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Online (including App) Terms and Conditions

These terms
1. What these terms cover.
  These are the terms and conditions (
  Agreement
  ) on which we supply our Service (defined under clause 5.1 below) to you, whether this is services or digital content.
2. Defined terms.
  Capitalized words (which are not proper nouns) have a specific definition. These words are defined in the terms. You can search the terms to see where the words are defined.
3. Why you should read them.
  Please read these terms carefully. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information.
Information about us and how to contact us
1. Who we are.
  We are AVSecure LLC (
  AVSecure, we, us
  ) a company incorporated and registered in the state of Delaware, in the United States of America. Our trading office is at 1097 Jupiter Park Lane, Suite 3, Jupiter, Florida, USA, 33458.
2. What we do.
  Either through our website (www.agepass.com
  or
  www.agepass.net) or through our mobile application (
  App
  ), we verify a customer’s age and, if aged 18 or over, provide an access key with which you can set up an age pass (
  AgePass
  ) to access certain restricted websites or other content online.
3. This Agreement.
  This Agreement sets out the terms and conditions under which we supply age verification services and AgePass online through our website or App, whether for a fee or free of charge.
4. How to contact us.
  As a feature of our Service, we do not request or receive any directly identifiable information about you at any point. We only know that an AgePass access key holder is eighteen (18) years or older. You can read about this in our privacy policy (see clause 12 of this agreement). If you wish to contact us, you can do so by using this form www.agepass.com/#contact
  on our website.
  Please note that by contacting us you are choosing to lose your anonymity as a user of our Service.
  If you wish to discuss your order, we will not be able to do so unless you have your AgePass access key.
5. How we may contact you.
  Because we do not request any directly identifiable information from you at any point in providing our Service, we can only and will only contact you directly if you have provided us with your contact details as set out in clause 2.4. If we have to contact you directly, we will do so by responding to you using the details you have provided to us when you contact us.

Any other announcements for our customers will be set out on our website.

