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Terms & Conditions

Terms and Conditions

 

About these terms and conditions

These terms and conditions (“Terms”) will govern the contract for the supply of Chirpy Check to you (“Contract”). Please read these Terms carefully before purchasing a subscription to Chirpy Check.

Please note that you will be asked to agree to these Terms by ticking the box immediately before you click the “Register” button at the end of the Summary page on the Website. By clicking this button, you confirm that you accept these Terms. If you do not agree with these Terms, you will not be able to order Chirpy Check.

You will be provided with a copy of these Terms in the Welcome E-mail. We may occasionally update these Terms following section C5 below.

These Terms, any Contract between us, and any communications or documents are only in the English language and shall be construed following the laws of England & Wales.

 

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (SECTION C2), THE LIMITATIONS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE FEATURES OF Chirpy Check (SECTIONS B1, B2 AND B3) AND HOW YOU CAN CANCEL YOUR SUBSCRIPTION (SECTION A4).

 

Information about us and how to contact us

Chirpy Check is provided by Reeks Marketing Ltd, which is a company registered in England and Wales at Companies House. Our registered office is Reeks Marketing Ltd, 24 Toluca Close, Bournemouth, England, BH9 1FH, and our registered number is 13946775.

You can contact us using the following link https://chirpycheck.com/contact-us/ or you can also write to us at Chirpy Check, Reeks Marketing Ltd, 24 Toluca Close, Bournemouth, England, BH9 1FH.

 

Definitions


Where the following words are used in these terms and conditions, they will have the meanings shown below:

  • Credit Report Alert – an alert we send to you in accordance with section B1 to notify you if there have been any changes or updates to your Monitored Credit Data.
  • Credit Data Database – a database of personal credit information collected from legitimate credit reporting sources.
  • Monitored Credit Data – the items of credit-related personal data that you register with us after purchasing the Credit Watch service, which may be updated or added to by you in the Membership Area during your Subscription. This can include details such as your credit history, credit scores, loan accounts, and other related financial data that we can monitor as part of the Credit Monitoring feature outlined in section B1.
  • Month – the period starting on the Start Date and ending on the day preceding the same day of the month in the following month, and each successive period of one month during your Subscription (e.g., if your Subscription started on 15 January, your first month will run from 15 January until 14 February inclusive).
  • Monthly Fee – the amount payable each month to begin and continue your Subscription. Unless changed in accordance with section A3, each Monthly Fee will be the same amount as the first Monthly Fee payable. Details of the Monthly Fee can be found in the Welcome E-mail.
  • Credit Watch – the collection of service features detailed in these Terms.
  • Start Date – the start date shown in your Welcome E-mail.
  • Membership Area – the area of the Website available only to you, including your Profile, dashboard, Alerts, Monitoring section, and Credit Risk Profile.
  • Subscription – your subscription to Credit Watch for which you pay the Monthly Fee.
  • United Kingdom – England, Scotland, Wales, and Northern Ireland.
  • We, Us, Our, Reeks Marketing Ltd – Reeks Marketing Ltd.
  • Website – the website at https://chirpycheck.com/
  • Welcome E-mail – the e-mail sent under section A2:2 after you have placed an order to receive Credit Watch from us, confirming that our Contract has been concluded. This will contain a copy of these Terms and confirm other information relevant to the Subscription.
  • You, Your – the person who has purchased, and is entitled to use, Credit Watch, whose name appears in the Welcome E-mail.

 

A: Chirpy Check Subscription

 

A1: Conditions of Subscription and your status

By placing an order through the Website, you agree that:

  1. You are 18 years old or over and you are resident in the United Kingdom.
  2. You will provide us with full and accurate information in relation to your Subscription.
  3. You will give us notice if you change any of the contact details you give us when applying for your Subscription and you will tell us as soon as possible by calling us on the relevant number given in your Welcome E-mail or using the Membership Area where applicable.

