Terms and Conditions for Platform Users

Welcome to VerifyEd

Thanks for using our platform (“Platform”). The Platform is provided by VerifyEd Ltd (“VerifyEd”) located at Towngate House, 2-8 Parkstone Road, Poole, Dorset, United Kingdom, BH15 2PW.

1. Introduction to these terms

1.1 These terms apply to any person accessing the Platform to view certificates or credentials (Digital Certificates) provided by awarding entities with which we have agreements (Clients).  You may either be an individual to whom the Digital Certificates relate (a Profile User) or someone interested in recruiting a Profile User (a Recruiter). You must agree to these terms when you set up an account to use the Platform. Please read them carefully.

1.2 We may modify these terms or any additional terms that apply to the Platform to, for example, reflect changes to the law or changes to the Platform. You should look at the terms regularly. We will publish notice of modifications to these terms on this page. Changes will also be notified to you when you next use the Platform after they have been published. Changes will not apply retroactively and will become effective as soon as they are published or notified to you, whichever is sooner. If you do not agree to the modified terms, you should discontinue your use of the Platform by deleting your account.

1.3 We may contact you in connection with your use of the Platform either through the Platform or by using the contact details that you provide to us when you set up your user account.  You must keep your contact details up-to-date and you can do this by changing your details in your user account when needed.

2. Data Privacy

Our Privacy Notice explains how we handle your personal data and protect your privacy when you use the Platform. By using the Platform, you acknowledge that we can collect and use such data in accordance with our Privacy Notice. If you have not already read the Privacy Notice please do so.

3. About the Platform

3.1 We provide you with access to the Platform to view and access Digital Certificates.  If you are a Profile User, you are entitled to upload information about your other certificates and credentials and to provide any other information you believe would be helpful for your profile (Profile User Content).  Recruiters will only be able to view personal information about you, such as your name and any other personal information you upload to your profile if you set your profile to be public.  If you do not wish to disclose your personal details, you must use the private setting in your profile.  VerifyEd is not responsible for any disclosure of your personal information if you have set your profile to be public.

3.2 We may, at our sole discretion, make available future updates to the Platform. The Platform updates, if any, may not necessarily include all existing features and any new features may not work on older device operating systems.

3.3 We may update the Platform from time to time and reserve the right to change the design, features and/or functionality at any time without prior notice, but we will not materially downgrade the overall benefits of any services which you have paid for to your detriment before the end of the relevant subscription period.

4. Use of the Platform

4.1 If you are a Profile User, when you set up your user account you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Platform and access, view and share Digital Certificates accessed through the Platform, to upload Profile User Content and to reproduce and store portions of that content for your personal, non-commercial use, all according to these terms.

4.2 If you are a Recruiter, when you set up your user account you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Platform and access, view and share Digital Certificates and Personal User Content (subject to Profile User privacy settings) accessed through the Platform and to reproduce and store portions of that content for the purposes of your own business, all according to these terms.  We do not currently charge for Recruiter access to the Platform but reserve the right to do so in future, and if you do not agree to pay our charges, you may terminate your use of the Platform.

4.3 Where your use of the Platform or any part of it is subject to a subscription fee (Chargeable Services), the following apply:

(a) your use of Chargeable Services is subject to payment of the relevant fees and taxes as specified by the Platform as the date you order such Chargeable Services;

(b) Chargeable Services are provided on an annual subscription basis and we may terminate your access to such Chargeable Services if you fail to pay for them;

(c) we may store and continue billing your payment method (e.g. credit card) to avoid interruptions in Chargeable Services and to use it to pay for other Chargeable Services you may wish to buy; and

(d) if you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you must cancel before the renewal date.

4.4 You agree to provide accurate, current, and complete information required to set up a user account and at other points as may be required in the course of using the Platform. You further agree to maintain and update your account information as required to keep it accurate, current, and complete. We may terminate your rights to use the Platform and any or all of our Chargeable Services if any information you provide is false, inaccurate or incomplete.

4.5 You must not share your password with any other person. The rights granted to you to use the Platform are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else.

4.6 You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Platform or any part of it (except as and only to the extent this is permitted by applicable law). Any attempt to do so is a breach of our rights and those of our licensors and of these terms.

5. Unauthorised Use of Your Account

You agree to promptly notify us of any known or suspected unauthorised use of your account or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or any payment information you have provided for Chargeable Services. Such notification should be sent via email to hello@VerifyEd.io. We are not liable for any loss or damage resulting from your failure to safeguard your password and account.

6. Prohibited Activities

6.1 When using the Platform, you must not:

(a) index, scrape or use WebCrawler or any other similar software to harvest data or certificates from the Platform;

(b) make mass, automated or systematic extractions from the Platform or Digital Certificates available through the Platform;

(c) breach applicable laws and regulations;

(d) use the Platform to cause harm to any other person;

(e) interfere with any other person’s use of the Platform;

(f) invade the privacy of others, or collect and use an individual’s personal and private information if not made public via the Platform;

(g) gain or attempt to gain unauthorised access to other computer systems via the Platform;

(h) create a false identity or impersonate another person; or

(i) advertise or promote other internet sites or services, business or activity.

6.2 In addition, you must not participate in any actions intended to interrupt or otherwise negatively impact the Platform. You should use common sense and be considerate towards other users.

