Terms of Service to Customers


In these Terms of Service, the terms “you”, “your”, “User” refer to the person or other entity accessing, using or attempting to use age verification service; the terms “we”, “us”, “our” and “Company” refer to ShopperAgeCheck.

age verification service may only be used by persons 18 years of age or older. If you are under 18 years of age, then you may not use age verification service.

Using age verification service creates a legal agreement between you and us

These Terms of Service, together with the ShopperAgeCheck Privacy Policy, constitute a legal agreement (the “Agreement”) between you and ShopperAgeCheck, stating the terms and conditions which govern your use of the personal identity and age verification services of age verification service. Please read this Agreement, (both the Terms of Service and the Privacy Policy Statement), carefully.

These Terms of Service, together with the ShopperAgeCheck Privacy Policy, constitute a legal agreement (the “Agreement”) between you and ShopperAgeCheck, stating the terms and conditions which govern your use of the personal identity and age verification services of age verification service. Please read this Agreement, (both the Terms of Service and the Privacy Policy Statement), carefully.

The Agreement governs the submission of personally identifiable information and other information (the "Information") by you ("User") to ShopperAgeCheck for its age verification service service to a third party to whom you wish us to verify your identity and/or age (the "Service") to our customer (the "Merchant"). The parties understand and agree that you wish for us to provide the Service to the Merchant to facilitate a transaction with the Merchant that you wish to conduct and that we are only willing to do so subject to and in consideration of your covenants in this Agreement. By submitting the Information, you agrees to be bound by this Agreement. This Agreement establishes the legal terms and conditions of the agreement between you and us governing the submission of the Information and our use of it in performing the Service. Please carefully read both these Terms of Use and the ShopperAgeCheck Privacy Policy them before submitting Information.

You may submit the Information to us to perform the Service for the Merchant only in compliance with this Agreement and only if you have the power and capacity to form a contract with ShopperAgeCheck and you are not barred from doing so under any applicable constitutions, laws, ordinances, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rulings, instructions, requirements, directives or requests of any courts, regulators or other governmental authorities (“Law”).

By agreeing to this Agreement, you are representing to us that you are over 18. You may not access the Service if you are under 18 years of age.

You are giving us permission to use your personal information to verify your identity and your age

If you submit personal information to us for our use in providing our identity and age verification service to the Merchant, you are giving us permission to use that information and any other personal information you already may have submitted to the Merchant, to make an identity and age verification request and to disclose, compare, and verify your personal information, including your name, date of birth, telephone number, and social security number, in accordance with our Privacy Policy, against commercially available databases that are regularly used for the purposes of age and identity verification.

Your obligations

It is a condition of this Agreement and your use of age verification service that any personal information you have submitted to the Merchant or to us is correct, current, complete and in a usable form as required by us.

YOU CERTIFY, UNDER PENALTY OF LAW, THAT THE PERSONAL INFORMATION YOU SUBMIT WHILE USING AGE VERIFICATION SERVICE, INCLUDING BUT NOT LIMITED TO YOUR NAME, DATE OF BIRTH, PHOTOGRAPHIC IDENTIFICATION, AND OTHER PERSONAL DOCUMENTATION, IS TRUE AND CORRECT. YOU UNDERSTAND THAT KNOWINGLY PROVIDING, PRODUCING, TRANSFERRING OR USING A MEANS OF IDENTIFICATION OF ANOTHER PERSON, OR OTHER FALSE IDENTIFYING INFORMATION MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW.

Proprietary Rights

ShopperAgeCheck, its affiliates and/or their respective licensors own all right, title and interest in and to age verification service, including, without limitation, all intellectual and proprietary rights appurtenant thereto. Nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect ShopperAgeCheck’s, its affiliates’ and/or their respective licensors’ ownership or proprietary rights therein or any other of ShopperAgeCheck’s, its affiliates’ and/or their licensors’ information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium. Ownership of the software, the system, the trademarks and all other related intellectual property is protected by the law of intellectual property and international treaties. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, or use any part of the software for any use other than that for which it was supplied by us, unless specifically authorized by ShopperAgeCheck. You may not modify, adapt, alter, translate, or create derivative works from the software.

