Terms of Service

The Terms, Conditions and Privacy Policy (“Terms”) govern the use of the VerifyMy Platform. By checking the “I accept the Terms, Conditions & Privacy Policy” option and/or by utilising the VerifyMy Platform, you agree to be bound by the Terms as set out in this legal agreement.

In these Terms unless otherwise required or indicated by the context:

  1. “Subscription Fee” shall (where applicable) mean the amounts which shall be paid to VerifyMy by the Company on a monthly basis to be displayed on the VerifyMy Platform;
  2. “Company/ies” means the company/ies or business/es which have applied to and have been approved to be listed and displayed on the VerifyMy Platform and shall include all directors and members of such Companies;
  3. “Personal Information” means any information that may be used to identify a specific person or User or Company and such other information as set out in these Terms.
  4. “VerifyMy” shall mean VerifyMy (Pty) Ltd, a South African based private company with limited liability and registration number 2019/403140/07 with its main offices located at 140 Basden Street, Centurion, Gauteng, who is the lawful owner of VerifyMy Platform;
  5. “VerifyMy Platform” shall mean the VerifyMy Platform which allows for the listing, reviewing, accreditation and approval of Companies to be used by the Companies and Users;
  6. “System Data” shall mean usage, history, transactional and device-related data that is collected by VerifyMy ;
  7. “User/s” shall mean the individual natural persons which will use the VerifyMy Platform;
  8. “User Data” shall mean any data or content entered or captured by a User or Company;
VERIFYMY PLATFORM

The VerifyMy Platform has been designed and created to list and showcase approved and accredited Companies for reputation and credibility purposes and to allow Users to review Companies based on quality, reliability, previous experience and other criteria. VerifyMy does not act as an agent, partner or affiliate of any User or Company which makes use of the VerifyMy Platform or otherwise, but merely creates a platform for Companies to enhance their reputation and credibility and for Uses to review such Companies.

These Terms regulates the use of the VerifyMy Platform by the Companies and the Users.

Registration, Approval and Listing of Companies

Each Company will be required to first apply to register on the VerifyMy Platform by completing all the information in the “Apply” section on the VerifyMy Platform. VerifyMy may request additional information and/or documentation from the Company from time to time. VerifyMy will then assess the legitimacy and accuracy of the information and documentation provided, and upon approval, an account for the Company will be registered on the VerifyMy Platform. The Company must ensure that all information provided is accurate, complete, and current at all times. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your access to/listing on the VerifyMy Platform.

VerifyMy, before registering a profile for the Company on the VerifyMy Platform, will send an email to such Company confirming that the application as well as the necessary payment instructions have been accepted.

The natural person entering the details of the Company on the VerifyMy Platform warrants that is duly authorised to do so.

Payment by Companies

Companies that wish to feature and be listed on the VerifyMy Platform will be required to pay the Subscription Fees to VerifyMy monthly, and by way of debit order. The Subscription Fees payable shall be of such amount as displayed on the VerifyMy Platform from time to time.

In the event that payment is not made by the Company to VerifyMy on the dates elected on the relevant debit order form, for any reason whatsoever and the non-payment is not rectified by paying such fees within 7 (seven) days of receiving notice from VerifyMy regarding non-payment, VerifyMy shall, in addition to any and all rights awarded to it by common law, be entitled to remove the Company from the VerifyMy Platform with immediate effect.

Notwithstanding the immediately preceding clause, in the event that the Company wants to be re- listed on the VerifyMy Platform or not be removed from the VerifyMy Platform after failing to pay any amount due in terms of these Terms for longer than 7 (seven) days after it became due, the Company shall pay an amount equal to 200% (two hundred percent) of which was originally payable to VerifyMy in terms of these Terms, unless otherwise permitted by VerifyMy in writing.

From time to time, VerifyMy may offer additional services on the VerifyMy Platform to the Companies to increase its reputation and credibility which services shall be charged at the rates and fees communicated to the Companies from time to time. All payments referred to in this clause shall be made by way of Electronic Bank Transfer unless otherwise agreed.

Registration of Users

Every User will need to register and create a profile and account on the VerifyMy Platform with information that is accurate, complete, and current at all times which information needs to be completed on the “register as a reviewer” section. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of a User’s/Company’s access to the VerifyMy Platform.

The User is responsible for safeguarding the username and password that it has selected. The User shall notify VerifyMy immediately of any breach of security or unauthorised use of your account immediately upon becoming aware of such a breach or unauthorised use.

