund of the annual registration fee is at the discretion of Toolcheck.

TOOLCHECK WARRANTY

Toolcheck shall perform the services with reasonable skill and care.

Subject as set out above, all conditions, warranties, terms and undertakings (express or implied and statutory or otherwise) in respect of the performance by Toolcheck of the services are excluded to the fullest extent permitted by law.

LIMITATION OF LIABILITY

The user acknowledges that:

  • the services are limited to the provision and access to the database;
  • Toolcheck will be relying on the accuracy of information provided by the user or their agent and the user or agent is responsible for keeping the information on their account up to date;
  • Toolcheck may provide access to the information obtained from the user (which may include telephone number and postal address) to the Police in order that the user may be contacted so that any recovered items can be returned and any criminal activity relating to the recovered item can be investigated. Toolcheck may use information held on the database to contact a user or their agent to assist in the repatriation of equipment previously reported stolen;
  • information provided to the Police will only be used to repatriate recovered equipment and may be used to investigate any criminal activity surrounding the equipment;
  • Toolcheck may not be held liable if the Police decide not to make use of the database when or if equipment is recovered and may not be held liable if the Police decide not to make use of the database in the course of any prosecution for equipment stolen and / or recovered;
  • Toolcheck may not be held liable should equipment registered on the database not be found should it be stolen;
  • Toolcheck's entire liability (including any liability for the acts and omissions of its employees, agents or sub‐contractors) to the user in respect of any breach of the use of the system between Toolcheck and the user and any negligent act or omission arising in connection with such use shall be limited to damages of an amount equal to the renewal fee for the 12 months immediately preceding the breach, act or omission;
  • Toolcheck (and its employees, agents and sub‐contractors) shall not be liable to the user for loss of business, profits, contracts or goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the user as a result of an action brought by a third party) even if such loss was reasonably foreseeable or ToolCheck had been advised of the possibility of the user incurring the loss;
  • Nothing in the use of the service shall limit Toolcheck's liability to the user for death or injury resulting from its own negligence or from fraud;
  • Information held on the database will not be made available to any third parties; however Toolcheck will send occasional reminders and updates about the service which may include references to third party products and services, and may also contact you in the event your item is recovered and let you know its location. Toolcheck reserves the right to use the data to validate the authenticity of the information provided by the user and or other data in order that the data is accurate and up to date.

FORCE MAJEURE

Toolcheck shall not be liable for any breach of its obligations from the use of this service resulting from causes beyond its reasonable control, including but not limited to fires, strikes (of its own or other employees), insurrection or riots, requirements or regulations of any civil or military authority and inability to obtain services from third parties.

INDEMNITY

The user undertakes to indemnify and hold harmless Toolcheck (and its employees, agents and sub‐contractors) against any loss or damage that they may suffer as a result of a breach by the user of the use of the service.

VARIATION

Toolcheck reserves the right to alter the terms of the service at any time subject to notifying the user on the ToolCheck web site or via an email directed to the email address stored within the users account.

ASSIGNMENT

The user shall not be entitled to assign the benefit of the service.

TERMINATION

Toolcheck reserves the right to terminate a user’s account should they be found to be using the Toolcheck service for illegal activity or in assisting any other third party in illegal activity. Should it be found that a user is using the service for illegal activity then the user details held on the account may be forwarded to the Police.

CONTRACT

The clauses in these terms and conditions are for the purpose of information and identification only and shall not be construed as forming part of any contract.

LAW

The terms of the service shall be governed by and construed in accordance with English law and the parties agree to submit to the non‐exclusive jurisdiction of the English courts.