Our Agreement with you
1. How you may order our Service.
  You may order our Service by using our website or using our App, selecting your age verification method, providing any required details and submitting your order.
2. How we will accept your order.
  We will accept your AgePass order when you choose to use one of our age verification methods and you have been successfully age verified. At this point we will confirm in your browser or in-App that your order has been accepted and a legal contract as set out in this Agreement will come into existence between you and us. Provided that our Service confirms that you are eighteen (18) years old or over, your AgePass access key will be displayed to you.
3. How this Agreement comes to an end.
  This Agreement ends when the access key for your AgePass is delivered; or, earlier as expressly described in this Agreement.
4. If we cannot accept your order.
  If we are unable to fulfil your order, we will inform you of this in your browser session (or in-App) when you attempt to purchase or set up (depending on the age verification method you choose) our Service online. In certain circumstances, it may not be possible to inform you in your browser session (or in-App) that your order cannot be fulfilled. In the case that we cannot fulfil your order and a fee is payable for the Service, we will not charge you. We may render any AgePass access key you have received unusable and this Agreement will come to an end. Your order might not be fulfilled, for example, because of unexpected limits on our resources which we could not reasonably plan for, because we or our third party payment processor cannot process your payment; or, because we have identified an error in the price or description of the Service.
5. We only provide the Service in the UK at present.
  The AgePass is currently only available in the UK. If you order or use our Service while outside the UK, you are responsible for ensuring that you are in compliance with all local laws and regulations.
6. Your use of the Service in-App may also be controlled by the terms of the Appstore from which you downloaded our App.
  The ways in which you can use the App may also be controlled by the relevant Appstore’s rules and policies and the relevant Appstore’s rules and policies will apply instead of or in addition to the terms of this Agreement where there are differences between the two.
Our rights to make changes
1. Minor changes to the Service.
  We may change the Service:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements.
2. More significant changes to the Service and this Agreement.
  In addition, we may make changes to this Agreement or the Service, but if we do so we will notify you via our website and/or App.
Providing the Service
1. The Service.
  Our Service is comprised of two distinct parts as described below. Please see our FAQs https://www.agepass.com/faqs
  for further information.
  1. Our age verification service.
    We will begin the age verification service after you make your order. Age verification is completed via our third party suppliers, as applicable based on your chosen age verification method (see below). Except when verifying using an Age Verification Card, you will be redirected to the relevant third party supplier according to the age verification method which you select. The age verification service should be completed shortly afterwards.
    The methods which you can use to verify your age via AgePass (whether via the website or in-App) are:
    1. Age Verification Card:
      This is available at retail stores throughout the UK to those aged eighteen (18) years or older. After selecting this option, enter the code on your Age Verification Card to be issued with an AgePass access key.
    2. UK Paysafecard:
      We charge a fee for using this age verification method. After selecting this option, enter your UK Paysafecard number. Once your age has been verified and the fee payable debited, you will be issued with an AgePass access key.
  2. Our AgePass.
    We will provide the access key for AgePass to you as soon as we have successfully completed our age verification service. Upon receipt of the access key, you will be asked to create a pin which is connected to your access key.
2. You agree to receive the Service immediately and cannot change your mind.
  By accepting this Agreement, you consent to the immediate performance of the Agreement and acknowledge that you will lose your right of withdrawal from the Agreement once the Service has been completed and your AgePass access key displayed to you. You do not have a right to change your mind in respect of AgePass once you have paid the fee (if applicable in respect of your chosen age verification method) and/or we have displayed to you your AgePass access key.
3. We are not responsible for delays outside our control.
  If our supply of the Service is affected by an event outside our control then we will inform you as soon as possible and take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if you paid for but did not receive the Service, we will endeavour to provide you with the Service again without charge.
4. What will happen if you do not give required information to us.
  As part of the supply of the Service, you will be connected with our third party suppliers who need information from you to verify your age as eighteen (18) years or older. This information differs depending on the age verification method you have chosen. If you do not provide this information, or you provide incomplete or incorrect information, we will (as relevant) refuse to provide you with the AgePass and/or end the Agreement and cancel the operation of the AgePass.
5. Reasons we may suspend the supply of the Service to you.
  We may have to suspend the Service to:
  1. deal with technical problems or make minor technical changes;
  2. update the Service to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the Service as notified by us to you via the website and/or App.
6. We may cancel the AgePass if you do not pay.
  Where your chosen age verification method requires payment of a fee, if you do not pay, we may cancel the operation of the AgePass without notice to you.
7. You must not provide details of your AgePass to others or allow others to use your AgePass.
  AgePass may only be used by the individual who verified their age as eighteen (18) years or older. You must not share your AgePass access key or pin with any other person. Where we suspect an AgePass is being used by more than one person, we may end the Agreement in accordance with clause 8 and/or subject that AgePass to re-verification checks.
8. AgePass is provided on an “as is” basis only and we exclude all warranties to the extent permitted by law.
  Other than as expressly set out in this Agreement, we do not make any specific promises about AgePass. For example, we do not make any commitments about AgePass, the specific functions of AgePass, or its reliability, availability, or ability to meet your needs. We provide AgePass “as is”. To the extent permitted by law, we exclude all warranties.
9. Your licence to use the Service.
  AVSecure gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by AVSecure as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of AgePass as provided by AVSecure, in the manner permitted by this Agreement. User credentials may be used to enable access on multiple devices, within our discretion. Unless otherwise terminated by you due to your deletion of the App and/or your AgePass, or otherwise terminated by us under this Agreement, this license shall remain in effect for as long as we provide the Service to you and you use the Service. You may not copy, modify, distribute, sell, or lease any part of AgePass and/or the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by AgePass and/or the Service.
10. You cannot use any AgePass intellectual property.
  All intellectual property rights in AgePass, the Service, and/or the App throughout the world belong to us (or our licensors) and the rights in AgePass, the Service and/or the App are licensed (not sold) to you. You have no intellectual property rights in, or to, AgePass, the Service and/or the App other than the right to use it in accordance with these terms.
11. Restrictions on your use of the App and the Service.
  You must not:
  1. use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;
  2. infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service;
  3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
  4. use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
Your rights to end the Agreement

You can always end your Agreement with us.

You may end your use of the Service, and delete any App associated with AgePass at any time should you no longer wish to use the Service. We will deem you taking such action as an express termination of this Agreement and any license granted to you under this Agreement. Your rights when you end the Agreement will depend on whether there is anything wrong with your AgePass. If your AgePass is faulty or misdescribed you may have a legal right to end the Agreement (or to a replacement AgePass). Where necessary, you can contact us as set out in clause 2.4.

