Terms and Conditions

Introduction

These Terms and Conditions ("Terms") govern the use of Clarifyd's website (clarifyd.com.au) and any services offered by Clarifyd ("Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1) Services

Clarifyd provides RegTech solutions with a primary focus on ensuring compliance with Anti-Money Laundering and Know Your Customer (KYC) obligations. Our comprehensive suite of services encompasses, but is not limited to:

  1. Identity Verification - Solutions for verifying the identity of both individuals and entities.
  2. Business Verification - Streamlined services to authenticate businesses and legitimacy during identification of ultimate beneficial owners.
  3. Anti-Money Laundering (AML) Assessment - Sophisticated risk assessment solutions designed to meet stringent AML obligations.
  4. Counter-Terrorism Financing Assessment - Solutions to help identify and mitigate terrorism financing risks.
  5. Ongoing Customer Due Diligence - Proactive solutions facilitating continuous monitoring of customer profiles and transactions to identify potential risks.
  6. Suspicious Matter Reporting - Solutions to draft and submit reports where suspicious matter is identified.

2) Account Registration

To access and use any of Clarifyd's Services, you must register an account. You represent and warrant that all information provided during registration is accurate and complete.

You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

3) Acceptable Use

You agree to use the Services only for lawful purposes and:

  1. You will not use the Services to violate any applicable laws or regulations.
  2. You will not interfere with or disrupt the Services or servers associated with the Services.
  3. You will not impersonate any person or entity or falsely misrepresent your affiliation with any person or entity.

4) Intellectual Property

Clarifyd owns or has the right to use all intellectual property in its website and Services, including trademarks, service marks, logos, software, text, and graphics.

You may not use Clarifyd's intellectual property without prior written consent.

If you provide content, data, or feedback related to the Services, you grant Clarifyd a non-exclusive, transferable, royalty-free license to use this content for improving the Services.

5) Warranties, Guarantees and Disclaimers

Clarifyd provides the Services on an "as is" and "as available" basis. We make no express or implied warranties or guarantees regarding the Services, including guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

Any assessments or results provided through our Services are as information only and should not be viewed as advice on which you should rely on. The accuracy of services carried out by Clarifyd relies on the accuracy and completeness of the information provided by you. Clarifyd will not be responsible for any errors or omissions resulting from incorrect or incomplete information you supply.

To the maximum extent permitted by law, Clarifyd disclaims liability for any loss or damage arising from the use of its Services.

6) Limitation of Liability

In no event shall Clarifyd be liable for any indirect, incidental, consequential, or special damages arising from or related to your use of the Services, even if Clarifyd has been advised of the possibility of such damages.

7) Use of Information

Clarifyd may use the information and documents collected using our Services for the following purposes:

  1. Providing, operating, and improving the Services.
  2. Communicating with you regarding your account and service-related matters.
  3. Research and analysis to enhance user experience and service offerings.
  4. Compliance with legal obligations and regulatory and requirements.
  5. To make inquiries with third-party vendors, as needed, to verify the information you provide and conduct our Services according to industry standards.

You confirm and warrant that you have consent and authorisation to provide the information and documents to Clarifyd to utilise our Services.

The onus of updating the information and documents provided lies on you and you will inform Clarifyd or any changes within a reasonable timeframe.

8) Payment and Fees

Clarifyd's services are provided on a transactional basis. Prices for each Service will be quoted and made available prior to payment, as they differ based on the specific services or solutions required.

You are responsible for any applicable taxes and fees.

Clarifyd will endeavor to accommodate cancellation requests and issues refunds, where possible at its sole discretion. Once a Service has been initiated, your right to a refund and cancellation is waived.

9) Indemnification

You agree to defend, indemnify, and hold harmless Clarifyd, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses arising from or related to your use of the Services or any breach of these Terms.

10) Data Privacy

Clarifyd will handle personal data in accordance with Australian privacy laws, including the Privacy Act 1988 (Cth). You can find further information in our Privacy Policy here.

11) Dispute Resolution

In case of any dispute, parties agree to first attempt informal resolution via negotiation or mediation. Please contact Clarifyd by emailing your concern and complaints to hello@clarifyd.com.au.

If the informal resolution fails, dispute will be governed by the laws of the state of Queensland and subject to the jurisdiction of its courts.

12) Changes to Terms

Clarifyd reserves the right to update these Terms from time to time. We'll notify you of material changes. Your continued use of the Services constitutes acceptance of the updated Terms.

13) Termination

Clarifyd reserves the right to suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

  1. Breaches of any of the provisions outlined in these Terms.
  2. Suspected fraudulent, abusive or unlawful activity.
  3. Actions that may harm Clarifyd, other users, or third parties.

Upon termination, you may lose access to any data or information associated with your account. Any Services that are in progress will be manually cancelled and refunded to your prescribed payment method.

14) Contact Us

If you have questions about these Terms, please contact us at hello@clarifyd.com.au.

15) Severability

If any of provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.