These terms govern the use of VerifiMe, which is provided by Greengate Fintech Holdings Pty Ltd (ABN 97 664 286 515) (VerifiMe).  

The platform at portal.verifime.com, website at www.verifime.com, associated mobile phone applications and services relating to use of the website and applications are provided by Greengate Fintech Holdings Pty Ltd (VerifiMe). 

VerifiMe provides access to a variety of websites, applications, content, resources and services, including, but not limited to, product information, downloadable software, service platforms, and communication facilities (collectively Services). Users of the Services do so pursuant to our Terms of Use, which are published at https://www.verifime.com/terms. The Terms of Use apply to you and are incorporated by reference into these Organisation Terms of Use. To the extent of any inconsistency, the Organisation Terms of Use prevail.  

These Organisation Terms of Use (Organisation Terms) govern the use of the Services by organisations that are using the Services to verify their customers, including for AML/CTF compliance purposes. The Organisation Terms supplement the Terms. You agree that any use by you of the Services that we offer will constitute your acceptance of these Organisation Terms.  

Services governed by this agreement  

This agreement is for the use by you of the Services to identify people and entities for your business purposes, including to assist with your compliance with obligations including Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF), Know Your Customer (KYC), transaction monitoring, ongoing due diligence and wholesale investor certification as defined under ss 708 and 761G of the Corporations Act 2001. This includes the use of the Services in any “white-labelled” capacity.  

We may make changes to these Organisation Terms by giving 30 days’ notice of such change by publishing a revised version of this Organisation Agreement at https://www.verifime.com/organisationterms You will be deemed to have accepted the change 30 days after we publish notice of it. If you do not accept any change, you may terminate this agreement as set out in clause 20.  

Setting up and activating VerifiMe 

To obtain and use VerifiMe, you must: 

a. complete and submit to us the application form at Schedule A;  

b. open a VerifiMe Organisation Account (if you have not already done so);  

c. and follow our instructions to access and use your Organisation Account; and  

d. activate your Organisation Account by using it for a verification transaction.  

Your obligations as a VerifiMe Organisation 

You agree that if you activate VerifiMe, where you provide people or entities you are verifying with alternative methods of verifying themselves to you, you must display the logo of VerifiMe. You agree to comply with the logo usage standards published at www.verifime.com/brand and agree that any link to the VerifiMe website will link to portal.verifime.com, or alternatively, another URL that we have in writing provided to you that is specific to your Organisation (which may include a “white label” onboarding page for your clients).  

You agree to inform VerifiMe in full of all relevant information and data that it requires for the correct performance of the Services. It is necessary that your Organisation contact details are correct and maintained and appropriate to your organisational compliance standards and or plan.  

Fees and other charges 

The fees which apply to the Services are set out in Schedule B. Where we provide a verification transaction that is not listed at Schedule B, you agree that we may charge you no less than our third party disbursement costs for providing that verification service.  

Where, as part of the Services, we incur a disbursement on your behalf (for example with an identity verification provider), you agree that we may separately recover that disbursement from you where it is not already bundled into the fee for that transaction set out in Schedule B.   

You agree that we may charge you a credit card surcharge not exceeding three per cent where you elect to pay us using a credit card.  

Information security and data protection  

We handle information security and data protection as set out in our Security White Paper available at www.verifime.com/security. By accepting Services from us you agree that provided that we are materially complying with the processes set out in the Security White Paper, we shall not under any circumstances other than those which cannot be excluded by law be liable in any way whatsoever for any loss or damage in relation to an information security or data protection breach. Under no circumstances shall we be liable for non-consequential loss.   

Where you have a Controller Account, being an administrator account where you have permission from a VerifiMe User to control and permission their data, then you agree to be bound by the terms of the Controller Data Protection Terms published at www.verifime.com/dataprotection 

Licence 

We grant you a non-exclusive, non-transferable, revocable, non-sublicensable and limited licence to: 
a. use the Services in accordance with documentation provided by us and as set out in our Terms of Service, Organisation Terms of Service and as otherwise published on our website from time to time;  
b.use the documentation provided by us in relation to the Services for your internal use and only in connection with your own business,  
provided that you must comply with the implementation and use requirements contained in all of the documents that we provide to you from time to time, including without limitation any implementation and use requirements that we impose on you to comply with applicable laws or security requirements.  

We will provide you with the means of access to the Services that is specific to you, including passwords, codes, 2FA methods and other authentication means. You must restrict access to the Services to persons internal to your business whom you have appropriately security vetted. You agree to follow reasonable safeguards and implement an appropriate security posture to protect the security of your means of access and the Services. We may restrict access to the Services if in our opinion we consider that your use of the Services or security posture create a security risk. If we do so, we will inform you of what steps we require you to take to regain access to the Services.  

The Services are provided on an “as is” basis. To the extent permitted by law, we do not offer or given any warranty, express or implied, in relation to the Services or any associated software or documentation provided. No obligation or liability will arise in connection with our provision of technical, programming or other advice in relation to the Services or your AML/CTF compliance obligations. It is your responsibility to test the implementation of the Services and ensure that they are fit for your purposes.  

All intellectual property rights associated with the documentation, information and materials that we provide to you in connection with the Services remain our property.  

You hereby grant us a royalty-free, worldwide, non-exclusive licence to use your copyright, images, logos, trademarks and other relevant intellectual property for the sole purpose of enabling your use of the Services.  

Termination and Suspension  

Either party may terminate this agreement at will on 30 days’ notice.  

We may terminate this agreement, or suspend access to the Services, immediately if we consider that your access to the Services creates a security threat. If we suspend your access, we will inform you of what steps we require you to take to regain access to the Services. 

Miscellaneous  

While we maintain insurances of our own, we do not maintain insurances specific to your business requirements and you should adopt an insurance position of your own that covers the risk associated with customer identification, including using our Services.  

We retain sole and absolute discretion in determining the future development of the Services, how and when to improve or modify them and the timing for correction of defects or installation of new features. Although we welcome and encourage feedback, in giving us feedback you agree to claim no intellectual property interest in it.  

You indemnify us and hold us harmless on a continuing basis from any direct loss, damage and liability from any claim, demand, cost or action (including legal defence costs) incurred in relation to any third party (including a VerifiMe user) arising out of your breach of these Organisation Terms of Use and the documents incorporated by reference into these Organisation Terms of Use.  

You may not assign these Organisation Terms of Use or your benefit from use of the Services without our prior written consent. We may assign, novate or otherwise transfer this agreement without your consent by giving notice to you. Neither party may amend, vary or waive any rights under this agreement except in a written document signed by both parties.  

The Organisation Terms of Use are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the court of New South Wales.  

Contacting Us 

If you have any questions about these Terms of Use, or if you have a complaint, access request or any other issue, please contact us at support@greengatefintech.com.