Terms and conditions

Edentiti provides a facility that will enable you to authenticate your identity by an electronic mark.

You can use this mark to make binding commitments in the same way as you would with a physical signature.

The terms and conditions below set out the basis on which Edentiti will give you access to this facility.

1. Your obligations

1.1 You:

must provide your Information to Edentiti in accordance with the terms and conditions;
retain responsibility for the accuracy of your Information and for any changes required to ensure it is current;
must not allow anyone other than you or a person authorised by you to provide or change your Information;
agree not to dispute the validity of any transaction that you authenticate by using your Electronic Mark;
agree only to use the Facility for your own genuine identity and not to create a second identity via the Facility; and
agree to cooperate with Edentiti in any investigations required to ensure the Facility remains secure, in compliance with the law, and operational.

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2. Edentiti obligations

2.1 If you have a current subscription to the Facility Edentiti must:

provide the Facility;
ensure that nobody other than you can access your Information;
keep Your Information confidential to You; and
not change Your Information and use its best efforts to ensure that nobody else has access to or is able to change your Information.

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3. Disclosure

3.1 Edentiti is collecting the information you have provided in the online application form for the purpose of allowing you to use the Edentiti Facility. You will have access to all the personal information you have provided to Edentiti and will also have the ability to change and update your information. Edentiti will not sell or disclose your information to any other individual or entity.

3.2 If you require more information or help you can contact Edentiti online through its online support service at http://www.edentiti.com/edentiti-id/help-contact.php.

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4. Payment

3.1 Signing up to an Edentiti is free.

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5. IPR

5.1 Edentiti owns all intellectual property rights in the Facility.

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6. Liability

6.1 Edentiti:

excludes all warranties except where this would breach the requirements of any law, in which case Edentiti restricts its liability to refunding the subscription fees or re-providing the services in respect of which the breach occurred;
does not warrant that the Facility will be uninterrupted or error free or that the Facility will enable you to carry out any actions other than authentication by Electronic Mark;
does not warrant that any particular individuals or organisations will accept the Electronic Mark;
is not liable for any loss caused as a result of a third person corrupting or accessing the Facility;
excludes all liability for the consequences of any transaction that you enter into using the Facility; and
is not liable, other than as stated in paragraph (1), for any damages including indirect or consequential damages, loss of profits, loss of potential savings, loss of potential earnings or loss of potential business arising out of your use of the Facility.

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7. Dispute Resolution

7.1 If any dispute arises as to this agreement or its operation, we each agree to use our best efforts to resolve the dispute amicably, if necessary involving a mediator, rather than proceeding to litigation.

7.2 This does not prevent a party from, at any time, seeking an urgent injunction from a court to prevent an apprehended breach of this agreement.

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8. End

8.1 Edentiti may end the agreement at any time by giving you 30 days written notice.

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9. After the End

the Facility will cease to be available;
accrued rights or remedies of either party are not affected; and
Edentiti must promptly destroy all of your Information in its possession or control.

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10. Notices

10.1 All notices or communications given pursuant to this agreement must be:

in writing;
authenticated by Electronic Mark by the party giving the notice; and
transmitted by email to the other party, in your case to the address provided on the application form for access to the Facility and in Edentiti’s case to: administration@edentiti.com

10.2 A notice will be deemed to be received at the time that would be the time of receipt under the Electronic Transactions Act 1999 (Cth).

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11. General

11.1 If part or all of any clause of this agreement is illegal or unenforceable:

it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement; and
the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties’ commercial objectives.

11.2 The failure of a party at any time to insist on performance by the other party of any obligation under this agreement is not a waiver of its right:

to insist on providing of, or to claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
at any other time insist on performance of that or any other obligation of the other party under this agreement.

11.3 This agreement:

constitutes the entire agreement between the parties as to its subject matter;
in relation to that subject matter, supersedes any prior understanding or between the parties;
is governed by the laws of the Australian Capital Territory; and
may only be amended in writing signed by both parties.

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12. Meaning of words

12.1 In these terms and conditions:

Electronic Mark: means authentication of a transaction using your Information as stored and maintained by the Facility. Some of the different methods of making an Electronic Mark include: pin number, token key, voice verification, fingerprints, iris scans, face recognition and answering secret questions;
Facility: means the Edentiti identity-authentication facility developed and maintained by Edentiti;
Information: means information by which you can be identified including name, address, credit card details, DNA….

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