Reviews by Users

Users, after signing up to the VerifyMy Platform, will be entitled to leave reviews of the Companies displayed on the VerifyMy Platform. The following rules regarding reviews shall count at all times during the subsistence of the Users’ use of the VerifyMy Platform, notwithstanding any other terms and conditions set out in these Terms:

  • All reviews shall be done in a professional and ethical manner;
  • All reviews  shall  be  accurate  and  true  in  accordance  with  previous  experiences  and interactions had with the reviewed Company;
  • No advertising / marketing of any kind shall be allowed;
  • No reviews may contain links to third party websites or spam;
  • Reviews may not include any hate speech, foul language, blasphemous remarks, profanity, remarks and mentions of other non-listed Companies nor any personal information which is not already displayed on the VerifyMy Platform;
  • All reviews shall be typed in

Whether such rules have been conformed to by a User, shall be decided at the sole discretion of VerifyMy. with any breach thereof constituting a material breach of these Terms.

Links to other websites

The VerifyMy Platform will contain links to Company and third-party websites or services that are not owned or controlled by VerifyMy, which may from time to time include a third-party credit card payment service. VerifyMy does not have any control over, and assumes no responsibility for, the content, privacy policies, products, services, conduct, behaviour or practices of any Company or third party websites or services or payment platforms. All Users further acknowledge and agree that VerifyMy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services or platforms and you accordingly indemnify VerifyMy for any such damages and/or losses.

Termination of the service

VerifyMy may modify, suspend, or terminate a User’s or Company’s access to or use of VerifyMy at any time, and immediately, if the User or Company violates any law, term/s of this Agreement or creates harm, risk, or possible legal exposure for VerifyMy , its Users, listed Companies or any other third party.

VerifyMy may also immediately terminate a User or Company’s access to the VerifyMy Platform in the event of one of the following:

  • Any Subscription Fees or other due fees (if any) have not been paid by the Company and remains outstanding for a further 7 (seven) days after same became due and after the relevant party has been informed by VerifyMy of such due payment; or
  • The User or Company breaches a material term of these Terms and fails to remedy same after 5 (five) day’s written notice thereof by VerifyMy ;

The following provisions will survive any termination of your relationship with VerifyMy: “Confidentiality and non-solicitation”, “Indemnity and limitation of liability” and “Copyright and intellectual property”.

PRIVACY POLICY

VerifyMy is committed to protecting all Users’ and Companies’ privacy. This privacy policy explains how VerifyMy shall collect and use information as well as what the User’s, and company’s access rights to the information and/or data are.

Information that you provide

When a Company, registers on the VerifyMy Platform and through the ongoing use of the VerifyMy Platform, VerifyMy will collect information from the Company. Information that VerifyMy will collect includes but are not limited to one or more of the following fields:

  1. Personal details of all the directors/members of the Company such as name, surname and identity number;
  2. Contact details, such as email address and contact number;
  3. Company Registration Numbers;
  4. Company Tax Number(s);
  5. Company Address, including registered address and operating address;
  6. Company Profile and basic company information;
  7. All information submitted in the Application Form to VerifyMy;
  8. Any other reasonable information deemed necessary by VerifyMy for the Company and Users to properly use the VerifyMy

When a User registers on the VerifyMy Platform and through the ongoing use of the VerifyMy Platform, VerifyMy will collect information from the User. Information that VerifyMy will collect includes but are not limited to one or more of the following fields:

  1. Personal details of all the directors/members of the Company such as name, surname and identity number;
  2. Contact details, such as email address and contact number;
  3. Review History;
  4. Any other reasonable information deemed necessary by VerifyMy for the Company and Users to properly use the VerifyMy

The Users and the Companies acknowledges that it is their sole responsibility to ensure the correctness and legitimacy of all information submitted by them on the VerifyMy Platform and the Users and Companies agree that it shall notify Verifymy immediately on becoming aware of any information displayed on the VerifyMy Platform which needs to be updated and/or amended.

Security and protection of information

The User’s information and Company’s information and System Data are private and confidential and are treated as such. VerifyMy will take all reasonable steps to secure and protect such data during hosting and transmission to ensure that your information is handled in accordance with the Terms.

However, it is possible for Internet-based communications to be intercepted or servers to be hacked. VerifyMy will not be responsible for any damages the User, Company or any third party may suffer as a result of the hosting or transmission of confidential or disclosed information that a User or Company made available to VerifyMy through the Internet or VerifyMy Platform, or that the User expressly or implicitly authorises VerifyMy to make, or for any errors or any changes made to any transmitted information.

To ensure acquaintance with and awareness of the privacy measures and policies of VerifyMy, the Users and Companies are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

Using and sharing of information

VerifyMy may use and share the User and Company’s information and System Data that VerifyMy collects from the User and/or Company in accordance with these Terms and for the reasons and uses as detailed below:

  1. To provide the Users and Companies with a personalized and optimal VerifyMy experience;
  2. To provide the Users and Companies with the necessary customer support and assistance where required or requested;
  3. To contact them regarding their account or to update Users and Companies with respect to changes in prices, policies or the Terms;
  4. Any other reasonable reasons which are in line with the Terms and which are necessary to operate the VerifyMy Platform’s processes and transactions associated

VerifyMy retains the right to transfer the Users and Company’s information to a new owner if the ownership of all or substantially all of our business should change, in which case the terms of this Agreement will still apply until the Terms are updated or amended by the acquiring party upon notice to the Users and Companies.