 

A2: How the Contract is formed between us and who is entitled to use Chirpy Check 

  1. All orders for Chirpy Check from the Website must be placed using the order facility provided on the Website. When you submit an order for Chirpy Check, you are offering to purchase Chirpy Check from us at the price indicated on the Website. The process is as follows:
  • select Chirpy Check and then proceed to the checkout pages;
  • you will need to provide certain personal information relating to your order;
  • once you have submitted this information, you will then be asked to insert your payment details so that we may process payment of your first monthly Fee;
  • you will then be taken to the “Summary” page, which will summarize the key information relating to your order for Chirpy Check.
  • Before you submit your order, you will have the opportunity to check and identify any input errors. You may correct those input errors before placing your order. It is your responsibility to ensure that your order is correct before submitting it to us. Please ensure that you enter complete and accurate information about you.
  1. Once you place your order, our acceptance of your order will take place as described below:
  • When you click the “Register” button you will be redirected to the ’Confirmation’ page, which will let you have your Subscription number. Please note that your Subscription will not start until we have accepted your order (see (3) below).
  • By submitting an order to us through the Website, and by clicking the “Register” button, you confirm that the payment details provided on your order are valid and correct and that once your order has been accepted and processed by us (see sections (3) to (4) below for information about how and when a legally binding contract is formed between us), payment will be made in full. By placing an order, you confirm that you are the person referred to in the payment details.
  • Acceptance of an order placed on the Website and the formation of the Contract between you and us will take place when we send you the Welcome E- mail.
  • If we are unable to supply you with Chirpy Check (e.g. because of an error in the price on the Website) we will inform you of this, and we will not process your order. If you have already paid the monthly fee, we will refund you the full amount as soon as possible, and in any event within 5 days.
  • ACCEPTANCE BY US OF ANY PAYMENT MADE IN CONNECTION WITH Chirpy Check DOES NOT CONSTITUTE ACCEPTANCE OF YOUR ORDER. A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL WE SEND THE WELCOME E-MAIL. WE WILL NOT BE OBLIGED TO SUPPLY THE SERVICE UNTIL THEN.
  • If at any point there are any problems with your order, please contact us using the details set out in the “Information about us” section above or in the Contact Us page on the Website.
  1. Only you are entitled to use your Chirpy Check Subscription. Please see C1(4)(f) and c2(5).

 

A3: Length of Subscription and payments

  1. Your Subscription runs from the Start Date and will continue on a month-to-month basis, in return for you paying each monthly fee, until you or we cancel your Subscription. You will be charged a fee of 0.20 for verification and authentication purposes and a fee of 39.95 for your first month’s subscription and activation of the service.  For the avoidance of doubt, please note that the verification fee of 0.20 will be charged instantly after you provide your sign-up information and payment details, whereas the fee of 39.95 for the full subscription will be pre-authorized after a week.
  2. We will collect the monthly Fee of 39.95 for each month from the payment card you nominate. Should this payment fail we will attempt to take 39.95 at regular intervals until successful.
  3. We do not specify an exact billing date as we do not process on UK Public Holiday’s, however payment will only be taken a minimum of the relevant calendar month interval.
  4. We will advise you of any changes to the monthly Fee in advance, at least a month before such changes take effect. If you do not wish to accept our proposed changes to the monthly Fee, you should cancel your Subscription following section A4 before the end of the month before the date on which we tell you such changes will take effect.

 

A4: How you cancel your Subscription

Your legal right to cancel

  1. You have a legal right to cancel the Contract during the period set out in section A4.2 (“Cancellation Period”) without giving any reason. This means that during the Cancellation Period, if you change your mind or decide for any other reason that you do not want to receive or keep the Subscription, you can notify us of your decision to cancel the Contract and receive a full refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
  2. Your legal right to cancel the Contract starts from the Start Date, which is when the Contract between you and us is formed. Your deadline for canceling the Contract by your legal rights ends at the end of 30 days after the Start Date.
  3. To exercise the right to cancel, you must inform us by a clear statement (e.g. a letter sent by post or e-mail) or by submitting a cancellation request via the cancellation form available on our support page https://chirpycheck.com/contact-us/ , which is shown as the payment descriptor.
    Alternatively, please exercise your right to cancel by contacting us at the address or e-mail address or by calling us on the number set out in the “Information about us” section above.  Regardless of which option you choose to exercise your cancellation rights,  will communicate to you an acknowledgment of receipt of such a cancellation on a durable medium (e.g. by e-mail or letter) without delay.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication exercising the right to cancel before the Cancellation Period has expired.
  5. If you exercise this right to cancel within the Cancellation Period, we will make the reimbursement:
  • without undue delay, and not later than 14 days after the day you inform us of your decision to cancel the Contract; and
  • using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement.
    1. Further information about your legal right to cancel and an explanation of how to exercise it will also be provided in the Welcome E-mail. The model cancellation form will be included in the Welcome E-mail.

