In accordance with our Terms and Conditions, VerifyD has in place organizational, technical, security and integrity measures to: (1) safeguard documents processed through VerifyD, including any Personal Information identified by Originator Users; and (2) comply with applicable privacy and data protection laws and regulations. In addition, VerifyD will comply with personal privacy protection requirements applicable to the personal information provided by the Organization in accordance with PIPEDA (Personal Information Protection and Electronic Document Act), applicable Provincial Data Protection legislation and all other applicable laws and regulations.
Originator Users: (i) provide VerifyD with access to and/or copies of the required identifiers and applicant information; and (ii) ensure that the Originator User has the explicit consent from applicants to enable VerifyD to provide VerifyD services, including the provision of any personal information.
VerifyD Recipient Users are made aware that anonymized data are occasionally used for statistical, audit and research purposes, and for development purposes intended to improve VerifyD efficacy and functionality. Further information regarding how consent is granted and how users are made aware of VerifyD’s data collection practices can be found within the VerifyD Terms and Conditions. Other kinds of disclosures, including, but not limited to, law enforcement agencies, in compassionate circumstances, in compelling circumstances affecting the health or safety of an individual, are in compliance with all applicable privacy laws/regulations.
Welcome to VerifyD! By clicking “Accept” or “Verify” or otherwise signing an order form and/or agreement that incorporates these terms and conditions by reference, you are entering into an agreement with VerifyD.org (“VerifyD”, “us”, “we”, “our”, together with you, the “Parties” and each of you or us, a “Party”), under which you will be bound by the following terms and conditions (the “Terms and Conditions”). If you do not agree to be bound by these Terms and Conditions, or other referenced agreements or documentation, you must cease to access or use VerifyD (defined below).
By agreeing to these Terms and Conditions, you represent that you have reached the age of majority in your jurisdiction, you have the capacity to enter into binding obligations, and all information you supply to us is true, accurate, current and complete. If you are using VerifyD on behalf of another person or entity, you represent that you have the authority to bind such person or entity to these Terms and Conditions.
These Terms and Conditions apply to your access to and use of VerifyD’s solution that facilitates the creation of documents, Storing documents, verification of documents, including Originator, partners, third parties, available at verifyD.org (“VerifyD”). Subject to your compliance with these Terms and Conditions, we will use commercially reasonable efforts to make available VerifyD for your use in accordance with any documentation or guidelines we make available to you.
Please note that while these Terms and Conditions apply to all users of VerifyD, Section 13 applies specifically to users who are using VerifyD to enable access, transfer, upload, generate, invalidate or revalidate documents (“Originator Users”), while Section 14 applies specifically to users who are using VerifyD to access and review verified documents, such as third parties or Recipient Users.
VerifyD may be made available to you through a number of channels, including our web portal, email or application programming interfaces (“API”) and in each case, you will comply with all applicable documentation governing your channel of use (“VerifyD Usage Documentation”). For example, if you are an Originator User accessing VerifyD through our APIs, you must comply with any API documentation made available to you as part of our VerifyD Usage Documentation.
Except where prohibited by applicable law, we may change these Terms and Conditions at any time by posting a new version to VerifyD. You are responsible for monitoring VerifyD for any such changes and for reviewing such changes. Your continued access to or use of VerifyD after any changes to these Terms and Conditions indicates your acceptance of such changes. Similarly, we reserve the right to change, suspend or terminate VerifyD at any time, without notice, including: (1) for scheduled maintenance; (2) if you violate any provision of these Terms and Conditions; or (3) to address any emergency security concerns.
To access or use VerifyD, you may either be required to register for a user account using VerifyD or be provided with an access key or be authorized by VerifyD in a customized way as set out in a mutual written agreement. You agree to provide accurate, current and complete information in such registration and to update your information as necessary. We reserve the right to suspend or terminate your account or access, or authorization if we have reason to believe your information is inaccurate, outdated or incomplete and may, in our sole discretion, accept or reject your registration, request to access, or authorization for VerifyD, and suspend or terminate your account for any reason. You are responsible for maintaining the confidentiality of your password, account and access key, as applicable (“Credentials”), and we are not responsible for any actions taken by any other party using your Credentials.
When using VerifyD, you agree that you will: (1) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account; (2) use reasonable efforts to prevent unauthorized access to or use of VerifyD; and (3) comply with all applicable laws and regulations, including all intellectual property, data, privacy and export control laws. In addition, you agree to provide us with feedback related to your use of VerifyD, including promptly and accurately reporting to us any actual or suspected errors, problems, bugs or difficulties with VerifyD, along with any other information reasonably request by us to aid in resolving such errors, problems, bugs or difficulties with VerifyD (such information, “Feedback”); and (4) promptly notify us of any security breaches/incidents in institutional systems related directly or indirectly to VerifyD. You agree that we may use such Feedback, at our discretion, for purposes related to improving VerifyD or our other products and services.
