Key Points – please read these Terms carefully, but here are some key points to note as a summary:
a. These Terms of Use govern our relationship when you use the Ratified app
b. You should only use the app to verify and prove your own identity
c. You must not use the app to commit fraud
d. The app and wider service is owned by us, so please respect the app and our technology
e. This is a free service to you. It is hard to verify identity so we do not accept much liability if we get it wrong.
1.1 This Platform, app, and any service or other Platform offered under the name Ratified (“Platform”) is operated by Ratified Pty Ltd (trading under its business name Ratified) and its related entities or body corporates (“us”, “we” and “our”).
1.2 You may use this Platform to verify your identity and to share your identity with entities who you choose to (the “Identity Service”).
1.3 Your access to and use of the Platform and the Identity Service is subject to these Terms, our Privacy Policy (which you can find here: [insert hyperlink]) and any other policy displayed on the Platform (together, the “Terms”). The Terms constitute a binding legal agreement between you and us. Every time you use this Platform or the Identity Services, you indicate that you have read, understood, and are taken to accept these Terms. If you do not agree to be bound by these Terms, you must not use the Platform. The Privacy Policy explains in detail how we handle personal information for identity verification, including processing by Caprock as an Information Match Agent under the Identity Verification Services Act 2023 (Cth).
1.4 We may initiate amendments or modifications to the Terms and/or the Privacy Policy by providing you with 14 days’ notice. If you do not agree to the amendments, then you should stop using the Platform within that time frame, otherwise, you will be deemed to accept the amended version of the Terms and/or the Privacy Policy, as relevant. Your continued use of the Platform indicates your continued acceptance of the amended Terms and/or Privacy Policy, as relevant.
1.5 These Terms will prevail over any other terms or agreement between you and us.
2.1 To use the Platform and the Identity Service through the Platform:
(a) you must be at least 18 years old (and have the legal capacity to enter into binding contracts); or
(b) if you are under 18 years old, you must obtain parent or guardian approval before using the Platform.
2.2 By using the Identity Service or the Platform in any way you promise to us that you meet the requirements above. If the above requirements are not met, please cease using the Platform immediately.
In exchange for you complying with all terms of this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, personal, and revocable right to access and use the Platform, limited to the Permitted Use.
4.1 To use the Identity Service we will require you to create an account. We may refuse, review or cancel any account registration at our discretion, particularly if we suspect you have used it to commit fraud.
4.2 When you create and activate your account, you may provide us with Personal Information such as a name, phone number, email address and your identity details. You must ensure that this information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. Generally, we aim to delete any Personal Information related to your account as soon as practicable after the termination of your account. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
4.3 You are responsible for keeping your account credentials secure, and you are responsible for all use and activity carried out under your account. You must not share your account credentials with any third party or let someone else use your account. You will be legally responsible for all actions taken by anyone presenting your login credentials on the Platform, whether or not made with your knowledge or authority.
4.4 You agree not to create an account or access or use the Platform if you have been previously removed or suspended by us from the access or use of the Platform.
5.1 We may capture, log, monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform in an aggregated and anonymised format (Analytics). We and our licensors own all Intellectual Property Rights in and to the Analytics and in the Platform and all technology, documentation and content provided in connection with the Analytics. You agree that we may make such Analytics publicly available, provided that it:
(a) does not contain identifying information; and
(b) is not compiled using a sample size small enough to make the underlying Personal Information identifiable.
