WEBSITE TERMS AND CONDITIONS
Acceptance of the Terms
By entering, connecting to, accessing https://verofax.com/ (the “Website”) You signify your agreement to these terms and conditions between yourself and VEROFAX LIMITED, having its registered address at DD-14-124-061 Floor 14, WeWork Hub71, Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, having its official registration number of 000001884 (hereinafter referred to as “Company”, “we“, “us“, “our“) and regulated by the Relevant Laws.
This Website is operated by the Company and is a blockchain technology solution developed for facilitating the verification and authentication of documents and signatures by the Users. To contact us please use the following e-mail address: [email protected].
BY USING THIS WEBSITE, YOU ACCEPT THE FOLLOWING TERMS
You hereby represent that You possess the legal authority to enter into these Terms on Your and Your organization’s (if applicable) behalf and to form a binding agreement under any applicable law and to fully perform any obligations hereunder.
- PURPOSE OF THE WEBSITE:
The Website is a platform to convey to the users about the services like Serialization, Asset Digitization, Traceability and Certificate validation offered by the Company. The Users can view and register in the platform and avail the services offered by the Company’s blockchain platform. It allows the users to create unique digital identity for their product, upload the contents and documents for the end-uses to know about their product. Additionally, the platform allows the user to manage brand ,products ,inventory, marketing campaigns etc (hereinafter shall be referred to as the “Purpose”).
The Terms govern any use of the Website pursuant to the Purpose.
In these Terms, the following words and phrases have the meanings shown next to them:
- “Account” shall mean the account created and used by the Issuer, Recipient, User pursuant to the Services;
- “Document ID” shall mean the identification number of a Document;
- “Document” shall mean any document including without limitation to, any certificate, letter, scrolls or any other document whether for the purpose of validation, authorization, approvals, permissions, consents or otherwise, that is uploaded onto the Website for the Purpose;
- “Intellectual Property Rights” shall mean means all rights attached to the patents, trade and other marks, registered designs, copyrights, trade and business names and applications for any of the same, inventions, discoveries, improvements, designs, techniques, know-how, engineering and data, specifications, computer program, software (including the data and information processed or stored by such software) and other confidential process methods and information (including confidential information) and other protected rights, assets, and know-how and any licenses and permissions in connection with any of the same and the full right to all intellectual property and legal protection relating to the same in any part of the world including the right to sue for past infringements, regardless of the form or medium involved (e.g., paper, electronic, tape, tangible or intangible);
- “Issuer” shall mean the entity, institution, or organization that issues the Documents;
- “Recipient” shall mean the individual, entity, or organization that the Document is issued to;
- “Relevant Laws” shall mean all the valid laws administrative regulations, administrative rules, local regulations, judicial interpretations applicable to the Company.
- “Services” shall mean any service or product offered on the Website for the Purpose;
- “User” shall mean a registered or non-registered user which includes any individual, entity, or organization that views the Documents;
- “You” shall mean any individual, entity, organization, or institution that has accessed the Website including without limitation to the Issuer, Recipient, or User; (the terms “Yourself”/ “Yours” shall be interpreted accordingly.)
- YOUR ACCOUNT
To use the Website, You may be required to open and register an Account on the Website:
- You shall be responsible for maintaining the confidentiality of Your Account details including Your registered ID and password.
- You shall be responsible for all activities that occur in Your Account.
- To create an account, You must be at least 18 years old and You must provide truthful and accurate information about yourself.
- You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website.
- It is Your responsibility to ensure that your contact details are updated at all times in the Account.
- You agree to immediately notify us if there is unauthorized use or breach of Your Account.
- You shall exit from the Account at the end of each session.
- You may be required to provide certain Personal Information while using the Website.
- The Company is not required to make any investigations regarding Your identity before gaining access to the Website.
3. ADDITIONAL REQUIREMENTS FOR ISSUER ACCOUNT
For the Purpose, the Issuer may be required to register to avail of the Services and agrees to be bound by the following additional requirements and terms:
- The Company may reject or require a change in any login credentials or other information provided in registering (collectively, the “Registration Information”).
- The Issuer takes full responsibility for the authenticity of the Documents uploaded on the Website.
- The Issuer must use reasonable efforts to maintain the confidentiality of and prevent unauthorized use of the Registration Information and must promptly notify the Company of any / confidentiality breach or unauthorized use of the Registration Information or the Account.
