bronID, a product of Brontech Pty Ltd ("bronID", "we", "our", or "us") provides a platform for digital identity management through our website located at https://bron.tech/bronID/ (the "Site") and the bronID mobile application (the "App"). The mobile application includes text, images, audio, code and other materials or third party applications accessible through the bronID application (collectively, with the Site and the App, the "Content"). The Site, the mobile app, and any other features, tools, materials, or other services offered from time to time by bronID are referred to here as the "Services".
1 Acceptance of Terms
2 Modification of Terms
bronID reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by You after any modification to the Terms constitutes Your acceptance of the Terms as modified.
You hereby represent and warrant that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. By accessing the Content or Services, You represent and warrant that You are of the legal age of majority in Your jurisdiction or of the age required to access such Services and Content. You further represent that You are otherwise legally permitted to use the Services in Your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way. You further represent You are responsible for ensuring compliance with the laws of Your jurisdiction and acknowledge that bronID is not liable for Your compliance with such laws.
4 Using the bronID App
By registering a Digital Identity Profile using the App, details of Your verified identity will be stored for Your future use. When You use the bronID Services to verify Your identity again, information stored in Your Digital Identity Profile can be used to streamline the process, although You may be prompted to provide information from additional ID Documents if required, for example, depending on the Organisation's requirements for a particular transaction.
5 The bronID Services
The bronID Services are a secure identification product to help You verify Your identity with participating Organisations that You deal with. You can currently use the bronID Services by using the App, which requires You to register a Digital Identity Profile so that You can use the bronID Services to verify Your identity again to other participating Organisations or for other transactions in the future.
To use the bronID Services, You may be required to have eligible ID Documents verifying Your identity. When You provide information about eligible ID Documents to us via the bronID Services, we may use an ID Verifier to check the details against the records held by the issuing authority and confirm whether the details match.
The number and type of ID Documents You need to provide may vary depending on the requirements of the relevant Organisation for the particular purpose requiring verification of Your identity. The bronID Services will prompt You to provide the ID Documents required in each case.
You must follow the instructions and directions given by us, including those provided via the email, SMS and the App, in order to use the bronID Service. Your use of the bronID Services will be limited and/or restricted if You do not comply with such instructions.
6 Creating a bronID digital identity Digital Identity Profile
By using the bronID app, You acknowledge, accept and consent to the creation of a digital identity for You. Your digital identity will be connected to a blockchain address or addresses, a string that serves as an "identifier." Because bronID is an identity platform on the blockchain, the digital identities can be linked to a blockchain as transactions. As a user of bronID, You acknowledge that because transactions on a blockchain are immutable, the record of Your bronID on-chain transactions are also immutable and cannot be deleted from a blockchain.
To create Your Digital Identity Profile You must:
a. register a Digital Identity Profile in order to use the App. The first time You do this, You will be guided through the process to register a Digital Identity Profile for Your use of the bronID Service.
b. Each Digital Identity Profile is unique to an individual and can be used with the bronID Services to verify the identity of one individual only. For Your own security, it is recommended that You should not allow any other person to access a Digital Identity Profile that You have registered.
c. The App or your personal cloud (e.g. Dropbox, Google Drive or one set up by us) will store some data on Your Device to secure Your Digital Identity Profile, and this may be backed up by the operating system on Your Device. It may be possible to restore Your Digital Identity Profile to a Device using the backup of the App's data or the data stored in your personal cloud, subject to technical limitations, and we cannot guarantee that recovery will be successful in any given case.
d. Your Digital Identity Profile may not be recoverable, for example, if Your Device becomes lost or damaged and the data from the App was not backed up, or cannot be successfully restored, or if You do not enter the correct PIN. If Your Digital Identity Profile cannot be recovered for any reason, You will need to create a new Digital Identity Profile and follow the steps to verify Your identity again.
e. You will be given the option to capture a photo within the App to be associated with Your Profile (Profile Image). We will only use Your Profile Image in accordance with these Terms and will not disclose it to third parties without Your consent. In order for us to be able to use the Profile Image:
i. You grant us a perpetual, irrevocable, licence-fee free, royalty-free, worldwide, non-exclusive, sub-licensable right to use the Profile Image and any Intellectual Property in the Profile Image, in accordance with these Terms;
ii.You consent to the use of the Profile Image by us or our licensees and assignees, in accordance with these Terms, which would infringe Your moral rights but for this consent.
iii.You represent and warrant that You are the sole creator of the Profile Image and owner of Intellectual Property in the Profile Image, and that its use by us or our licensees and assignees in accordance with these Terms will not infringe the rights (including Intellectual Property rights) of any third party; and
iv.You represent and warrant that the Profile Image is not unlawful,harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable.
v.You acknowledge and agree that we may remove Profile Image without notice at any time.
