Terms and Conditions

Platform Terms & Conditions (Effective from 11 Dec 2024)
It is important that you read carefully and understand these Terms as they contain important information about your legal rights and obligations.By accessing or using our Platform (defined below), you agree to comply with and be bound by these Terms. If you accept these terms on behalf of your organisation or other third party, then you represent that you have the authority to bind such organisation or third party to these Terms. These Terms & Conditions (“Terms”) are a legally binding agreement (“Agreement“) between you and ShareRing Pty Ltd (ACN 682 952 585) (“ShareRing”, “we”, “us”), governing your access to and use of:

• our products (including our websites, our smart device applications, and APIs), which include the products known as “ShareRing Me” and “ShareRing Link”, and any other products that we may add to our product suite from time to time; and 
• all associated services provided by us to you (“ShareRing Services“). 

• ‍Terms applicable to ShareRing Me

• Who needs to sign up as a ShareRing Me User?

• Signing up as a ShareRing Me User 

• Verification Categories

1. ShareRing Verified – this is the highest level of verification available on the ShareRing Platform. The accepted NFC documents will vary from country to country and our authenticity tests and matching processes will also vary from country to country. Typically, this will require the User to:

   1. have uploaded an accepted NFC document via an NFC reader;  

   2. scanned the NFC document via OCR; 

   3. passed our required authenticity test/s (such as facial liveness detection tests and photo matching verification); and

   4. passed other verification matching processes.

2. ShareRing Checked – this is the second highest level of verification available on the ShareRing Platform. The accepted NFC documents will vary from country to country and our authenticity tests and matching processes will also vary from country to country. Typically, this will require the User to:

   1. scanned an accepted non-NFC document via OCR; 

   2. passed our required authenticity test/s (such as facial liveness detection tests and photo matching verification); and

   3. have received a positive outcome based on a match amongst the authenticity test/s and the photo in the document.  

3. User Added – this is the lowest Verification Category available on the ShareRing Platform. Attributes of Digital Identity that are classified as User Added have not been verified or cross-checked against any document.

• You are in control of your Personal Content 

• Third parties will be bound by their own privacy obligations

• You have sole custody (and sole responsibility) for your Personal Content

1. if you lose your personal device, you will have lost the copy of your Personal Content stored on that device (although access to the actual information will remain encrypted and protected so that a third party without your encryption key cannot view or access the information);

2. if you allow any other person have access to your personal device and to know your encryption key, that other person will also be able to access your Personal Content. 

• ShareRing is a platform facilitator only

• Terms applicable to ShareRing Link 

• Signing up as a LINK Client 

1. sign up as a ShareRing Me User using your business contact details;

2. use that User Account to apply for a LINK Account (that User Account will automatically be associated with that LINK Account and designated as an Authorised User Account of that LINK Account); and

3. subscribe to a ShareRing Link plan at https://sharering.network/pricing/. 

• Inviting Authorised Users to your LINK Account

You can invite multiple staff to become Authorised Users and to have access to your LINK Account by following the directions on our website. You can designate different levels of administrative authority to different Authorised Users. 

Each Authorised User will be required to first download the ShareRing Me app and sign up as a ShareRing Me User (using their business contact details) before they will be able to be designated as an Authorised User of your LINK Account.

• Subscription options

• ‍Transaction fees

• LINK Client is solely responsible for its own data collection, storage and processing 

• LINK Client is solely responsible for its own Authorised Users

• ShareRing is a platform facilitator only

• LINK Client responsible for their use 

1. ShareRing does not endorse any User or Personal Content or Digital Identity;

2. ShareRing is reliant on the information supplied by each User. All Users are third parties and we do not control and cannot guarantee the actions of any Users; 

3. verification of Digital Identity (subject to the various Verification Categories) is dependent on the use of third party databases (including government databases) for cross-referencing the information provided and we do not control and cannot guarantee the veracity of information on such third party databases; and 

4. ShareRing has no control over, no liability for and does not guarantee or warrant:

   1. the existence, quality, safety, suitability, reliability or legality of any Digital Identities, or that a Digital Identity is fit for any particular purpose; 

   2. the truth or accuracy of any descriptions of any Digital Identities; or 

   3. the performance or conduct of any User or third party (including whether an individual User has maintained appropriate security practices, such as not sharing their credentials with any other party).

