HFL Terms and Conditions

HFL PASS TERMS OF USE
VERSION 1.0
Welcome to HFL Pass.
The HFL Pass is provided to subscribers of “Future of Learning and Earning Experience” by HFL Digital Enterprise Management (“we”, “us”, “our”). The HFL Pass will be a digital identifier embedded in the subscriber’s smart device and it will be the HFL Unique Member Identifier (HUMI).
HFL Pass services include electronic attestation certificates for electronic signatures and authentication provided by HFL Pass via HUMI to the users of the HFL Pass applications, HFL Pass kiosks, HFL Pass website (and all its associated websites, domains, sub-domains) and/or future HFL Pass service channels (“Services”).
These terms and conditions (“Terms”) set out the basis upon which you (“you”, “your”, “user”) can access and use HFL Pass and the Services via HUMI.
HUMI via HFL Pass is for you to use while participating in HFL Digital Enterprise Management (DEM) and HFL Digital As A Platform (DAAP) services. Whether you can use HUMI via HFL Pass with any particular HFL DEM and/or DAAP service depends on whether that service provider has integrated with HFL Pass via HUMI. You should check with the relevant HFL DEM and/or DAAP organization regarding which of its services HUMI via HFL Pass can be used for.
1.TERMS
1.You will be asked to agree to these Terms when registering to use HFL Pass via HUMI. Please read andunderstand these Terms. If you chose to register for or use any HFL Pass Services via HUMI, these Termswill form an agreement between you and us for the use of HFL Pass and the Services. If you do not agreewith any of the Terms, your sole recourse is to stop using HFL Pass and the Services.
2.We may amend these Terms at any time by posting an updated version of the Terms on HFL Pass. Weencourage you subscribe for notifications on updated versions or alternately to check regularly for anyamendments to the Terms and to read the Terms each time you use any Service.
3.There is currently an annual subscription charge of USD. 150 per annum for HFL Pass and an incrementalcharge for any of the requested Services. We also provide services without an annual subscription, for whichcharges vary and will be provided upon request. For annual subscribers we may introduce incrementalcharging in the future but will notify you of any charges through HFL Pass before you use any Services whichbecome subject to incremental charges.
4.Please note that HFL DEM and/or DAAP e-Services linked with HFL Pass may have additional terms andconditions regarding your use of HFL DEM and/or DAAP e-Services. Nothing in these Terms is intended tomodify HFL DEM and/or DAAP e-Services terms and conditions.
5.These Terms apply to you whether you are using HFL Pass as a natural or legal person. If you are using HFLPass as a natural person on behalf of a legal person, you warrant that you have the required legalauthority (i.e., delegation or power of attorney to do so.)
2.HFL PASS ACCOUNT
The HFL Terms and Conditions applies to HFL, all HFL subsidiaries, and its Registered Training Organizations, TVET Programs, Partner Programs, Events, Information
Sessions. Customers, Members, Subscribers, HUMI registered users.
1.You will need to register with HFL Pass via HUMI to use Service(s). You must provide true, accurate,complete, and current information (including name, date of birth, email address, Passport ID, Driver LicenseID, biometric data (if requested) and other details) as requested by us. You acknowledge and agree that:
•You must follow all directions provided by us in relation to recording and uploading of your information;and
•You grant us a royalty free right to use and store any information for the purpose of providing HUMIvia HFL Pass and the e-Services, subject to the Privacy Policy.
2.You are solely responsible for the security of your username, password, registration information, and PINand for any use of your HFL Pass account via HUMI. You agree that you will:
•Not knowingly or recklessly use or attempt to use any HFL Pass Services, login, hardware, application,device or HFL Pass code for a purpose for which it is not intended, including any unlawful purpose; and
•Notify us immediately of any unauthorized activity regarding your HFL Pass account or other breach ofsecurity.
3.We reserve the right to refuse access to HFL Pass or any Services, terminate accounts, at our sole discretion.
4.You understand and agree that we are entitled to rely on:
•The authenticity of your username and password and where applicable any HFL Pass code; and
•Your consent to share your verified identity to access the participating service provider’s online service.
3.PRIVACY POLICY
1.The personal information (including any biometric data) you provide in the course of using the HFL Pass willbe collected, stored, and used in accordance with our Privacy Policy, the terms of which are herebyincorporated into and form part of these Terms.
4.LICENSE
1.We grant you a limited, revocable, non-exclusive, non-transferable, worldwide license to download, installand use the HFL PASS application via HUMI solely for your personal use strictly in accordance with presentTerms. For avoidance of doubt, personal use includes the purposes of verifying your identity where youare the authorized signatory of another legal person, such as a registered company.
2.You may install the HFL Pass application via HUMI on a device that you own or control.
5.CERTIFICATES
1.The HFL Pass Services provides the processing and issuing of electronic attestation certificates for electronicsignatures and authentication (“Certificates”) for users that are both natural and legal persons.
2.You must confirm Certificate issuance in HFL Pass application. Corresponding confirmation is deemedCertificate acceptance for HFL Pass.
