BEYON ONEID TERMS OF USE
1. Acknowledgement and acceptance of terms
1.1 Access to and use of the Beyon OneID Service, via the App, is provided to You subject to these Terms. By accessing or using the Beyon OneID Service, You agree to be bound by these Terms. If You do not agree with or otherwise do not wish to accept these Terms (or any amendments notified pursuant to clause 1.3), do not use or access the Beyon OneID Service, access the Website, install or use the App, or register a Profile.
1.2 If You are a minor, You must ask for Your parent or guardian's permission before using or accessing the Beyon OneID Service.
1.3 We reserve the right to amend these Terms at any time. We will notify You of any such changes when You access the App for the first time following the change and will make the latest version available on the Website. Your continued use of the Beyon OneID Service following the posting or notification of changes will mean You accept and agree to the changes.
1.4 These Terms govern:
a) Your use of the Beyon OneID Service, via the App); and
b) Your use of the Website.
By accepting these Terms, you consent to Us (i) recording any session you may initiate and (ii) capturing your image, in order for You to access and use the Beyon OneID.
2. Beyon OneID Service
2.1 Beyon OneID Service is a secure identification product to help You verify Your identity and, if required, may include completing a verification check with participating Entities that You deal with. You can currently use the Beyon OneID Service by using the App, which requires You to register a Profile so that You can use the Beyon OneID Service to verify Your identity again to other participating Entities or for other transactions in the future.
2.2 To use the Beyon OneID Service, You may be required to have eligible ID Documents verifying Your identity. When You provide information about eligible ID Documents to us via the Beyon OneID Service, we may use an ID Verifier to check the details against the records held by the issuing authority and confirm whether the details match.
2.3 The number and type of ID Documents You need to provide may vary depending on the requirements of the relevant Entity for the particular purpose requiring verification of Your identity. The Beyon OneID Service will prompt You to provide the ID Documents required in each case.
2.4 You will also be required to validate an email address through the identity verification process. This is to check that the email address you have supplied to Us is under Your control.
2.5 You must follow the instructions and directions given by us, including those provided via the Website and the App, in order to use the Beyon OneID Service. Your use of the Beyon OneID Service will be limited and/or restricted if You do not comply with such instructions.
Using the Website
2.6 If You use the Website, your email will be required to start the registration process, keeping in mind that the next steps of the registration of your Profile will take place in the App.
2.7 Subject to these Terms, we grant You a non-exclusive, non-transferable licence to use the Website for the sole purpose of using the Beyon OneID Service.
Using the App
2.8 By registering a Profile using the App, details of Your verified identity and Your email will be stored for Your future use. When You use the Beyon OneID Service to verify Your identity again, information stored in Your Profile can be used to streamline the process, however You may be prompted to provide information from additional ID Documents if required, for example, the Entity's requirements for a particular transaction. Details on how information will be stored is set out in clause 9.
Updates and notifications
2.10 We may send You service announcements, administrative messages, notification of updated terms and conditions and other information via the Website and/or the App in connection with Your use of the Beyon OneID Service.
2.1 We may from time to time introduce other services that form part of, or complement, the Beyon OneID Service. We may also modify or cease offering the Beyon OneID Service, or any part thereof, at any time without prior notice to You. We will notify You, and obtain Your consent, before providing any service that attracts a charge.
3. Your Profile
3.1 You must register a Profile in order to use the App.
3.2 The first time You use the App, You will be guided through the process to register a Profile for Your use of the Beyon OneID Service.
3.3 Each Profile is unique to an individual. We only allow the creation of one Profile by using the App into one single device. For Your own security, it is recommended that You should not allow any other person to access a Profile that You have registered.
3.4 A Profile is associated with the Device and the email used to register the Profile. The App will store some data on Your Device to secure Your Profile, and this may be backed up by the operating system on Your Device. It may be possible to restore Your Profile to a Device using the backup of the App's data, subject to technical limitations, and we cannot guarantee that recovery will be successful in any given case.
3.5 Your Profile may not be recoverable, for example, if Your Device becomes lost or damaged and the data from the App was not backed up, or cannot be successfully restored, or if You do not enter the correct PIN. If Your Profile cannot be recovered for any reason, You will need to register Your ID Documents again.
4. Your conduct
4.1 You represent and warrant that You will only provide true, accurate, current and complete information about Yourself as part of Your use of the Beyon OneID Service; and You will promptly update the information contained in Your Profile to keep it true, accurate, current and complete.
