Terms | iValidate.co.za

Terms and Conditions

Key summary

iValidate offers advanced identity verification solutions that help to eliminate the risk of fraud. Through our biometric, customer onboarding and digital identity products and services, we create virtual vaults for customer information to ensure our clients know who they are dealing with.

Introduction

By accessing and using the IVALIDATE website (the “Website”), the IVALIDATE platform/database and any associated services, and the IVALIDATE platform/s and associated services (combined referred to as “IVALIDATE Services”), you the User (“you” “User” or “Participant”) agree to the following Terms and Conditions of Service (“Terms”). They may be modified from time to time. iValidate is a South Africa company. Please read these Terms carefully. If you do not agree with all of the Terms, please do not use the IVALIDATE Services. When you access the IVALIDATE Services, it constitutes your acceptance of each of these terms.

These terms may be changed, supplemented or updated by IVALIDATE and any parties associated with the IVALIDATE Team (collectively referred to as the “IVALIDATE Team”) at its sole discretion without prior notification. You should check the Website regularly to keep abreast of any applicable changes. You confirm your acceptance of these terms as modified, changed, supplemented or updated by us, if you continue to use the IVALIDATE Services. If you do not agree to such revised terms you must stop using the IVALIDATE Services, links or content contained on the Website.

Security and data privacy

Upon IVALIDATE Team´s request, you will immediately provide to us information and documents that we, in our sole discretion, deem necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial process.

Phishing

Fraudsters may try to hack the IVALIDATE system. They may also try to access your details through email or other means, such as regular mail, fax or telephone, or even by going through your personal trash. Hackers and scam artists may try to target you through a method that is known as PHISHING. Hackers may send you communication that is authentic-looking such as an email or phone connection that appears to be from IVALIDATE but rather is sent by imposters using similar looking contact information to obtain your information. These deceptive emails may try to get you to expose your subscriber information. We disclaim any risks in connection to people trying to hack the IVALIDATE Services or via Phishing attacks.

Advisory:

If you receive an email from someone claiming to be the authorized by IVALIDATE or the IVALIDATE Team or directing you to another website or link other than ivalidate.co.za

Do not reply to the email or open any attachments. Attachments can often contain code that can be damaging to your computer. Some phishing emails contain software that can track your activities on the internet without your knowledge.
If you receive an email, first check that it is from a valid IVALIDATE email. If you click a link, make sure it takes you to a valid IVALIDATE website.
Use an anti-virus software and keep the software that you use updated.

Risk Disclosure

Reliance is placed on third-parties to develop, support and maintain the IVALIDATE platform in order for it to be launched and for it to be operational, subsequent to the launch.
While we do our best to get only the best service providers, contractors and employees, we do not take on any risk of internal fraud.
The regulatory requirements of an Identity Verification Service Provider changes from time to time. While we will make effort to comply with the regulatory requirements, IVALIDATE may cease operations in a jurisdiction if regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approvals to operate in such jurisdiction.
Cloud storage services may be provided to you. Several risks related to the storage of data in the cloud exist. The storage of large amounts of sensitive and/or proprietary information may be compromised in the event of a cyberattack or other malicious activity. The storage services may be interrupted, and files may become temporarily unavailable in the event of such an attack or malicious activity. Users may access the storage using various hardware and software. There is the risk that the storage services may be interrupted or become inoperable due to the inability to integrate the various systems not controlled by the IVALIDATE Team.
Nothing contained on the Website constitutes legal, tax or other advice.
Nothing on our Website should be construed as a solicitation or offer, or recommendation to engage in any transaction.

Aggregate information

From time to time, we may gather information and statistics about the visitors to the Website which may include the information supplied by you. This information helps us to layout our Web pages in an easy-access way and to improve the IVALIDATE Services to better meet your needs. We may share this data with third-parties. Personal data is processed by us in accordance with our Privacy Policy. To the extent these Terms include provisions that are not covered by, or are inconsistent with this Policy, the Privacy Policy will supersede this Policy.

Third-party content

We may display third-party content, advertisements, links, promotions, logos and other materials on the Website (collectively, the “Third-Party Content”). We do not approve of, control, endorse or sponsor any third-parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third-party that provides Third-Party Content, are solely between you and such third-parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to the Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.

Restrictions

Children below 18 years old are not allowed to use the IVALIDATE Services.
You may not use the IVALIDATE Services for the following inappropriate behaviour (“Inappropriate Behaviour”):

In any way that may cause damage to the IVALIDATE Services or the Website or to other Users of IVALIDATE Services
For any unlawful or fraudulent purposes
For any personal gain in an unlawful or fraudulent manner
In any way that would breach any laws and regulations
In any way that would be harmful to anyone
To transmit unauthorized advertising or promotional material.
To access anyone else’s data or accounts other than your own.
To perform a Denial of Service or Distributed Denial of Service against the IVALIDATE website.

