What is PEXA and PEXA Verify?
We are Digital Completion UK Limited (PEXA), (company number: 12830944) and our address is 5th Floor, West One, 114 Wellington Street, Leeds, LS1 1BA. PEXA operates a property exchange platform which facilitates digital completion of property transactions in England and Wales (the PEXA Platform).
PEXA Verify is a multifactor authentication (MFA) application which end users of the PEXA Platform are required to use to securely access the PEXA Platform.
In these terms and conditions, unless the context requires otherwise:
“PEXA”, “we”, “our” or “us” means PEXA Group and its licensors;
“PEXA Group” means PEXA and each of its Associated Bodies Corporate;
“Associated Bodies Corporate” has the same meaning under the Companies Act 2006;
“you” or “your” means an end user of the PEXA Platform.
These terms and conditions govern your use of PEXA Verify.
By installing, accessing and using PEXA Verify on your device, you agree to these terms and conditions.
If you are accepting these terms and conditions on behalf of a company, trust or other entity, you warrant that you are authorised to accept the terms and conditions on behalf of the company, trust or other entity.
If you do not have such authority to accept or do not agree to these terms, you must not install, access or use PEXA Verify.
Fees and Charges
We do not charge you a fee to install, access or use PEXA Verify.
Reliance
PEXA Verify is an Internet-based software application and your access to and use of PEXA Verify relies on you obtaining and maintaining Internet access. PEXA is not responsible for any Internet access or related issue you encounter.
You understand and agree that the functionality of PEXA Verify may in some circumstances require the sending of push notifications to you on your device that are related to the operation of PEXA Verify, the PEXA Platform, or other PEXA communications.
Your obligations
You understand and agree that you must:
- comply with these terms and conditions;
- comply with all instructions we give you about how to use PEXA Verify;
- comply with any laws applicable to your use of PEXA Verify;
- not do (or attempt to do) anything that interferes with, disrupts or adversely affects the normal operation, integrity or performance of PEXA Verify;
- not attempt to test for vulnerabilities or circumvent or avoid PEXA’s security measures for PEXA Verify, without PEXA’s prior written consent;
- not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of PEXA Verify or any updates;
- not sell, rent, lease, lend, redistribute or sublicense PEXA Verify; and
- not use PEXA Verify in any way that infringes a third party’s rights (including intellectual property rights) or violates any applicable data protection laws.
You are responsible for ensuring the security of your device and network that you use to access PEXA Verify. You should only use the most recent version of PEXA Verify and ensure that your operating system is up-to-date.
You must not authorise, and must take all reasonable steps to prevent any unauthorised, access to your device or to PEXA Verify by a third party.
In order to access and use PEXA Verify, you may need to provide certain information to us when requested, which may include your name, company, email address and mobile phone number. If you do not provide us with the information when requested, we may be unable to provide you with access to or use of PEXA Verify.
Your Personal Data
You agree to the terms of our Privacy Policy, available at www.pexauk.co.uk/privacy-policy.
In using PEXA Verify, we will collect personal data about you including your name, company, phone number and email address.
PEXA may use your personal data collected when using PEXA Verify:
- to provide you with PEXA Verify;
- to develop, maintain and improve PEXA’s products and services, including PEXA Verify;
- to respond to any queries you submit to PEXA or otherwise to provide you with support regarding your use of PEXA Verify and any related PEXA products and services; and
- to aggregate your data (on a de-identified basis) with other data to undertake analysis and create reports about PEXA Verify.
PEXA will not disclose your personal data collected when using PEXA Verify to third parties without your consent.
Your personal data collected when using PEXA Verify may be stored, held, used, disclosed by PEXA in accordance with these terms and conditions and our privacy policy, including after you stop using or uninstall PEXA Verify.
Intellectual property
PEXA retains all intellectual property in PEXA Verify and the PEXA Platform. PEXA grants you a limited, non-exclusive, non-transferrable licence to access and use PEXA Verify solely for the purposes of accessing the PEXA Platform.
Subject to our privacy obligations to you, you grant us a perpetual licence to store, use, copy and disclose any data you input via PEXA Verify, including device data.
To the maximum extent permitted by applicable law, we make no representations or warranties, whether express or implied, in relation to PEXA Verify, including any implied warranty of merchantability, fitness for a particular purpose, availability, non-infringement, free of faults or errors, or won’t cause any loss of data.
Liability
To the maximum extent permitted by law, our liability to you for all loss, damage, cost, expense (including legal costs) suffered or incurred by you or any third party in connection with these terms and conditions or PEXA Verify, whether under contract, tort (including negligence), under statute or otherwise, is limited, in the aggregate total, to £25.
In no event shall either party be liable for any special, indirect, incidental, punitive, exemplary or consequential loss; any loss of revenue; loss of profits; loss of data; or lost opportunity.
To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services, we limit our liability (at our option) to the re-supply of those goods or services, or payment for such re-supply.
Upgrades to PEXA Verify
PEXA reserves the right to alter PEXA Verify, including updating, adding or removing features or functionality.
PEXA may notify you of any changes to PEXA Verify by sending push notifications to you on your device.
PEXA has no obligation to you to update or upgrade PEXA Verify or to fix any faults or errors within PEXA Verify.
Changes to these Terms and Conditions
We may make changes to these terms and conditions from time to time, for example to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of these terms and conditions will always be available via PEXA Verify and on PEXA’s website (www.pexauk.co.uk/).
PEXA may notify you of changes to these terms and conditions by in-app message within PEXA Verify. You must accept any changes to these terms and conditions in order to continue to access and use PEXA Verify.
Any amended terms or conditions will apply to your use of PEXA Verify from the time the changes are made.
Suspension
PEXA may suspend your access to or use of PEXA Verify immediately upon notice to you if PEXA determines that:
- you have breached an obligation under these terms and conditions;
- your use of PEXA Verify poses an imminent threat to the security, integrity, operation or performance of PEXA or PEXA Verify; or
- we are unable to provide you with PEXA Verify due to an event beyond our control,
until such time that your breach or the threat or event is resolved, or in the case that it is not capable of being remedied, PEXA may immediately terminate its provision of PEXA Verify to you.
Termination
We may terminate your use of PEXA Verify at any time upon reasonable notice to you or immediately upon notice to you if any third party restricts, prevents or ceases to authorise the installation or use of PEXA Verify on your device, operating system, or over your network. The provisions of these terms and conditions regarding privacy and liability survive termination.
Governing Law
These terms and conditions are governed by the laws of England and Wales and you submit to the non-exclusive jurisdiction of the English courts in relation to any proceedings or actions in connection with these terms and conditions or PEXA Verify.
Contacting Us
For all enquiries about PEXA Verify, you can contact PEXA at the contact details below at any time.
PEXA Business Address: 5th Floor, West One, 114 Wellington Street, Leeds, LS1 1BA.
Email: uk.dpo@pexa.com.au
