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Terms & Conditions
Service Level Agreement.

Section 1

Terms & Conditions : Caresso AML-Pro (Sanction, PEP, SIP and ID verification Services)





Terms & Conditions
Sanction SIP & PEP screening
AML verification services

BY UTILISING THE SERVICES DESCRIBED BELOW YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS

1. Caresso provides the following electronic services via its website:

1.1 Sanctions Screening
Our ‘AML Pro’ service incorporates the process of screening data that has been input (or otherwise captured or provided) by User, that is to say, data that explicitly and unambiguously identifies a person, firm, body corporate, asset (for example vessel*), for example (unless using AML Verify) (“User Data”). User Data is screened on recursive basis overnight, every night, against the various sanctions data collected by Caresso as from time to time updated (at Caresso’s sole discretion and without further notice).

We screen the main national, and international, data sources
NAME: REGION:
Peppercat Legislators Global
Every Politician Global
Peppercat World Leaders Global
US Trade Consolidated Screening List (CSL) United States
US OFAC Specially Designated Nationals (SDN) List United States
Ukraine NABC Sanctions Tracker Ukraine
OCC Enforcement Actions United States
RuPEP Public Database of PEPs in Russia and Belarus Global
ransomwhe.re ransomware addresses Global
INTERPOL Red Notices Global
ACF List of bribetakers and warmongers Global
Ukraine National Security Sanctions Ukraine
CIA World Leaders United States
Swiss SECO Sanctions/Embargoes Switzerland
Belgian Financial Sanctions Belgium
French Freezing of Assets France
UK OFSI Consolidated List of Targets United Kingdom
EU Financial Sanctions Files (FSF) European Union
Canadian Special Economic Measures Act Sanctions Canada
EU Consolidated Travel Bans European Union
Australian Sanctions Consolidated List Australia
Japan Economic sanctions and list of eligible people Japan
Kazakh Terror Financing list Kazakhstan
WorldBank Debarred Providers Global
Kyrgyz National List Kyrgyzstan
African Development Bank Debarred Entities Global
Asian Development Bank Sanctions Globa
UK Companies House Disqualified Directors United Kingdom
UN Security Council Consolidated Sanctions Global
Ukraine SFMS Blacklist Ukraine
Inter-American Development Bank Sanctions Global
Israel Terrorists Organizations and Unauthorized Associations lists Israel
Members of the European Parliament European Union
Members of the European Commitee of the Regions European Union
Bulgarian Persons of Interest Bulgaria
Argentine RePET Argentina
US OFAC Consolidated (non-SDN) List United States
US BIS Denied Persons List United States
UNOPS Vendor Sanctions Global
South African Targeted Financial Sanctions South Africa
Rosfinmonitoring WMD-related entities Russia
Russian Oligarch Database Global
Azerbaijan Domestic List Azerbaijan
Dutch National Sanctionlist Terrorism Netherlands
Wikidata Entities of Interest Global
Forbes 2021 List of Russian Billionaires Global
EU Sanctions Map European Union
Europe's most wanted fugitives European Union
Canadian Listed Terrorist Entities Canada
Polish list of persons and entities subject to sanctions Poland
Singapore Targeted Financial Sanctions Singapore
FBK Recommended List of Individuals for Sanctioning (Navalny 35) Global
EBRD Ineligible entities