Indemnity provided by LINK Clients

1. your use of ShareRing Link and the information you collect or access via ShareRing Link in a manner that is inconsistent with this Agreement;

2. your breach of these Terms;

3. your breach of applicable law, including Data Protection Laws;

4. any act or omission of your Authorised Users;

5. any data breach or other data incident in connection with your handling of any data in connection with this Agreement; 

6. any dispute between you and another User; and/or

7. your negligent, reckless or wrongful acts or omissions.

• Terms applicable to ShareRing pro

• PRODUCT-SPECIFIC TERMS

Your use of other products and services may be subject to additional product-specific and service-specific terms, as published from time to time on ShareRing’s website. 

General Terms

• Independent parties

1. Third Party Services 

1. we do not endorse any such third party materials, websites, products or services;

2. third party materials, websites, products or services are subject to the terms, conditions and privacy practices of those third parties;

3. we have no control over third party materials, websites, products or services and we are not responsible or liable in connection with such third party materials, websites, products or services. 

• No guarantee of availability or internet security

1. we can’t guarantee continuous and uninterrupted availability of the ShareRing Platform; and

2. we won’t be liable for incidents arising out of third party acts or omissions or out of events that are outside of our reasonable control, such as events arising in connection with your internet connection. 

• Our right to make changes to the Sharing Platform

• Your warranties to us

1. if you are an individual:

   1. you are at least 18 years old and legally able to enter into legally binding and enforceable contracts;

   2. you are not the subject of an Insolvency Event;

   3. these Terms constitute a legal, valid and binding obligation on you; and

   4. to the best of your knowledge, there are no actions, claims, proceedings or investigations pending or threatened against you which could have a material effect upon the subject matter of these Terms.

2. if you are acting on behalf of an entity:

   1. your agreement to these Terms has been properly authorised by all necessary corporate or other action;

   2. the entity on behalf of which you are acting has full corporate or statutory power and authority to agree to these Terms and perform or cause to be performed its obligations under these Terms;

   3. the entity on behalf of which you are acting is not the subject of an Insolvency Event; 

   4. these Terms constitute a legal, valid and binding obligation on the entity on behalf of which you are acting;

   5. these Terms do not conflict with, or result in the breach of, or default under, the provision of any constituent documents or any material term or provision of any agreement or deed or any writ, order or injunction, judgment, law, rule or regulation to which the entity on behalf of which you are acting is a party or is subject or by which it is bound; and 

   6. to the best of your knowledge, there are no actions, claims, proceedings or investigations pending or threatened against the entity on behalf of which you are acting which could have a material effect upon the subject matter of these Terms.

3. all of the information provided by you to us is true, complete and accurate;

4. you (and the entity on behalf of which you are acting, as relevant) will comply at all times with all applicable laws; 

5. you (and the entity on behalf of which you are acting, as relevant) will use all reasonable measures to keep all data of any User (whether belonging to you or another User) safe and secure;

6. you (or the entity on behalf of which you are acting, as relevant) have all rights, licenses, consents and releases that are necessary to grant to ShareRing the rights in and to all data and materials that you make available to us to enable us to provide the ShareRing Platform to you in the way contemplated under these Terms or as otherwise necessary;

7. you will not upload, post, publish, submit or transmit anything on or using the ShareRing Platform that is:

   1. fraudulent, false, misleading or deceptive; 

   2. defamatory or that infringes, misappropriates or violates any third party’s rights;

   3. obscene, pornographic, vulgar or offensive; or

   4. otherwise unlawful or that violates any ShareRing policy. 