“Intellectual Property Rights” means all copyrights fixed in any medium now known or hereafter discovered, including copyrights in computer programs, pictorial works, audiovisual works, literary works, musical works, sound recordings, motion pictures and the like; patents, trademarks, trade names, trade secrets, design rights, design models, database rights and topography rights, all rights to bring an action for passing off, rights of privacy or publicity, and any other similar form of intellectual rights in intangible property or proprietary rights, statutory or otherwise, whether registered or not, and whether applied for or not, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or that relate to intangible property, ideas or expression, as they may exist anywhere in the world.

LIMITATION OF LIABILITY

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, EVEN IF SUCH PARTY WILL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED $1,000.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ShopperAgeCheck EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO AGE VERIFICATION SERVICE AND USER’S ACCESS THERETO. USER WAIVES ANY AND ALL WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS MADE REGARDING THE RESULTS OF OUR SERVICES, OR THAT THE USE OF THOSE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT OUR SERVICES' FUNCTIONALITY WILL MEET ANY REQUIREMENTS. USER IS RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS OUR SERVICES. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT USER'S HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH AGE VERIFICATION SERVICE. WE WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO USER'S COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM USER'S ACCESS TO OUR SERVICES PLATFORM. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Indemnification

You agree to indemnify, defend, and hold ShopperAgeCheck, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use or alteration of age verification service (or any component thereof) in violation of this Agreement.

Term of this Agreement and Rights of Termination

We reserve the right to terminate this Agreement in our discretion at any time for any reason or no reason and to suspend or terminate your access, all without notice to you. The provisions of this Agreement will survive and continue in full force and effect after any termination or expiration of this Agreement.

Changes to the Agreement

We may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on age verification service or on our website https://www.shopperagecheck.com or by other electronic means, and a new copy of these Terms of Service and Privacy Policy Statement shall be made available. By using age verification service after such changes are made to either parts of the Agreement, you signify that you agree to be bound by and comply with such changes and ShopperAgeCheck shall treat your use as acceptance of the changed provisions.

Governing Law and Interpretation.

To the extent not prohibited by law, you agree (a) that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the province of Ontario, Canada including the laws of Canada applicable therein (b) to irrevocably submit to the sole and exclusive jurisdiction of the federal and provincial courts in the City of Toronto, in the Province of Ontario, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that those courts are an inconvenient forum. Notwithstanding the above, both parties may, by agreement, submit any particular dispute to arbitration at any time. No failure or delay by us or the Merchant or our respective affiliates, associates or agents to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination. You agree that the Merchant is an intended third party beneficiary of this Agreement and will have the right to enforce this Agreement as a third party beneficiary. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Your use of age verification service may also be subject to other local, state, provincial, national or international laws and use of age verification service may be prohibited by law in some jurisdictions. By using age verification service you certify that the laws of the jurisdiction in which you are using age verification service permit the use of it.

Complete Agreement

You acknowledge that you have read the Agreement, including both these Terms of Use and the Privacy Policy Statement, that you understand it, that you agree to be bound by its terms, and that the foregoing and the Privacy Policy Statement are the complete and exclusive statement of the Agreement, covering everything agreed upon or understood in connection with the subject matter of this transaction and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any nature or kind, statutory or otherwise, as conditions or inducements to enter into this Agreement or in effect between ShopperAgeCheck and you upon which you are relying relating to this Agreement or otherwise.
A copy of these Terms of Use and the Privacy Policy Statement may be found at the https://www.shopperagecheck.com/term.

Contact

DataDivers Inc. d.b.a. ShopperAgeCheck

502-300 Lisgar Street, Ottawa, Canada K2P 0E2

support@shopperagecheck.com
https://www.shopperagecheck.com