Terms And Conditions

What is Hooyu?

The Hooyu Service enables individuals to build trust and security about another individual by validating their identity or by simply validating an ID document such as a passport of driving license. The Hooyu Service might be used to validate an identity in many scenarios such as renting a property, buying or selling online, car sharing, employing someone, dating, etc.

An ID validation (“ID Validation”) takes place where one party (“the Requestor”) requests validation of the identity of another party (“the Subject”). The Subject is asked to provide certain Personal Data to Hooyu so that validation can take place. Once validation has been confirmed, the Requestor will be informed.
A document validation (“Document Validation”) takes place where you submit an image of an official ID document to confirm its authenticity.

Our Commitment to You

The Hooyu Service is provided via the Website by Hooyu Limited, an English company with its registered office at Unit 8 Quayside Lodge, William Morris Way, London SW6 2UZ (“Hooyu”).

The Hooyu Service is designed in such a way that no Personal Data is exchanged between the parties, except as set out in this Agreement. Hooyu acts as a trusted intermediary and we take our responsibility to protect your Personal Data very seriously. Our commitment to you includes:

What do we mean by Personal Data?

Personal Data is as defined by the UK Data Protection Act (1998). Personal Data may be included in the information that we collect from you. More detail about the type of information we collect from you is given in our Privacy Policy. However, we may for example, ask you:

The identity of the Subject is verified using proprietary electronic and other evaluation techniques to produce a verified or unverified result.

All Personal Data supplied to the Hooyu Service by users is treated confidentially and, for so long as we store the data, is stored in accordance with good industry security practice.

You warrant that you have all necessary rights and consents to provide any Personal Data that you provide to the Hooyu Service.

Our Agreement

This Agreement governs the access and use by you of the Website and any request you make for us to provide the Hooyu Service. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR REQUESTING US TO PROVIDE THE HOOYU SERVICE.

Your access and use of the Website and Hooyu Service constitutes your agreement to be bound by this Agreement and establishes a contractual relationship between you and Hooyu. If you do not agree to this Agreement, you may not access or use the Website or Hooyu Service.

Hooyu may amend this Agreement at its discretion at any time. Amendments will be effective upon them being posted on the Website in replacement of this Agreement. Your continued access or use of the Website and/or any Hooyu Service thereafter constitutes your consent to be bound by the revised terms. The terms in force at the time you make or respond to an ID Validation request or when you request a Document Validation will automatically apply to that instance and so you are advised to review this Agreement every time that you use the Hooyu Service.

Hooyu may modify the nature, content, or functionality of the Hooyu Service at its sole discretion and without advance notice.

Use of the Hooyu Service

Your right to access and use the Website and Hooyu Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website and Hooyu Service for lawful purposes.

By registering to use the Hooyu Service, you confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are using the Hooyu Service for your personal use and not on behalf of another individual;
- You agree to provide us with information that is accurate and not to misrepresent or falsify your identity or your user information.
- If you are submitting a Document Validation request, that you have the consent of the owner of that document to do so.

You are responsible for your account and protecting the security of your login credentials. You must keep your login credentials confidential and you must not disclose them to any other person. If you become aware of any unauthorised use of your user information, you agree to notify us immediately atsupport@hooyu.com.
If you wish to use the Hooyu Service you will be guided through the process of placing an order by a series of onscreen instructions. When you wish to place the order, you will need to complete and submit your payment details and make full payment for the Hooyu Service requested. Your order will be placed when you click on the “Buy Now” or similar button which will appear onscreen at the end of the order process. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

We will make the Results available to you as soon as is practical to do so. In the case of an ID Validation we will only be able to provide Results when the Subject has provided the necessary information for us to produce the Result. Under your contract with us we will endeavour to obtain the necessary information from the Subject to carry out an ID Validation but we cannot guarantee that they will respond to an ID Validation request. Where they fail to respond to an ID Validation request within a set time limit we will inform you of such.

All copies of ID documents submitted to the Hooyu Service must be of machine readable quality with no text or images obscured or blurred.

