TERMS & CONDITIONS
1. OVERVIEW
This document details the terms of use for the Verireal software program (‘Verireal’) created
by 100 Points Pty Ltd.
100 Points Pty Ltd or “we, our, us” is the proprietor of Verireal. Users include real estate
agents, conveyancers, financial institutions, and brokers (‘Verifiers’) and it has many
functions including collecting your personal information and identification documents using
a mobile phone anywhere in Australia, to enable businesses that require verification of your
identity to provide services to you.
By using Verireal you confirm that you understand and are legally bound by the following
Terms of Use. If you do not agree to these Terms of Use you must not use Verireal.
2. INFORMATION SECURITY
2.1. It is solely your responsibility to keep your login details confidential. You are solely
responsible for all activity that occurs within Verireal using your login details. If you suspect
that an unauthorised user knows your login details, you must change your password
immediately and notify us.
2.2. By using Verireal you warrant to us that you are providing your personally-identifying
information and documents for a legitimate and legal purpose, and that purpose is the
same purpose you declared to your Verifier.
2.3. You are responsible for the accuracy and completeness of the information you enter into
Verireal. If you have concerns about the use of your personal information, you must first
attempt to resolve the issue with your Verifier before contacting us.
3. YOUR CONDUCT
3.1. You are prohibited from making any attempt to modify, copy, adapt, reproduce, publish, or
reverse-engineer Verireal in whole or in part, or grant any rights to any party in relation to
Verireal.
3.2. You agree to abide by all laws which apply, including privacy legislation, and will not use
Verireal for any fraudulent activity either directly or indirectly.
3.3. You acknowledge and accept that we only grant to you a limited licence to use Verireal for
the duration of the identification process with the Verifier, after such time the licence
automatically expires, but these Terms of Use continue to apply.
4. WARRANTIES
4.1. You acknowledge Verireal and our associated websites and software is provided by us on an
“as is” basis, and acknowledge that we make no representations whatsoever as to its fitness
for purpose, suitability, merchantability, or compatibility.
4.2. You acknowledge that we may add third-party plug-in software at any time and that we are
not responsible or liable for any loss caused to you or any third party due to your use of that
software. We put you on notice that your use of such third-party software may be governed
by that provider’s own terms of use.
4.3. You acknowledge that Verireal and any associated websites and software may not be
error-free, virus-free, secure, or uninterrupted and you use Verireal at your own risk.
4.4. We are not responsible for and bear no liability in relation to the accuracy of content,
material, information, or data, however described, which is uploaded to Verireal, nor are we
responsible for the loss or theft of such data which may include your personally identifying
information.
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5. INDEMNITY
5.1. You indemnify, and hold us and our related bodies corporate harmless from and against any
and all costs, losses, damages, judgments, and expenses including, without limitation,
reasonable legal fees but excluding indirect, punitive, consequential or exemplary damages
or losses arising out of any claim, action, or other proceeding instituted by a person or
entity that arises out of or relates to any breach of your obligations contained in this Terms
of Use. This indemnity does not include any loss to the extent it is caused or contributed to
by us our related bodies corporate and we agree that we must act reasonably to mitigate
any loss claimed under this indemnity.
6. LIMITATION OF LIABILITY
6.1. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, FOR ANY LOSS OF BUSINESS, REVENUE, PROFITS, MONEY, DATA,
DOCUMENTS, PROPERTY, MATERIALS OR EQUIPMENT, OR OTHER ECONOMIC ADVANTAGE
OR INTANGIBLE LOSS), ARISING OUT OF OR IN CONNECTION WITH:
6.1.1. THE USE OF, OR DELAY OR INABILITY TO USE, VERIREAL OR ANY INFORMATION,
PRODUCTS OR SERVICES OBTAINED THROUGH THIS IT OR ANY OTHER WEBSITE
PUBLISHED BY US;
6.1.2. UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INACCURACY, ERROR OR OMISSIONS
IN YOUR CONTENT, TRANSMISSIONS OR DATA;
6.1.3. SERVICE OUTAGES THAT ARE CAUSED BY OUR MAINTENANCE ON THE TECHNOLOGY
THAT UNDERLIES VERIREAL;
6.1.4. FAILURES OF OUR SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS,
HOSTING, AND POWER PROVIDERS);
6.1.5. COMPUTER VIRUSES;
6.1.6. NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS
OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR
REASONABLE CONTROL;
6.1.7. STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR
6.1.8. OTHERWISE ARISING OUT OF THE USE OF VERIREAL, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL
BREACH OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES WITHOUT IN
ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, WE ARE NOT LIABLE FOR
THE ACTS OR OMISSIONS OF ANY THIRD PARTY ACTING ON INSTRUCTIONS FROM US.
6.2. IN ANY CASE, WHERE OUR LIABILITY IS NOT EXCLUDED, OUR LIABILITY WILL BE LIMITED TO
$100.00.
7. MISCELLANEOUS
7.1. We reserve the right to change these Terms of Use at any time without notice, and such
changes will appear on our website. The changes will apply to services rendered after the
changes are published and you will be deemed to have accepted them by continuing to use
Verireal.
7.2. These Terms of Use, together with our Privacy Policy, constitute the entire agreement
between the parties regarding Verireal and no prior discussions or negotiations, between
the parties have any effect.
7.3. Other than terms relating to the payment of money, neither party incurs liability to the
other due to their delay in performing any task, provided the cause of the delay is outside of
the relevant party’s control.
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7.4. The failure of any party to enforce any term of this contract shall not be construed as a
waiver of that party’s right to enforce such term.
7.5. This agreement is made in Queensland, Australia and is to be governed by the law in force in
Queensland and the parties submit to the non-exclusive jurisdiction of the Queensland
Courts.
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