Before you register
Before you can register for our Services, you must read, accept and agree to be legally bound by our Terms and Conditions ('Terms') relating to our Services and PrivySeal’s Website: www.privyseal.com.
By registering for, and subsequently accessing or using www.privyseal.com, you acknowledge that you have read, accepted and agreed to be legally bound by these Terms, as updated from time to time.
These Terms explain our obligations and your obligations in any dealings or transactions you have with us.
Please agree to the Terms and Conditions to continue.
LEGALLY BINDING AGREEMENT
Parties
The Parties to these Terms are PrivySeal Pty Ltd (“PrivySeal”), a company registered in Australia, ACN 159 411 926, ABN 21 159 411 926 and you, the user of PrivySeal’s services, including in your capacity as a registered user of www.privyseal.com and your organisation, if you are a representative of your organisation.
Agreement to be bound by these terms
By subscribing for our Services, see below, and/or by accessing and using www.privyseal.com, you irrevocably agree to be bound by the Terms.
Conversely, if you do not wish to be bound by the Terms, you may not navigate to, browse to, access, display, use, download, and/or otherwise copy or distribute content obtained at www.privyseal.com or subscribe for our Services.
Updating of these Terms and Conditions
With the exception of our Privacy Policy, which is set out below, PrivySeal reserves the right to change, modify, add to or remove from portions or the whole of the Terms from time to time.
Changes to the Terms will become effective upon such changes being posted to www.privyseal.com. It is the User's obligation to periodically check the Terms at www.privyseal.com for changes or updates.
The User's continued use of www.privyseal.com following the posting of changes or updates, will be considered evidence of the User's continued acceptance to abide by and be bound by the Terms, including such changes or updates.
About us
PrivySeal checks and confirms the authenticity of information on an ongoing basis.
Once the information has been checked, and provided the information remains accurate, PrivySeal issues certificates and electronic seals which reflect all or part of the current, verified information (“Verification Certificate” or “Privyseal”).
Every effort is made to ensure that our Privyseals and Verification Certificates only display valid information.
Qualification authentication
PrivySeal issues digital seals (“PrivySeal/s”) to individuals or organisations whose current qualification/s, professional designation/s, role, position, status, compliance or registration requirements have been confirmed, in real-time, by reference to the then current authorised records of the appropriate certifying institution (“Data Owner”).
PrivySeals may be inserted by the User into their email signatures and websites to showcase their qualifications, statutory compliance, professional competence, expertise and/or good standing with the certifying institution and to differentiate them from other non-compliant persons.
Your permission
By signing up with PrivySeal, you agree to give us permission to display information about you that is already part of the Public Domain, is otherwise available following enquiry or that you specifically otherwise consent to our disclosing through your proving to us that the information concerned is accurate (“Your Information”).
By signing up with PrivySeal, you agree to give us permission to act on your behalf to confirm, on an ongoing basis, that Your Information is currently valid.
By signing up with PrivySeal, you agree that we may list Your Information on our search engines and use it in the PrivySeal/s and Verification Certificate/s we issue to you (our “Service/s”).
In a nutshell, you willingly consent and agree to PrivySeal using Your Information to provide you with our Services.
Indemnity
Given your permission above, you agree to indemnify PrivySeal against any damages that you may suffer as a result of our Services, however caused, and to otherwise hold us harmless should Your Information be used wrongfully by any third party.
No Confidentiality
You agree that Your Information is available to anyone who makes normal, diligent enquiries to obtain it and that PrivySeal is not violating any law or otherwise infringing your right to privacy by publishing Your Information.
Protection of Personal Information
PrivySeal agrees to comply with international data privacy standards and undertakes to ensure that Your Information is protected in accordance with the laws of the country from which Your Information is sourced and verified.
No fee, no service
You agree that PrivySeal shall not be required to perform any Service/s for you unless you have paid the requisite fee that we charge for such Service/s.
Prohibition against impersonation
You, the User, agree that you shall only subscribe for our Services by making use of your full name and correct contact details.
