Data Breach Claims (“DBC”) is one of the technology services provided by Revoke Limited. The service is delivered via the DBC website (www.databreachclaims.com) and the app “Data Breach Claims“.
V1.3 Last Updated: 13th October 2021
1 About Data Breach Claims
These Terms & Conditions (“Terms”) govern your relationship with the Data Breach Claims service (the “Service”) operated by Revoke Limited (“Revoke”, “us”, “we”, or “our”), a company registered with the Jersey Financial Services Commission, Registration Number 124314.
By using the Service, you confirm that:
If you do not agree to be bound by these Terms, you may not use the Service.
We reserve the right to change these Terms at our sole discretion, by posting an amended version on the Service. You can always view the latest version of these Terms in the main menu of the Service or on our website. All amended Terms automatically take effect from the date of posting, unless otherwise stated.
Your continued use of the Service will constitute your acceptance of the amended Terms.
2 How Data Breach Claims Works
On your instruction Data Breach Claims carries out a dark web search to determine if your personal data may have been hacked or otherwise exposed in a data breach. Once this has been completed you can register your interest in making a legal claim or bringing other legal proceedings against a company who may be responsible for breaching your personal data, we will keep you updated on the options available based on your circumstances.
The information available on the Service is published for general information purposes only and should not be construed as or relied upon as legal advice, whether in relation to your data protection rights or otherwise. For legal advice, please speak to a qualified legal practitioner.
DBC will partner with a number of specialist legal firms and/or claims management organisations to help progress your compensation claim through the various legal channels available to hopefully achieve a successful outcome for your case.
By accepting these Terms, you are giving Revoke permission to act on your behalf as described in these Terms (“Authorisation”).
Data Breach Claims will only act on your behalf to exercise your right to claim when requested by you.
4 Claims Valuations
Customers should note that these potential claim valuations are provided for illustrative purposes. The stated amounts are often referred to as average compensation payments and have either been obtained from commonly reported cases or from previous cases successfully resolved by our legal or claims management partners.
Please be aware that there are many factors which can influence and impact on the final settlement amount for your case and we would advise you to read the CFA carefully (which accompanies your compensation claim submission) as it outlines how the payment of legal charges, expenses and disbursement will be handled in the event of a successful or unsuccessful outcome of your case.
All of these settlement transactions are dealt with by the specific expert legal firm or claims management company assigned to handle your case. Revoke is not party to these settlement transactions.
5 FEE ARRANGEMENT
As a customer of DBC, Revoke does NOT charge you a fee for using our data breach search services or for registering your compensation claim(s) with us or for sending your compensation claim to our expert legal partners or claims management service providers. These Revoke services are free for you to use.
Revoke receives an introductory fee from our legal and claims management partners for each qualifying customer/client we pass over to them. This introductory fee can range in value depending on the actual specific data breach case and the complexity of the compensation claim cases.
Where data breach cases are successfully concluded, with an award being payable to claimants, a success fee is paid to the legal or claims management partners. Revoke may receive a percentage of this success fee.
With our legal or claims management partner:
As explained on our website and app notifications, once you have agreed to submit a compensation claim and agreed to the required Contract, Terms and Conditions and other agreement documentation, you will be agreeing to the fee arrangements as disclosed in the Conditional Fee Agreement (“CFA”). This fee arrangement is between you and the specific legal firm or claims management company, and not with Revoke.
6 Marketing Communications
Our website and app notifies you directly, that by performing a dark web search for data breaches, you are opting in to receive marketing communications, from which you can unsubscribe at any time.
8 Your Use of the Service
You agree that you will be solely responsible for all activity in relation to your use of the Service.
You must not access, collect, or use information from the Service, proprietary or otherwise, without our express prior written consent, or other than as outlined in these Terms.
By accepting these Terms, you agree that you will not modify, rent, lease, loan, sell distribute, create derivative works of, decompile, reverse engineer, or attempt to extract the source code from the Service, unless in accordance with our express prior written consent.
You shall not exploit the Service in any unauthorised way whatsoever, including but not limited to by trespass or burdening network capacity. You may be able to access other websites from within the Service. However, these Terms do not apply to your web activity outside the Service.
To the extent that use of the Service requires the use of any third-party terms of agreement, you must comply with such terms.
You agree that from time to time, the software may download and install updates and/or any other additional features to improve the Service.
9 Warranties and Representations
To the fullest extent permissible by law, the Service is provided on an “as is”, “as available” and “with all faults” basis, without any express or implied warranties, representations, or endorsements as to (i) the Service; (ii) the content on or in relation to the Service, our users or third parties; and (iii) security associated with the transmission of information through the Service.
We do not guarantee that our Service will always be safe, secure and/or error free, or that our Service will always function without disruption or delays.
10 Limitation of Liability
Except where prohibited by law, we shall not be liable to you for any loss or damage of any kind, including, but not limited to, any direct, indirect, economic, exemplary, punitive, special, incidental, or consequential losses or damage that are directly or indirectly related to:
11 Indemnification and Settlement
By agreeing to these Terms, you agree to indemnify, defend and hold us harmless, including, but not limited to, our managing members, shareholders, employees, parent or related companies, affiliates, licensors, and suppliers, from and against any and all complaints, charges, damages, losses, costs, liabilities and expenses (including legal fees and costs) arising from your actions, your use (or misuse) of the Service, your breach of the Terms, and/or your violation of any applicable law.
If both you and Data Breach Claims are involved in legal proceedings arising out of the circumstances mentioned in the previous paragraph, we reserve the right to handle our legal defence as we see fit and to request your cooperation at any time during the execution of our defence strategy. In any event, you will not settle any claim without our express prior written consent.
We reserve the right to terminate, at any time and at our sole discretion, your use of, or access to the Service and/or your account.
You may delete your account at any time by emailing our Data Protection Officer at email@example.com.
These Terms will remain in effect even after your use of or access to the Service is terminated, or you delete your account.
13 Dispute Resolution
All claims and disputes arising out of or in connection with these Terms and access to or use of the Service shall be subject to the exclusive jurisdiction of the courts of Jersey, Channel Islands, UK.
Any claims under the Terms must be made on an individual basis; class actions are not permitted.
If any provision of these Terms is found by a competent court to be unlawful, void or otherwise unenforceable, the parties agree that such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the other remaining provisions.
You will not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntary or by operation of law, without express prior written consent by Revoke. Any purported assignment or delegation by you without the appropriate express prior written consent by Revoke shall be considered null and void.
We may assign all our rights and obligations under these Terms in connection with a merger, acquisition, transfer, sale of all or part of the Service, or any other assets, or by operation of law or otherwise.
These Terms, any updates, and any other documents mentioned in these Terms, constitute the entire agreement between you and Revoke, and supersede any other prior agreement between you and Revoke.
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed in any way as a waiver of any provision or any of our rights.
15 Additional Terms for Apple iOS
These additional terms in this Clause 15 apply when the Service is installed on an iOS Apple device.
These Terms are an agreement between you and Revoke, and not with Apple. Apple is not responsible for this Service and the contents thereof.
We grant you a non-transferable licence to use the Service only on Apple-branded products that you own or control, and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
16 Contact Us
If you have any questions, comments or complaints about these Terms, or any other aspect of the Service, please get in touch with us at firstname.lastname@example.org.