Where the capitalised words below appear in these Terms, Privacy Policy or Cookies Policy they have the following meanings:

"Agreement" means the agreement between you and LVL which is formed on the acceptance of your Application by LVL and which is subject to and incorporates; 1) these Terms (as set out in Part A and Part B below) and; 2) the specific terms of the CheckMyWeb offer presented to you during the online registration process (as summarised in the Welcome E-mail).

 “Alert” means the notification you receive after an Asset has been located through the Public & Dark Web Scanning Service.

"Application" means your application for the Membership, which will be considered by LVL prior to the commencement of the Term.

“Assets” means the Personal Information you upload to your Dashboard to be scanned under the Public Web & Dark Web Scanning Services.

“Dashboard” refers to the Website interface from which the Member can configure the monitoring of their Assets, view their Alert history as well as access to important information and know-how.

"Detected Information" means any documents, notifications or information collected and delivered to you by LVL as part of or during the provision of the Public Web & Dark Web Scanning Services.

"Membership" means membership which is granted to you by LVL and which makes the provision of the Service available to you (as a “Member”).

“Member Account” means the personal account made available as part of your Membership which allows you access to the Service.

“Membership Fee” means the fee you pay LVL for your Membership.

"Membership Restrictions" means the restrictions set out in Part B, clause 2.

"Personal Information" means any information, data, documents and files belonging to you which you register or input into the Website.

"Public Web & Dark Web Scanning Services" means the data scanning services described in Part B, clause 2.

“Primary Email Address” means the email address you provided when you enrolled into the Service.

"Service" means the services which will be provided to you by LVL and its subcontractor(s) as part of your Membership as specified in Part B including the Website and VPN App.

"Subcontractor" means a supplier of web monitoring services and/or VPN to Us and which forms part of the Service.

"Term" means the duration of your membership until terminated or cancelled.

“VPN App” means the virtual private network application for compatible mobile devices made available to the Member as part of the Service, further described at Part B, clause 1.3.

"Website" means the website which the Member, by connecting to their Members Account, can access the Service: [www.check-my-web.com].

"Welcome E-mail" means the e-mail sent to you, upon LVL accepting your Application, detailing your Membership information.

2.1 To be a Member you must be:

    2.1.1 18 years of age or older; 

     2.1.2 A resident of the United Kingdom with a UK registered credit or debit card; and

2.2   Your Membership is only available at the discretion of LVL and LVL reserves the right, at its sole discretion, to refuse any person from becoming a Member. We may terminate or adjust your Membership in accordance with clause 6.2 (Termination by LVL).

LVL’s obligations

3.1 Provided you comply with the requirements set out in these Terms, we agree to provide you the Membership and accompanying Service, for the term of this Agreement.

3.2 We will endeavour to make the Website available 24 hours a day, 7 days a week. However, there may be times when we are unable to make the Website available due to technical, operational reasons, such as scheduled maintenance shutdowns, or for other commercial reasons.

3.3 LVL will use its reasonable skill and care in supplying you with the Service and you acknowledge and agree that the Service has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.

Your obligations

3.4 You are required to use the Service in accordance with these Terms and in an honest and ethical manner. Failure to do so may result in the immediate termination of any membership or multiple memberships. 

3.5 You are responsible for your Membership, and respective use of the Service, and must promptly notify Us of any unauthorised use of your Membership and/or Service.

3.6 You are permitted to have only one Membership at any given time. We reserve the right to cancel any additional memberships we consider to be owned by you.

3.7 You must promptly inform LVL of any change to your Primary Email Address or any other details submitted by you as part of the registration process. If you wish to change your contact details, you can do so under the “Profile and Billing” page of the Website. You are responsible for ensuring that all information provided when you registered for the Service, remains valid and up to date during your Membership.

3.8 To gain access to the Website, you must have internet access, an email address and a password.  You agree to keep your password private so that it cannot be used by any other person. We will not be liable for any damages, losses or expenses suffered by you or any third party as a result of any unauthorised person gaining access to any of the "Member only" areas of the Website where we are not at fault.

3.9 Any printed material and software we provide you remains the exclusive property of LVL. You agree not to publish, retransmit, broadcast or otherwise reproduce in any medium any information or software made available to you other than for the purpose of receiving the Services.

