Veriagent Member Agreement and Terms and Conditions

Introduction

Veriagent.com is an e-property STRAIGHT THROUGH PROCESSING transactions system aiming to eliminate cumbersome paper based functions and speed up property transactions.

Veriagent.com is a Johannesburg based company specialising in the design and development of payment solutions.

 

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of order number.

 

Return and Refunds policy

The provision of goods and services by Veriagent.com is subject to availability. In cases of unavailability, Veriagent.com will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% administration fee.

 

Customer privacy policy

Veriagent.com shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

 

Payment options accepted

Payment may be made via Visa and MasterCard credit cards or by bank transfer into the Veriagent.com bank account, the details of which will be provided at the checkout. Credit card acquiring and security Credit card transactions will be acquired for Veriagent.com via PayGate (Pty) Ltd who are the approved payment gateway for Nedbank South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

 

Customer details separate from card details

Customer details will be stored by Veriagent.com separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

 

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

 

Responsibility

Veriagent.com takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods Country of domicile This website is governed by the laws of South Africa and Veriagent.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, EMEA Financial Services (Pty) Ltd., Rivonia, Gauteng South Africa.

 

Variation

Veriagent.com may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Company information

This website is run by EMEA Financial Services (Pty) Ltd. based in South Africa trading as Veriagent.com and with registration number 2000/008470/07.

 

Veriagent.com contact details

Support: support@veriagent.com

 Support: +27 83 490 0217

Physical address: EMEA Financial Services (Pty) Ltd., Rivonia.

 

Legal Agreement:

 

  1. This Veriagent Member Agreement (the "Agreement") constitutes a legally binding agreement between EMEA Financial Services(Pty) Ltd., a Johannesburg based company ("EMEA") and VERIAGENT a Division of EMEA Financial Services (Pty) Ltd and you ("You" or "Your"). BY TICKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH VERIAGENT, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AS LONG AS YOU USE THE VERIAGENT SERVICES.

Subject to the terms and conditions of this Agreement, Veriagent hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use Veriagent’s proprietary online platform, including without limitation the website made available at www.veriagent.com, and any servers, computers or networks used to provide such website (the "Veriagent Services") for the following limited purposes, if and as applicable, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH VERIAGENT MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE. In the event you transfer your account or ownership of any product, any purchasers or assignees are bound by the terms of this Agreement.

In addition to any other rights or remedies afforded Veriagent under or otherwise in connection with this Contract, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:

    • Vendor and Products Requirements Policy
    • Digital Millennium Copyright Act (“DMCA”) and Trademark Policy
    • Return and Cancellation Policy
    • Accounting Policy
    • Privacy Policy
    • Security Policy
    • Network Abuse Policy
    • Legal Notice
  1. PROMOTING PRODUCTS. If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the Veriagent Services, either by You or by another Veriagent client (each a "Product"), whether via the Veriagent Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that:
    1. You will not suggest or imply any warranty or other policy with respect to any Products other than Veriagent’s Return and Cancellation policy without the prior written consent of Veriagent, which Veriagent may withhold in its sole discretion for any reason.
    2. You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right ("IP Rights").
    3. You will not interfere with Veriagents tracking of Commissions, or with the normal flow of traffic to, through, or from the Veriagent Services.
    4. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country's laws, regulations, policies and guidelines governing advertising, disclosure and consumer protection.
    5. You will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage the purchase of a Product.
    6. Veriagent reserves the right, but not the obligation, to review your Promotions. You agree that Veriagent, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions.
    7. You will provide valid contact information, including but not limited to a working email address and phone number, where Veriagent can send inquiries and receive a non-automated reply by end of the following business day.
  2. SELLING PRODUCTS. If You register any Products for sale via the Veriagent Services, You agree, acknowledge, represent and warrant that:
  1. All Products You register for sale via the Veriagent Services, and the offering and sale thereof via the Veriagent Services, comply with all of Your country's laws and regulations.
    1. The Product does not involve the downloading of software on a Purchaser's computer unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and obtain express consent prior to any such downloads namely referring to all search data and FICA documentation as required by the FICA Act.
    2. Without further conditions or limitations, You authorize Veriagent to list any Product You register for sale via the Veriagent Services in the online, searchable marketplace of Products made available via the Veriagent Services (the "Veriagent Marketplace"); and make it available for sale to Purchasers and/or for Affiliates to Promote at the price designated by Veriagent ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
    3. Veriagent may delist any Product from the Veriagent Marketplace and/or the Veriagent Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
    4. You will provide valid email addresses to which Purchasers or Veriagent can send inquiries and receive a reply by end of the following business day. Purchasers and Veriagent must also be able to receive a non-automated response within one business day, when necessary.
    5. You will advise Veriagent of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or relation to such Product You receive from any person, company or entity who purchased such Product or received a Promotion in connection with such Product within two business days of Your receipt of such complaint. You shall assist Veriagent, at Your sole cost and expense, in taking any steps and actions, as necessary and appropriate, or as reasonably requested by Veriagent to respond to and/or resolve such complaints.
  1. SENDING EMAILS. If You send, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the Veriagent Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in full-compliance with all applicable laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") and the Children's Online Privacy Protection Act of 2000 ("COPPA"). (Information on these laws can be found at www.ftc.gov/spam/ and http://www.ftc.gov/coppa/). Without limiting the generality of the foregoing, You shall not directly or indirectly:
    1. Send, initiate or procure the sending of an Email to any Person who has either not explicitly requested to receive such messages specifically from You, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
    2. Send, initiate or procure the sending of an Email to any Person who has explicitly requested to receive no further Emails from You or Your company.
    3. Employ any false or deceptive information regarding Your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity, and the intent, subject, and origin of the Email.
    4. Employ any incomplete, invalid, deceptive, fake, or forged message headers.
    5. Use any mousetraps or windows that reappear, spawn new windows or otherwise resist being closed.
    6. Exploit documented or undocumented security holes on any client or server machine.
    7. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from You ("Opt Out Request") for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt of such Opt-out request by You.
    8. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
    9. Send any Email from, or make such Email appear to have been sent from, any address that was obtained via the use of scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
    10. Send or relay any Email from any protected computer or network accessed without authorization.
    11. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.
    12. Send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 18 years of age.

 

 

  1. SUSPENSION; TERMINATION. You agree and acknowledge that:
    1. Veriagent, in its sole discretion, may suspend Your account(s) or hold any or all funds in Your Veriagent account if Veriagent suspects or has reason to believe and/or if a Person otherwise claims that You have been involved with any of the following:
      1. Illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities or any other activity which violates any federal, state, local or foreign constitution, treaty, law, statute, ordinance, rule, code, regulation, interpretation, directive, policy, order, writ, decree, injunction, judgment, opinion, ruling, decision, permit, license, registration and other operating authorizations, or any other requirement of, any federal, state, local or foreign government, legislature, governmental or administrative agency or commission, any self-regulatory association or authority, any court or other tribunal of competent jurisdiction, or any other municipality, governmental authority or instrumentality or quasi-governmental entity or authority, whether currently in effect or hereafter enacted or amended ("Law");
      2. Violation or infringement of any Person's rights, including without limitation, any IP Rights;
      3. Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection and commercial activities;
      4. A breach of any term of this Agreement, including, without limitation, any representation, warranty or covenant made by You in this Agreement; and
      5. Otherwise violating Veriagent’s rules or policies or interfering with Veriagent’s business, including Veriagent’s Vendor and Products Requirements Policy.
    2. Following the suspension of an account or holding of funds per this Section 5, Veriagent will review Your account. You acknowledge that this review will be conducted in a manner decided by Veriagent at its sole discretion. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that Veriagent may seize and/or retain funds in Your Veriagent account as liquidated damages and/or for the benefit of third parties affected by the misconduct. You acknowledge and agree that the such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to Veriagent.
    3. You understand that Veriagent may also temporarily hold any portion of the funds in Your Veriagent account if Veriagent, in its sole discretion, determines such action is needed to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may incur with Veriagent or any other Person.
    4. You agree and understand that Veriagent’s right to take any of the actions set forth in this Section 5 does not constitute a right or obligation to take them for the benefit of any third parties, including You.
    5. You agree and acknowledge that Veriagent may also pursue other remedies as allowed by Law.
    6. In addition to the foregoing, and in addition to all other rights and remedies available to Veriagent at Law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, upon notice to You (which may be sent by email), Veriagent will have the right to immediately terminate this Agreement and Your rights to access, use and/or otherwise participate in the Veriagent Services. Upon such termination, You agree to immediately cease all use of the Veriagent Services. Without limiting the foregoing, Veriagent shall have the right to immediately terminate Your access and use of the Veriagent Services, or any portion thereof, in the event of any conduct which Veriagent, in its sole discretion, considers to be unacceptable. The provisions of this Section, in addition to any provisions, which by their nature, are intended to survive, shall survive the termination of this Agreement.