6.3 We reserve the right, at our sole discretion, to suspend or terminate your right to use the Platform if you engage in conduct we deem, acting reasonably, to be inappropriate or objectionable or impairs a third party’s use of the Platform or threatens the integrity or security of the Platform.

7. Profile User Content and contact with other users

7.1 If you are a Profile User, you retain ownership of any intellectual property rights in your Profile User Content.  When you upload Profile User Content through the Platform, you give VerifyEd (and those we work with) a worldwide license to use, host, store, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Profile User Content works better with the Platform), communicate, publish, publicly perform, publicly display and distribute such Profile User Content. The rights you grant in this license are for the limited purpose of operating and improving our Platform, and to develop new services. Please make sure you have the necessary rights to grant us this license for any Profile User Content that you upload to the Platform.

7.3 If you upload Profile User Content or use the Platform to contact other Platform users, you must not submit material that is:

(a) defamatory, obscene, offensive, hateful or inflammatory;

(b) promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(c) infringes any copyright, database right or trade mark of any other person;

(d) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(e) promotes any illegal activity;

(f) is threatening, abuse or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety;

(g) is likely to harass, upset, embarrass, alarm or annoy any other person; or

(h) advocates, promotes or assists any unlawful act, such as (by way of example only), copyright infringement or computer misuse.

7.4 You are solely responsible for your Profile User Content and you indemnify us for any breach of the restrictions in 7.3 above and for any inaccuracy in the Profile User Content. This means you will be responsible for any loss or damage we suffer as a result of such breach or inaccuracy.

7.5 We have the right to remove any Profile User Content if, in our opinion, it does not comply with the requirements set out in 7.3 above.

7.6 If you have any concerns about any Profile User Content or other materials posted or made available to you through the Platform, please let us know at hello@VerifyEd.io.

8. Intellectual Property

8.1 In relation to ownership of intellectual Property Rights:

(a) we own all the intellectual property rights in the Platform;

(b) Clients own the intellectual property rights in the Digital Certificates; and

(c) Profile Users own the intellectual property rights in their Profile User Content.

8.2 You must not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Digital Certificates in whole or in part, except as expressly permitted by these terms. You have no rights to any logos or trade marks applied to the Digital Certificates.

9. Warranties and Liability

9.1 We provide the Platform and our services using a commercially reasonable level of skill and care. Other than as expressly set out in these terms or any applicable additional terms, we make no specific promises about the Platform and our services. For example, we make no commitments about the content within the Platform or the Digital Certificates, the specific functions of services provided by us, or their reliability, availability, or ability to meet your needs or that they are free from viruses or other harmful components. We provide the Platform and our services “as is”.

9.2 To the extent permitted by law:

(a) we exclude all warranties or representations that would otherwise be implied by law;

(b) we are not liable for lost profits, revenues, or data, financial losses or indirect, special or consequential losses;

(c) our total liability for any claims in relation to your use of the Platform and our services, including for any implied warranties that we are unable to exclude, is limited to the amount you paid us to use Chargeable Services, or, if your claim relates to the performance of the Platform or our services (if we choose) to extending your subscription to the Platform or resupplying you the services.

9.3 Nothing in these terms excludes or limits our liability or restricts your rights in relation to any matter that cannot be excluded or limited by applicable law.

10. Termination of your right to use the Platform

10.1 We may terminate your use of the Platform and services if you breach any of these terms and no refund of any fees will be made.

10.2 You may terminate your use of the Platform and services at any time, in which case we shall not be required to give you any refund of any fees except to the extent that we have failed to comply with our obligations under these terms.

10.3 Upon termination for any reason, your right to use the Platform and services, and all associated licence rights, shall immediately terminate.  Termination of your right to use the Platform and services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us.

11. Enforcement of these Terms

11.1 We will pursue our legal and other rights against breaches of these terms to the fullest extent possible.

11.2 We have the right, without liability to you to disclose such relevant information including your account information to law enforcement and other authorities, as we believe is reasonably necessary or appropriate:

(a) to enforce and/or verify compliance with any part of these terms; or

(b) in the interests of public safety or security or the detection or prevention of any crime,

and have the right to cooperate with any third party legal process relating to your use of the Platform, including a third party claim that your use of the Platform is unlawful or infringes any third party’s rights.

12. Entire Agreement

These terms and our Privacy Notice are the entire understanding between you and us relating to your use of the Platform and our services.

13. Force Majeure

The operation of the Platform and performance of services may be subject to delay and interruption due to causes beyond our control, such as cyberattacks, acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, or equipment failure.  We have no liability to you in the case of any such delay or interruption.

14. Severability

To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of these terms.

15. No Waiver

If you breach this Agreement and we do not take action against you, we may still take action against you if you breach the same term on another occasion or if you breach a different term.

16. Dispute Resolution

We will try and solve any disagreements between you and us quickly and efficiently. If you are not happy with the way we deal with any such disagreement, you and we may agree to refer the matter to mediation but neither you nor we are restricted from bringing court proceedings.

17. Governing Law

These terms and all claims, whether contractual or non-contractual, are governed by the laws of England and Wales and we both agree to submit to the exclusive jurisdiction of the English courts.

The terms were last updated on 1 June 2021