The HFL Terms and Conditions applies to HFL, all HFL subsidiaries, and its Registered Training Organizations, TVET Programs, Partner Programs, Events, Information
Sessions. Customers, Members, Subscribers, HUMI registered users.
3.The use of the User´s Certificates is prohibited for any of the following purposes:
•Unlawful activity (including cyberattacks and attempt to infringe the Certificate of the HFL Pass);
•Issuance of new Certificates and information regarding Certificate validity; or
•Enabling other parties to use your Certificate.
1.Certificates become valid as of the date specified in the Certificate. The validity of the Certificate expires onthe date of expiry indicated in the Certificate or if the Certificate is revoked.
2.Please note that issuing you a Certificate does not entitle you to receive any particular service. Eligibility forservices is a matter for the relevant participating HFL DEM and/or DAAP organization... We provide norepresentation, warranty, or endorsement of any third-party provider.
1.USE OF HFL PASS via HUMI
1.You agree not to, and will not permit others to license, sell, rent, lease, assign, distribute, transmit, host,outsource, disclose, or otherwise commercially exploit any part of HFL Pass or the Services or make HFLPass or the Services available to any third party through you.
2.You must not conduct or promote any illegal activities while using HFL Pass. This includes any activities that(in our opinion), infringe on privacy or infringe any third-party rights as well as activities that are defamatoryto third persons. To do so may lead to revoking the HFL pass and prosecution as per applicable law.
3.You must not use HFL Pass or the Services to generate unsolicited emails, spam, or promotional materialsto other users.
4.You must not do anything to cause damage to HFL Pass or other users, including any technical damage tothe other computers. You must not send any viruses or other material designed to adversely affect theoperation of HFL Pass or the Services, affect any other users of the HFL Pass or affect any equipment or anydata in the HFL Pass or the Services.
5.You must not attempt to gain access to HFL Pass or the system that runs HFL Pass and the Services. Youmust not interfere with the security of HFL Pass, the Services, its system resources, or network.
6.You must not use HFL Pass in any manner that could damage, overburden, or impair the HFL Pass or theServices or harvest or otherwise collect any information about the users. You must not link to HFL Passwithout seeking our prior written consent.
7.We take all necessary care however we do not guarantee that we will be able to prevent any illegal orinappropriate use of HFL Pass or the Services or will give notice of any illegal or inappropriate use of HFLPass or the Services.
2.CHANGES AND CESSATION OF OPERATIONS
1.We reserve the right to change or correct any errors or omissions in HFL Pass or the Services, and to alter,limit or discontinue the provision of any of the Services, at any time without prior notice to you. We will usereasonable efforts to include up-to-date and accurate information in HFL Pass, but we reserve the right todelete, modify, or supplement the content of HFL Pass or the Services at any time for any reason withoutprior notification.
The HFL Terms and Conditions applies to HFL, all HFL subsidiaries, and its Registered Training Organizations, TVET Programs, Partner Programs, Events, Information
Sessions. Customers, Members, Subscribers, HUMI registered users.
3.THIRD PARTY LINKS AND ADVERTISEMENTS
1.HFL Pass or Services may contain links to other websites. We make no representations or warranties as tothe content, privacy practices and other practices of any websites operated by a third party, and we do notassume responsibility for the content or practices of such websites. You should check the terms andconditions and privacy policies for all third-party links/websites you visit to understand their procedures.
2.If you use any material, or visit any linked website, you do so at your own risk, and it is your responsibilityto take all protective measures to guard against viruses or other destructive material. We do not endorseand are not responsible for the use of, or the content of, any third-party websites. We are not responsiblefor anything that may happen when you use them.
4.INTELLECTUAL PROPERTY
1.We or our licensors own all intellectual property rights to HFL Pass and the Services. No license, right orother interest in HFL Pass or the HFL Pass application is granted to you except as expressly stated in theseTerms. In the event of a third-party claim that HFL Pass, or possession or use of the Services infringes thatthird party’s intellectual property rights we will have sole discretion in relation to the investigation, defense,settlement and discharge of any such claim.
5.DISCLAIMER OF WARRANTY
1.HFL Pass and the Services are provided on an “as is” and “as available” basis. We, our affiliates, and any oftheir owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to thefullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including,without limitation, any warranties of merchantability, fitness for a particular purpose, freedom fromcomputer virus, title, and non-infringement of proprietary rights.
6.LIMITATION OF LIABILITY
1.To the maximum extent permissible by applicable law, we and our subsidiaries, affiliates, and theirrespective suppliers, and any of their owners, officers, directors, managers, members, agents, andemployees:
a.Are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss(including, without limitation, incidental and consequential damages, lost profits, or damages resultingfrom lost data or business interruption) arising out of, or in way connected with, the use or inability touse HFL Pass or any Services via HUMI or otherwise whether based on warranty, contract, tort(including negligence), or any other legal theory, and whether or not we are advised of the possibilityof such damages; and
b.Exclude any and all liability for damages caused by, any problems or technical malfunction of anytelephone network or lines, computer online systems, servers or providers, computer equipment,software, failure of any communications due to technical problems or traffic congestion on the internetor on HFL Pass or the Services or combination thereof, including any injury or damage to any users orto any person's computer related to or resulting from use of the HFL Pass or the Services.