 

  1. VERIAGENT’S IP RIGHTS.
    1. You shall not use Veriagent’s name, trademarks, service marks or any other IP Right of Veriagent in any manner whatsoever to suggest association or affiliation with or endorsement by Veriagent without the express prior written consent of Veriagent, which Veriagent may withhold at its sole discretion. Promotional use of images of Veriagent without the express, written consent of Veriagent is prohibited.
    2. Subject to the following terms and conditions, Veriagent grants You a limited, revocable license to use Veriagent’s name: (i)display boards, marketing material, as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text, or (iii) as a sub domain or second or third level domain name identifier:
      1. Veriagent may revoke the foregoing license and/or provide restrictions upon Your use of Veriagent’s name, including requiring the use of such disclaimers as Veriagent may provide, in connection with Your use of Veriagent’s name, at anytime and for any reason in Veriagent’s sole discretion.
      2. Failure to comply with any restrictions imposed by Veriagent upon Your use of Veriagent’s name or failure by You to immediately cease all use of Veriagent’s name if so instructed by Veriagent shall constitute (1) a breach of the limited license set forth in this Section 6(b); and (2) a breach of this Agreement. In such case, Veriagent reserves the right to pursue any and all remedies available to it at Law or in equity.
    1. Notwithstanding the limited revocable license set forth in Section 6(b) above, as between the parties, Veriagent shall be and remain the sole owner of all right, title and interest in and to the Veriagent Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Veriagent, and You hereby assign to Veriagent all right, title and interest You may be deemed to have therein. Subject to the limited rights expressly granted in this Agreement, Veriagent reserves all right, title and interest in and to the Veriagent Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Veriagent. All rights not specifically granted to You under this Agreement are expressly reserved by Veriagent.
  1. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
    1. In connection with this Agreement, Veriagent may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Veriagent (collectively, "Confidential Information"), including, but not limited to (a) the identities of other Vendors or Affiliates of Veriagent (collectively, "Veriagent Clients"); (b) physical and data security information; (c) technical data; (d) Veriagent Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of Veriagent. You shall not use any Confidential Information for the purpose of soliciting, or to permit any others to solicit, Veriagent Clients to subscribe to any other services or promote the sale of any product which competes, either directly or indirectly, with Veriagent or the Veriagent Services, including without limitation the functionality offered by the Veriagent Marketplace. You agree and acknowledge that Veriagent may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with Veriagent.
    2. Veriagent does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the Veriagent (Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to Veriagent, or otherwise in connection with the Veriagent Services (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and Veriagent shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed and delivered by You and a duly authorized officer of Veriagent. You hereby grant to Veriagent and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. Veriagent shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license or mandate to Veriagent with respect to Your Submissions; (b) Your Submissions and any use thereof by Veriagent will not infringe or violate the rights of any Person (including any IP Rights); and (c) Your Submissions will not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that Veriagent is under no obligation to respond to or use any Submission You may provide.