- The Issuer is responsible for the accuracy of information submitted on the Website and the Company shall not bear any liability for any loss or damage arising from any erroneous or insufficient information provided on the Website.
- The Issuer accepts that in case of any discrepancy in the information provided to the Company, the onus shall be upon the Issuer.
- If the Issuer suspects an error in the information supplied to the Company through the Website, they shall rectify the error immediately. The Company will endeavor to correct the error promptly wherever possible on a best effort basis.
4. UPLOAD AND ACCESS OF DOCUMENTS
- The Website will publish Documents based on the information supplied to the Company. The Issuer takes the responsibility for the correctness and accuracy of the Document and the relevant authorizations supplied to the Company.
- The Issuer undertakes to provide any additional information or documents that may be required by the Company prior to providing any existing/modified/additional service pursuant to the Purpose.
- You acknowledge and agree that the Issuer of the Document is solely responsible for the criteria for issuance of the Document, and any dispute relating to the issuance or receipt of the Document must be resolved solely between the Issuer and the Recipient. Issuers may revoke a Document from the Recipient for any reason, and without notice. The Company shall not be responsible for the validity or veracity of any Credential issued by an Issuer.
- The Company shall not be responsible for any incidental error which occurs in spite of necessary steps being taken to ensure the accuracy of the information provided to the User and no claim shall be brought against the Company in an event of loss or damage suffered by the Issuer or User as a consequence of the inaccurate information provided to the Company.
- The Issuer and Users agree that all security procedures used and implemented by the Company on the Website are reasonable and adequate.
- All Documents, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, whether publicly posted or privately transmitted (hereinafter referred to as the “Content”), are the sole responsibility of the person from whom such Content originated. This means that the uploading Party is responsible for all Content that it uploads, posts, e-mail, transmit, or otherwise make available through the Website.
- The Company has no obligation to pre-screen the Content, although the Company reserves the right in its sole discretion to pre-screen, refuse, or remove any Content. Without limiting the foregoing, the Company shall have the right to remove any Content, including but not limited to, Content that violates the Terms or that the Company deems objectionable.
5. PAYMENT FOR SERVICES
- Depending upon the type of Your Account, You may be required to pay for availing certain Services;
- You will pay all fees specified on the Website for the specific Services;
- Except as otherwise specified on the Website and/or any agreement between You and the Company, the fees are based on Services purchased and not actual usage;
- The payment obligations for access to Services are non-cancellable and fees paid are non-refundable, and quantities purchased cannot be decreased during the relevant subscription term.
- You agree and acknowledge that the Website may link the processing of payment with any third-party payment services providers wherein You may be required to provide the Registration Information and/or the details of instrument of payment and/or bank account details
- You agree that the debit/credit card details provided You for use of the aforesaid Service(s) must be correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned by You or the use of which is not authorized by the lawful owner thereof.
- You further agree and undertake to provide a correct and valid debit/credit card details.
- You may pay the fees to the Company by using a debit/credit card or through an online banking account if facilitated by the third-party payment service provider.
- You warrant, agree, and confirm that when You initiates a payment transaction and/or issues an online payment instruction and provides his/ her card/bank details:
- You are fully and lawfully entitled to use such credit/debit card, bank account for such transactions;
- You are responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- You are authorizing debit of the nominated card/ bank account for the payment of fees selected by You along with the applicable fees for availing the Services.
- You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by You inclusive of the applicable fee.
- The Company does not make any representation of any kind, express or implied, as to the operation of the third-party payment gateways or processors linked with the Website. By accepting/ agreeing to these Terms, You expressly agrees that Your use of the aforesaid online payment services is entirely at own risk and responsibility of the User.
- The Company shall not be responsible for any loss or damages whether direct or incidental caused to You by the use of such payment gateways or processors linked with the Website.
6. INDEMNITY AND LIMITATION OF LIABILITY
- In consideration of the Company agreeing to provide the Services to the Issuer and the User, both Parties hereby irrevocably agree to indemnify and keep the Company indemnified, at all times hereafter, from all losses, damages, costs, legal fees, charges and expenses and consequences whatsoever, suffered or incurred by the Company on account of any claims, actions, suits or otherwise instituted by the Issuer, User or any third party whatsoever, arising out of or in connection with
- the creation and use of the Documents;
- a breach of these Terms by the Issuer or User, which were contributed to or caused by negligent actions by either party or a failure on that party’s part to notify the Company within a reasonable time about any security breach; and
- The Issuer and User further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Issuer and the User notwithstanding any partial or full withdrawal, closure, and defunctness of the Account.