3.10 You must use your Membership and the Service for your personal use only and not for any commercial, business or resale purposes.

3.11 We draw your attention specifically to the fact that we may use the services of financial institutions or bank's subcontractors, which are subject to legal reporting requirements. In such circumstances, these financial institutions or bank's subcontractors may carry out identity, credit reference and fraud prevention checks whenever processing any financial transaction. Any information, which is processed by way of transfer to such financial institutions or bank's subcontractors, is intended for this specified purpose only. Please note that such credit reference and fraud prevention agencies may disclose the fact that a check was made for the purposes of fraud prevention.

4.1 The Membership Fee, as notified during the registration process and confirmed to you by email shortly after registration (via the Welcome E-mail), will be charged on a monthly basis (unless set out otherwise during the registration process). Payment of the Membership Fee will allow you to continue your Membership and to receive the Service subject to these Terms.

4.2 The Membership Fee will be billed automatically to your designated payment vehicle (which you can change at any time in your Member Account), which may include credit or debit card, unless and until the Agreement is cancelled or terminated by you or LVL. We may from time to time change the Membership Fee and/or the frequency at which we bill your Membership Fee but will give you at least 30 days prior notice before doing so. In the event of any such change, we draw your attention to your general right of termination set out in clause 6.1.1 below.

     6.1.2 If you terminate your Membership, you have the right to use the Service for the rest of the Initial Period or Relevant Period (as the case may be). At the end of such period, termination will take effect and you will no longer have access to the Services, nor any obligation to pay any further Membership Fee.

6.2 Termination by LVL

On notice

    6.2.1  LVL has the right to terminate your membership at any time and for any reason on thirty (30) days written notice. Reasons may include, but are not limited to, cessation of the Service. In the event we terminate under this clause 6.2.1, we will reimburse your Membership Fee for the Initial Period (if applicable) or Relevant Period, as the case may be, prorated for the portion of the remaining period.  you will immediately cease using or receiving the Service from the effective date of termination. The notification will be sent to the Primary Email Address. LVL will not be responsible for any non-receipt of notice by Member where such failure is caused by any reason outside  our reasonable control, including, but not limited to non-receipt due to; an error in your Primary Email Address, an inaccurate Primary Email Address, your failure to check your email online, your failure to inform LVL of a change in your Primary Email Address or a failure of the Internet.

Without notice

     6.2.2  We can terminate your Membership without notice with immediate effect and at our discretion. Valid reasons may include, but are not limited to:

          (a) if we are unable to meet a request for additional authentication from your card issuer.  To reactivate your Membership, you would need to sign up with a card issued by a different bank.

          (b) if the Primary Email Address you provided is no longer valid.

          (c)  if you provide an invalid payment method when you subscribed or if the means of payment you provided becomes invalid or expires during this Agreement. An invalid payment method can in particular comprise a lost or stolen credit card, a bank card that cannot be charged (fenced bank account or bank account where overdraft limit has been reached, for example) or an invalid credit card number.

          (d)  for any misuse or fraudulent activity (including, but not limited to, continuously (including more than one) enrolling and cancelling during a free Initial Period before being charged), any extraordinary activity which suggests fraudulent use beyond personal and domestic use of the Membership or Service.

          (e) you ceasing to be a resident within the United Kingdom;

          (f) breach of the terms of your Agreement and/or contravention of any of the Membership Restrictions.

6.3 Consequences of cancellation or termination

    6.3.1  If we terminate or cancel your Membership, your use and access to the Services will stop immediately.

    6.3.2  IMPORTANT: We reserve the right to, and you should note that We will permanently delete your Personal Information and/or any Collected Information after the Term and relevant retention period(s). For more information, please see our Privacy Policy.

A cancelling Member may not re-register to the Service for at least 6 months. If any additional memberships are detected during this 6 month period by way of name and/or address, email (or similar), payment details and/or bank account/IBAN We will cancel the membership(s).

9.1  We will only make changes to your Agreement where we have a valid reason to do so. We will notify you by e-mail or by notice on the Website regarding any material changes to the Services or your Agreement and will give you at least 30 days advance notice before making any such change. You are encouraged to read any revised Terms.