 

  1. EXPORT CONTROL. You acknowledge and agree to comply with all applicable Laws, and regulations in the event of off-shore transactions. You hereby represent and warrant that any Product/sale promoted, offered and/or provided by You via the Veriagent Services is approved and allowed for sale from South Africa.. For Your convenience, information on South Africa’s NCR and FICA Act should be studied as well as the U.S. export control regulations can be found at the web pages for the Commerce Department (http://www.bis.doc.gov), the State Department (http://www.pmddtc.state.gov) and the U.S. Treasury Department ( http://www.treas.gov/offices/enforcement/ofac/index.shtml) requirements in terms of money laundering and anti-terrorist activities.

 

  1. REQUIRED PERMITS. You assume sole responsibility for obtaining and maintaining all relevant and necessary licenses and permits associated with the legal operation of Your business.

 

  1. REPRESENTATIONS AND WARRANTIES. You represent, acknowledge and warrant that:
    1. You, Your Products and/or Your Promotions, as applicable, do not and will not, directly or indirectly: (i) invade the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; or (iv) violate any Law.
    2. You shall not: (i) frame, copy or mirror any content forming part of the Veriagent Services; (ii) reverse engineer of the Veriagent Services or otherwise attempt to derive its source materials; (iii) access the Veriagent Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the Veriagent Services; (iv) interfere with or disrupt the Veriagent Services or any data contained therein; (v) attempt to gain unauthorized access to the Veriagent Services, its related systems or networks; or (vi) use the Veriagent Services for any unlawful purpose or in violation of the rights of any Person.

 

  1. INDEMNIFICATION. To the fullest extent permitted by Law, You agree that
    1. In the event that a Party commences any action or files any claim whatsoever ("Claim") in connection with Your use of the Veriagent Services, Product or Promotion, You shall defend, indemnify and hold harmless Veriagent, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "Veriagent Parties"), from and against any and all damages, liabilities, claims or costs (including, without limitation, the costs of investigation and defense and reasonable attorneys' fees and litigation and court costs) ("Losses") incurred by any Veriagent Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
    2. Upon receiving notice of any Claim for which Veriagent is entitled to indemnification by You, Veriagent shall provide You with written notification and opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose an unindemnified monetary obligation on and/or admission or finding of liability or wrongdoing by Veriagent will require Veriagent’s prior express written consent; and (ii) failure to provide timely notice, control, or assistance shall not relieve You of Your obligations; and (iii) Veriagent may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Veriagent’s own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to Veriagent’s use of such counsel.
    3. In the event that Veriagent incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or relation to Your Products or Promotions, including complaints under the DMCA, Veriagent reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by Veriagent up to a maximum of R20,000.00 per event. You authorize, and release Veriagent from any liability in connection with, such deductions.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY VERIAGENT PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE VERIAGENT SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE VERIAGENT SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VERIAGENT SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE VERIAGENT SERVICES, WHETHER OR NOT VERIAGENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF VERIAGENT FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY VERIAGENT TO YOU UNDER THIS AGREEMENT CALCULATED AS THE TOTAL OF 6 MONTHS OF ANNUAL MAINTENANCE FEE FOR THE MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE VERIAGENT SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE VERIAGENT SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF VERIAGENT SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

 