VerifyMy may release account information or User Data when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of the user agreements or (c) protect VerifyMy Users/Companies or any other relevant third parties’ rights, property or safety.

All Companies agree that all and any reviews about the Company by registered Users may be posted on the VerifyMy Platform. In the event that the Company disputes a review posted against its name, it shall inform VerifyMy thereof and VerifyMy shall at its sole discretion elect whether to remove such review or not.

Data protection and use of information

The Users and the Companies, by using VerifyMy Platform expressly consents to the collecting and processing of their System Data and User Data by VerifyMy in order to register, administer, use and operate their profiles and accounts; provide any combination of services or analysis linked to VerifyMy or the VerifyMy Platform, monitor and analyse the conduct on the relevant profile and account for fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.

The Users and the Companies expressly consent that VerifyMy may process and further process their information and System Data for the following purposes; disclose their Personal Information to any person who provides services to VerifyMy or acts as VerifyMy’s agent as necessary to improve and extend the use and functionality of the VerifyMy Platform.

The Companies and the Users agree that they are providing VerifyMy with their Personal and Company Information voluntarily and freely. The Companies and Users also agree and acknowledge that they have acquainted themselves with the Protection of Personal Information Act, 2013 (“POPIA”) and will take all such measures in relation to the sharing and receiving of personal information to adhere to the terms and provisions of POPIA.

Whenever any User or Company is of the opinion that VerifyMy fails to comply with the Privacy Policy as set out herein, the User or Company will contact us    by sending an email to support@VerifyMy.co.za

INDEMNITY AND LIMITATION OF LIABILITY

Subject to the Privacy Policy, contained herein, VerifyMy and all content on the VerifyMy Platform, are provided on an “as is” basis, and may include inaccuracies or typographical errors and VerifyMy, our suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. We unfortunately make no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link or otherwise.

Neither VerifyMy nor any holding company, affiliate, agent or subsidiary of VerifyMy, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the VerifyMy Platform or any functionality, or of any linked website to the extent permissible by law.

Further and in addition to any other terms situated in these Terms, the Users and Companies indemnifies VerifyMy against any loss or damages (direct, indirect and consequential) that VerifyMy, the User and/or the Company may suffer because:

  1. The Company has not paid their monthly subscription fee or any other due fee payable to VerifyMy;
  2. The User and/or Company provided VerifyMy with incorrect instructions or incorrect information;
  3. An unauthorised third party carried out an instruction or made a payment without the specific User’s permission, on their behalf.
  4. A third party has produced false/inaccurate or vague information.
Amendments to the agreement

VerifyMy may change, modify, add to or remove portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted on the VerifyMy Platform. We will notify all users of the changes by posting a prominent notice on VerifyMy Platform. The User’s and Companies’ continued use of the VerifyMy Platform following the posting of changes or updates will be considered notice of the User’s and Company’s acceptance of the updated Terms including any changes or updates.

Complaints and disputes

Users and Companies can file complaints sending an email to support@VerifyMy.co.za

All disputes that may arise in terms of these Terms must first be attempted to be resolved amicably through an informal mediation process. In the event that the Parties cannot resolve the matter amicably thereafter and within 14 (fourteen) days, the relevant aggrieved Party may approach the courts.

These Terms will be regulated in accordance with the laws of the Republic of South Africa.

Disclaimers

The User’s and Company’s use of the VerifyMy Platform are dependent on factors beyond VerifyMy’s control, such as the User’s network coverage or network availability and / or their device’s proficiency and/or capacity. You agree that VerifyMy will in no way be held liable for any loss or damages that the User, and/or Company may suffer if a factor beyond VerifyMy ’s control arises and any User/Company cannot access or use the VerifyMy Platform.

VerifyMy nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s and/or Company’s use of VerifyMy Platform or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

Notwithstanding any other terms situated in these Terms, VerifyMy is not responsible for any loss or damage whether direct or indirect where:

  1. An unauthorised third party discovers and or utilises the User‘s or Company’s access to the VerifyMy Platform;
  2. Any technical interruption, malfunction, downtime or other failure that affects VerifyMy ’s banking system, payment processing, a third-party system or any part of any database for any reason;
  3. Any Personal Information or other data that is directly or indirectly lost or damaged or removed or disclosed because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of VerifyMy ;
  4. Any failure  or  problem  that  affects  services  provided  by any  other  party  for  example  any ISP, electricity supplier, local or other authority; or
  5. Any event that VerifyMy has no or very limited control
Breach of these Terms

Notwithstanding the remainder of the terms set out herein, VerifyMy may suspend or deactivate the User or Company from using the VerifyMy Platform if they are in breach of any clause as contained in these Terms and do not remedy the breach within 5 (five) days after VerifyMy requests them to do so.

