This document contains the Terms of Service, (the “ToS” or “Terms”) which applies to your use of products and services provided by Multiconomy, including but not limited to, the Sec Identify app (the “Services”) and is a legally binding agreement between you (“you” or “User”) and Multiconomy. By using the Services you agree to be bound by these Terms of Service which may be updated from time to time.
Multiconomy grants you a non-exclusive, revocable, non-transferable rig to use the Services as provided and, for the use of the Services on a mobile device or computer that you own, control or use. The Services are not for sale and Multiconomy shall remain the owner of the Services at all times. Any inappropriate use of the Services outlined in clause 8 may result in revocation of these rights.
Definitions: as used in this document:
“Sec Identify”, means the product ecosystem which facilitates pseudo-anonymous on-chain identity. It includes the following non-exhaustive list of components that may be added over time: Sec Identify Web App, third-party integrations / interactions bi-directionally to and from the Sec Identify system and Sec Identify associated on-chain and gamification services on MultiversX. Sec identify is jointly-owned by Multiconomy Pty Limited and Kreative Industry.
“MultiversX”, a highly scalable, secure and decentralized blockchain network created to enable radically new applications, for users, businesses, society, and the new metaverse frontier.
“Multiconomy”, “us” or “we” means Multiconomy Pty Limited, a limited liability company incorporated in Australia, ACN 663 907 944, with the registered address at Ground Floor, 470 St Kilda Road, Melbourne, VIC 3004, Australia.
“Kreative Industry”, means a limited liability company incorporated in France, 95326441300014, with the registered address at 2 en Nicolairue 57000 Metz, France.
Before using the Services, Users should read the ToS carefully.
By using the Services you agree to the ToS and Sec Identify’s Privacy Policy, and agree to be bound by them.
You must be 18 or over to accept these terms and use the Services.
1. Your Data and Privacy
1.1 Sec Identify provides identity verification services and in order for us to provide the Services to you, we need to collect your data for verification purposes. By using our Services you agree to us collecting and storing your data for ongoing Anti-Money Laundering (“AML”) monitoring purposes. You further agree that the results of verification will be disclosed to third party service providers when you apply for their services via Sec Identify. Some third party service providers may request ongoing AML monitoring, therefore you agree to consent to Sec Identify and Multiconomy to disclose the results of the ongoing AML checks with the third party service providers. Sec Identify and Multiconomy are not liable for any issues, accuracy or concerns arising out of these results.
1.2 You will find more information on how we collect, store and disclose your data through your use of the Services in our privacy policy here. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You must ensure that all password, encryption keys or other access procedures and security information for the use of the Services are kept completely secure and confidential and are used in accordance with any instruction that Multiconomy provides. You agree to notify Multiconomy immediately if you suspect that the security of any such access procedure or security information may have been compromised or any unauthorized use may have occurred.
You acknowledge that Multiconomy is not responsible for any breach by you of the abovementioned provision or any loss or damage you incur as a result of the interception of any instructions or information transmitted by or to you through the Services or any unauthorised use of the Services by persons purporting to act on your behalf.
1.3 Multiconomy may use third party service providers for verification services at its own discretion and data may be disclosed to them which may include data being sent outside of the European Union. Multiconomy will endeavour to ensure data protection measures are in place and in accordance with local regulations. To that end, to the extent permitted by applicable law, you agree to Sec Identify and Multiconomy disclosing the necessary data for your full enjoyment of the Services. By accepting the ToS, such data shall be used in accordance with the personal data protection regulation in place and shall not be used for any other purpose than to provide the Services and fulfil our contractual obligations towards you.
2. Support and Contact
If you want to learn more about the Services or have any problems using them please contact us (including complaints). If you think the Services are faulty or wish to contact us for any other reason please email our customer service team at [email protected].
3. Disclaimers
3.1 To the maximum extent permitted by applicable law, the Services are provided “as is” and on an “as available” basis, with no representations, warranties, promises or guarantee whatsoever or agreement of any kind as to their functionality, quality or fitness for purpose. We hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, of accuracy, of quiet enjoyment, non-infringement of third-party rights, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Sec Identify is accurate, complete, or useful. We do not warrant that access to the Services will be uninterrupted or that there will be no delays or failures, or that our Services will be operational, error-free, secure, or safe at all times.
3.2 To the maximum extent permitted by applicable law, We disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation:
3.2.1 any warranty with respect to the content, information, availability of, or uninterrupted access to any Service (including the maintenance and operation of the App and ensuring the operation of the Services in a manner consistent with the written text of this document) or products provided through or in connection with the Services;
3.2.2 any warranties of title or implied warranties of merchantability or fitness for a particular purpose; and
3.2.3 any warranties as to the legitimacy or characterisation of the Services and any services associated with it under any applicable law (including any applicable tax law) or regulation in any and all relevant jurisdictions.
