COVIDCert Check NI – Terms & Conditions

Introduction

Welcome to the terms of use (“terms”) for the COVIDCert Check NI Verifier app (“NI Verifier app”). The Department of Health (‘DOH’, ‘we’, ‘our’) owns and has overall responsibility for the Verifier app.

These terms apply to the NI Verifier app only. There are separate terms of use that apply to the COVIDCert NI App (“Service”).

Purpose of the NI Verifier app

The purpose of the NI Verifier app is to allow the device onto which the NI Verifier app is downloaded to scan and read a 2D barcode produced by the Service, which contains information associated with the Service user’s digital ‘COVID status certificate’. This certificate confirms that the Service user has been fully vaccinated against COVID-19 and the certificate can be used by the Service user to demonstrate their COVID status for the purposes of international travel, or for domestic purposes which the government may approve from time to time.

The NI Verifier app is only designed for use in conjunction with the Service and must not be used for any other purpose.

International barcodes are only to be checked by travel operators for the purposes of verifying an individual’s COVID Pass and determining if they meet the international destination’s requirements. The service must not be used for any other purpose.

How to use the NI Verifier app

To use the NI Verifier app, you must first download it from the Apple App Store or Google Play store. You should refer to the terms of use and privacy notices applicable to each app store when visiting those stores to download the NI Verifier app.

Upon navigating to the 2D barcode verifier, you will first be met with the initial landing page. This page is the first page in the application where you are always able to navigate back to or progress to the 2D barcode verifier.

The “Check 2D barcode” button will navigate you to the 2D barcode verifier where you will be able to direct the camera at a Service user’s COVID certificate. To do this, the Service user’s 2D barcode, which will be either on their device or printed out, will need to be placed inside the four blue square guidelines.

International results: the international 2D barcode Code represents the COVID status of an individual person; it follows a set international standard designed by eHealth Network (Part of the European Commission), and all developers who develop COVID related applications follow this set standard. It is intended to be used for international travel and can hold two statuses. The first, a valid travel certificate, will return a dark blue valid screen requesting Check ID. A red invalid screen will be shown for those who have had less than 2 weeks since their second vaccination.

Domestic results: the domestic results of a COVID-19 2D barcode can hold three possible statuses. The first being valid which represents a green valid vaccination certificate of an individual user.  A second status with a yellow check request is returned for users presenting a paper certificate. The third is a red invalid status expired. This means the user has not presented a 2D barcode that satisfies the criteria for a domestic certification. When represented on the app the verifier will see ‘Invalid’ and the time and date.

About your data: The NI Verifier application reads 2D barcodes that store personal data and allows the verifier to read and display this information. However, this information gathered from the 2D barcode is never stored or transmitted on the NI Verifier app. App permissions are used to securely store keys that are used to verify that a 2D barcode has been signed by a trusted authority. These permissions are not used to store any data related to the Service user or app usage. The storage used does not hold any personal data.

The COVID certificate is a legally recognised document for specific usage, the production of which is subject to UK GDPR and data protection legislation.  You should be aware that knowingly providing false information when applying for a COVID certificate or misusing the COVID certificate may constitute criminal behaviour.  The maximum penalty, if convicted, is 10 years imprisonment and/or an unlimited fine.  We will report suspected criminal behaviour to the police with a view to prosecution.

Your right to use the NI Verifier app

The NI Verifier app is protected by intellectual property laws. If you comply with these terms, you have a personal, perpetual, non-exclusive, non-transferable, revocable, limited licence to use the NI Verifier app for your own personal use. We reserve all other licence rights not expressly permitted under these terms.

For the avoidance of doubt, any sale, sublicensing, reproduction, representation, distribution, modification, adaptation or translation of the NI Verifier app and its content, in whole or in part, is prohibited, except within the limit of these terms or with our express authorisation.

By agreeing to use the NI Verifier app you are agreeing not to take screenshots of citizen’s 2D barcode or personal data.  The taking of a screenshot of citizen’s 2D barcode or personal is prohibited.

Our responsibility to you

No warranty. While we take every care to ensure the correctness of the information, content and communications published in the NI Verifier app, we make no representation, warranty, or guarantee as to the correctness, accuracy, completeness, currency or reliability thereof. We assume no responsibility and make no warranty that the functions and use of the NI Verifier app will be permanently and continuously available and free of errors or faults, that errors will be rectified, or that the NI Verifier app will be free of viruses or other harmful elements.