  1. GENERAL TERMS AND CONDITIONS.
    1. Governing Law; Dispute Resolution. You agree that the South African law will govern this Agreement., and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively to the High Court of South Africa. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
    2. Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You agree that any content stored on Veriagent’s servers in relation to any Products registered by You via the Veriagent’s Services is solely at Your direction and nothing contained in this Agreement nor in Your use of the Veriagent Services, shall be construed as shifting responsibility for such publication to Veriagent. You are not authorized to make any promise, warranty or representation on behalf of Veriagent or obligate or attempt to obligate Veriagent in any manner whatsoever. You shall not represent to any person that You are the agent of Veriagent, nor fail to correct any misunderstanding as to such status unless in possession of an agreement allowing to act as an Agent,Reseller or Veriagent accredited Business owner.
    3. Assignment. Veriagent may freely assign or transfer any or all of the rights and obligations described under this Agreement without Your consent and without notice to You. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of Veriagent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    4. Severability. If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
    5. Publicity. You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using Veriagent’s name or referencing the Veriagent’s Services; or (iii) suggesting or implying any endorsement by Veriagent of You and/or any Products without the prior written approval of Veriagent, which Veriagent may withhold at its sole discretion.
    6. Entire Agreement; Amendment. This Agreement together with the terms and condition as set out for the data search section constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. Veriagent reserves the right to amend this Agreement at any time. When Veriagent amends this Agreement, Veriagent shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at www.veriagent.com that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the Veriagent Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to periodically review www.veriagent.com to inform Yourself of any such changes.
    7. Waiver. The waiver or failure by Veriagent to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Veriagent set-forth in this Agreement are cumulative and are in addition to any rights or remedies Veriagent may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
    8. Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Veriagent which would not be adequately and fully compensated by money damages and that Veriagent may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the High Court of South Africa or any other court of competent jurisdiction anywhere in the world (at Veriagent’s sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
    9. Force Majeure. Veriagent shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, Veriagent.
    10. Notices. Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from Veriagent if sent via email, as date stamped by Veriagent’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
    11. Headings/Interpretation. The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.

DISCLAIMER. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE VERIAGENT SERVICES. THE VERIAGENT SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND VERIAGENT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

Veriagent Privacy Policy

Veriagent is committed to maintaining the privacy of personal information that you provide to us when using any of our online services. This Privacy Policy describes how we treat the information we receive when you transmit data to any machine owned by Veriagent.

Web Form Information

When you submit information to Veriagent to make a payment or register an account, we may collect personally identifiable information from you that may include your name, address, email address, and credit card number. We do not knowingly collect personal information from persons under the age of eighteen.

Web Site Usage Information

We automatically collect IP addresses and Web site usage information from you when you access any of our online services. This information helps us evaluate how our visitors and subscribers use and navigate our Web sites on an aggregate basis, including but not limited to, the number and frequency of visitors and subscribers to each web page and the length of their visits.

How We Use Information Collected

We may use information in the following ways:

Except as specifically set forth in this Privacy Policy, we will not share your personally identifiable information with any entity outside of Veriagent.

We may disclose and use personally identifiable information in special circumstances where it is necessary to enforce our service agreements or terms of use (for example to protect our intellectual property rights). We may also disclose or use your personal information when we, in good faith, believe that the law may require us to do so.

Cookies

We define a cookie as any string of data that is automatically stored on your computer upon access to our online services. Veriagent employs cookies to assign temporary identification numbers to machines that access our web servers. This information enables us to deliver faster service to our subscribers, prevent denial of service attacks on our systems, detect and prevent fraudulent transactions, and assist with awarding proper sales credit to our partners. All Veriagent cookies are 1) of limited duration, 2) less than 5KB in length, 3) only visible to Veriagent web servers, and 4) devoid of any personally identifiable information.

Security

The personally identifiable information we collect about you is stored in limited access servers. We maintain safeguards to protect the security of these servers and your personally identifiable information. We retain personally identifiable information only as long as necessary to complete a purchase, thwart fraud, provide customer service, or maintain your account with us.

Policy Modifications

We may change this Privacy Policy from time to time. We will post any changes here, so be sure to check back periodically.

Comments and Questions

If you have any questions, comments or concerns about our Privacy Policy, you may contact us by using the Contact Us link on this website.