You must not:
a) use the Beyon OneID Service to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
b) use the Beyon OneID Service to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual relationships (such as Personal Data, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c) attempt to use or access the Beyon OneID Service otherwise than through the Website, the App or other means expressly approved by Beyon Connect;
d) link to, frame or mirror any part of the Website without our prior written authorisation;
e) disrupt the operation of the Beyon OneID Service or any infrastructure that we or any Entity operates;
f) breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Beyon OneID Service, including using any device or software; or
g) gain unauthorised access to the Beyon OneID Service;
h) make any automated use of the Beyon OneID Service;
i) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Beyon OneID Service, the Website, the App, any output from the Website or the App, any files related to the Website or the App, or any part of any of these, other than as expressly provided in these Terms, or otherwise permitted by law;
j) use the Beyon OneID Service in connection with the contravention of any local, state, national or international law, whether intentional or not; or
k) attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing.
4.2 You represent and warrant to us that You have the capacity to accept and be bound by these Terms.
5. Third-party software and services
5.1 You may be required to use or update third-party software (such as the operating system and applicable software marketplace) on Your Device in order to obtain, install, update, access, use, or continue to access or use the Beyon OneID Service. You acknowledge and agree that:
a) we are not responsible for such third-party software or updates;
b) such third-party software (including updates) may be subject to their own terms and conditions, which we strongly recommend You review prior using the third-party software or to implementing the third-party update; and
c) if You are unable or unwilling to obtain or install such third-party software or updates, You may be unable to obtain, install, update, access, use, or continue to access or use the Beyon OneID Service.
5.2 Access to the Beyon OneID Service, or parts thereof, may require Your Device to be connected to the internet or require other third-party services. Your use of third-party services may be subject to fees and separate terms and conditions. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that Your installation and use of the App and/or the Website does not cause You to exceed any data usage quotas or other limitations that may apply to Your internet service or other services acquired from third parties.
5.3 The Website may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third party-content or services may be subject to separate terms and conditions.
6. Security
6.1 The Beyon OneID Service may use a variety of security measures to protect Your Profile and the information from ID Documents You provide, including access codes.
6.2 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the Beyon OneID Service. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information.
6.3 You must ensure Your security credentials remain secure. You must not share Your security credentials (such as an access code) with any other person, or allow any other person to impersonate You.
6.4 Whilst we may implement multi-factor authentication, it does not guarantee against unauthorised use of Your Profile. You are solely responsible for any use of the Beyon OneID Service using Your security credentials, whether or not such use has been authorised by You.
6.5 You must take Your own precautions to ensure that the process You employ for accessing the Beyon OneID Service does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the Beyon OneID Service.
6.6 You must notify us immediately by sending an email to support@oneid.bh if:
6.7 You no longer have access to the telephone number linked to Your Profile (eg if Your telephone number changes); or
6.8 You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your Profile or any other breach of security.
6.9 You acknowledge that a failure to comply with these requirements may affect Your use of the Beyon OneID Service and may compromise the security and integrity of Your Profile.
7. Term, termination and suspension
Term
7.1 These Terms are in force until terminated in accordance with this clause 8. The licences granted to You under these Terms are granted for the duration of these Terms.
Termination or suspension by us
7.2 We may immediately terminate these Terms and/or Your Profile, suspend Your Profile and/or Your access to the Beyon OneID Service, and refuse future use of the Beyon OneID Service, at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if:
a) You do not provide information required for Your use of the Beyon OneID Service;
b) You provide information that is false, inaccurate, misleading, incomplete or not current;
c) You have engaged in any fraudulent behaviour or misconduct;
d) Your Profile has been compromised; or
e) we have reasonable grounds to suspect any of (a)–(d) above.
7.3 If we notify You of such termination:
a) You must immediately delete the App from all Devices in Your possession or control, or we may remotely disable or delete the App from them;
b) You must not access any other user Profile or register another Profile, or attempt to do so; and
c) You must not use the Beyon OneID Service again.
7.4 We may suspend or terminate the Beyon OneID Service or access to it, at our discretion, if we deem it necessary or prudent to do so:
a) in order to preserve the integrity and security of the Beyon OneID Service, the data collected from it, or any of our or an Entity's equipment or systems;
b) for legal reasons, including any change in the law;
c) due to circumstances beyond our (or any of our sub-contractors') reasonable control, including disruption to network connections or equipment, loss of ID Verifier services, denial of service, attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
d) in order to perform support or maintenance of any infrastructure, systems or software used by us, the or sub-contractors to provide the Beyon OneID Service.