6.1 In using the Platform, you must:
(a) only use and permit the Platform to be used for the Permitted Use;
(b) strictly comply with any policy displayed on the Platform;
(c) not use the Platform or the Identity Service to commit fraud, impersonate a third party or using a third party’s identity information or documents;
(d) not use the Platform in any way which is in breach of any applicable laws or which infringes any person’s rights, including Intellectual Property Rights;
(e) not do anything which may compromise or interfere with the Platform or our systems. Eg introducing malicious programs such as viruses, worms, trojan horses, and email bombs or take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party providers) a disproportionately large load;
(f) not interfere with the proper working of the Platform or any activities conducted via the Platform;
(g) not use bots or spiders to collect content or information from the Platform, or otherwise access the Platform, such as through exporting, extracting, or otherwise scraping any of the content or data on the Platform for use outside the Platform. This includes pre-fetching, indexing, storing, resharing, or rehosting any of our content outside the Platform;
(h) not use the Platform to create a product or service with features that are substantially similar to or that re-create the features of any other product or service owned by us or, reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
(i) not to do anything:
(i) that may be considered harassment or bullying;
(ii) that may result in you, us or any other User breaching any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(iv) that would bring us or the Platform into disrepute;
(v) that infringes the rights of any person;
(vi) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; and/or
(vii) that contains or constitutes unsolicited or unauthorised communications (including junk mail or spam).
Submission of information and documentation
(a) To begin using the Identity Service you will need to prove your identity to us. You will be asked to provide your identity credentials and documentation to help us verify those details. We will use that information to verify your information, including by checking the information with the Australian government’s document verification service the (‘DVS’) which is administered by the Attorney-General’s department of the Australian Commonwealth.
(b) Once your data has been verified by us, we may send that data to entities who have requested it for their own client due diligence requirements. We will collect your consent before making each transfer.
(c) We will retain your verified data in a secure manner until you ask us to delete your account.
Fee
(a) The Identity Service is free of charge to you.
(b) We may charge the entities who we will send your verified data to. We will only send this data when you have consented to the data transfer.
Verification
(a) You agree to follow our reasonable instructions in performing verification on you. You will not attempt to circumvent our checks or commit fraud against us.
(b) If we cannot verify your identity then we may offer alternative verification journeys, or we may have to ask you to verify your identity using an alternative supplier. Every effort will be made to treat you fairly, but we cannot be held liable if we cannot verify your identity to our satisfaction.
8.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all Intellectual Property Rights comprised in the Platform (including all Intellectual Property Rights comprised in the Platform content any associated documentation) and any improvements, Updates, or modifications of the Platform, and any customisations and derivative works and nothing in these Terms constitutes a transfer of any Intellectual Property Rights in or related to the Platform or Platform content. To the extent that you acquire any such Intellectual Property Rights, you irrevocably assign such rights to us.
8.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
8.3 If you provide us with feedback, comments or suggestions (Feedback) relating to the Platform or our business, then all rights, title and interest in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modification, or derivative works), are owned solely by us, automatically assigned to us and we may use the Feedback for any purpose.
8.4 You must not do anything which breaches or otherwise interferes with our Intellectual Property Rights or the Intellectual Property Rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
8.5 You acknowledge and agree that we will suffer real and substantial loss due to any breach of this clause 8 and damages alone would not be an adequate remedy for a breach of this clause 8 . Therefore we may seek equitable or injunctive relief for any actual or perceived breach of this clause 8 .
9.1 The Platform may contain links to Platforms that are owned and operated by third parties. We have no control over these external Platforms, which are governed by terms and conditions and privacy policies independent of us.
9.2 You acknowledge and agree that when you access a third-party Platform available via a link contained on the Platform:
(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that Platform;
(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party Platform; and
(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party Platform available via a link on the Platform.
9.3 The Platform may utilise, incorporate or depend on other third-party services (including, without limitation, hosting services) and you agree that to the extent permitted by law, we will not be responsible or in any way liable for any defect or interruption to the availability of the Platform or our services resulting from the failure of such third-party services.
10.1 We will provide the Platform and the Identity Service with reasonable skill and care, and we will endeavour to treat you fairly at all times. Other than the foregoing we exclude all Warranties whatsoever except for those expressly set out in these Terms or those that cannot be excluded due to applicable law.
10.2 Any information or advice provided on the Platform is of general nature only. You acknowledge that:
(a) your use of the Identity Service or any advice is at your own risk;
(b) you must not use the Identity Service in a manner inconsistent with any displayed instructions; and
(c) we are not liable for any reckless or negligent act or omission by you.