Without derogating from any of the conditions of these Terms and/or any obligations imposed on the Users and/or Companies, and for clarity purposes, the following shall also be regarded as a breach of these Terms, which entitles VerifyMy to take such steps and enforce such remedies as set out herein:

  1. Any display  of  false  and/or  bad  and/or  misleading  businesses  practices  in  the  sole  opinion  of
  2. Any act of unwarranted and unsubstantiated defamation of another third party, User or Company on the Verifymy
  3. In the event that any criminal case and/or complaint is opened at the South African Police Service (SAPS) or other trusted law enforcement
  4. In the event that a Company is finally liquidated or placed under business rescue;
  5. In the event that a Company and/or User purposefully inserts misleading information about itself and/or another User and/or Company;
  6. Any occurrence or act of fraud;
  7. Any occurrence of any illegal activity by a User and/or Company according to the laws of the Republic of South

VerifyMy may still take other steps available to us including applying to a court for an urgent interdict, specific performance or damages against the User and/or Company depending on the severity of the breach.

Remedies available to VerifyMy also include any and all applicable common law remedies and immediately suspending and/or terminating the account and profile of a User and/or Company in breach of these Terms.

COPYRIGHT AND INTELLECTUAL PROPERTY

“Intellectual Property” shall mean with limitation, all inventions, specifications, patents, designs, processes, trademarks, service marks, trade names, business concepts, business ideas and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

Content displayed on the VerifyMy Platform which does not expressly belong to other Companies is provided by VerifyMy, our affiliates or subsidiaries, or any other third-party owners of the content. All the proprietary works, and the compilation of the proprietary works, belong to VerifyMy, or any third- party owners of the rights and the content is protected by South African and international copyright laws.

All the Intellectual Property Associated with VerifyMy and the VerifyMy Platform is solely owned by VerifyMy, our affiliates, shareholders and holding companies and are governed and protected by the South African and international copyright laws.

Except as specified in the terms, the User is not granted a license or any other right including Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content of any Intellectual Property.

Certain content available on the VerifyMy Platform may include content that belongs to third parties. We may provide links to third-party websites, as a convenience to the Users.

The Users and Companies agree that VerifyMy is not liable for any of the following:

  1. The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants or advertisers, agents or third party companies;
  2. Any content, services or products featured on third-party websites or social media pages that are accessed through the links found on the VerifyMy

Users may not copy, republish, distribute, share, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of, or create a derivative of works or, otherwise attempt to reproduce VerifyMy ’s contents, including any Intellectual Property there in, its design, processes, any updates to the VerifyMy Platform and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the VerifyMy Platform and/or any content featured on third-party websites which are accessed through links that are found on the VerifyMy Platform.

Users and Companies further acknowledge that:

  1. They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to VerifyMy and/or any third parties featured on VerifyMy;
  2. They will not use VerifyMy ’s and/or any third party that is featured on the VerifyMy Platform present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in South Africa or any other country;
  3. They will not do, or omit to do, or cause to be done, any act or thing which could be expected to weaken, damage, be detrimental to or in any way impair or tend to impair VerifyMy ’s goodwill; and
  4. They will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to VerifyMy ’s present and/or future Intellectual Property in any

The Users and/or Companies indemnifies VerifyMy against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party or User and/or Company claim initiated and/or instituted against VerifyMy relating to the User‘s, or Company’s unauthorized or irregular use of the VerifyMy Platform, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.

Any breach of the terms under this clause entitles VerifyMy , in addition to their normal common law remedies, to take legal action without prior notice to the User and/or Company and the relevant User, and/or Company agrees to reimburse the costs associated with such legal action to VerifyMy on an attorney and own client scale.

Choice of law

We are controlled, operated and administered from our offices within the Republic of South Africa.

These Terms will be governed by the laws of the Republic of South Africa, and the Users, and Companies consent to the non-exclusive jurisdiction of the North Gauteng High Court in the event of any dispute.

If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

GENERAL

This Agreement and the application form signed by the Companies contains all the provisions agreed on by the Parties with regard to the use of the content and the VerifyMy Platform and the Users and Companies waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User/Companies shall be effective unless reduced to writing and signed by or on behalf of the Parties.

The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.

Notices

VerifyMy will send any legal documents or notices to you to the email address registered on your profile or through VerifyMy ’s message system. We will regard a communication sent by email to the provided email as having been received by the User one day after it was sent. Any legal document of notice to be served in legal proceedings must be written on paper and be served according to the laws of South Africa.

Contact information

If you have any questions about VerifyMy or the VerifyMy Platform you can contact by email us at Info@VerifyMy.co.za.