 

Cancellation after the Cancellation Period

You also have the right to cancel your Subscription after the end of the Cancellation Period. You can exercise your right to cancel by contacting us at the address or e-mail address, by calling us on the number set out in the “Information about us” section above, or by submitting a cancellation request via the cancellation form available on our support page, which is shown as the payment descriptor.. If you exercise this right to cancel, then your Subscription will be cancelled at the end of the have already paid to us. Depending on when in a month cancel your Subscription, we may still take payment from you for the next month on the next scheduled payment date. If this happens, we will refund you this payment in full within 5 days.

A5: How we may cancel your Subscription

  1. We have the right to cancel your Subscription on written notice to you at any time:
  • if you do not pay the monthly Fee on the date it is due; and/or
  • if, at any time, you give us false information in relation to the purchase of your Subscription.
  • if, at any time, you make inappropriate use of your Subscription and Membership area, including fraudulent and/or negligent use of the Monitoring Services.
  1. If we decide to cancel your Subscription for any of the reasons in section A5:1 above, your Subscription will end on the date set out in our notice to you and you will not be entitled to a refund of any monthly Fees paid to us.
  2. We also have the right to cancel your Subscription:
  • on written notice to you at any time where it is impossible for us to continue providing Chirpy Check as a result of any part of or all of Chirpy Check breaching applicable laws or regulations;
  • at any time, by giving you 30 days’ notice.
  1. If we have to cancel your Subscription for any of the reasons in section A5:3 above, you will receive a refund of the proportion of the monthly Fee that is applicable to the unused portion of your Subscription for the month in which we cancel your Subscription.

 

B: Credit Report and Score

 

  1. We need to obtain your credit report information from legitimate credit reporting sources., whom we pay to access your data, to provide credit reporting and score services to you. By activating the credit reporting and score services, you agree that we may use the information from your credit report in this manner.

 

  1. We will provide you with ongoing credit reports and credit score updates through your member’s area once you have activated your account and we have successfully validated your identity.

 

 

  1. We will also provide you with your most recent credit score. Your credit score reflects your credit history and your likelihood of obtaining credit. This is available online and is updated daily.

 

  1. The credit reporting and score services will only provide you with information for your guidance and information. Businesses that conduct credit checks on you will gather information from a variety of sources and use their own criteria to make decisions. You should not rely on the information we provide, and we cannot be held responsible or liable if you do rely on it or take action based on it. 

 

 

C: General conditions

 

C1: Transfer of rights and obligations

  1. Your Subscription is non-transferable. This means that only you are entitled to the rights given to you under the Contract. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  2. You must not use your Subscription to monitor data that does not belong directly to you. We reserve the right to terminate your membership should you make improper use of your membership.
  3. You are responsible for maintaining the confidentiality of your login, password and Account and for all activities that occur under your login or Account on the Membership Area. We reserve the right to access your Account to respond to your requests for technical support.
  4. You acknowledge and agree that you must not (and must not allow any third party to):

(a) sublicense, sell, rent, lease, transfer, assign, timeshare or otherwise commercially exploit or make the Membership Area available to any third party without our consent;

(b) copy, disclose, rent, lease, sell, transfer, distribute, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the Membership Area or its underlying components or code;

(c) modify, adapt or hack the Membership Area, or otherwise attempt to gain unauthorized access to the Membership Area or its related systems or networks;

(d) transfer to or use the Membership Area except as expressly authorized under the Terms & Conditions or by us;

(e) use the Membership Area in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Membership Area or the Service or their respective components; or

(f) use the Membership Area or information accessed via the Membership Area in any manner that violates the rights of any person, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity.

  1. You must comply with any codes of conduct, policies, or other notices that we provide you with or publish in connection with the Membership Area, and you shall promptly notify us if you learn of a security breach related to the Membership Area.
  2. We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under the Contract.
  3. We may engage someone else to perform all or any of our obligations under this contract on our behalf but only to someone who we reasonably believe is capable of performing them properly. We will notify you if we do this and we will tell you who is performing our obligations. You acknowledge that the functionality of the Membership Area may be changed by us during the term of the subscription.
  4. You acknowledge that we periodically monitor your Membership Area and/or your Data. You further agree that we may remove or disable any content or any Data at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the foregoing).
  5. We will make best efforts to operate the Membership Area using secure and stable processes. You understand that the operation of the Membership Area and the underlying Service may involve transmissions over various networks, changes to conform and adapt to technical requirements of connecting networks or devices as well as transmission to our and our third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Membership Area and the Service respectively.
  6. You are responsible for obtaining and maintaining any equipment needed to use the Membership Area and the Service. You are also responsible for maintaining the security of the equipment, your Account, passwords (including, but not limited to, administrative and user passwords) and files, and for all use of your Account or the equipment with or without your knowledge or consent.

