Terms and Conditions
ETIVE TECHNOLOGIES LIMITED
HOME BUYING AND SELLING IDENTITY TRUST SCHEME
TERMS AND CONDITIONS
You agree that when you use our “MyIdentity” services provided under the Home Buying and Selling Identity Trust Scheme (“Services”) that a contract will be created between you and us on the terms set out below (the “Agreement”). References to “we”, “our” and “us” are references to ETIVE TECHNOLOGIES LIMITED (Co. Reg. No. SC407510), a company incorporated in Scotland with its registered office at 2 Lister Square, Quartermile Two, Simpson Loan, Edinburgh, EH3 9GL. We designed and own the MyIdentity trust scheme, which is aligned to the UK Government’s Digital Identity and Attributes Trust framework. References to “you” and “your” are references to the individual using our Services.
1 THE SERVICES
We shall provide you with our Services to enable you to prove your identity by choosing from a selection of certified identity providers (IDSPs). You will be able to share your ID certificate provided by the IDSP with all those who might need access to it as part of your home buying and selling process. Once you choose and engage with an IDSP you will be subject to their terms and conditions.
2 YOUR OBLIGATIONS TO US
2.1 You acknowledge and warrant to us that the details provided by you as part of the Services are correct.
2.2 In consideration of our provision of the Services you agree to:-
2.2.1 comply with the terms of this Agreement;
2.2.2 only input accurate information when using the Services;
2.2.3 amend and correct any information you input that you discover is inaccurate or misleading; and
2.2.5 employ adequate security measures in order to protect your personal log-in code from access by third parties and against unauthorised use.
2.3 You agree that in using our Services you will not:
2.3.1 email, transmit, publish, upload, link to or otherwise disseminate any information, data or document (including text, photographs or other images) which is false, misleading, defamatory, libellous, obscene, in breach of any right of confidence, copyright or other intellectual property or other rights, vulgar or indecent or may have the effect of being harmful to minors or others, harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal or gives rise to any civil liability or which damages our reputation or the reputation of any of our affiliates, partners, sponsors or their affiliates;
2.3.2 transmit, upload, publish or otherwise disseminate personal data regarding any other person, including without limitation, their email address or other contact details that would enable any third person to contact such person other than using information made publicly available by such person (and if necessary, you should take care to blank these personal details out before the relevant information is transmitted, uploaded, published or otherwise disseminated);
2.3.3 transfer, upload, share or otherwise disseminate files that contain viruses, trojans, worms or other harmful programs, code or files;
2.3.4 use our Services in any way that may lead to the encouragement, procurement or carrying out of any criminal activity; or
2.3.5 use our Services to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3 NO CHARGES
Please note that there are no charges for being granted access to the Services through MyIdentity. If you choose to get your identity verified through an IDSP directly they may charge you for their service.
4 DISCLOSURE OF DATA & PRIVACY STATEMENT
5.2 This Agreement may be terminated immediately if you have become insolvent, are unable to pay your debts or have committed an act of bankruptcy or called a meeting of or compounded or negotiated for any composition with or entered into any arrangement with your creditors or an individual voluntary arrangement or if a judicial factor, trustee, receiver or official assignee shall have been appointed over your estate or in the event of your death.
5.3 This Agreement may be terminated by either you or by us at any time by giving notice to the other party.
5.4 Any termination of this Agreement pursuant to this Clause 5 shall be without prejudice to any other rights or remedies either you or us may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either you or us. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Agreement shall remain in full force and effect.
5.5 In the event that we terminate this Agreement, we reserve the right to prevent you from using the Services in the future.
6.1 Transfer and Sub-Contracting: This Agreement is personal to you only. Only we shall be entitled to assign, transfer, sub-contract or otherwise dispose of our rights under this Agreement or any part thereof to any third party.
6.2 Notices: Your address and email address shall be as given to us in your application for membership, our address shall be ETIVE TECHNOLOGIES LIMITED, 2 Lister Square, Quartermile Two, Simpson Loan, Edinburgh, EH3 9GL and our email address shall be email@example.com. All notices to be given under this Agreement must be either in writing or by electronic mail and sent to the last notified address of the recipient, or any other address which the recipient may subsequently advise the other in writing or by electronic mail.
6.3 Severability: If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision eliminated; declaring that in the event of any such severance, we and you shall negotiate in good faith with a view to replacing the provisions so severed with legal and enforceable provisions that have similar economic and commercial effect to the provisions so severed.
6.4 Force Majeure: We shall not in any circumstances be liable to you for any loss of any kind whatsoever, including, but not limited to, any damages, whether directly or indirectly caused to or incurred by you by reason of any failure or delay in the performance of our obligations hereunder which is due to an event beyond our reasonable control (“Force Majeure Event”). Notwithstanding the foregoing, we shall use all reasonable endeavours to continue to perform, or resume performance of, such obligations hereunder for the duration of such Force Majeure Event.
6.5 Waiver: No waiver by us of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated by us to you in writing or by electronic mail. Subject to the foregoing sentence, no delay or failure by us in exercising or enforcing any of our rights or remedies under this Agreement will prejudice or restrict our rights, nor will any waiver of rights by us operate as a waiver of subsequent rights.
6.6 Law & Jurisdiction: This Agreement shall be governed according to the laws of England and shall be subject to the non-exclusive jurisdiction of the English Courts, to which jurisdiction both we and you hereby irrevocably submit.
6.7 Third Party Rights: Subject to Clause 6.1, this Agreement does not create, and shall not be construed as creating, any right which is enforceable by any person who is not party to it.
6.8 Modification: Any modification or variation to the terms of this Agreement shall only be valid if it is agreed in an exchange of electronic mail between you and us (or our respective duly authorised agents); declaring that we shall be entitled to provide for deemed acceptance by you in any such electronic mail by us concerning a proposed modification or variation (where such proposed modification or variation will be binding upon you if you do not respond to us to the contrary within a specified period of time).
6.9 Agency: Nothing in this Agreement shall be construed as creating a partnership, a contract of employment or a relationship of principal and agent between us and you.
6.10 Statutory Rights: Nothing in this Agreement shall be construed as affecting your statutory rights as a consumer.