And external databases
NAME: PUBLISHER:
Wikidata Wikidata
Russian Unified State Register of Legal Entities (EGRUL) Федеральная Налоговая Служба
OpenCorporates OpenCorporates.com
Ukraine Consolidated State Registry Ministry of Justice of Ukraine
UK Companies House People with Significant Control UK Companies House
Legal Entity Identifier (LEI) Reference Data Global Legal Entity Identifier Foundation (GLEIF)
ICIJ Offshore Leaks Database International Consortium of Investigative Journalists (ICIJ)
OpenStreetMap Nominatim Geocoder OpenStreetMap
Cyprus Companies and Corporate Officers Department of the Registrar of Companies and Intellectual Property
1.2 PEP Screening
Our ‘AML Pro’ service incorporates the process of screening the same Sanctions Screening input User Data for politically exposed persons (“PEP’s”). User Data is screened on recursive basis overnight, every night, against the various sanctions data collected by Caresso as from time to time updated (at Caresso’s sole discretion and without further notice). We screen the main national, and international, data sources.
1.3 SIP screening
Our ‘AML Pro’ service incorporates the process of screening the same Sanctions Screening input User Data (persons, firms and bodies corporate alike) for special interest persons (“SIP’s”). User Data is screened on recursive basis overnight, every night, against the various sanctions data collected by Caresso as from time to time updated (at Caresso’s sole discretion and without further notice) and typically includes those implicated in, or convicted of, criminal activity, including the ‘most wanted’. We screen the main national, and international, data sources (including Interpol Red and Yellow lists). We also scan other lists and databases of interest.
1.4 *Asset screening
As part of our AML Pro Sanction Screening service, we also screen assets.
1.5 AML Verify
Our ‘pay-as-you-go’ passport verification service that provides passport chip scanning and photographic likeness verification. Bundles of ‘AML Verify Credits’ are purchased as needed as set out on the Website. (Jointly the “Services”).

2. User Data veracity guidelines
Extreme care must be taken when inputting User Data into our screening services. We strongly advise to include pseudonyms, aliases and even miss-spellings wherever there is any doubt as to the veracity of the identity of User Data. This is because our service is explicitly set up to match User Data that you have qualified against authoritative document(s) that you have in turn verified. For the absolute avoidance of any doubt, our services do not provide ‘fuzzy matching’ by design as they are designed for bulk, daily recursive scanning of verified client lists, for example those of accountants, financial institutions and other professionals that are required to perform the screening described in this document.

3. Website and Service utilisation
3.1 User is granted a license:
3.1.1 to access our User only website https://crm.caresso.law for the sole purpose of consuming the Services (“Website”). The Website may not be reproduced, reverse engineered;
3.1.2 to use the data generated by the Services for its own confidential internal purposes only.
3.2 The Website is for User access only and has been designed for use with the latest browser technology, and using an up to date, patched and virus protected browser is vital for accessing the Website.
3.3 The Website is designed to operate 365 days a year, 24 hours a day. We perform intensive overnight batch processing (GMT) during which time the Website may be busy, or at times innacessible, as it may during busy periods. We will take reasonable steps to ensure continuous operation of the Website. The nature of our overnight batch processing typically means that any outage will not affect the screening carried out ‘offline’ in our overnight jobs.
3.4 We use cookies on our Website and you must accept them to be able to use its full functionality.
3.5 User must, at all times, use the correct technology to access the Website.
3.6 User may only set up one AML User account for its use (or for the use of a company or business in which it works) and may not share login credentials with anyone outside of their organisation.
3.7 We do not warrant that our Services will be error free or inaccessible from time to time. But we do warrant to take all reasonable precautions to ensure that they are wherever possible. System failure, internet routiong problems and other such problems may result in inaccessibility beyond our control. And we shall not be responsible for, or liable as a result of, any such events of force majeure.
3.8 Wherever possible, we aim to carry out maintenance during the weekend to minimise disruption.
3.9 In some circumstances, and period of heavy load, some screening may be partically completed on any given day and then completed later in the day, or the next day.
3.10 Links out to external web resources are provided for your convenience. We are not responsible for said links and you follow them at your own risk.
3.11 By using the Services you are confirming acceptance of these terms and conditions.
3.12 You may not use the Services with third party integration tools, unless authorised by us, and in using them (with our authorisation) you accept and consent as to how the third party uses User Data, and assume all data protection risks.
3.13 We reserve the right, at our sole discretion, to make changes to the Services from time to time. Continued use of which constitutes acceptance thereof.
3.14 The data provided to you through the Services and on the Website is provided to you without any conditions and without any warranty of any kind whatsoever. It may also be out of date in inaccurate as it is sourced from third parties, and we specifically do not verify or check it in any way whatsoever.