- Except as expressly provided in these Terms, the Company, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, even if the Company had been advised of the possibility of such damages or loss, suffered by the Issuer or User, howsoever arising from or relating to:
- any use of or inability to use of the Website;
- any inaccuracy, incompleteness, or misinformation supplied on the Website by the Issuer
- the erroneous input of instructions or any other information by the Issuer;
- any breach of security caused by the Issuer, User, or any third party;
- any loss of, unauthorized access to or alteration of information or data during processing or transmission;
- the Website acting on the Issuer’s instructions;
- any unauthorized use of the Website or for any fraudulent, duplicate, or erroneous use by the Issuer or User;
- any unauthorized access by any other person or breach of confidentiality;
- any lapse or failure on the part of any service provider or any third party affecting the Website;
- any unavailability or improper functioning of the Website for any reason including due to the location, mobile network availability and signal strength, proper functioning of hardware, or software;
- any delay, interruption, suspension, resolution, or error of the Website in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in the transmission of any information or message to and from the mobile device or electronic equipment of the Issuer or User and the network of any service provider, or any breakdown, interruption, suspension or failure of the Website’s system or the network of any service provider and/or any third party who provides such services as is necessary to provide the Services.
- any dispute between the Issuer, User, or any third party;
- use of the Services by any other person with an express or implied permission of the Issuer or User;
- the confidentiality, secrecy, and security of the personal information supplied pursuant to the Account information being sent through the Website pursuant to the Services;
- disclosure of personal information to a third party by the Company, for reasons including, but not limited to participation in any telecommunication or electronic clearing network, in compliance with the Relevant Laws.
7. INTELLECTUAL PROPERTY
- You acknowledge that the Company is the owner of or has the right and ability to provide access to the requisite Intellectual Property Rights for the purposes of these Terms.
- You acknowledge and agree that any and all Intellectual Property Rights relating to (a) the implementation of these Terms (b) all materials, documentation the and subsequent amendments including user guidelines in any form for use in connection with the implementation of these Terms (c) whether such rights are existing prior to or are created after the commencement of these Terms, shall constitute or become the property of the Company to the extent permitted by the Relevant Law.
- You agree to treat the access rights, documentation, Intellectual Property Rights or any other information related to the Company as strictly private and confidential. You shall have no right, other than as permitted by these Terms or as permitted by the prior consent of the Company (which may be withheld), to use, copy, reproduce, disclose or permit any other person or business entity to use or have access to such Intellectual Property Rights.
- The Company shall have the absolute right to utilize the Intellectual Property Rights to its benefit and advantage and to alter and/or improve any element or component thereof in any manner it deems fit at all times.
- You acknowledge and agree that You obtain no right or interest in the Intellectual Property Rights under these Terms.
- In relation to the Intellectual Property Rights which are the subject of these Terms and Conditions, You shall abide by the following:
- You shall not sell, give, grant, assign or in any way dispose or attempt to dispose of the Intellectual Property Rights to any third party, nor purport to engage in any such conduct;
- You shall not register or apply for registration of any Intellectual Property Rights in any country, nor support or assist directly or indirectly any other party to do so;
- You shall not in anyway, infringe the Intellectual Property Rights, nor support or assist directly or indirectly any other party to do so;
- You agree to notify the Company as soon as it is aware of any infringement of the Company’s Intellectual Property Rights or becomes aware of or suspects any unauthorized third-party access to or use of Intellectual Property Rights, and shall provide all reasonable assistance to the Company to prevent or limit the scope of such infringement.
- You shall not sell, give, grant, assign or in any way dispose or attempt to dispose of the Intellectual Property Rights to any third party, nor purport to engage in any such conduct;
- In case of any violation of or infringement of the Intellectual Property Rights by any means, the Company shall be entitled to take any legal action against the Issuer or User it considers appropriate and seek compensation for such infringement and, without limiting the scope of its rights in this regard, it may also serve a notice to any Issuer or User for the termination of these Terms.
- The obligations in this clause shall continue in force notwithstanding termination of these Terms for whatsoever reason.