 

C2: Our liability to you

  1. We only supply Chirpy Check for domestic and private use. You agree not to use Chirpy Check for any commercial, business or re- sale purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms, or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
  3. We do not in any way exclude our liability (if any) to you for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  4. We warrant to you that Chirpy Check will be provided to you in accordance with the Terms and will be provided with reasonable skill and care. However, we cannot guarantee that the Website or the telephone support set out at section B2 will be available at all times and will operate uninterrupted and error free but in the event that there any performance issues affecting the Website or the telephone support set out at section B2 we will take reasonable steps to limit any interruption to the service and to resume the provision of the service as soon as possible.
  5. We will not be liable or responsible for any loses or damages resulting from your own failure to use your Subscription and Membership Area in accordance with these Terms & Conditions. For example, should you fail to abide by section C1 above, resulting in violation of the rights of any person, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity.
  6. We will not be liable or responsible for any failure to perform the Chirpy Check service, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  7. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  • we will take all reasonable steps to prevent and minimize any delay; and
  • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Chirpy Check service to you, we will resume performance of the Chirpy Check service as soon as the Event Outside Our Control is over.
  1. NOTHING IN THESE TERMS WILL AFFECT ANY OTHER RIGHTS YOU MAY HAVE IN LAW. YOU CAN OBTAIN FURTHER INFORMATION ABOUT YOUR LEGAL RIGHTS FROM YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZEN’S ADVICE BUREAU.

 

C3: Other important terms

  1. If we fail to insist that you perform any of your obligations under the Contract 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.
  2. The Terms are governed by English law. This means a Contract for the purchase of the Service through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have exclusive jurisdiction.

 

C4: Complaints

If you want to make a complaint, please email us at complaints@chirpycheck.com. You can also write to our postal address: Chirpy Check, Reeks Marketing Ltd, Reeks Marketing Ltd, 24 Toluca Close, Bournemouth, England, BH9 1FH.

Every effort will be made to respond to the complaint as soon as possible. If the complaint cannot be resolved within five working days working days, you will be sent an acknowledgement letter to keep you informed of progress. We will contact you again within 30 calendar days from when you first contacted us with the complaint.

 

C5: Changes to these terms and conditions

  1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in law, regulation or the requirements of a government or regulatory authority, changes in payment methods and to implement enhancements or improvements to the Chirpy Check service, provided that, in the case of revisions to these Terms which implement enhancements or improvements to the Chirpy Check  service, you will never receive a reduced service to that described to you when you purchased the Subscription.

Should we make available any additional subscription packages to our customers at any given time, we will be required to update these terms & conditions accordingly.

  1. If we have to revise the Terms as they apply to your order for Chirpy Check, we will contact you to give you reasonable advance notice of the changes. If you do not agree with the revised Terms, you will be able to cancel your Contract and receive a refund for any monthly Fee you have paid for the month in which the changes take effect.

C6: Recording calls

We record all phone calls to us. We do this to provide a record of the instructions we have received, allow us to monitor quality standards, help us with staff training and meet legal and regulatory requirements. Please refer to our Privacy Policy.

C7: Third Party Rights

This Contract is between you and us. No other person shall have the right to enforce any of its terms.

 

Privacy Notice – How Reeks Marketing Ltd uses your personal information

At Chirpy Check, we believe that privacy matters. It is at the heart of the services that we offer our customers, which aim to reduce the risk of damage caused by breaches and, overall, to strengthen the safety of your sensitive data.

For this reason, we only handle and store the minimum possible personal data that is essential for the provision of our services to you and only during the time that said data is needed. But we do not only comply with the core principles of the General Data Protection Regulation as, for your safety, all personal data in your Membership area will also be fully anonymized and encrypted- which means that no one will be able to see what data you enter, not even us.

For a detailed description of our data processing principles, please see in full our Privacy Policy. We strongly encourage you to read our Terms & Conditions together with our Privacy and Cancellation Policies, as they are supplementary to one another.