PLEASE READ CAREFULLY BEFORE ACCESSING THE SITE AND USING THE SERVICES
This end-user licence agreement (“EULA”) is a legal agreement between you (the “End-user” or “you”) and Planet Verify trading at Ground Floor Block A, One Georges Quay Plaza, Dublin 2 (“us”, “PlanetVerify” or “we”) for (i) your access to the Planet Verify Site website (the “Site”); and (ii) your use of the Services (as that term is defined below).
Your use of the Site and the Services is governed by the terms of this EULA and subject to any additional rules or policies applied by us from time to time.
- If you do not agree with these terms, your sole remedy is not to use the Site or the Services. By accessing and/or using the Site and/or the Services, you are agreeing to these terms and conditions. The Services are intended for business users and not consumers (a consumer being a natural person who is acting for purposes which are outside the person’s trade, business, craft or profession). You may not access or obtain the benefit of the services if you are a consumer. By using the services, you are warranting that you are not a consumer.
You should print a copy of these terms for future reference.
1.1 The terms of this EULA apply to the Site or any of the Services accessible through the Site (as these terms are defined below). If any open-source software is included in the Site or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of a change when you next access the Site. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the Site may be provided or suggested. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Site and accepted any new terms.
1.4 If the computer, mobile telephone or handheld device onto which you are accessing the Site (each a “Device”) is not owned by you, you will be assumed to have obtained permission from the owner to access the Site on the Device. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Site or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 The Site or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.7 Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.0 The Services
2.1 The Site offers you the following main services:
(a) The Site acts as an intermediary between You (the End-User) and a third party whose information you wish to request (and possibly have verified) (the “Information Provider”). The Site allows you to request that the Information Provider provide you with certain personal data and/or documentation. The information which you may request using the Site includes the personal details of the Information Provider as well as documents such as proof of address documents, personal references and other forms of identification or personal information (the “Documentation”).
(b) Upon request, you can also use the Site to request that the authenticity of the Documentation provided by the Information Provider be verified. We will either (a) carry out this verification for and on your behalf or (b) facilitate you obtaining a verification from a third party, using the Documentation which has been obtained from the Information Provider on your request (in each case, a “Verification” or to “Verify”).
(c) The Site offers a central secure storage where the Documentation of each Information Provider is held in an easily accessible and viewable file with each Information Provider having their own unique file/record. The Site offers and strongly recommends use of, 2 Factor Authentication (2FA) for all Documentation held in our secure cloud. This significantly adds to security as it requires a code from your device as well as the secure password in order to access Documentation on a device or computer.
(d) Purging of an entire Information Provider’s Documentation is offered by the site on a “One-Click” basis.
2.2 We act as an intermediary between you (the End User) and the Information Provider. Aside from hosting the Documentation for the purposes of (i) transmitting the Documentation from the Information Provider to you; or (ii) arranging for the Documentation to be Verified, (iii) storing the Documentation on your behalf, we do not store or accumulate any of the Documentation for any other reason. Where you download, archive or otherwise capture the Documentation, it is stored as directed by you only either on the PlanetVerify secure cloud or locally or in a remote storage controlled by you. Note that it is entirely your responsibility to follow standard procedures to back up all of your hard drive data which includes any Documentation held by you. When you prompt the Site to request certain Documentation from the Information Provider, this Documentation is transmitted through the use of our secure cloud directly to you. We will store the Documentation only as directed by you for as long as you require and we offer a “One-Click” purging of an individual’s Documentation which can be utilised at any time. After you select to purge the Documentation from the Site, it will be removed from our cloud storage within approx. 24 hours. If you have downloaded Documentation from PlanetVerify before the purging process, it may be stored by you, at your own responsibility in your own hard drive infrastructure or alternative cloud storage. We reserve the rights to apply additional charges to cover the cost of extended storage of Documentation on the PlanetVerify cloud. If you have chosen to purge Documentation we will not maintain copies or back-up copies of it.
We strongly recommend that you switch on 2FA to give the Information Provider maximum protection of their Documentation.