9.2  In the event of any such changes under clause 9.1, your continued use of the Service following the notice period constitutes your acceptance of the changes to your Agreement. If you do not agree to the changes, you may terminate your Membership as described in clause 6.1.1 (Termination by you).

10.1 Your Agreement (including these Terms) are governed by and interpreted in accordance with English law.

10.2 Disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of England.

This Agreement constitutes the entire agreement between you and LVL and supersedes any prior agreements between you and LVL regarding its subject matter. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

12.1 This clause 12 (and any other provision excluding or restricting Our liability) applies to LVL’s directors, officers, employees, subcontractors, agents and affiliated companies as well as to LVL.

12.2 Nothing in this Agreement in any way shall be deemed to limit or exclude LVL‘s liability for: (i) negligence causing death or personal injury; (ii) fraud or fraudulent misrepresentation; or for any liability which may not legally be excluded or limited under applicable law.

12.3 You acknowledge that the transfer of documents, files and information across an open network such as the internet carries security, corruption and other risks. We are not liable for any loss or damage you incur as a result of any documents, files or information being corrupted, degraded or intercepted in transit prior to reaching our network or for any failure or inability to access or use the Services at any time.

12.4 The Detected Information comes from a number of third party sources who may not always keep their information up-to-date. you agree that the Public and Dark Web Scanning Services, due to comprehensive monitoring capability, may alert you to out-of-date, obsolete or inaccurate information found within third party databases. For that reason, LVL does not offer any guarantee or warranty that the Detected Information is complete, accurate, up-to-date or error-free, of a satisfactory quality or fit for any particular purpose and we exclude all liability in this respect to the extent permitted by law.

12.5 LVL makes no representation or warranty whatsoever, express or implied that your access to the Website will be uninterrupted, timely, secure or error-free. LVL agrees to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Website. LVL does not warrant, guarantee or make any representations that the Website is entirely free of destructive material and LVL excludes all liability in this respect unless (and to the extent) attributable to our breach or negligence.

12.6 Except as expressly set out in your Agreement, LVL excludes all other promises to the extent we are legally allowed to exclude them. Please refer to your local Citizen's Advice Bureau or local trading standards office for information about your statutory rights and promises which LVL is not legally allowed to exclude.

12.7 LVL shall not be liable in any way in respect of your use of the Services.

12.8 The Website or the VPN App may contain hyperlinks directing to third-party websites. LVL makes no commitment regarding these third-party websites and cannot in any way be held responsible for the content or operation of these third-party sites, nor guarantee their compliance with applicable regulations.

12.9 WITHOUT PREJUDICE TO CLAUSE 12.2, YOU ACKNOWLEDGE AND AGREE THAT LVL’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT EQUAL TO THE MEMBERSHIP FEES PAID BY YOU IN ANY 12 MONTH PERIOD UNDER THE AGREEMENT.

12.10 SUBJECT TO CLAUSE 12.9, IN NO EVENT SHALL LVL BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF LOSS OR DAMAGE WHETHER OR NOT LVL WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ARISING: (A) ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMIT, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS OR ANY WASTED EXPENDITURE); (B) LOSS OF GOODWILL OR REPUTATION; (C) LOSSES THAT YOU INCUR THAT WERE NOT REASONABLY FORESEEABLE TO YOU AND LVL WHEN YOUR AGREEMENT WAS ENTERED INTO OR (D) LOSS OR DAMAGE ARISING FROM ANY ACT OR OMMISSION OF THE SUBCONTRACTOR.

You hereby authorise us to deliver any and all communications ("Communications"), including but not limited to Membership information, procedures on use of the Membership, changes in the Services and change in the Membership Fee, to Member's Primary Email Address.

LVL shall not be liable for any failure to perform or any delay in the performance of its obligations under this Agreement as a result of any act beyond its reasonable control, including but not limited to failure of public or private telecommunication systems, pandemic or epidemic, war, terrorism, invasion, an act of foreign enemy, hostilities (whether war be declared or not), riot, strike, civil commotion, civil war, revolution, insurrection or military or usurped power.