The HFL Terms and Conditions applies to HFL, all HFL subsidiaries, and its Registered Training Organizations, TVET Programs, Partner Programs, Events, Information
Sessions. Customers, Members, Subscribers, HUMI registered users.
7. FORCE MAJEURE
1. Either party shall be entitled to suspend performance of their obligations under the Contract to the extent that such performance is impeded or made unreasonably onerous by any of the following circumstances: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance as referred to in this Clause.
2. A circumstance referred to in this Clause, whether occurring prior to or after the formation of the Contract, shall give a right to suspension only if its effect on the performance of the Contract could not be foreseen at the time of the formation of the Contract.
3. The party claiming to be affected by Force Majeure shall notify the other party In Writing without delay on the intervention and on the cessation of such circumstance.
4. If Force Majeure prevents the Purchaser from fulfilling his obligations, he shall compensate the Contractor for expenses incurred in securing and protecting the Works.
5. Regardless of what might otherwise follow from these General Conditions, either party shall be entitled to terminate the Contract by notice In Writing to the other party if performance of the Contract is suspended for more than six months.
6. Where they are not specifically included above, cyber incidents will be covered by the below categories of force majeure events:
a. Theft: may cover certain intrusions and scams where the object or intent is to extract a financial benefit.
b. Malicious damage: this may include malicious code, tools or devices designed to disable or disrupt systems, infrastructure, and operations.
c. Act or threat of terrorism: this will require the relying party to adduce conclusive evidence that the attack was perpetrated by or on behalf of a recognized terrorist group.
d. Act of government/war: certain attacks (such as the 2014 attack on Sony Pictures Entertainment) are generally attributed to “hostile” régimes, but definitive nation-state attribution can be very difficult to prove, and many countries are increasingly blending state-sanctioned hacking with mere state-tolerated hacking. Furthermore, what is one day just a country turning a blind eye to hacking by its private citizens can the next day become state-sponsored or state-directed hacking. In our view, cyber incidents are unlikely to be adequately or conclusively covered by existing force majeure clauses for events impacting IT and other operational functions. Furthermore, whilst a customer may have some sympathy for the actions of a third party where it can demonstrate reasonable precautions were taken, it would rarely regard it as acceptable for a supplier to exclude liability for the harmful or destructive acts of a rogue employee. Such issues are termed as “boilerplate” issues for cyber incidents, and they will be brought forward by the grieving party to the appropriate authorities in the international courts of justice or for arbitration in international governing bodies for cybercrime for fair closure.
8. INDEMNITY
1. You agree to hold harmless and indemnify us and our subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of HFL Pass or the Services via HUMI or otherwise, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties
The HFL Terms and Conditions applies to HFL, all HFL subsidiaries, and its Registered Training Organizations, TVET Programs, Partner Programs, Events, Information
Sessions. Customers, Members, Subscribers, HUMI registered users.
as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the HFL Pass or the Services via HUMI or otherwise.
9.NOTICE
1.Any notices to you from us will be given by notices posted on the HFL Pass or sent by SMS or published on socialmedia or by email to the number and email address (as applicable) you provide to us during the registrationprocess. Alternatively, we may give you notice by mail or courier to the address provided to us during theregistration process.
10.ELECTRONIC COMMUNICATIONS
1.To fulfill our obligations to you under these Terms, we may wish to communicate with you by SMS, social media,email and/or by posting notices on HFL Pass or Services. You agree to receive communications from uselectronically and that electronic communications will satisfy any legal requirement for communications, whichneed to be in writing.
11.TERMINATION
1.We may terminate or suspend your access to all or part of the HFL pass or the Services via HUMI or otherwise,without prior notice, if we believe that your conduct is in violation of these Terms, applicable law, or otherwiseharmful to the interests of us or any third party. Notwithstanding such termination or suspension, you agreethat you will continue to be subject to the obligations which, by their nature, survive such termination orsuspension.
12.SEVERABILITY
1.If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision onlywill be limited to the minimum extent necessary and the remaining provisions will remain in full force andeffect.
13.WAIVER
1.Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of ourrights to enforce those terms.
14.GOVERNING LAW AND JURISDICTION
1.The Terms and your use of HFL Pass will be governed in all respects by the laws of the country in which HFLcurrently has its operations. In particular, Federal Laws on Electronic Commerce and Transactions govern theuse of electronic signatures and electronic attestation certificates. Any dispute regarding these Terms shall besubject to the exclusive jurisdiction of the Courts of the country in which HFL currently has its headquarters.
15.CONTACT
1.You can contact us regarding the HFL Pass, onhfl.ceo@icloud.com2.You can contact us regarding the HFL Services, or these Terms, on hfl.ceo@icloud.com