2.3 We are not responsible for nor will we bear any liability for:
(a) the type of Documentation which You request from an Information Provider;
(b) your decision to request certain Documentation from an Information Provider or your decision to ultimately enter into contractual relations with any Information Provider;
(c) any decisions which are made by you which follow your decision to request Documentation (including where you request a Verification or decisions which you make after you receive the results of a Verification);
(d) an Information Provider purporting to be someone they are not (noting that if requested, we will endeavour to Verify the Documentation provided by the Information Provider);
(e) an Information Provider engaging in fraud or submitting false or misleading Documentation or omitting to submit Documentation which they possess; or
(f) accidental deletion of your data for any reason.
2.4 You are entirely responsible for your own compliance with applicable data protection legislation and regulations (including but not limited to the Data Protection Acts 1988 and 2003, the ePrivacy Regulations S.I. 336 of 2011 and any legislation which supersedes or amends that legislation from time to time).
2.5 To the extent that another end-user of the Service chooses to share Documentation or a Verification with you, PlanetVerify disclaims any and all liability in relation to such sharing and direct or indirect consequences of same. You are wholly responsible for any decisions that you make based on the sharing of other users Documentation or Verifications.
3.1 On your request and in consideration for a fee (the “Fee”), we will take steps to provide the Services (including the Verification of Documentation which has been submitted by an Information Provider). In order to do this, we may contact third parties for assistance and share the Documentation with them.
3.2 While we make reasonable efforts to Verify the identity of Information Providers, we take no responsibility for and exclude all liability in respect of the Verification of Documentation.
3.3 Where we are requested to Verify a credit card on your behalf, we may, subject that we have been given prior consent by the registered card holder and are lawfully authorised in that regard, do so by placing a small charge(s) on the card and asking the Information Provider to verify the amounts of the charge(s).
3.4 The decision to Verify any Documentation is taken by you and we carry it out at your request.
3.5 A Verification which has been provided by us, or a Verification which has been carried out by a third party (for example, by you) may be withdrawn, retracted or removed at any time.
3.6 Where a piece of Documentation has been Verified or originally sighted, the document history will show this. If the owner of the Documentation decides to share it with a third party through the PlanetVerify App, the fact that it has been Verified on your behalf or originally sighted by you may be visible to that third party. If you wish to remove your name from the document history as the entity who commissioned the Verification or who originally sighted the Document, you may do so using the Settings function of the Site or by asking us to have your verifications/original sightings anonymised.
4.0 Grant and scope of licence
5.0 Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
5.1 not to copy the Site or any aspect of the Site (including but not limited to its layout or colour scheme) except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
5.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site in any way;
5.3 not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site or any part of it to be combined with, or become incorporated in, any other programs (including but not limited to programs that scrape content from websites);
5.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to do any such thing except to the extent that (by virtue of section 82 of the Copyright and Related Rights Act 2000) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving inter-operability of the Site with another software program;
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software that is substantially similar to the Site;
5.5 to include our copyright notice on all entire and partial copies you make of the Site on any medium;
5.6 not to provide or otherwise make available the Site in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
5.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Site or any Service (the “Technology”)
together the “Licence Restrictions”.
6.0 Acceptable Use Restrictions
6.1 You must:
(a) not use the Site or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Site or any Service;
(c) not request any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site or any Service;
(d) not use the Site or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not falsify your identity in any way;
(f) not load or forward personal details or documents that have been falsified or forged;
(g) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
(h) not misrepresent yourself or your purpose in any way to the Information Provider;
(i) only accept Documentation which has been provided to you using the Site. You must not, and agree not to, accept Documentation which is displayed to you on an Information Provider’s Device.
(j) only process Documentation gathered through the Site for your own legitimate business needs and refrain from the further processing of the Documentation in a way that might be prejudicial to the rights of the individuals whose personal data is comprised in the Documentation.
together the “Acceptable Use Restrictions”.
