Third Party Vendor Terms - Akahu
1. Definitions and Interpretation
“Agreement” means the Agreement for the Provision of Electronic Identity Verification Services between Verifi and the Organisation and capitalized terms have the same meaning in this Schedule;
“Akahu Privacy Notice” means the Third Party Vendor privacy notice available on its website at www.akahu.nz;
“Third Party Vendor” means Akahu Technologies Limited;
2.1 The Organisation agrees to be bound by the terms and conditions in these Third Party Vendor Terms from the earlier of the Organisation first notifying Verifi that it intends to use or the Organisation subscribing for, accessing the Third Party Vendor Database or the Third Party Vendor Services.
2.2 Verifi may update these terms by posting the update version on the Verifi Website. The version of these terms available on the Verifi Website as at the time that the Database or Third Party Vendor Service is used shall govern such use.
3. Use of Third Party Vendor Database or Services
3.1 The Organisation represents and warrants that they have obtained all necessary authorisations from Customers and provided all necessary information to Customers to enable the Third Party Vendor to process their data in accordance with the Akahu Privacy Notice.
3.2 The Organisation acknowledges that Verifi gives no guarantee that:
3.2.1 the Third Party Vendor Services will meet the Organisation’s requirements as the functionality of the Third Party Vendor Services is dependent upon a number of factors including availability of third-party products (as well as changes in third party mobile/web apps);
3.2.2 the Third Party Vendor Services will work in each of the Organisation’s desired use case scenarios; or
3.2.3 the Third Party Vendor Services can be executed on every operating system.
3.3 Verifi does not make any guarantees that there will be no loss of User Data.
3.4 In no event will Verifi or their licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of the interruption to, use of, or inability to use the Third Party Vendor Services, even if Verifi has been advised of the possibility of such damages.
3.5 Without limiting any other limitation of liability in this Agreement, Verifi’s maximum aggregate liability in contract, tort (including negligence), or otherwise, arising under or in connection with the Third Party Vendor Services shall be limited to the total fees paid to access and use the Third Party Vendor Services in the six months prior to the event giving rise to the liability.
3.6 Indemnity: The Organisation will be liable for and agree to indemnify and (at Verifi’s option) defend Verifi from and against any and all claims, liabilities, suits, actions, and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
3.6.1 any Customer data or information submitted by the Organisation that is not accurate, not up to date, not complete, misleading, or a misrepresentation;
3.6.2 any misuse of the Third Party Vendor Services, from or by the Organisation, their employees, contractors, or agents or a user;
3.6.3 any breach of law, regulation, or licence by the Organisation or a user; or
3.6.4 any claim brought by a third party, including any user, against the Third Party Vendor or Verifi arising out of any misuse or negligence by the Organisation in connection with its use of the Third Party Vendor Services.
These terms are dated 26 July 2023.