You, the User, agree that you shall not attempt to impersonate any other person by making use of our Services.
You, the User, agree that PrivySeal may lay a criminal charge of fraud against you should you attempt to impersonate any other person by using our Services.
You, the User, agree that PrivySeal may assist any person that you prima facie attempt to impersonate to lay a criminal charge of fraud against you.
You agree that any attempt to impersonate another person constitutes prima facie fraud and you acknowledge that such person may suffer irreparable harm to their reputation should you attempt to impersonate them.
Likewise you acknowledge that any attempt to use our Services to impersonate another person or to otherwise commit fraud will result in damages to PrivySeal and you agree that, in such a case, PrivySeal may act against you to recover such damages.
Website use
www.privyseal.com has been implemented in a technical environment which is designed to provide high availability and to be reasonably fault tolerant. The target availability is 24 hours per day, 7 days per week other than during defined maintenance windows advised to you via the PrivySeal Website.
You acknowledge and agree that your use of www.privyseal.com on an 'as is, as available' basis only and may not always be available during the specified operating hours. PrivySeal makes no representation and gives no warranty that the eServices provided via www.privyseal.com will meet your requirements, be uninterrupted, timely or error-free. PrivySeal will attempt to inform you as soon as possible of any outage that might materially affect your normal use of www.privyseal.com. However, PrivySeal will not be liable for delay to transactions or disruption to your business or operations, or those of your organisation arising directly or indirectly from any such outage (whether or not the outage was notified to you by PrivySeal in a timely manner or at all).
It is in your best interests to ensure that you have adequate contingency plans to protect the integrity of your business operations and those of your organisation and to ensure you and your organisation can proceed despite any disruption or delay occurring in respect of www.privyseal.com.
PrivySeal may alter, suspend or decommission www.privyseal.com at any time without giving reasons. Where reasonably practicable, PrivySeal will attempt to give 30 days prior notice of any such action but may give a shorter period of notice as it deems appropriate in its absolute discretion.
You should promptly notify PrivySeal if you discover or suspect any error or malfunction in www.privyseal.com. In such an event, you agree to promptly provide to PrivySeal information and details regarding any error or malfunction of www.privyseal.com to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including where relevant any details of your operating environment or that of your organisation).
Access and password
When you register with PrivySeal you provide a username and password that can later be used to log on to our secure facilities. This username and password is linked to your account and consequently allows you to access www.privyseal.com.
We ask you to provide your mobile number and three sets of questions and answers called secret questions. These secret questions and your mobile number provide an additional method of verifying your identity in case you forget your password or need other assistance. A one-time password will be provided if your account needs to be reset or reactivated, and this can be provided via SMS if a mobile number is registered on your account.
Encryption together with your username and passwords ensures the confidentiality, integrity and authenticity of your electronic transactions. It is your responsibility to protect your password from disclosure to unauthorised individuals. Registered organisations should only allow authorised individuals access to the username, password, customer reference number and secret questions. Do not distribute or publish, in any form, this information to unauthorised individuals.
You agree to:
- be responsible for all activities that occur under your username and password;
- maintain the confidentiality of your password and secret questions;
- change your password on a regular basis;
- not save your password on the computer that you are using to access www.privyseal.com;
- change your password if it becomes known to unauthorised persons;
- cancel your registration if it is associated with a registered organisation and you leave that organisation;
- contact us if your username, password or secret questions have been lost, stolen or otherwise compromised; and
- log out at the end of each session.
Security
It is a condition of you using www.privyseal.com that you must not:
- tamper with other accounts, or commit unauthorised intrusion into any part of www.privyseal.com;
- attempt to bypass any security controls;
- use www.privyseal.com in a manner that encumbers disk space, processors or other system resources;
- make deliberate attempts to interfere with the functionality of www.privyseal.com, overload www.privyseal.com or attempt to disable a host;
- attempt to use www.privyseal.com without authorisation and
- transmit any file with malicious content
Monitoring
The effective management and security of our Services requires that usage is routinely monitored and analysed for evidence of misuse and attempted or actual security breaches. You consent to this monitoring being undertaken by PrivySeal in connection with your use of www.privyseal.com.