 

Veriagent Security Policy

Veriagent is committed to maintaining high security standards to protect the data of all parties who interact with our information systems. No data transmission across the Internet or information storage technology can be guaranteed to be 100% secure. Veriagent takes several measures to minimize any risk and to protect your data and your business. Currently 128 bit ssl encryption is utilised and all documentation uploaded is fully encrypted.

Encryption

Veriagent employs encryption technologies using Secure Sockets Layer (SSL) from trusted vendors like Verisign and Thawte to encrypt sensitive data between and among you and our systems. Veriagent also uses strong proprietary encryption methodologies to store and maintain particularly sensitive personal or financial information.

Authentication

Veriagent recognizes how important our security best practices are to your business. Unlike many other websites, Veriagent chooses your password and assigns it to you. Thanks to our encryption methodologies, your Veriagent password cannot be viewed or discovered, even by our own staff. Other web sites may permit you to choose a password but may require special characters, formats, or numbers. Veriagent’s password policy ensures that your password is strong and unique. Unlike other website passwords you may use, your Veriagent’s password cannot be discovered from your personal data or activity on other web sites. While this authentication practice may at times seem cumbersome, it is in place to protect you, your data, and your business.

Infrastructure Technology

Veriagent chooses technologies, vendors, and partners that exhibit good security practices. Defense strategies are employed with inclusion-based rules and only permit known and acceptable activities from expected or trusted entities. Veriagent maintains reasonable physical, electronic, and procedural safeguards that comply with pertinent statutes to protect your sensitive information.

Aggressive Fraud Analysis

Veriagent automatically collects and interrogates the activities of all IP addresses that interact with Veriagent systems. Suspicious or fraudulent behaviour is dealt with immediately and directly using proprietary systems and procedures. In addition, clients must first register for their account before any functionality performed/published to the Marketplace and sold. These practices help us to maintain higher satisfaction rates and lower costs.

Comments and Questions

 

If you have any questions, comments or concerns about our Security Procedures, you may submit your inquiry by using the Contact Us link on this website.

 

Veriagent Network Abuse Policy

Veriagent is an Internet ASP Portal that lists/sells properties and perform digital capturing of data and digital uploads of documents to customers..

All Veriagent clients are prohibited from using our services in conjunction with any form of network abuse, spamming, spyware, denial of service, or other illegal activity. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Clients may only send email to recipients who have joined mailing lists directly from their own website.

Please report any abuse of Veriagent resources promptly so that we can take corrective action against any offending accounts.

 

 

 

 

VERIAGENT DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") AND TRADEMARK POLICY

DMCA POLICY

It is Veriagent’s policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 ("DMCA"). Accordingly, if any Product, or Promotion (collectively the "Client Material") violates a valid copyright, Veriagent may remove or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called a "Takedown Notice").

Submitting a Takedown Notice:

Per the DMCA, if You believe that a valid copyright in which You have ownership rights is being infringed, Veriagent is authorized to remove or disable access to Client Material only if You provide a Takedown Notice to Veriagent's designated Copyright Agent which includes all of the following:

  1. The words "DMCA COMPLAINT - TAKEDOWN NOTICE" at the top of Your communication;
  2. A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) You claim has/have been infringed;
  3. Identification of the specific Client Material that You believe infringes upon Your rights and sufficient information to enable Veriagent to locate the specific Client Material. The DMCA only authorizes Veriagent to remove or disable access to specific infringing Client Materials. We are not authorized to generally disable access to non-infringing Client Materials;
  4. The following statements or equivalent:
    1. "I swear, under penalty of perjury, that

(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

  1. Your company name (if any), Your legal name (printed), Your mailing address, and Your phone number, and, if available, an electronic email address; and
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

To file a DMCA complaint with Veriagent, You must send a hardcopy communication via certified-mail to Veriagent’s designated representative ("Copyright Agent") at the following address or email address:

Veriagent Legal Dept.
P O Box 724 Rivonia
2128 South Africa

Email: support@veriagent.com

Note: the submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject You to potential liabilities. Prior to filing a Takedown Notice You may wish to first consult with an attorney.