If you are a consumer, under the Consumer Contracts Regulations 2013, you have 14 days after the day we email you to accept your order to change your mind and receive a refund even if we have performed the ID Validation or Document Validation and provided the Results.

You can exercise your right to change your mind by emailing support@Hooyu.com or by completing the model cancellation form on the Website.

If you are exercising your right to change your mind then we will make any refund due to you within 14 days of your telling us you have changed your mind.

There is no charge for registering with us to use the Hooyu Service. However, there will be charges for any ID or Document Validation that you request. The price (which includes VAT) will be as indicated on the order pages when you place your request for the Hooyu Service.

We accept payment by PayPal or credit card. You will have to pay for any Hooyu Service requested at the time of your request, following the payment instructions on the Website.

Information that you provide

You acknowledge and agree that you are solely responsible for all information that you make available to the Hooyu Service (or otherwise via the Website) including Personal Data. Accordingly, you represent and warrant that with respect to the information you provide to the Hooyu Service (or otherwise via the Website): (i) you are the sole and exclusive owner or in the case of a Document Validation that you have the owner’s consent; (ii) it does not infringe, misappropriate or violate a third party’s rights; (iii) it is lawfully provided.

You agree that Hooyu may access, store and use any information that you provide in accordance with the terms of the Privacy Policy.

Ownership of the Hooyu Service

You acknowledge and agree that all Intellectual Property Rights in the Hooyu Service (including in the Results) and Website are the sole property of Hooyu or Hooyu’s licensors. Except as expressly set out in this Agreement, neither this Agreement nor your use of the Website or Hooyu Service convey or grant to you any right or licence to such Intellectual Property Rights.

Subject to compliance with this Agreement (including payment of any charges due), you may download, store for any length of time and print hard copies of the Results for personal use.

Ending the Agreement

This Agreement will continue in force until terminated by either you or us as set out below.

You may end this Agreement at any time and for any reason. If you want to terminate the Agreement and deactivate your account please login to the Hooyu Service and in the “Settings” menu choose “Deactivate your account”. Alternatively email support@Hooyu.com with details of your account (username, email address, first name and last name). For security reasons, we will confirm to you by email before closing your account. When confirmed, your account will be closed and your ability to login deactivated immediately. Your Personal Data will be dealt with in accordance with our Privacy Policy. We may at any time end this Agreement by writing to you at the email address you provided when you registered:

Disclaimer and liability

We are under a legal duty to supply services that are in conformity with this Agreement. If you are a consumer, nothing in this Agreement will affect your legal rights. Whilst Hooyu will use reasonable endeavours to ensure that the Hooyu Service is effective in validating identities and documents online validation is not an exact science and there can be no certainty in the Results provided to users. Therefore Hooyu does not guarantee or warrant the accuracy of the Results and you accept that you should not rely solely upon information provided by Hooyu in making decisions about the identity or trustworthiness of any individual. You accept that use of the Hooyu Service or use of the Results is entirely at your own risk. You accept that the Hooyu Service does not include checks against any criminal records of any kind and that a Subject who presents a valid identity may have a criminal record.

Hooyu cannot guarantee to a Requestor that a Subject will respond positively to a request to participate in validating their identity. It is the Requestor’s responsibility to persuade the Subject that they should participate.

Hooyu will not be liable if we are unable to provide the Hooyu Service for any reason that is outside of our reasonable control. You must comply with all applicable laws and regulations of the country in which you are based. We will not be liable for any breach by you of any such laws, whether or not it is caused by use of the Hooyu Service.

Our liability if you are a consumer

If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We only supply the Hooyu Service for your domestic and private use. If you use it for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Hooyu’s total maximum aggregate liability to you for all matters arising out of or in connection with your use of the Website and/or Hooyu Service will be limited to the lower of the amount of fees received by Hooyu from you in the twelve months preceding any claim or £500.

Our liability if you are a business

We only supply the Hooyu Service for internal use by your business, and you agree not to use it for any resale purposes.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss.
Hooyu’s total maximum aggregate liability to you for all matters arising out of or in connection with your use of the Website and/or Hooyu Service will be limited to the lower of the amount of fees received by Hooyu from you in the twelve months preceding any claim or £500.

Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to the Hooyu Service. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.

You hereby indemnify Hooyu (including its officers, directors, staff and agents) and its third party suppliers from any claims, losses, damage, liability suffered and expenses (including but not limited to legal expenses) arising from any breach by you of the terms of This Agreement. This indemnity shall survive termination of this Agreement.

Restrictions on use of the Hooyu Service

You agree that you will not: (i) remove any copyright, trademark or other proprietary notices from any part of the Website, Hooyu Service or Results; (ii) reproduce, reverse engineer, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, or otherwise exploit the Hooyu Service (including the Results) except as expressly permitted by Hooyu; or (iii) attempt to gain unauthorised access to or impair any aspect of the Hooyu Service or its related systems or networks; (iv) conduct any benchmark testing of the Hooyu Service or any part thereof, compare the performance of the Hooyu Service or any part thereof to any other similar service, provide any results of benchmark testing or technical results or other performance data relating to use of the Hooyu Service to any other party; (v) use any Result except in order to validate an identity; (vi) store, cache, compile, or develop a database of Results for any purpose except as an archive record.

Availability of the Services

We will endeavour to ensure that the Website and Hooyu Service is available at all times. However, your access to and use of the Website and Hooyu Service is provided on an “as is” basis and may be interrupted from time to time for any of several reasons, including, but not limited to the malfunction of equipment, periodic updating, maintenance or repair, internet outages, or other actions that we, in our sole discretion, may elect to take.

You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime may occur. We do not guarantee the Website or Hooyu Service will be uninterrupted, timely, secure, or error-free.

Confidentiality

You agree to retain in confidence all information provided to you by Hooyu pursuant to or in connection with this Agreement that has been identified by us as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and you will make no use of such Confidential Information except as necessary pursuant to this Agreement.

You may however, disclose such information in confidence to your immediate legal and financial consultants as required in the ordinary course of your business. Notwithstanding the foregoing, Confidential Information shall not include information that (a) is independently developed by you, as demonstrated by your written records, without violating Hooyu’s or its third party supplier’s proprietary rights, (b) is or becomes publicly known (other than through unauthorized disclosure), (c) is disclosed by the owner of such information to a third party free of any obligation of confidentiality, (d) is already known by you at the time of disclosure, as demonstrated by your written records, and you have no obligation of confidentiality other than pursuant to this Agreement, or (e) is rightfully received by you free of any obligation of confidentiality, provided that (i) you have no knowledge that such information is subject to a confidentiality agreement and (ii) such information is not of a type or character that a reasonable person would have regarded it as confidential.

Other important matters

If any term of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that term that is unlawful, void or unenforceable shall be deleted from this Agreement and only then to the extent that the term is unlawful, void or unenforceable.

If Hooyu does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this shall not constitute a waiver of Hooyu’s rights and those rights or remedies will still be available to Hooyu.

We may transfer our rights and obligations under this Agreement to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Agreement within 30 days of us telling you about it and we will refund you any payments you have made in advance for any Hooyu Service not provided.

This Agreement is between you and us. No other person has any rights to enforce any of its terms.

This Agreement shall be governed by the laws of England. If you are a business, you can bring legal proceedings in respect of the Website or Hooyu Service in the English courts only. If you are a consumer, you can bring legal proceedings in respect of the Website or Hooyu Service in the English courts, but if you live in Scotland, you can bring legal proceedings in respect of the Website or Hooyu Service in either the Scottish or the English courts, and if you live in Northern Ireland you can bring legal proceedings in respect of the Website or Hooyu Service in either the Northern Irish or the English courts.

Definitions

Term Description
“Hooyu” Means Hooyu Limited, an English company with its registered office at Unit 8 Quayside Lodge, William Morris Way, London, SW6 2UZ;
“Hooyu Service” Means the Identity Validation and Document Validation service provided by Hooyu via the Website;
“Results” The verified or unverified results we provide as a result of an ID Validation or Document Validation request.
“Intellectual Property Rights” Means patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs,rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
“Website” www.hooyu.com (or any URL which may replace it).
“Writing” Includes emails when we use the words “writing” or “written”, this includes emails.