The Verrency website located at its primary domain www.verrency.com along with other ‘verrency’ domains (“Verrency Website”) is operated by the Verrency Group (“we”, “us”, “our” or “Verrency”, which expressions shall as the context permits mean Verrency Australia Pty Ltd and its associated or related companies and assigns).
Your access to and use of the Verrency Website content and its online service and features (“Features”) as well as access to information and materials concerned with the Verrency products and services (“Offering”), its underlying elements, specifications and technologies (“Technology”) and associated Verrency intellectual property (“IP”) is subject to these terms, the Verrency Privacy Statement, the Verrency Copyright and Trade Mark Notice and any other terms stated on or referred to within the Verrency Website (“Terms of Use”).
TERMS OF USE 1. Things you must NOT do:
1.1 Under these Terms of Use, you agree and undertake that you will not :
2. Third Party Content
2.1 On the Verrency Website any links to, reference to, or information relating to, or mention of third party products, services and information are not provided or endorsed by us and no specific legal relationship is inferred or implied with any third party unless expressly stated by us.
2.2 We have not checked the accuracy or completeness of the information, products, or services made available at any third party website. You must make your own enquiries with the relevant third party directly before relying on any the third party information or entering into a transaction or agreement in relation to any other party via the Verrency Website or the Features. You should check with the third party whether there are additional charges and terms which may apply.
3. Features, Offering and Technology are subject to change
3.1 All Features, Offerings, Technology and IP appearing on or references to or by the Verrency Website are subject to change without notice and the user is not to place any reliance on the same.
4. Security
4.1 For security reasons we may require you to re-authenticate yourself from time to time. For example after a period of inactivity on the connection between your browser and the Verrency Website or servers supporting or hosting the Features , the Offering, the Technology or the IP (‘Servers”). We are not responsible for any information you may lose if the Verrency Website or the Servers terminate your browser session due to prolonged periods of inactivity between your browser and the Verrency Website or the Servers.
4.2 You must comply with all directions issued by Verrency pertaining to the use of your Subscriber ID and access to the Verrency Website , the Features, the Offering , the Technology or the IP and all content, information and material related to the same (“Content”). You (or your Company) will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Subscriber ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Subscriber ID, except as specified in clause 4.3 below. If you choose to use a workplace email address to access the Content, you are responsible for ensuring that such use complies with any rules, policies, or protocols which apply to the use of the Internet in your workplace.
4.3 You must not keep your Subscriber ID in any form, whether encoded or un-encoded, in a location where it is capable of being copied or used by any person or disclose your Subscriber ID to any other person, other than:
4.4 You must immediately notify Verrency if you become aware:
4.5 Verrency does not guarantee:
5. Privacy
5.1 By your access to and use of the Website and (if applicable) registration of your personal details for the purpose of gaining a Subscriber ID and so access to Content, you expressly understand, acknowledge and agree that under these Terms of Use:
6. Customer Communications
6.1 You acknowledge that where the Features require Verrency to email you, the following will apply:
7. Indemnity
7.1 You indemnify Verrency its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to you accessing, downloading, distributing or making use of the Content or otherwise arising from your use of the Verrency Website , the Features or participation in of partaking of the Offering, the Technology or the IP, be it in contract, tort (including negligence) and other theory of law, by you or someone using your name and password.
8. Disclaimer and limitation of liability
8.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way in contract or tort (including for negligence) or other theory of law, for any loss, damage, costs or expenses suffered by you or claims made against you through the accessing, downloading, distributing or making use of the Content, or otherwise the access to and use of the Verrency Website , partaking of the Features or participation in, partaking of or reliance on the Offering, the Technology or the IP, or as to any failure in that regard , including a failure to offer, provide or make available the same, or which is in connection with any products, services, offerings, or information supplied, offered to be supplied or advertised by way of the Content.
8.2 To the extent permitted by law, all warranties, conditions and representations about or concerning Verrency, the Features, the Offering, the Technologies or the IP (including without limitation) those forming any part of the Content, are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following in relation to products, services of solutions:
8.3 You expressly understand and agree that you have not relied on any representation, warranty or undertaking made by Verrency which has not been stated expressly in these Terms of Use. Verrency expressly reserves all of its rights and in its sole discretion may at any time and from time to time, change these Terms of Use and any other information relating to the Features, the Offerings, the Technology and the IP or their Content, including that related to the terms by which the Features are made available or upon which you may participate in, partake of or acquire interest in the Offering, the Technology or the IP, and subsequent use of your Subscriber ID will be governed by the varied Terms of Use. Without limiting the generality of the foregoing, Verrency’s ability to give notice by any other means, you expressly understand and agree that you will deemed to have:
9. Use of your information and material
9.1 When you send us any feedback, suggestions, ideas, or other materials in relation to the Content via the Verrency Website or the Features, you agree that we can use, reproduce, publish, modify, adapt, and transmit them to others in our total discretion, free of charge and without restriction, subject to our obligations in our Privacy Statement.
10. Taxes & Levies
10.1 If any VAT, GST, State or Federal tax or levy (“Tax”) is imposed on any supply made by us through the Verrency Website or the Features, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing Tax rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
11. Non Solicitation
11.1 You acknowledge and agree that nothing contained or featured in, accessed or published by or through the Verrency Website or made available to you in respect of the Features or upon you participating in or partaking of the Offering or any interest in Verrency, the Technology or the IP, amounts to or may be deemed an uninvited solicitation for you to partake of the same or which amounts to a public offering, solicitation of you for investment or an invitation for you to invest in or subscribe for any investment or other participation in Verrency, its business or any company, business or corporation associated with Verency, the Offering, the Technology or the IP.
12. Changes
12.1 We may vary any of these Terms of Use at any time and any Content, at any time and your subsequent use of the Subscriber ID will be governed by the varied Terms of Use. Without limiting Verrency’s ability to give notice by any other means, you will be deemed to have:
13. Termination
13.1 If, in Verrency’s reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to the Verrency Website , the Content, and the Features, the Offering, the Technology and the IP and terminate the Terms of Use effective immediately. We reserve the right to cancel your Subscriber ID at any time without notice and/or to discontinue one or more of the Features or your participation in or partaking of any Offering, at any time for any reason. Any withdrawal by Verrency of the Features or an Offering will not affect the validity or operation of any contract governing the Features and an Offering.
14. General Matters
14.1 This agreement is governed by the law in force in the Republic of Singapore (“Singapore”), and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore and courts of appeal from them for determining any dispute concerning this agreement.
14.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
14.3 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
14.4 The Agreement is personal to you and you may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of Verrency.
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