How and when we will refund you
1. We do not offer refunds where your chosen age verification method does not involve payment of a fee.
2. Where your chosen age verification method involves payment of a fee, we do not offer refunds once the Service has been completed and your AgePass access key has been displayed to you.
3. If a refund is due under the terms of this Agreement, we will refund you the price you paid for the Service (if any, in accordance with your chosen age verification method), by the method you used for payment. We will make any refunds due to you as soon as possible and in any event within 14 days of us agreeing you are entitled to a refund.
Our rights to end the Agreement
1. We may end the Agreement if you breach it.
  We may end the Agreement at any time if:
  1. you do not make any payment to us when it is due;
  2. you do not, during the order process, provide us with information that is necessary for us to provide the Service, for example, sufficient identification to verify your age as eighteen (18) years or older;
  3. we suspect an AgePass is being used fraudulently or in breach of applicable law or regulations or we are required to make changes to AgePass and/or the Services by any court or regulatory authority;
  4. if you are in material breach of the terms of this Agreement; or
  5. we decide to cease operations, discontinue the Service or parts of the Service, or change or revise any aspect of the Service.
2. We may refuse to provide you with an AgePass, cancel any AgePass provided to you, or require you to re-verify your age.
  Where one of the circumstances in clause 8.1 applies, we may refuse to provide you with an AgePass, cancel any AgePass or the Service provided to you, or require you to re-verify your age through an available age verification method on or through the Platforms (as applicable).
If there is a problem with the Service
1. Visit our list of FAQs.
  We have an extensive list of FAQs available here www.agepass.com
  which should be able to resolve your query.
2. Summary of your legal rights.
  See the box below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights.
  Summary of your key legal rights
  This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  The Consumer Rights Act 2015 says our Service must be as described, fit for purpose and of satisfactory quality and must be carried out with reasonable care and skill. If the digital content provided as part of the Service is faulty, you're entitled to a repair or a replacement. If we can’t replace it, you can get some or all of your money back (if you paid a fee for the Service).
Price and payment
1. This clause only applies where your chosen age verification method involves payment of a fee.
2. Where to find the price for the Service.
  The price of the Service (if applicable) (which includes VAT) will be the price indicated on the order submission page when you submitted your order and accepted these terms on our website. We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the Service you order.
3. What happens if there is a pricing error.
  If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid and void any AgePass provided to you.
4. When you must pay and how you must pay.
  We accept payment via the method listed on our website during the order process.
Limitations on and exclusions to our and your legal responsibilities
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
  This means liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service, including the right to receive Service which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and any other liability which cannot be limited or excluded by applicable law.
2. Your and our liability is limited.
  Subject to the other terms of this clause 11, our total liability to you and your aggregate liability to us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the amount paid or payable by you to us under this Agreement.
3. We are not liable for business losses.
  We only supply the Service for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, or loss of or damage to goodwill.
4. We are not liable for indirect or consequential losses (that is, losses which do not flow naturally, in the usual course of things, from a breach of this Agreement) or loss of use or corruption of hardware, software, data or information.
  You understand that we cannot and do not guarantee or warrant that files accessed through the internet or mobile carriers’ internet will be free of viruses, malware, worms, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the internet or the marketplace where you obtain AgePass/the App or otherwise use the Service.
5. We and you must mitigate any losses suffered.
  We and you shall you use reasonable endeavours to mitigate any loss or damage suffered or arising out of or in connection with this Agreement.
6. We are not responsible for the content of any third party website.
  While AgePass allows access to certain websites containing age-restricted products or services by age-verified users, we are not responsible for the content of any third party website, the actions of any third party website operator, or the consequences of your interaction with any third party website.
Your personal information

To the extent we collect any of your personal information, we will only use it as set out in our privacy policy www.agepass.com/privacy-policy.

Other important terms
1. We may transfer this agreement to someone else.
  We may transfer our rights and obligations under these terms to another organisation.
2. You cannot transfer your rights under this Agreement to someone else.
  You may only transfer your rights or your obligations under these terms to another person with our written consent.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to).
  This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force.
  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later.
  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings.
  Without prejudice to your statutory rights, these terms are governed by the law of the state of Florida, USA and the jurisdiction of the Florida courts.