You also agree that when using VerifyD, you will not: (1) disable, overly burden, impair, or otherwise interfere with our servers or networks; (2) attempt to gain unauthorized access to any component of VerifyD; (3) share, transfer or otherwise provide access to your Credentials to another person (other than, in the case where you are an organization, personnel using your Credentials on your behalf); (4) use any data mining, robots or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile VerifyD or any part thereof, or otherwise attempt to discover any source code; (5) use VerifyD in connection with building a similar or competitive product or service; (6) upload or otherwise communicate on VerifyD any data, information, content or other materials that: (i) contain any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to upload, transfer or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, or otherwise offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; or (vi) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability. You will not authorize or encourage any third party to perform any of the prohibited actions above; or use VerifyD for any other purpose other than those agreed by VerifyD.
We own all rights (including intellectual property rights), title and interest in and to: (1) VerifyD; and (2) any data or information that we generate in connection with your access to or use of VerifyD that does not contain any information about an identifiable individual (“Personal Information”), including all adaptations, translations, modifications, enhancements and derivative works of such data or information. Any rights not expressly granted under these Terms and Conditions are reserved.
We have in place organizational, technical, security and integrity measures to: (1) safeguard documents processed through VerifyD, including any Personal Information identified by Originator Users; and (2) comply with applicable privacy and data protection laws and regulations. We are the controller of any personal data we collect. An overview of our security practices can be found at Security Overview section and an overview of our privacy practices can be found at Privacy Overview section. Please note that you have the right to request access to, rectify, erase and restrict the processing of your personal data. You also have the right to revoke this consent to use your personal data. You may contact VerifyD with concerns about data protection compliance at: [email protected]
VerifyD IS MADE AVAILABLE ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. WE DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE OFFERING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
You represent and warrant to us that: (1) you have the right and authority to enter into these Terms and Conditions and to grant all rights granted by you in these Terms and Conditions; (2) if you are accessing or using VerifyD on behalf of another person or entity, that you have the authority to bind such person or entity to these Terms and Conditions; and (3) you will perform all of your obligations under these Terms and Conditions in accordance with applicable laws and regulations.
You agree to defend and indemnify VerifyD, its affiliates, successors, assignees and their respective directors, officers, shareholders, employees and agents (the “VerifyD Parties”) from and against all losses, costs, damages, expenses, fines, fees, penalties, interest and liabilities (including reasonable legal fees and court costs) (“Claims”), which may be suffered or incurred by the VerifyD Parties from or relating to: (1) your use of VerifyD contrary to these Terms and Conditions or any other related documentation or guidelines made available by us; and (2) any data, information, documents or other material that you make available to us, including as a result of your failure to obtain all necessary consents or permissions (including in respect of Personal Information) necessary for us to make VerifyD available to you.
In the event of any Claims, we will use good faith efforts to promptly notify you of such Claims and provide you with reasonable assistance. We will have the right to participate in the defense of any Claim with legal counsel of our own choosing. In addition, you will not enter into any settlement of any such Claim without our prior written consent, including if our rights would be impaired.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO VerifyD OR THESE TERMS OF AND CONDITIONS. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, VerifyD, EXCEED CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
VerifyD’s relationship to you is that of an independent service provider.
These Terms and Conditions will be governed by the applicable federal laws of Canada, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction.
Our waiver of any default, breach or non-compliance under these Terms and Conditions will not be effective unless in writing and signed by us. Our non-enforcement of any of these Terms and Conditions or under any applicable law shall not constitute a waiver of any enforcement rights of the same or different nature at any time in the future.
The term of these Terms and Conditions will commence on the date you: (1) accepted these Terms and Conditions; or (2) the date you first access or use VerifyD and will continue until terminated by either Party in accordance with these Terms and Conditions. We may terminate these Terms and Conditions for convenience, at any time, by providing written notice to you.
Rights and obligations which have accrued or arisen under these Terms and Conditions will survive the expiration or termination of these Terms and Conditions without prejudice. All provisions of these Terms and Conditions which by their nature should survive in order to give effect to the Terms and Conditions, shall survive termination or expiration, including ownership, confidentiality covenants, warranties, indemnities and limitations of liability.
You may not assign these Terms and Conditions to any third party without our prior written consent. We may assign these Terms and Conditions or any rights under these Terms and Conditions to any third party without your consent. Any assignment in violation of this Section will be void. These Terms and Conditions will be binding upon permitted assignees. These Terms and Conditions will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
These Terms and Conditions, and any master service agreement, agreement, order forms, evaluation letters or other similar documents that incorporate these Terms and Conditions by reference (such letters or documents, “Order Forms”), constitute the entire agreement between the Parties pertaining to the subject matter of these Terms and Conditions and supersede all prior agreements and understandings of the Parties. In the event of any conflict or inconsistency between these Terms and Conditions and such Order Form, unless expressly stated otherwise in the applicable Order Form, these Terms and Conditions will prevail to the extent of such conflict or inconsistency.