7 User Conduct
You agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
a. Provide false or misleading information to bronID;
b. Use or attempt to use another user's account without authorization from such user and bronID;
c. Use the bronID Services to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as Personal Information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
e. Develop, utilize, or disseminate any software, or interact with our API and Services in any manner, that could damage, harm, or impair the Services;
f. Reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Services;
g. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
h. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of pages or functionality of the Service;
i. Use data collected from the Services to contract individuals, companies, or other persons or entities;
j. Use data collected from the Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
the Services for any illegal or unauthorized purpose, or engage in, encourage
or promote any activity that violates these Terms.
8 Third Party Services
The bronID App and Services may use a variety of security measures to protect Your Digital Identity Profile and the information provide, including access codes, multi-factor authentication, biometric logins etc.
a. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the bronID Services. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information.
b. You must regularly update the operating system of your device with any software or security updates.
c. You must ensure Your security credentials remain secure. You must not share Your security credentials (such as an access code) with any other person, or allow any other person to impersonate You.
d. Whilst we may implement multi-factor authentication, it does not guarantee against unauthorised use of Your Digital Identity Profile. You are solely responsible for any use of the bronID using Your security credentials, whether or not such use has been authorised by You.
e. You must take Your own precautions to ensure that the process You employ for accessing the bronID Services do not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the bronID Services.
f. You must notify us immediately if: You no longer have access to the telephone number linked to Your Digital Identity Profile (eg if Your telephone number changes); or You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your Digital Identity Profile or any other breach of security.
g. You acknowledge that a failure to comply with these requirements may affect Your use of the bronID Services and may compromise the security and integrity of Your Digital Identity Profile.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless bronID, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "bronID Parties"), from and against all actual or alleged bronID Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify bronID of any third party Claims and cooperate with the bronID Parties in defending such Claims. You further agree that the bronID Parties shall have control of the defence or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and bronID.
11 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRONID OR ANY OF THE OTHER BRONID PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BRONID, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRONID'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BRONID ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES AND CONTENT EXCEED THE AMOUNTS YOU PAID TO BRONID IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR, IF YOU HAVE NOT PAID, $100.
BRONID IS NOT AFFILIATED WITH ANY OTHER BRONID USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER BRONID USER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BRONID PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AND BRONID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT. BRONID DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICES MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. NO INFORMATION TRAVELING OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. WHILE BRONID ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, BRONID CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES FROM ANY DOWNLOAD. BRONID CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON ANY OF THE CONTENT IS AT YOUR SOLE RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
BRONID MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO ANY THIRD PARTY PRODUCTS. IN NO EVENT WILL BRONID BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY SERVICES OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SERVICE THAT GIVES RISE TO ANY CLAIM.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
13 Licenses and Access
Subject to your compliance with these Terms and your payment of any applicable fees, bronID grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service or any derivative use of the Service. All rights not expressly granted to you in these Terms are reserved and retained by bronID or its licensors. The bronID Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of bronID. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of bronID without express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by bronID terminate if you do not comply with these Terms.
14 Payment Obligations
A subscription may be necessary for you to access certain parts of a Service. By agreeing to these Terms, you accept the responsibility to cover these subscription costs as indicated during your enrolment with bronID or based on future requests made through the Services. Payment must be made by you or on behalf of you via a valid credit or debit card. By providing payment information to bronID, you represent that you are authorized to make transactions using that payment method, and you authorize bronID to make necessary charges against that payment method; automatic, recurring, or individual as part of providing the Services. You may cancel payment by downgrading or stopping services through your member settings. You further acknowledge that you are responsible for any applicable state, federal, or other taxes as well as any fees associated with your subscription to the Services unless otherwise noted.
15 Modifications to the Services
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without liability therefor.
bronID may, in its sole discretion, terminate or suspend all or part of the Service and your bronID access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.
17 Governing Law
These Terms, your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of New South Wales, Australia, without regard to conflict of law rules or principles (whether of New South Wales or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, such action will be subject to the exclusive jurisdiction of the state or federal courts of New South Wales and Australia.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; TERMINATION.
Users with questions, complaints or claims with respect to the Service may contact us at [email protected].
These Terms constitute the entire agreement between you and bronID relating to your access to and use of the the Services and Content. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of bronID and any attempt to do so will be null and void. However, bronID may assign or transfer these Terms at any time without your permission. bronID's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein will be deemed to create an employer-employee relationship between bronID and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other. The provisions of these Terms relating to the rights of bronID content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.