We may transfer or subcontract some or all of Our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. you may only transfer your rights or obligations under this Agreement to another person if we agree by e-mail or otherwise in writing.

If we fail to insist that you perform any of your obligations under this Agreement, 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.

If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

This Agreement shall constitute the entire understanding and agreement of the parties with respect to the subject matter hereof and will supersede any and all prior oral or written communications, representations or agreements, other than with respect to the Membership Fee and membership term to which you agreed at the time of your enrolment.

19.1 If you have cause for dissatisfaction and wish to complain about your Membership or any of the Services please contact customerservice@check-my-web.com, quoting your Membership number. We aim to promptly respond to our customers’ complaints at the initial point of contact.

19.2  If you are not satisfied with the initial response you have received, your complaint will be escalated to a Customer Care Advisor by the Customer Service team, who will aim to resolve your complaint as soon as practicable.

19.3 If you are still unhappy we recommend seeking advice from the Centre for Effective Dispute Resolution (CEDR). Alternative Dispute Resolution provided by bodies such as CEDR, provides a cheaper, flexible and less-stressful alternative to court proceedings.
 [AC1]This should be 19.3 AND NOT 20.3

1.1   An online dashboard with access to the Public & Dark Web Scanning Service (defined below) an online threat radar providing you with results of the scanning service and support services including account administration, customer services and articles.

1.2   Public & Dark Web Scanning Service

         A Member can upload Personal Information to the Website to be continuously scanned against the public, deep and dark web. The Member can be alerted where there has been an unauthorised disclosure.

Scanning & Monitoring Service

The public web refers to those parts of the internet that are easily accessible to the general public using standard search engines such as Google and Bing. The deep web refers to the part of the Internet which is not possible to locate using search engines. It includes both standard websites as well as large quantities of data which were intended to remain private. The dark web is an extension of the deep web that operates on encrypted internet connections and therefore inaccessible from a standard browser.

At the point of your enrolment into the Service, your Primary Email Address was registered as an Asset to the Public & Dark Web Scanning Service. you will be able to register up to a maximum of 10 credit and debit cards and 10 bank accounts to be scanned as well as other personal data such as address, email addresses and contact details.

You can access, add and delete Assets being monitored through your Member Account at any time. However, throughout your Membership, you must keep, as a minimum, your email address and name for scanning/alert purposes and use of the Services.  If you choose to delete an Asset, the relevant Personal Information (including any alerts identifying such Personal Information) will be deleted within 24 hours.

The Personal Information you register must belong to you. No information relating to any other individual may be registered for the Public & Dark Web Scanning Service. Breach of this term shall be deemed a material breach and LVL may terminate your Membership and Agreement immediately.

Public Web Scanning will start within 1 working day of the Personal Information you wish to be monitored, first being registered via the Website. Dark Web Scanning will start immediately of the Personal Information you wish to be monitored first being registered via the Website.

We cannot guarantee the completeness of the search or the finding of unauthorised mapped or used data on the Internet. Under certain circumstances, the scanning service (without your intervention) may also tell you that further data has been found about you at the location of your search results.

LVL may, in its sole discretion, remove, change, add or otherwise modify the categories of Personal Information you are able to register for the Public & Dark Web Scanning Service. If a category of data were to be deleted and the Member had uploaded it as an Asset, this data (as well as any alerts generated from this data) would be deleted within 24 hours.

Monitoring of your Personal Information will cease when your Membership is cancelled, terminated or otherwise ends.

Alerts

If any of the Personal Information you register is detected (the Assets), you will be notified immediately by an alert to your Primary Email Address and to your Dashboard. The alert will show you where the relevant Asset has been found (this forms part of the Detected Information) either as a URL address or general location.

You will also receive a monthly summary of the alerts received.

1.3   VPN App

When you activate and use the mobile VPN App, a 256-bit SSL encrypted tunnel is built that connects you to one of the VPN providers secure Internet gateways. All the data you subsequently send and receive is encrypted and sent to the Internet using the encrypted tunnel. you are also assigned a temporary and random private IP address. This private IP address cannot be traced by anyone through our server and no one can find your real IP address or location.