VerifyD has free plan as well as paid plans. Individual/Organization can use whatever suits the Individual/Organization.
Neither Party will be liable for delays caused by any event beyond its reasonable control, including acts of God, except that non-payment of amounts due under these Terms and Conditions will not be excused by this provision.
Any provision of these Terms and Conditions that is found to be unenforceable will be severed from these Terms and Conditions and these Terms and Conditions will continue in full force and effect with respect to all other provisions.
Except as otherwise provided in these Terms and Conditions, the Parties’ rights and remedies under these Terms and Conditions are cumulative. The term “includes” and “including” mean, respectively, “include without limitation” and “including without limitation”. Headings are for reference purposes only and have no substantive effect.
Any notices, reports or other communications required or permitted to be given under these Terms and Conditions will be in writing, including email, and will be sufficient if delivered by hand or sent by registered mail, courier or fax addressed to you or VerifyD at their respective addresses as advised in writing.
It is the express will of the Parties that these Terms and Conditions and all related documents have been drawn up in English.
VerifyD is designed to permit Originator Users to digitally create, store, Organize, control and access documents. Specifically, in addition to other features and functionalities, VerifyD permits Originator Users to perform the following core actions such as Invalidate Documents (i.e. to remove access for Recipient Users to an existing document that has been generated).
When you are using VerifyD as an Originator User, this Section 13 will apply to you.
When using VerifyD as an Originator User, you agree that you are responsible for:
In order for us to make available VerifyD to you as an Originator User, we rely on you to provide us with the necessary rights to the Documents, including any information, data or other materials you make available contained in or related to such Documents, on VerifyD (“Documents and Related Materials”), as well as your trademarks and logos. Accordingly, you grant us a world-wide, irrevocable, royalty-free and fully paid-up right and license to access, use, reproduce and display: (1) all Documents and Related Materials in connection with our provision of VerifyD, including to you and Recipient Users; and (2) your name, trademarks, service marks and logo (the “Trademarks”) for the purposes of making available VerifyD to you and Recipient Users.
Upon Originator User’s written request, VerifyD may, at its discretion, provide professional services and other value-added services, such as services to integrate VerifyD with Originator User’s software and systems, at an additional cost and expense.
Either Party may make a public announcement relating to these Terms and Conditions or use the other Party’s name or logo in connection with advertising, promotional materials or publicity releases related to VerifyD, provided that prior written approval is first obtained from the other Party.
As the Originator User, you are responsible for ensuring you have the necessary rights to Documents and Related Materials for us to make VerifyD available to you and any Recipient Users. Accordingly, you represent and warrant that you have all rights, consents and authority, and have made all applicable disclosures, in each case, as required by applicable laws (including privacy and data protection laws) to make available Documents and Related Materials to us, including for greater certainty, any Personal Information contained in such Documents and Related Materials.
You understand that Documents and Related Materials you create at VerifyD may be relied upon by third party Recipient Users (e.g., Immigration Officials) to make important decisions based on them and that you are solely responsible for the accuracy and timeliness of their contents and ensuring that any such Recipient Users understand that you, and not us, are responsible for the contents of the Documents and Related Materials.
In addition to Section 10 (Indemnity), you agree to defend and indemnify all VerifyD Parties from and against all Claims (as defined in Section 10), which may be suffered or incurred by the VerifyD Parties from or relating to: (1) any claims from Recipient Users related to your use of VerifyD; (2) any Documents and Related Materials you have made available to us; and (3) the breach of your representations and warranties under these Terms and Conditions.
VerifyD is designed to permit Recipient Users to access the documents and verify the authenticity of the source of documents. When you are using VerifyD as a Recipient User, this Section 14 will apply you.
As the Recipient User, you are responsible for documents shared with you. If you share your documents through VerifyD, including by sharing VerifyD unique URL, you authorize such other persons or entities to use VerifyD in the capacity of a Recipient User to digitally review such documents to verify the authenticity of the source of the documents.
YOU ACKNOWLEDGE THAT ANY CONCERNS, QUESTIONS OR INQUIRIES OR OTHER ISSUES (“ISSUES”) RELATED TO THE DOCUMENTS OR THE CONTENTS CONTAINED THEREIN IS SOLELY BETWEEN YOU AND THE ORIGINATOR USER, AND NOT VERIFYD. IF YOU HAVE ANY ISSUES WITH THE DOCUMENTS OR CONTENTS CONTAINED THEREIN, IT IS YOUR RESPONSIBILITY TO RAISE SUCH ISSUES DIRECTLY WITH THE ORIGINATOR USER.