Terms of Service

Last Updated:25th August 2022

Introduction:

These terms and conditions govern the use of the URL www.authentific.com (“Website”) and AUTHENTIFIC BLOCKCHAIN mobile application (“App”) (the Website and the App are collectively referred to as the “Platform”) developed and maintained by Australian Cyber Corporation Pty Ltd including affiliates (“Company”, “We”, “Us”, “Our”), by persons who visit or transact on the Platform (“You”, “Your”, “User”, “Users”).
By accessing and using www.authentific.com (“Website”) and/or AUTHENTIFIC BLOCKCHAIN mobile application (App), the User accepts and agrees to be bound by the Terms of Service. Please read these terms and conditions carefully. Your use of the Website and the App (the Website and the App are collectively referred to as the ‘Platform’) is at your own risk.
By visiting this Platform or by using the Platform, inter alia, to issue and verify Educational Degrees (defined below), You agree to these terms and conditions. These terms and conditions constitute a legally binding agreement between You and Us.

Definitions

The terms ‘User’ or ‘Users’ ‘You’ or ‘Your’ refer to you, as a user of the Platform. A user is a person who accesses or uses the Platform for the purposes of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Platform.
The terms “www.authentific.com”, “we”, “us” or “our” shall refer to M/s. Australian Cyber Corporation Pty Ltd.
The Terms, together with the ‘Privacy Policy’, shall constitute the entire agreement between you and us concerning the Platform. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
The term ‘Educational Degree’ shall refer to the proof of completion of a formally recognized educational course which is created by the User to be issued to the students who have completed the said course.

Services Offered by Us

Authentific is a platform offering Universities the facility to issue educational degrees in a digital format on the blockchain (“Service”). Authentific allows universities to create their account on the platform, maintain a database of students and the courses they are pursuing, and issue degrees to the students who have completed the courses, in a digital format, verifiable on the blockchain.
The mobile application can be used to verify the documents issued by the organizations via the Platform on the blockchain.

Use of Services Offered by Authentific

You must create an account in order to use some of the features offered by the Platform. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You authorise us to collect your authentication information, and other information that may be available on or through your social media account consistent with your application settings and instruction.
You are solely responsible for all the activities that occur in your account. You agree to notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive communications in connection with the Platform.

Carrier Rates may Apply

By accessing the Platform through a mobile or other device, You may be subject to charges by your Internet or mobile service provider, so check with them first if You are not sure, as you will be solely responsible for any such costs incurred.

Eligibility

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and are of majority age as per the local laws of the Country the User is operating out of and that they have the requisite authority to bind themselves to these Terms under the Law.

Fee and Payments

You agree to pay the requisite fee, as may be mentioned on the Platform, for creating and issuing the educational degree in a digital format on the blockchain.
We may change the price of any Service or charge for use of Services that are currently available or may introduce additional features or services on the Platform that may be chargeable for usage. We will inform the users of change in price of our Services through communication to their registered email IDs.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company or any other User. The User is aware that the Company merely provides a platform through which the Users can issue degrees to the students who have completed educational courses, in a digital format, verifiable on the blockchain.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Disclaimer of warranties and liabilities

The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Indemnity:

» The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

○ User’s use of the Platform,

○ User’s violation of these Terms and Conditions;

○ User’s violation of any rights of another;

○ User’s alleged improper conduct according to these Terms;

○ User’s conduct in connection with the Platform;

» The user agrees to fully cooperate in indemnifying the Company and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Company.

» In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

Limitation of Liability

The Founders/ Promoters/ Partners/ Associated persons of the Company/Platform are not responsible for any consequences arising out of the following events:

If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If the User has fed incorrect information or data or for any deletion of data;
If there is an undue delay or inability to communicate through email;
If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by the Platform.
If there are any bugs/viruses/malware/spyware which may be transmitted to or through the platform by any third party.
If any content or data of the User is lost from the servers of the Platform,
If there is a failure to keep the password and account details secure and confidential.

The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.

Users are to comply with all laws applicable to them or their activities, and with all the Policies, which are hereby incorporated into this Agreement by reference.

The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

Terms and Termination

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
A User may terminate their use of the Services and the Platform at any time.
The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

User Obligations & Formal Undertaking as to Conduct

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The company is not liable if the User has provided incorrect information.
Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
Users agree that they are solely responsible for maintaining the confidentiality of their account passwords. You agree to notify us immediately of any unauthorized use of your account. The company reserves the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the Platform.
Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.

The User further undertakes not to:

Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
Violate any applicable laws, rules or regulations currently in force within or outside UAE;
Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further:

The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating the User’s acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees not to make any bulk purchases to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

○ belongs to another person and to which the User has no right to;

○ is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

○ is in any way harmful to minors;

○ infringes any patent, trademark, copyright or other proprietary rights;

○ violates any law for the time being in force;

○ deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

○ Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

○ Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

○ Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing;

○ Threatens the unity, integrity, defense, security or sovereignty of UAE, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Suspension Of user Access & Activity

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:

If the User is in breach any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other Users or the Company, at the sole discretion of the Company.

Inactive users

Notwithstanding herein, the Company may in its sole discretion, may temporarily terminate the User’s account and profile on being inactive for more than 180 days from the date of last Log-In. Additionally, the User may reactivate access to the account by emailing the company at [email protected].

Communication

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
Users can report to [email protected] if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any Product purchased by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Company from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

Force Majeur

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Non-Assigment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing Law & Dispute Resolution

These Terms of Use are governed by the laws of Australia. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Australia.

Grievances

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to “[email protected]”.

Miscellaneous Provisions

Entire Agreement: These Terms, read with the Policies referred to herein, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at “[email protected]”.