To use the VPN App, you must download an application to your device (either from a link accessible from the CheckmyWeb Website or from the Google Play Store™ or Apple Store®) and complete the installation and activation in the respective device settings.

The VPN App is only available on Android and IOS smart phones or tablets (at least versions Android 5.0 and iOS 12.4).

The VPN App works on both secured and unsecured networks, with an average sufficient bandwidth, and on mobile networks. Connection times vary depending on the server location used to establish the connection and its distance.

When using the VPN App for the first time, you will need to login using the same email address and password used to sign into the CheckmyWeb Website. Once you have logged in you will need to register your device and choose a server location before you start browsing.

You may only download the VPN onto one device.

Warranties & Liability

LVL shall endeavour to make the VPN App available 24/7 however, it is possible that from time to time LVL may not be able to provide the VPN App. In this context, LVL cannot be held responsible for:

-  the time it takes to access to the VPN App, the time it takes to open and view pages of the VPN App , external slowdowns, suspension or inaccessibility of the VPN App (knowing that any technical malfunctions , maintenance operations, developments or improvements to the VPN App could temporarily restrict or prevent access), fraudulent use by third parties of the information made available in the VPN App;

-  problems as a result or arising from force majeure, breakdowns or technical malfunctions concerning hardware, programs, Internet network software which may, where applicable, result in the suspension or termination of the VPN App;

The VPN App may contain hyperlinks directing to third-party websites. LVL makes no commitment regarding these third-party websites to which the Member may have access from the VPN App and cannot in any way be held responsible for the content or operation of these third-party sites, nor guarantee their compliance with the applicable regulations.

Please note that the VPN App is made available to the Member by LVL for lawful use only and LVL cannot be held liable should the Member use the VPN App contrary to this.

LVL reserves the right to make any modifications and improvements to the VPN App that it deems necessary or useful and cannot be held responsible for damages of any kind that may arise.

2.1 Except as expressly permitted you agree not to or allow others to:

       2.1.1 attempt to copy, adapt, modify or reverse engineer any software provided as part of your Membership or any part of the Service (except to the extent that any such action is permitted by law).

        2.1.2  use any element of your Membership for:

                  a)  intellectual property infringement (including but not limited to copyright or trade mark, infringement or infringement relating to domain names), terrorism, religious fanaticism, racism, abuse, menace, defamatory purposes, bullying, child pornography, or any other legally or morally unacceptable purpose.

                   b) the interference or attempted interference with the services to any other customers of ours, hosts or networks. This includes but is not limited to flooding networks with emails, deliberately attempting to overload a service or attempting to “crash” a host.

                   c)  sending emails that contain misleading or incorrect header content, or information so that the origin of the email is deceptive or damaging to our, our Subcontractors or other internet users’ reputation.

                   d)  violating or attempting to violate our network security or other systems' networks, authentication measures, servers or equipment including attempting to circumvent user authentication or security of any host, network or account.

                   e)  sending any message or virus which causes or is likely to cause harm, in any degree, to us, our Subcontractors or our other customers, or any other party’s communication systems.

                   f)  intercepting or monitoring data not intended for you.

                   g)  knowingly upload or store any material that contains viruses, worms, Trojan horses, spyware or any other harmful programs designed to adversely affect the operation of any computer software or hardware.

 

2.2. You must, in connection with the use of the Service, comply with:

          2.2.1  all applicable legal and regulatory requirements (in effect from time to time) that we notify you of; and

          2.2.2  the reasonable instructions that we give you relating to the use of the Service.

2.3 You confirm your consent to allow access to your systems and agree to disclose any information necessary if We report to the police or other applicable law enforcement or regulatory body (including without limitation in response to a Court Order) any suspected illegal activity of which We become aware. We also reserve the right and you confirm your consent to allow us to grant to the police or any other applicable law enforcement or regulatory body physical access to Our premises to carry out the same.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of webloyalty.com, its content suppliers or its clients and is protected by copyright laws. The compilation (meaning the selection, arrangement, assembly and/or collection) of all content on this site is the exclusive property of webloyalty.com and is protected by copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

One or more aspects of this website are covered by one or more of the following US patents: 6,574,606; 6,885,995.