10.3 To the extent that any applicable law restricts our right to exclude Warranties, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, then, to the extent that we are entitled to do so, we limit our liability under such provisions to re-performing the Identity Service for you.
10.4 To the maximum extent permitted by applicable law and subject to clause 10.6, neither party will have any liability in connection with the Terms for any or any lost revenues, profits, savings, or goodwill, or for any indirect, consequential, special, incidental, or punitive damages.
10.5 Subject to clause 10.6, each party’s maximum aggregate liability for damages in connection with the Terms is limited to $1,000.
10.6 Nothing in the Terms excludes or limits either party’s liability for:
(a) its fraud or fraudulent misrepresentation;
(d) its infringement of the other party’s Intellectual Property Rights; or
(e) matters for which liability cannot be excluded or limited under applicable law.
10.7 All subclauses of this clause 10 are cumulative to one another.
11.1 The parties acknowledge and agree that:
(a) you may delete your account, or we may terminate your access to the Platform, at any time without giving any explanation;
(f) we may terminate these Terms immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, or if we decide to stop providing the Identity Service in our sole discretion;
(g) termination of these Terms or your access to the Platform does not release either party from any obligations and liabilities that may have arisen or been incurred prior to the date of such termination; and
(h) on termination of these Terms or your access to the Platform for any reason:
(i) you must immediately stop accessing and using the Platform, and we may take any action necessary to disable or terminate your access to the Platform; and
(ii) each party must promptly return (where possible) or delete or destroy (where not possible to return), the other party’s Personal Information and intellectual property, and/or documents containing or relating to the other party’s Personal Information unless required by law or regulatory requirements to retain such information.
1.2 You acknowledge, agree and warrant to us that:
(a) all information and documentation that you provide to us or upload into the Platform in connection with these Terms is true, correct, and complete, and that we will rely on such information and documentation in order to provide the Platform and our services;
(b) you are solely responsible for establishing and maintaining any operating environment necessary to use and obtain the benefit of the Platform.
13.1 Unexpected Events: We are not liable for any failure to comply with these Terms if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock-outs, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality.
13.2 No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms or act as an estoppel against us.
13.3 You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms.
13.4 Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to onboarding@ratified.com.au.
13.5 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. We may assign, sublicense, novate or transfer our rights and obligations under these Terms to our related body corporates, or to any bona-fide acquirer of the Platform or our business.
13.6 If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions unless this would materially change the intended effect of these Terms of Use.
13.7 These Terms of Use are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
13.8 No breach of any provision of these Terms can be waived except with the express written consent of the party not in breach.
13.9 The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms of Use, whether orally or in writing.
13.10 A provision of these Terms that can and is intended to operate after its conclusion will remain in full force and effect despite the termination or expiration of these Terms of Use, including without limitation clauses 6 (Your Conduct), 8 (Intellectual property rights) and 10 (Disclaimer and limitation of liability), this clause and all other indemnities, releases, exclusions of liabilities and disclaimers.
14.1 In these Terms of Use:
Business Day means a day on which banks are open for business in the State other than on a Saturday or Sunday or a public holiday.
Identity Verification Services Act (IVS Act) means the Identity Verification Services Act 2023 (Cth), which governs access to, and use of the Document Verification Service and other identity-matching services operated by Commonwealth.
Information Match Agent (IMA) means an entity appointed by a Business User or Identity Service Provider under the IVS Act to perform or facilitate DVS checks on their behalf.
Intellectual Property Rights mean all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights.
Permitted Use means ordinary personal use for the purposes of verifying your identity and related purposes.
Personal Information has the same meaning as in the Privacy Laws.
Privacy Laws mean the Privacy Act 1988 (Cth).
Privacy Policy means our privacy policy available here.
State means New South Wales, Australia.
Update means any updates, modifications, changes or enhancements to the Platform, including the adding or removing of any features or functionality, improvements, bug fixes and patches.
User means any person whatsoever using, purchasing through or registering on the Platform.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, we, us, our means DMA Group Pty Ltd and its related entities or body corporates.
You, you or your mean you and any user of this Platform.