You may not replicate or modify the IVALIDATE Services.

The IVALIDATE logo, taglines and marketing material is copyrighted and you may not replicate it or use it without our permission.

You should be respectful in the way that you deal with the IVALIDATE Team. We are working to help you and we reserve our rights to delete anyone’s account who is rude or abusive towards the IVALIDATE Team.
Any breach of these terms could result in the following:

Discontinuation of the use of the IVALIDATE Services
Report your activities to the relevant authorities
Possible legal action against you

Disclaimer

The Website and all information, products and services provided through the Website are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of the Website, any products or services we may provide through it or the information or material it contains.

Each of the members of the IVALIDATE team disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation: (a) any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with the Website; (b) any warranties that the Website or the server that makes it available are free of viruses, worms, Trojan horses or other harmful components; (c) any warranties that the Website, its content and any services or products provided through it are error-free or that defects in the Website, its content or such services or products will be corrected; (d) any warranties of title or implied warranties of merchantability or fitness for a particular purpose; (e) any warranties that the Website will be compatible with your computer or other electronic equipment; and (f) any warranties of non-infringement.

The materials and related graphics published on the Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the Website. The IVALIDATE Team may make improvements and/or changes to the Website, its products, services and/or the materials described on the Website at any time.

In addition, to the maximum extent permitted by law, none of the IVALIDATE Team shall be responsible or liable for:

any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of the Website or any of its content;
any reliance on, or decision made on the basis of, information or material shown on or omitted from the Website;
any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on the Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
any reliance based on any representations made by anyone pretending to be representing the IVALIDATE Team; should this come to your attention, please report to the IVALIDATE company immediately;
any matter affecting the Website or any of its content caused by circumstances beyond our reasonable control;
the performance of the Website and any fault, delays, interruptions or lack of availability of the Website and any of the services or products provided through the Website, which may occur due to increased usage of the Website, intermittent failures of the Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
any information or material on any website operated by a third-party which may be accessed from the Website.

In no event will any of the IVALIDATE Team be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether the IVALIDATE Team have been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with: (a) the use or performance of the Website; (b) any provision of or failure to provide the Website or its services (including without limitation any links on the Website); (c) any information available from the Website; (d) any conduct or content of any third-party; (e) unauthorized access, use or alteration of the transmission of data or content to or from us; or (f) the failure to receive in any way the transmission of any data, content, funds or property from you. In no circumstances will the aggregate liability of the IVALIDATE team arising under these terms exceed US$10.00.

Indemnification

To the fullest extent permitted by applicable law, you indemnify, defend and hold harmless the IVALIDATE Team and any respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “IVALIDATE Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of the Website, products or services; (ii) your User Content; (iii) any Feedback you provide; or (iv) your violation of these Terms.

We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the IVALIDATE Parties. You hereby indemnify to the fullest extent IVALIDATE Parties from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these terms.

Dispute resolution and arbitration

This Dispute resolution clause facilitates prompt and efficient resolution of any disputes that may arise between the User and IVALIDATE Team.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge. There is no judge in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law)
For all disputes Users must first give IVALIDATE an opportunity to resolve the dispute. This process will be commenced by a written notification. The notification must include your name, your email address, your IVALIDATE member ID, your identity document/ passport, your phone number and the description of the dispute.
If the parties are unable to resolve a dispute within ninety (90) days of notice of such dispute being received by all parties, either the IVALIDATE Team or the User may initiate arbitration proceedings

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. The parties to the dispute choose their arbitrator, or can request organisations such as the Arbitration Foundation of SouthernAfrica (AFSA) or the Association of Arbitrators (South Africa) (AASA), to appoint a suitable and qualified person. The agreement usually determines the procedure for appointing an arbitrator.

Arbitrations in SouthAfrica are governed by the Arbitration Act 42 of 1965 (hereinafter “the Act”). However, in order for the Act to be enforceable, the parties must record their agreement in writing to arbitrate any existing dispute or any future dispute relating to a matter specified in their agreement.

The dispute is heard privately at a time and place that is agreed upon by all parties and they choose asystem that promises a fair and private resolution in circumstances most suited to their needs. Furthermore, parties have the security of an administered system with carefully drafted Rules for Arbitration.