Termination of use
You may cancel your registration with www.privyseal.com at any time through the cancellation process available from your profile page on www.privyseal.com.
PrivySeal may immediately terminate your registration, access to and use of www.privyseal.com by notice to you, if it determines that you have breached any of these Terms.
PrivySeal may suspend your registration, access to and use of www.privyseal.com if PrivySeal considers it necessary to protect its interests or those of any other person while it investigates any technical or operational issue or breach of security or a possible breach of these Terms.
PrivySeal reserves the right to report any offence to the proper authorities, if necessary.
PrivySeal may also terminate your registration, use of or access to www.privyseal.com for its own reasons and without any fault on your part provided that in such circumstances PrivySeal will attempt to give you not less than 30 days prior written notice of such termination where it considers that this is appropriate in its absolute discretion.
Registering on www.privyseal.com
The User agrees to provide PrivySeal with their correct identification and contact details when they subscribe to PrivySeal or provide PrivySeal with any information about him or herself.
The User agrees not to mislead PrivySeal or other Users about their qualifications, skills, experience or any other matter.
The User agrees that their biographical information may be aggregated by PrivySeal in order to better understand who is making use of www.privyseal.com and the needs of those using www.privyseal.com.
PrivySeal’s Privacy Policy
PrivySeal shall only use Your Information to provide you with our Services.
PrivySeal shall not use or disclose Your Information to any third party other than as set out in these Terms and Conditions.
PrivySeal shall comply with the provision of all data privacy laws and shall take all reasonable steps to publish Your Information in a secure manner.
PrivySeal shall not disclose any other information, that is not part of Your Information, that you provide to us.
Limitation of Liability
www.privyseal.com and all content on www.privyseal.com, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. PrivySeal makes no warranty or representation as to the availability, accuracy or completeness of the Content. PrivySeal shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use our Services, the content or www.privyseal.com or any functionality thereof. Moreover, even if PrivySeal is held liable to pay you damages, you agree that you shall not hold PrivySeal liable in damages for an amount greater than the total amount that we charge you for our Service/s in any one calendar year.
Intellectual property rights
PrivySeal provides certain information at www.privyseal.com. Content currently displayed or anticipated to be displayed at www.privyseal.com is provided by PrivySeal, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to the nature of our Services, www.privyseal.com design, database structure, system architecture and computer programs ("the Content"). All such proprietary works, and the compilation and/or development of the proprietary works, are copyright to PrivySeal and are protected by international copyright law. All rights in and to the Content is reserved and retained by PrivySeal. Except as set out in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited license
PrivySeal grants to the User, subject to any express limitation of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only (“Licence”).
The Licence does not allow the User, agree not to reproduce, duplicate, copy, resell, or otherwise exploit the content or www.privyseal.com, or Our Services for any commercial purpose without PrivySeal’s express prior written consent.
The License does not allow the User to collect qualification or any other information displayed on www.privyseal.com, and does not allow any derivative use of www.privyseal.com or the content for the benefit of another person.
The User agrees that they shall not frame nor use framing technologies to enclose www.privyseal.com or the content nor any part thereof without PrivySeal’s express prior written consent.
PrivySeal does not offer products or services to minors. Consequently, if you are under the age of 18, you may not respond to or otherwise accept or act upon any offers contained in www.privyseal.com or subscribe to our Services.
PrivySeal reserves the right to refuse service, terminate accounts, remove or edit content, or the like in PrivySeal’s sole discretion.
Any unauthorised use by you, the User, terminates the License.
Governing law
You agree that the law of the country in which you signed up to PrivySeal shall be used when interpreting and giving effect to these Terms and Conditions. You agree that the IP address of our country specific server, on which you signed up for our Services, will be regarded as conclusive evidence in this regard of the country concerned.
Severability of provisions
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
© PrivySeal Proprietary Limited.
Last Updated: 05/05/2015