4. Timescale and notice to terminate
Either Party may at any time, by giving one months prior notice (notice to run from the beginning of the month following the month in which the termination notice is served) to the other in writing (including by email), terminate this agreement, without having to give any reasons for doing so. The termination shall not prejudice or affect existing Cases already referred (or any derivative work and/or Cases made through client relationships entered into as a result of such original Case referrals. The obligation to make payment in respect of Cases and the related parties that have become clients of the User, and in turn any referees thereof, as provided for in this agreement shall survive termination without limitation to point of reference in time. The Party giving notice will not incur any financial liability to any other Party, other than set out herein. Following termination each party shall return or destroy (as directed in writing by the other party) any documents, handbooks, CD-ROMs or DVDs, software or other information or data provided to it by the other party other than in relation to referrals made.

5. Intellectual Property
With regard to the ownership of intellectual property, the Parties agree that: 5.1 however derived or created, in so far as it is contained within or, from, incorporated in the Brand and/or derived therefrom from the Brand, the Website and the Portal shall remain exclusively owned by Caresso. 5.2 it shall be owned by the Party having created it.

6. Disputes and arbitration
6.1 Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination (the “Dispute”), shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (the “LCIA”) Rules, which Rules are deemed to be incorporated by reference into this clause.
6.2 The number of arbitrators shall be one where the Dispute (excluding any costs) is below GBP 100,000, and three where the Dispute (excluding costs) is at least GBP 100,000.
6.3 The seat, or legal place, of arbitration shall be London, England.
6.4 The language to be used in the arbitral proceedings shall be English.
6.5 The governing law of the contract shall be the substantive law of Guernsey, or at the discretion of Caresso, English Law.
6.6 Unless otherwise directed by the arbitrator, any costs (including those of arbitration) shall be met by the party against whom the decision is made.
6.7 The LCIA and associated cost of arbitration shall, in the first instance (and until such time as awarded or otherwise directed by the arbitrator) be paid by the party having brought the Dispute.

7. Assignment
Caresso shall be entitled to assign, and User shall be obliged to forthwith accept a request for novation of, this agreement, or any of its rights and/or obligations hereunder. This term shall survive termination of this agreement (for any reason whatsoever) without limitation to point of reference in time.

8. Limitation of liability
USER'S ATTENTION IS PARTICULARLY DRAW8N TO THIS CLAUSE
8.1 Nothing in the Contract shall limit or exclude Caresso’s liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2 fraud or fraudulent misrepresentation; or
8.1.3 any other liability which cannot be limited or excluded by applicable law.
8.2 Subject as set out herein, Caresso shall not be liable to the User, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
8.2.1 loss of profits;
8.2.2 loss of sales or business;
8.2.3 loss of agreements or contracts;
8.2.4 loss of anticipated savings;
8.2.6 loss of use or corruption of software, data or information;
8.2.6 loss of damage to goodwill; and
8.2.7 any indirect or consequential loss.
8.3 Subject to this clause, Caresso total liability to User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to one thousand pounds.
8.4 Where English Law applies, the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.5 This clause shall survive termination of this agreement without limitation to point of reference in time.

9. Entire Agreement
This agreement constitutes the entire agreement between the parties and both parties acknowledge that they have not relied on any statements or representations beyond those set out in the agreement in entering into it.

10. Miscellaneous
10.1 Nothing in this agreement shall create or shall be construed as creating a partnership between Caresso and User.
10.2 Caresso and User hereby confirm that they accept the terms of this agreement establish the basis on which referrals of Cases will be made to User and broadly to each other User(s) from time to time as may be recruited by Caresso (as Caresso sees fit in its absolute and sole discretion) at than the rates set out in Schedule 1 annexed hereto which, for the avoidance of any doubt, may vary from User to User at Caresso’s absolute and sole discretion.
10.3 User’s details will not be publicly disclosed, or identified upon the Website, other than to clients referred to User.
10.4 The assets relating to use of the Brand are set out in Schedule 2 annexed hereto.
10.5 Any specific, or additional terms relating to this agreement are set out in Schedule 3 annexed hereto.
10.6 The data protection provisions relating to the sharing of data and set out in Schedule 6 shall apply to this agreement.
10.7 User authorises Caresso to use its logo on its websites and within promotional material issued by Caresso for the sole purpose of indicating that User is a user of Caresso's services.

[FOR INTERNAL USE ONLY: AML_Pro 070423 (C) Caresso Law (International) Ltd]