6.2 By using the Site, you warrant that:
(a) you will comply with the Acceptable Use Restrictions;
(b) you have a legitimate business need to request the Documentation and to have it Verified (to the extent that you also request to have it Verified);
(c) in respect of any Documentation that you receive pursuant to the Services, you will comply fully with your obligations under data protection law including the Data Protection Acts 1988 and 2003, the ePrivacy Regulations S.I. 336 of 2011 and any legislation which supersedes or amends that legislation from time to time.
7.0 Intellectual property rights
7.1 You acknowledge that all intellectual property rights in the Site, and the Technology anywhere in the world belongs to us or our licensors, that rights in the Site are licensed (not sold) to you, and that you have no rights in, or to, the Site, or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the Site in source-code form.
8.0 No Warranty
8.1 All warranties in respect of the Site and the Services, express or implied are, to be greatest extent permitted by law, excluded. We make no warranty whatsoever that the Site will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described on our website.
8.2 The Services (including all Verifications) are provided on an “as-is” basis and we make no warranty whatsoever as to the reliability of the Documentation or the results of a Verification. We cannot, nor do we, guarantee fully the results of any Verification.
9.0 Limitation of liability and indemnity
9.1 You acknowledge that the Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.
9.2 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your download of the Site and your use of the Services. For the avoidance of doubt, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
9.3 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €1,000. This does not apply to the types of loss set out in condition 9.4.
9.4 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other liability that cannot be excluded or limited by the laws of Ireland.
9.5 You agree to indemnify and keep PlanetVerify indemnified against any and all liability suffered by PlanetVerify and arising from or due to your failure to comply with these terms and conditions (including but not limited to any liability which PlanetVerify incurs to a third party as a result).
10.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the notification of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c) if we become the subject of proceedings relating to insolvency, receivership, liquidation or other similar arrangements;
(d) if we consider that the provision of the Service breaches or is likely to breach any law or enactment which is now or may in the future come into force; and
(e) if you are found to have falsified your identity or mislead Information Providers in a material way; or
(f) if you are found to have breached the Data Protection Acts 1988 and 2003, the ePrivacy Regulations S.I. 336 of 2011 and any legislation which supersedes or amends that legislation from time to time.
10.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease and the provision of the Services shall cease; and
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services.
10.3 Notwithstanding the above, we reserve the right to suspend or close your PlanetVerify account or withdraw the Site immediately.
11.0 Data Protection
11.1 Terms used in this clause which are capitalized but undefined shall have the meaning given to them in Applicable Data Protection Law(as defined in clause 11.2).
11.2 The parties agree that to the extent that they Process Personal Data referable to EU residents, they are subject to applicable data protection law and shall in particular comply with the Irish Data Protection Acts 1988 and 2003, the European Communities (Electronic Communications Networks & Services) (Privacy & Electronic Communications) Regulations 2011, the EU Data Protection Directive 95/46/EC, any successor to the EU Data Protection Directive 95/46/EC (including, when it comes into force, the General Data Protection Regulation (Regulation (EU) 2016/679)), and all other industry guidelines (whether statutory or non-statutory) or applicable codes of practice and guidance notes issued from time to time by the Irish Data Protection Commissioner relating to the processing of Personal Data or privacy (together, the “Applicable Data Protection Law”).