Upon Veriagent’s receipt of a valid, complete Takedown Notice, Veriagent shall (i) remove or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the Vendor or Affiliate providing such Client Material.

Submitting a Counter-Notice:

If Veriagent removes or disables access to Your Client Material as a result of a Takedown Notice, You may instruct Veriagent to restore Your Client Material by providing a counter-notification ("Counter-Notice") to the Veriagent Agent containing all of the following:

  1. Identification of the Client Material and the location at which Client Material appeared or was available before removal;
  2. A statement that You have a good faith belief that the Client Material was removed or disabled as a result of mistake or a misidentification of the Client Material;
  3. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of the federal court in Boise, Idaho, and a statement that You will accept service of process from the third party who provided the Takedown Notice.
  4. Your physical or electronic signature;

Upon receipt of Your Counter-Notice, Veriagent shall send a copy of Your Counter-Notice to the original complaining party and inform such party that Veriagent shall replace or restore access to Your Client Material within no less than 10 but no more than 14 days unless Veriagent receives official notice from the complaining party that it has filed an action seeking a court order to restrain You from restoring the Client Material.

Repeat Offender Policy:

If You are the subject of two or more valid and complete Takedown Notices that You do not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, Veriagent reserves the right to terminate Your account(s), without penalty or liability to Veriagent. In addition, Veriagent may exercise all other rights and remedies available to it.

General:

Nothing contained herein shall restrict Veriagent's ability or right to remove or disable access to any Client Material which Veriagent independently discovers and which, in Veriagent’s sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.

Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov for USA transactions

TRADEMARK POLICY

You agree that, in the event Veriagent receives a written demand, such as a "Cease and Desist" letter ("Demand") alleging that any Product ("Client Material") infringes upon, dilutes, tarnishes or otherwise violates its trademark rights, Veriagent may in its sole discretion, remove or disable access to such Client Material until Veriagent receives either:

  1. Written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
  2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by Veriagent in its sole discretion and which Veriagent may reject for any reason without penalty or liability to You. In order for Veriagent to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
    1. The information set forth above for a valid counter notice except such information shall relate to the trademark at issue and not disputed copyrighted material; and
    2. An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold harmless Veriagent from any damages, costs, or expenses that Veriagent may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or Veriagent’s restoration thereof.

As a condition of registration with Veriagent, You acknowledge and agree that:

  1. Veriagent is not under any obligation to restore access to any Client Material even if You provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at Veriagent’s sole discretion;
  2. You expressly waive and disclaim any claim or potential claim against Veriagent related to or arising out of Veriagent’s removal of or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
  3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Veriagent any of the obligations imposed under the DMCA with regard to response times or the like.

Note to Veriagent Clients.

This DMCA and Trademark Policy is part of, and incorporated within, the Veriagent Client Contract. As a condition of registering with Veriagent and using the Veriagent Services, You expressly acknowledge that You have read and understood this DMCA and Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the Veriagent Services and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA and Trademark Policy.

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Vendor and Products Requirements Policy

You expressly agree and acknowledge that the terms and conditions contained in this Vendor and Product Requirements Policy are incorporated within the Veriagent Client Contract, and You expressly acknowledge that You have read this Vendor and Product Requirements Policy and agree to comply with and be bound by all of its terms and conditions as a requirement of creating and maintaining an account with Veriagent. If at anytime You do not agree with any part of this Vendor and Product Requirements Policy, You agree that Your sole remedy is to cease any further use of the Veriagent Services and terminate Your account, in which case You agree that any activity that transpired prior to the date of such termination shall be governed in full by this Vendor and Product Requirements Policy.