** Please note** Exclusion of liability. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Northern Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the NI Verifier app or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the NI Verifier app; or
• use of or reliance on any content displayed on the NI Verifier app.

If you are travelling internationally, please note that, we will not be liable for:

• loss of profits, sales, business, or revenue.
• travel interruption or disruption.
• loss of anticipated savings.
• loss of business opportunity, goodwill, or reputation; or
• any indirect or consequential loss or damage.
• any delays in receipt of your certificate or in travel arrangements
• We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or in respect of any of your legal rights as a consumer (to the extent that these cannot be excluded).

Limitations to the NI Verifier app and the Service. While the NI Verifier app provides proof of the service user’s COVID-19 vaccination status, this version of the NI Verifier app provides no additional functions. 

Automated processing. The NI Verifier app itself doesn’t undertake any automated processing but the identity management process via Nidirect may do. However, if there are any issues with verification of your identity on NIDA, you can call the Northern Ireland’ Helpline ‘0300 200 7814, Monday-Friday (excluding bank holidays) between the hours of 8:00am – 8:00 pm. 

Withdrawal of or changes to the NI Verifier app or Service. The NI Verifier app and Service is intended to be made available for a limited period only while the Covid-19 crisis is ongoing. Without prejudice to this, we expressly reserve the right, at any time, without prior notice, to withdraw the NI Verifier app and Service. We also expressly reserve the right, at any time, and without prior notice, to make changes and/or improvements to the NI Verifier app and Service.

Check that the NI Verifier app and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the purpose of the NI Verifier app and the Service (as described on the App Store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the NI Verifier app or the Service is delayed by an event outside our control, then we will notify users via the HSCNI website:

https://covid-19.hscni.net/news/

to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

You can end your use of the NI Verifier app and what happens if you do

You can stop using the NI Verifier app at any time, and you can delete it at any time from your device.

If you delete the NI Verifier app, you will not be able to access the Service, and all rights granted to you by these terms will cease. We will not be holding any personal data in relation to you, since we will not be collecting any; however, any data held on your phone can be removed as indicated in the NI Verifier app instructions. Details are provided in relation to data processed by the NI Verifier app in the Privacy Information Notice. 

We may end your rights to use the NI Verifier app and the Service if you break these terms

We may end your rights to use the NI Verifier app and Service at any time by contacting you if you have broken these terms. If we end your rights to use the NI Verifier app and Service:

• You must stop all activities authorised by these terms, including your use of the NI Verifier app and any Service.
• You must delete or remove the NI Verifier app from your device(s) and immediately destroy all copies of the NI Verifier app which you have and confirm to us that you have done this.
• We may end support and linkage to the NI Verifier app, from the App backend, rendering the NI Verifier app redundant. 

No rights for third parties

In respect of any individual not resident in Northern Ireland downloading and using the NI Verifier app: it is clearly our stated intent, that this app should not be used by individuals or organisations who are not resident or based in Northern Ireland and is not for use outside Northern Ireland. In order to avail of the NI Verifier app’s functionality in terms of vaccination status, it is essential that users and organisations are resident in Northern Ireland, in order for us to be able to verify their COVID-19 vaccination status. As a result, we can accept no liability for anyone ignoring the instruction and using the NI Verifier app improperly. 

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.

If a court finds part of these terms illegal, the rest will continue in force

Each term operates separately. If any court or relevant authority decides that any term is unlawful, the remaining terms will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce them later

Even if we delay in enforcing these terms, we can still enforce them 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 breaching these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Terms survive

Any of these terms of use that are intended to come into or continue in force on or after termination or expiry of these terms (which includes for the avoidance of doubt the provisions dealing with *Our responsibility to you*) will remain in full force and effect following termination or expiry. Termination or expiry of these terms of use shall not affect any rights, remedies, obligations or liabilities of you or us that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the terms of use which existed at or before the date of termination or expiry.

Jurisdiction

These terms are governed by the law of Northern Ireland, and you can bring legal proceedings in respect of these terms (or anything to do with the NI Verifier app or the Service) in the courts in Northern Ireland only.

Continuity

We reserve the right to suspend, terminate or otherwise alter access to some or all of the NI Verifier app at any time and without notice.

Change to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 7 days’ notice of any change by sending you an in-App notification and providing you with details of the change, on this publication, and notifying you of a change when you next start the App.