3.3 To the maximum extent permitted by applicable law, in no event will Multiconomy be responsible or liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, breach of trust, breach of fiduciary duty or otherwise, for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, investment opportunities, data use, goodwill, increased overheads or administrative expenses or other intangible losses) regardless of whether Multiconomy has been advised of the possibility of such damages, liabilities, losses, costs or expenses, provided that these conditions shall not prevent claims that are not excluded by applicable law, arising out of or in connection with:
3.3.1 The use of the Services or any services associated with it, including but not limited to, results of the ongoing AML monitoring services provided to third parties under your instructions;
3.3.2 any provision of or failure to provide the services associated with the Services;
3.3.3 any reliance on, or decision made on the basis of, information or material provided by Multiconomy (including without limitation, as part of these terms);
3.3.4 any acts, omissions, statements or representations of any third-party, including but not limited to Multiconomy Pty Ltd, Kreative Industry, any other third party service providers of Multiconomy;
3.3.5 any matter affecting the utility, legitimacy, legality or characterisation of the Services or any associated services caused by circumstances beyond Sec Identify’s reasonable control;
3.3.6 unauthorised access, use or alteration of the Services;
3.3.7 the failure of the software code of any of the smart contracts to operate in a manner that is consistent with the written text of this document;
3.3.8 any suspension of, any delay or failure to provide notice of any suspension of, or any alleged delay in suspending or any alleged failure to suspend, the operation of the Services (in whole or in part) for security reasons; or
3.3.9 the failure to receive in any way the transmission of any data or content from you.
3.4 Multiconomy shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed.
4. Websites You Link To
4.1 The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
4.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
5. Intellectual Property Rights
5.1 Multiconomy owns the intellectual property rights of the Services. You have no rights in, or to, the Services other than the right to use it in accordance with these Terms.
5.2 You acknowledge that you have no right to have access to the Services in source-code form.
5.3 You must not:
5.3.1 copy or reproduce all or any part of the Services;
5.3.2 alter, modify or adapt all or any part of the Services;
5.3.3 translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services and the Services on devices as permitted in these terms;
5.3.4 give, remove or tamper with any copyright notice attached to or contained within the Services (all ownership remains with Multiconomy); or
5.3.5 carry out reverse engineering of the Services.
6. Limitation of Liability
6.1 You acknowledge that the Services have not been designed and developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services as described in the ToS and other documents meet your requirements.
6.2 We shall not be liable for any direct, indirect or consequential losses relating to, arising out of, or in any way in connection with Multiconomy or Services provided by Multiconomy. We shall not be liable for any loss of profits, loss of business, business interruption, or loss of business opportunity (in each case whether direct or indirect losses).
6.3 We shall not be liable for any direct, indirect or consequential losses relating to, arising out of, or in any way connected to the results of the ongoing AML monitoring services carried out upon the request of the third-party service providers.
6.4 Subject to clause 6.5, the total liability of Multiconomy to a User shall not exceed AUD $1,000.
6.5 This clause 6 (Limitation of Liability) and clause 3 (Disclaimers) will apply to the maximum extent permitted by applicable law. Nothing in the ToS shall limit or exclude our liability for:
6.5.1 death or personal injury resulting from our negligence;
6.5.2 fraud or fraudulent misrepresentation; and
6.5.3 any other liability that cannot be excluded or limited by the laws of Australia.
7. We Are Not Responsible for Events Outside Our Control
7.1 If the provision of the Services or support for the Services is delayed by an event outside our control then we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by events outside our control.
8. Acceptable Use Restrictions
8.1 You must not:
8.1.1 copy, reproduce, alter, vary, modify, adapt, translate, merge or reverse engineer the Services;
8.1.2 use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the ToS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services;
8.1.3 use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
8.1.4 infringe our intellectual property rights or those of any third-party in relation to your use of the Services;
8.1.5 remove or tamper with any copyright notice attached to or contained in the Services
8.1.6 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services.
9. Variation
9.1 Multiconomy may change / update the terms of the ToS at any time. Please make sure to check the Sec Identify website regularly for the latest version.
9.2 If Multiconomy makes a change to the ToS that you disagree with, you can terminate the ToS before that change takes effect without charge by stopping the use of the Services. If you continue to use the Services after the changes come into effect, then Multiconomy will assume that you have accepted the changes accordingly.
10.Updates to the Services
10.1 From time to time, we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security concerns. Alternatively, we may also ask you to update or refresh the Sec Identify dApp or webpage for the reasons above.
10.2 If you choose not to refresh or install such updates or if you opt out of automatic updates, you may not be able to continue using the Services or may only have access to a limited number of functionalities.
11. Termination
11.1 Multiconomy may terminate the relationship with a User immediately if:
11.1.1 a User has seriously or persistently breached any of the terms of the ToS, including where Multiconomy reasonably suspects that a User has committed fraud or may be acting fraudulently in connection with the Services;
11.1.2 a User was not entitled to access the Services, or his/ her eligibility to download and/or use the Services changed or;
11.1.3 a User is using the Services for an illegal purpose.
11.2 Multiconomy will notify you if it decides to suspend or delete you. This can include notification by SMS, a message when you log onto the Services, by post, by email, by secure e-message, or in any other applicable way.
11.3 You can terminate the ToS at any time by stopping the use of Services.
11.4 Upon termination for any reason, all rights you have in respect of the Services will immediately end.
12. Governing Law, Jurisdiction, and Dispute Resolution
12.1 The ToS are governed by the laws of Victoria, Australia and shall be construed in accordance with these laws.
12.2 Subject to clause 12.3, courts in Victoria, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the ToS.
12.3 Multiconomy is committed to providing quality Services therefore it aims to deal with disputes in a transparent, confidential, and efficient manner. If any dispute arises in connection with the Services, Multiconomy shall have one-hundred and twenty (120) days from the date of the complaint by the User to address the dispute and propose a resolution.
13. Miscellaneous Terms
13.1 To the extent permitted by applicable law, Multiconomy may make such a transfer of the ToS and the rights and obligations under the ToS pursuant to a consolidation or amalgamation with, or merger with or into another entity (but without prejudice to any of your rights under the ToS).
13.2 Each of the terms of the ToS operate 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.