8. you (and the entity on behalf of which you are acting, as relevant) will not: 

   1. use the ShareRing Platform in a manner or for a purpose other than the manner and purpose contemplated in these Terms;

   2. use any improper or automated means or processes to obtain unauthorised access to or collection of any data;

   3. attempt to circumvent any technological measure implemented to protect the ShareRing Platform;

   4. attempt to reverse engineer the ShareRing Platform;

   5. export, re-export, import, or transfer any ShareRing product or service except as authorized by applicable law;

   6. interfere with the performance or proper functioning of the ShareRing Platform or another User’s access to or use of the ShareRing Platform.

• Modification of these Terms

• Access credentials

• Intellectual Property

• Licences granted by you to ShareRing

• Licences and access rights granted by ShareRing to you

• Feedback

• Taxes

• Termination and suspension 

1. 1. Termination for Convenience

1. Termination by ShareRing for cause

1. you have breached these Terms;

2. you have, or we have grounds to suspect that you have, violated any applicable laws or third party rights; 

3. we have grounds to believe that termination is necessary to protect the safety or property of ShareRing, other Users, or third parties;

4. you have, we have grounds to suspect that you have, provided inaccurate, fraudulent, outdated or incomplete information in connection with your use of the ShareRing Platform; 

5. we believe that you have damaged in any way the reputation of ShareRing; or

6. you are subject to an Insolvency Event. 

1. User has no right to restoration of User Account

1. Effect of termination or expiry

1. the clauses of these Terms that, by their nature, should survive termination or expiry will remain in effect; and

2. in addition to any other rights, powers or remedies at law or in equity, each party retains the rights it has against the other party in connection with any cause of action that has arisen on or before termination.

• ShareRing disclaimers

1. 1. ShareRing Platform provided “as is”

1. No reliance placed upon ShareRing

1. Assumption of own risk in dealing with us and third parties 

1. Disclaimers apply to extent permitted by law

• Liability

1. 1. 1. Subject to any jurisdiction-specific provisions set out in these Terms and subject to applicable law, you agree that the maximum liability that ShareRing has to you whether in tort, contract, at law or in equity or pursuant to any contravention of any statutory obligation is limited to USD one hundred dollars (USD $100.00).

      2. Neither ShareRing nor any other entity within ShareRing’s corporate group will be liable for any incidental, special, exemplary or consequential damages or any lost profits, loss of business, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, arising out of or in connection with these Terms or the use of or inability to use the ShareRing Platform, irrespective of whether such damages were foreseeable or ShareRing was informed of the possibility of such damage or whether based on contract, tort (including negligence), equity, restitution, statute or any other legal theory, and even if a limited remedy set forth herein is found to have failed of its essential purpose. 

      3. Some jurisdictions do not allow the exclusion or limitation of certain types of liability (including consequential or incidental damages), and nothing in these Terms is intended to exclude or limit liability to the extent not permitted by applicable law. Otherwise, the limitations of liability set out in these Terms apply to the fullest extent permitted by applicable law.  

• Indemnification and release

1. your breach of these Terms;

2. your breach of applicable law, including Data Protection Laws;

3. your use of, or conduct in connection with, the ShareRing Platform in a manner that is inconsistent with this Agreement;

4. your interaction with or communication with or any dispute between you and another User;

5. your negligent, reckless or wrongful acts or omissions; or

6. your violation of any third party’s rights.

• Applicable Law and Jurisdiction

• Severance

• No Waiver

• No Assignment

• Notices

• Rights cumulative

• Entire Agreement

• ‍Definitions and Interpretation

1. seeks protection under a bankruptcy, receivership, liquidation, administration, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against a party and not dismissed within 60 days;

2. stops or suspends, or threatens to stop or suspend, the payment of all or a class of the person’s debts;

3. is unable to pay all of the person’s debts as they fall due;

4. dies, is imprisoned, becomes incapable of managing their own affairs; or

5. ceases operation without a successor. 

User means any natural person who uses the ShareRing Platform.