  1. VENDOR REQUIREMENTS

Veriagent requires Vendors to abide by the following criteria in order to sell Products through the Veriagent Services. Your use of the Veriagent Services indicates Your agreement that:

    1. You will create and be responsible and liable for: (1) a "Pitch Page" which accurately and clearly describes such Product; and (2) a "Thank You" page through which Purchasers will immediately receive the Product or through which they will receive clearly and accurate instructions on how and when they will receive the Product.
    2. You will provide valid, working email addresses to which Purchasers or Veriagent can send inquiries and receive a reply by end of the following business day. Purchasers and Veriagent must also be able to reach a non-automated response within one businessday.
    3. You will provide appropriate technical support pages for all Products that You register for sale via the Veriagent Services in English and all of the other languages in which the Products are offered at Your own web site. Your technical support must be consistent with best industry practices and standards.
    4. All Products and promotions must be fully compliant with Your country's laws and with U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. You should review materials available at www.ftc.gov and familiarize Yourself with applicable regulations.
  1. PRODUCT REQUIREMENTS
    1. All Products must be original or otherwise appropriately licensed and non-infringing content that is digitally delivered (via web pages, downloadable files, or email) within 24 hours of purchase. Immediate delivery preferred. If Your Product cannot meet this requirement, You must receive a written exemption from an authorized Veriagent representative.
    2. You may also offer shipped delivery of printed media (books, CD's, and DVD's) as a courtesy to qualified customers, provided the shipped media is clearly complementary and not essential to the operation of the originally downloaded digital Product. The complementary nature of the shipped media must be clearly explained to the customer. See Federal Trade Commission Policy, Advertising and Marketing on the Internet.
    3. You understand that Veriagent may require that You include additional guidelines and disclaimers for certain Product categories, and You agree to accept those guidelines and add those disclaimers, if Your Products fall within those categories in order to have the Products sold through Veriagent. For the avoidance of doubt, You acknowledge that You expressly agree to comply with this requirement as a condition of registration pursuant to the Veriagent Client Contract.
    4. Veriagent prohibits the following types of products:
      1. Unlicensed proprietary content;
      2. Any product that, in Veriagent's sole judgment, encourages the unlawful transfer of copyrighted media, such as music, movies, videos, and games;
      3. Spyware;
      4. Existing debts or promissory notes;
      5. Digital cash;
      6. Spending accounts;
      7. Money transfer;
      8. Gift certificates;
      9. Coupons, rebates, or vouchers;
      10. Securities or stocks or bonds;
      11. Deeds or titles;
      12. Lottery tickets or sweepstakes;
      13. Wagers or wagering pools, gambling or betting of any kind;
      14. Pornography or pornographic entertainment of any kind;
      15. Warez;
      16. Pirated software or pirating tools;
      17. Hacking tools;
      18. http/tcp proxies, irc/ircd, Bnc, Eggdrop, Socks4/5;
      19. Remote bots;
      20. Shell accounts;
      21. Dial-ups or dial-ins;
      22. Phone services, phone minutes, cell messaging, or cell sms;
      23. Spamming tools;
      24. Fake ID tools;
      25. Credit reports or credit repair;
      26. Professional services, including accounting, legal, medical, and pharmaceutical services;
      27. Social security number ("SSN") searches, SSN lookups, or SSN verifications;
      28. Term papers or other academic works;
      29. Anonymous proxies or proxy lists;
      30. Password lists or email address lists or postal address lists;
      31. Hotel/travel reservations;
      32. Seminar, concert, or other event tickets or vouchers;
      33. Event reservations;
      34. Franchises or franchise opportunities;
      35. Multilevel membership (including MLM, matrix, wheel, cylinder, downline, upline, chain, or pyramid) or any Product that has no appreciable value to the customer other than the potential for resale;
      36. Products about marketing through Craigslist or social networking sites that are contrary to the social networking site's terms of use;
      37. Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, racism, victimization, criminal activity; and
      38. Any other category Veriagent decides to prohibit.

Offering of any of the prohibited products may result in the immediate suspension or termination of all of Your activities with Veriagent (including non-offending activities) and the forfeitures of any account balance owed by Veriagent.