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
The party initiating the arbitration shall be liable to pay all arbitration filing fees and arbitrator’s costs and expenses. Participants are responsible for all additional fees and costs that the Participant incurs in the arbitration, including, but not limited to, attorneys or expert witnesses.
The parties to the arbitration acknowledge and agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both the User and IVALIDATE Team specifically agree in writing to do so following initiation of the arbitration. Neither the User, nor any other Users of IVALIDATE Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
This arbitration agreement shall survive the termination of your contract with the IVALIDATE Team and your use of the IVALIDATE Services.

Severability

If any provision of the terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Feedback

If you decide to submit comments, queries, suggestions, ideas, original or creative materials or any other information to the IVALIDATE Team (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content. We reserve the right to use the Feedback for any purpose at no charge and without compensation to you. Do not send us any Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if the IVALIDATE products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us Feedback, you acknowledge and understand that the IVALIDATE Team makes no assurances that your Feedback will be treated as confidential or proprietary.

If you prepare any work for the Company that is eligible for copyright protection you confirm that the work is a work made for hire and ownership of all copyrights (including all renewals and extensions therein) will vest with the Company and its successors in title. In the event any such work prepared by you for the Company is deemed not to be a work made for hire for any reason, the Consultant irrevocably grants, transfers and assigns all right, title and interest in such work and all copyrights in such work and all renewals and extensions thereof to the Company. You waive all moral rights with respect to the work developed or produced, including any and all rights of identification of authorship and all rights of approval, restriction or limitation on the use or subsequent modifications.

Assignment

IVALIDATE is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. This contract is between the IVALIDATE Team and you. You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under the terms without our written consent.

Intellectual property

The IVALIDATE Team and its licensors retain all right, title and interest in the IVALIDATE and IVALIDATE services, including the Website, the IVALIDATE website design and its products and services, all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, agreements, policies, information and other material available on the Website and nothing on the Website may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. The IVALIDATE Team reserves all rights not expressly granted.

Any unauthorised reproduction is prohibited.

You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the content, format or design of the IVALIDATE Services.

If you seek to reproduce or otherwise use the content on the Website in any way it is your responsibility to obtain approval from us for such use. Nothing in these terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of the IVALIDATE Team or any third-party, whether by estoppel, implication or otherwise.

Acceptable use policy

You must only use the content or services provided through the Website for their stated purpose. You must not use the Website or any other IVALIDATE interface, application or program to:

gain access to anyone’s IVALIDATE account other than yours;
publish, send, submit or display any information or engage in any conduct that is unlawful, discriminatory, harassing, defamatory, threatening, offensive, or otherwise objectionable;
display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of the Website;
violate any applicable laws or regulations;
use the Website or links on the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from using the Website or links on the Website or that could damage, disable, overburden or impair the functioning of the Website or our servers or any networks connected to any of our servers in any manner;
create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized User of the Website or a IVALIDATE representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
mislead or deceive us, our representatives and any third-parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
disguise the origin of any material transmitted through the services provided by the Website, whether by forging message/packet headers or otherwise manipulating normal identification information;
violate, infringe or misappropriate any intellectual or industrial property right of any person, such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party, or commit a tort;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;
access any content, area or functionality of the Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Website;
obtain unauthorised access to or interfere with the performance of the servers which host the Website or provide the services on the Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or its services;
harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
use any part of the Website other than for its intended purpose; or
use the Website to engage in or promote any activity that violates these terms.

Entire agreement

The terms together with the Privacy Policy available on the Website constitute the entire agreement between the IVALIDATE Team and you in relation to your use of the IVALIDATE Services and supersede all prior agreements.

Laws, regulations and jurisdiction

The terms are governed by and interpreted in accordance with the laws of South Africa. All claims arising out of or relating to these terms will be litigated exclusively in terms of the arbitration provisions above in South Africa, and you and we consent to personal jurisdiction of the Comission for Conciliation, Mediation and Arbitration processes. Any arbitration decision shall be binding in South Africa and any other jurisdiction.

We do not warrant, represent or guarantee that your use of the IVALIDATE Services is appropriate for use or available in your territory whether in South Africa or otherwise. You are responsible for ascertaining and monitoring the legal status of the products and services in your territory and use them at your own risk. Please review Exhibit A as part of these Terms covering the Sanctioned Countries and Forbidden Jurisdictions.

When any claim is grounded in tort law, including but not limited in case of defamation, privacy rights of IVALIDATE team members, false whistleblower activities, the civil court in the country of the habitual residence of the User is competent to hear any claim.

Taxation

You are responsible for determining your tax liability in relation to your use of IVALIDATE Services.

Other

All content on the Website is for information purposes only and should not be taken as advice from us.

During periods of high demand, Users may experience delays.

From time to time, our services will be restricted due to maintenance and system updates.