11.3 To the extent that PlanetVerify Processes Personal Data for or on your behalf:
(a) PlanetVerify agrees to act solely as Processor and Process such data only to the extent, and in such a manner, as is necessary for the purpose of providing the Services and in accordance with your documented instructions from time to time and shall not process the such data for any other purpose;
(b) PlanetVerify will notify you immediately if it receives any complaint, notice or communication which relates directly or indirectly to the Processing of Personal Data and provide you with reasonable co-operation and assistance in relation to any such complaint, notice or communication;
(c) PlanetVerify will notify you immediately if any Personal Data which it Processes on your behalf is lost or destroyed or becomes damaged, corrupted or unusable or becomes available or accessible to unauthorized third parties. If any Personal Data is corrupted or lost as a result of any default by PlanetVerify, its employees, agents or service providers, PlanetVerify will make best efforts to procure the restoration of such Personal Data itself;
(d) you will make available to PlanetVerify all information which is necessary to demonstrate your compliance with Applicable Data Protection Law;
(e) on the provision of reasonable notice, PlanetVerify will permit you to carry out audits of PlanetVerify’s technical and organizational measures for the protection of Personal Data provided that any audit of the data-processing facilities of PlanetVerify shall be carried out on your behalf by an independent third party appointed by PlanetVerify. Such an independent third party shall have appropriate professional qualifications and be bound by a duty of confidentiality;
(f) PlanetVerify agrees to ensure that access to Personal Data is limited to: (a) those employees, contractors and service providers who need access to the Personal Data to meet PlanetVerify’s obligations under this EULA; and (b) in the case of any access by any employee, service provider and/or contractor, such part or parts of the Personal Data as is strictly necessary for performance of that employee’s or service provider’s duties; and ensure that all employees, service providers and contractors: (x) are informed of the confidential nature of the Personal Data being processed; (y) have undertaken training in the laws relating to handling of Personal Data; and (z) are aware both of PlanetVerify’s duties and obligations as Data Processors under Applicable Data Protection Law;
(g) you undertake the use of the Site and the Services in a manner which is compliant with Applicable Data Protection Law and in particular you agree not to use it in order to gather excessive Personal Data and not to use any Personal Data which you gather for purposes other than the purposes which you have clearly identified to the Data Subject. You agree to indemnify and keep PlanetVerify indemnified against any and all liability suffered by PlanetVerify and arising from or due to your failure to comply Applicable Data Protection Law (including but not limited to any liability which PlanetVerify incurs to a third party as a result).
11.4 We may from time to time authorize a third party (a “Sub-processor”) to process the Personal Data being processed for or on behalf of PlanetVerify provided that the Sub-processor’s contract is on terms which are substantially the same as those set out in this clause and the Sub-processor’s contract terminates automatically on termination of this EULA for any reason.
11.5 PlanetVerify undertakes not to remove or transfer Personal Data which it may process on your behalf from the European Economic Area without having an appropriate transfer mechanism in place which is compliant with Applicable Data Protection Law.
11.6 PlanetVerify shall at all times have appropriate technical and organizational measures in place to protect and secure any Personal Data which it holds for or on your behalf against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and that having regard to the state of technological development and the cost of implementing any measures, such measures shall provide a level of security appropriate to the risk represented by the processing and the nature of the Personal Data to be protected.
12.0 Communication between us
12.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to PlanetVerify Limited trading at NDRC, Digital Exchange Building, Crane St, Dublin 8 or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when registering to access the Services through the Site.
13.0 Force Majeure
13.1 Notwithstanding any other provision of this EULA, we shall not be liable for any delay in performing, or failure to perform, any of our obligations under this EULA if, and to the extent, performance is delayed or prevented due to a cause or causes that are beyond our reasonable control and occurring without our fault or negligence (each a “Force Majeure Event”), including, but not limited to, acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, sabotage (including network intrusions, hacking and denial of service attacks), vandalism, strikes or other labour problems, computer attacks, failure of public or private telecommunications networks or malicious acts.
13.2 If a Force Majeure Event takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Force Majeure Event.
14.0 Other important terms
14.1 You warrant that you have full capacity and authority and all necessary consents to enter into and to perform this agreement. To the extent that you enter into these terms on behalf of a company or other legal entity, you warrant that you have full authority to bind the company or entity that you are representing.
14.2 Where you provide access to Site for your employees or contractors, you are wholly responsible for their behaviour and for ensuring their compliance with these terms.
14.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
14.4 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
14.5 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.7 Please note that this EULA, its subject matter and its formation, are governed by the laws of Ireland. You and we both agree to submit to the exclusive jurisdiction of the courts of Ireland.
This agreement has been entered into on the date that you clicked “I accept” to these terms.