Section 6: Simple KYC Service Terms

These additional terms and conditions (“SKYC Terms”) cover your use of the Simple KYC (“SKYC”) extension to greenID^TM through the proprietary Products and Service offered by SKYC (“SKYC Products or Services”) that you have agreed to purchase.

1. Key aspects of the service extension:

1.1 You agree that you will not (without Our prior written approval):

1.1.1 Use or permit the use of the Products and Services for any purpose other than the permitted purpose authorized in accordance with this Agreement;

1.1.2 copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the SKYC Products or Services;

1.1.3 Use the SKYC Products or Services to assist in the conduct of the business of any third party (that is not a party to this Agreement);

1.1.4 Vary, alter, modify, interfere with, reverse disassemble, decompile, or reverse engineer or otherwise seek to obtain or derive the source code from any part of the SKYC Products or Services (or directly cause or permit any other person to do so);

1.1.5 Publicly disseminate information regarding the performance of the SKYC Products or Services; or

1.1.6 Sub-licence, rent, sell, lease, distribute or otherwise transfer the SKYC Products and Services or any part of them except as permitted under this Agreement

1.2 You further agree that you will:

1.2.1 maintain the confidentiality of all login information and not allow or authorize any person other than your Personnel to use the relevant login information. We will contact you if we suspect a breach and must notify SKYC where any suspected or actual unauthorized access to or use of login information has occurred;

1.2.2 Be responsible for all activities that occur on the SKYC Products and Services, whether or not authorized by You;

1.2.3 Ensure that Your Personnel do not use the SKYC Products or Services in any way that:

1. involves any false, defamatory, harassing or obscene use;
2. involves unsolicited electronic messages;
3. would involve the contravention of any person’s rights (including Intellectual Property Rights);
4. may contravene any laws
5. could damage, disable or impart any part of the SKYC Products or Services;
6. may otherwise be regarded by SKYC on reasonable grounds to be unacceptable;
7. involves any fraudulent activity; or
8. involves the sale or promotion of any illegal business activities or prohibited products or services in the jurisdiction in which the SKYC Products or Services are being delivered.

2. Data Protection

2.1 Your data stored in greenID (Business Name and registration details) will be stored indefinitely, unless You elects to apply a retention period. The retention period can be any period as determined by You.

2.2 GBG operates solely on Your instructions in relation to the disposal of any data (including personal information).

2.3 As part of the SKYC business verification service, We display data owned and held by SKYC. We are not liable or responsible for the treatment or handling of this data.

2.4 Data held by SKYC is held indefinitely, should You require SKYC data to be deleted, You will need to request it directly from SKYC by emailing support@simplekyc.com . You acknowledge that all deletions are permanent and once deleted, the data cannot be retrieved.

2.5 You hereby grant SKYC a non-transferable, non-exclusive, royalty free licence to process the Customer Data to enable SKYC to provide SKYC Products and Services.

2.6 SKYC privacy policy can be found on their website: https://www.simplekyc.com/privacy-policy

3. Disclaimer

3.1 You acknowledge that SKYC Products and Services may incorporate third party content including open source software and that SKYC is not responsible for the accuracy, quality, integrity or reliability of the same.

3.2 To the extent permitted by Law (including the Australian Consumer Law, if applicable), SKYC and Us do not give any representation or warranty as to the reliability, accuracy or completeness of any third party content, including open source software. We and SKYC will have no responsibility or liability to You or any other person arising from or in connection with any error, defect or inaccuracy in any third party content.

3.3 You acknowledge and agree that, to the extent permitted by Law (including the Australian Consumer Law if applicable), SKYC Products and Services are made available "as is". SKYC and Us make no representation, warranty or guarantee:

     3.3.1 that SKYC Products and Services will operate in combination with any other hardware, software or platform;
     3.3.2 that SKYC Products and Services will meet any Your requirements or expectations;
     3.3.3 that SKYC Products and Services will enable You to fulfil its obligations pursuant to any applicable Law or regulation;
     3.3.4 that SKYC Products and Services, and information extracted from them, will be accurate, free from defects, bugs, errors or omissions; and
     3.3.5 in relation to the accuracy, currency, reliability or quality of the SKYC Products and Services, and materials.

3.4 To the extent permitted by Law (including the Australian Consumer Law if applicable), SKYC and Us disclaim any warranties, representations or endorsements, express or implied, with regard to the SKYC Products and Services and materials, including all implied warranties of merchantability, title, fitness for a particular purpose, functionality, availability or non-infringement.

3.5 SKYC uses reasonable endeavours to ensure that SKYC Products and Services are free of viruses or other harmful components, but cannot guarantee they will be free from unknown viruses and other harmful components.

3.6 SKYC and Us shall not be liable for delays, interruptions, service failures and other problems:
     3.6.1 inherent in use of the internet and electronic communications or other platforms; or
     3.6.2 caused by third parties that SKYC relies on in the provision of SKYC Products and Services,
outside the reasonable control of SKYC.

3.7 SKYC and Us disclaim all liability in respect of the results of any verification of identity performed using SKYC Products and Services.

4. Indemnity

You shall indemnify SKYC and/or Us against any loss or damage suffered or incurred by or claim made against SKYC and/or Us as a result of or in connection with the Your breach of the any obligations or warranties provided herein or any fraudulent or unlawful acts or omissions, or wilful misconduct, by You or Your personnel.