1.Except as otherwise expressly set forth, the Issuer retains ownership of the Documents, and for each such Document, the Issuer hereby grants to the Company, to the maximum extent permitted under the Relevant Law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to You or any third party, to reproduce, distribute, and display (publicly or otherwise and otherwise use, such Document for the Purpose, in any format or media now known or hereafter developed.)
2. The Issuer represents and warrants that it has all rights necessary to grant the licenses granted in the Terms and that the Documents, and the provision of any Document in connection with the Purpose, are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.
9. AMENDMENTS OR CHANGES TO THE WEBSITE
1. The Company may change these Terms or the Website as required for the business and at the request of the Issuer.
2. Your use of any of the Services pursuant to the Purpose following any changes to these Terms will constitute Your acceptance of those changes to these Terms, as applicable. Such changes will not apply prior to Your acceptance of the new terms. The “Last Updated” legend above indicates when this Terms was last changed. The Company may, at any time and without liability, modify or discontinue all or part of any Services (including access to any Services via any third-party resources); charge, modify or waive any fees required to use any Services; or offer opportunities to some or all the users of the Services. Any use of the Services outside of the scope of the Purpose is at a User’s or Issuer’s own risk, and they must comply with all the Relevant Laws.
1. The Company warrants that the Website will work in accordance with its intended Purpose. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. The Company does not warrant (i) uninterrupted or error-free operation of the Website or (ii) that the Website will correct all defects or prevent third-party disruptions. The warranties hereunder will not apply if there has been misuse, modification, damage not caused by the Company, failure to comply with instructions provided by the Company. You are responsible for determining Your compliance with Relevant Laws and the Company makes no warranty or representation regarding Your compliance therewith.
11. VIRUS AND TECHNICAL PROBLEMS
1. The Company does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programs, and platform to access our Website. You should use your own virus protection software.
2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any breach of this provision to the Relevant Laws and applicable enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Website will cease immediately.
12. ACCEPTABLE USE
- You may use our Website only for lawful purposes. You may not use the Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which the Company may determine from time to time;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful products or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of the Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
The Content uploaded on the Website must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the Relevant Laws as applicable in the relevant jurisdiction.
The Content must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person.
- Give the impression that the Document emanates from the Company if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or another inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other websites.
BREACH OF THIS CLAUSE
- When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this clause constitutes a material breach of the Terms upon which You are permitted to use our Website, and may result in our taking all or any of the following actions:
- Immediate, temporary, or permanent withdrawal of Your right to the Website.
- Immediate, temporary, or permanent removal of any contribution uploaded by You to our Website.
- Issue of a warning to You.
- Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against You.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of this clause. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- Non-Eligibility: The Company reserves the right, subject to applicable law, to discontinue, withdraw or terminate the Service(s) at any time and for any reason, including without limitation if the Company, in its sole judgment, believes that any Issuer or User is engaged in activities that violate any of the terms under these Terms or the rights of the Company or any of its service providers, or if the Issuer provides the Company with false or misleading information.
- Severability: If any provision of the Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms will remain in full force and effect. Any provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
- Waiver: The Company reserves all rights not expressly granted to You. No failure or delay in (i) exercising any right or remedy; or (ii) requiring the satisfaction of any condition under the Terms, and no course of dealing between the parties, operates as a waiver or estoppels of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. The rights and remedies of the parties outlined in the Terms are not exclusive of but are cumulative to, any rights or remedies now or subsequently existing at law, in equity, or by statute.
- Feedback. We always appreciate Your feedback and other suggestions about our Services. But You should know that we may use them without any restriction or obligation to compensate You, and we are under no obligation to keep them confidential.
- Assignment. You may not assign or delegate any right or obligation under these Terms, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign or delegate any right or obligation under these Terms, by operation of law or otherwise, without Your consent.
- The Issuer may terminate their Account directly via the Website or by contacting the Company. Notwithstanding the termination of Account, the Issuer shall remain accountable for all Services subscribed for and used before any cancellation of all Services.
- The Issuer shall be liable to pay all applicable fees concerning early termination of the Account.
- The Company reserves the right to terminate any Services provided at any time by writing to the relevant party if:
- The Issuer does not make any payments that are due;
- The Issuer does do not, within a reasonable time of us asking for it, provide us with information that is necessary to provide the Services
- The Issuer or User is in material breach of the Terms and does not rectify the material breach within 14 days of notifying of the breach.
15. GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of Abu Dhabi Global Market and shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.