7.5 We may suspend or terminate an element of the Beyon OneID Service if our access to any element of Beyon OneID Service that is provided by a third-party provider is suspended or terminated.
7.6 If we terminate or suspend the Beyon OneID Service, Your Profile or these Terms, You may not be able to use the Website or the App at all, or such use may be restricted, or You may not be able to access Your Profile.
Termination by You
7.7 You are under no obligation to continue using the Beyon OneID Service. If You no longer wish to use the Beyon OneID Service, You may uninstall the App from all Devices linked to Your Profile, and decline any offer to use the Website if such an offer is made by a participating Entity.
No limitation of other rights
7.8 Termination pursuant to this clause 7 will not affect any rights or remedies which either or us may have otherwise under this document or at law.
7.9 Nothing in this clause limits any right we may have pursuant to this document to modify the Beyon OneID Service, including by removing any features or to modify or cease offering the Beyon OneID Service or any part thereof.
8. Warranty and liability
8.1 You acknowledge and agree that:
a) the Beyon OneID Service and the Website are provided on an 'as is' and ‘as available’ basis;
b) unless otherwise specified in these Terms or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for the Beyon OneID Service or Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the Beyon OneID Service;
c) the Beyon OneID Service and Website cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and
d) You use the Beyon OneID Service and Website at Your own risk.
8.2 Except as expressly provided to the contrary in these Terms, including clause 8.3, and to the full extent permitted by applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
a) the supply of a defective Beyon OneID Service;
b) a failure to provide the Beyon OneID Service or any part thereof;
c) errors or interruptions occurring in the course of using, or as part of, the Beyon OneID Service or Website;
d) corruptions to or loss of data in connection with the Beyon OneID Service;
e) any suspension or discontinuance of the Beyon OneID Service or Website;
f) any use of the Beyon OneID Service by other users or any Entity, including any use in a manner which contravenes these Terms; or
g) a breach of these Terms.
8.4 You acknowledge that You have exercised Your independent judgment in acquiring the Beyon OneID Service and have not relied on any representation that we have made which has not been stated expressly in these Terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced.
You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of these Terms.
9. Privacy
9.1 You agree that we can collect Your Personal Data so that You can be provided with identity checking services, facilitated through the Beyon OneID Service. Without this information, Your ID Documents cannot be validated and the Beyon OneID Service and any related services cannot be provided.
9.2 We collect information when You use the Website or the App. For example:
a) we collect Personal Data such as Your name and address from You when You use the Beyon OneID Service;
b) we may collect information from an ID Document which You use to authenticate Your identity;
c) we may collect your email address for validation purposes;
d) when You use the Beyon OneID Service to verify Your identity, we, or our third-party provider may, collect information about this process, including the details of queries and responses submitted through a check.
9.3 If You use the App, we may also collect information about the Device that You use to access the App, such as physical location, operating system, settings and security protocols. We may use this information, and disclose it to us and service providers, to assist in providing the Beyon OneID Service.
9.4 You acknowledge that information about the ID Documents that You provide may be given to ID Verifiers such as the government of the Kingdom of Bahrain and other issuing authorities to confirm whether it matches information held by the authority or entity that issued the ID Document. You agree that the ID Verifiers can give us information about whether there is a match, and that we can use that match information in providing our identity checking services.
9.5 We will disclose Your information to some other third-party ID Verifiers (if relevant) to assist in the administration of the Beyon OneID Service and in order to verify Your details, and may collect some Personal Data from them.
9.6 Where You have consented to have Your identity checked for an Entity, we provide to the Entity some Personal Data that has been checked, which may include Your name, address, email address and date of birth, and whether a match has been confirmed by government ID Verifiers. We do not provide to the Entity copies of ID Documents, identification numbers used on ID Documents, or details of the authentication sources used to check Your identity, unless we have Your express consent. If we reasonably believe that any information provided to an Entity was or has become incorrect, misleading or out-of-date, we may inform the Entity and provide corrections or details of our concerns. You should check the privacy policy for each Entity before You agree for us to provide the Entiy with information about Your identity.
9.7 Where we check an ID Document, we will retain Your Personal Data and details from the ID Document as well as details of the check we performed and the result of the check for audit and assurance purposes. Any data stored by us will be encrypted with a key solely under Your control.
9.8 If You register a Profile:
a) we may store some information, including Your name, date of birth, email address and address, and ID Document numbers, in an encrypted form and will only share them with Your express consent in connection with Your future use of the Beyon OneID Service;
b) we may also store other Personal Data, information about the types of ID Document You have checked with Beyon OneID, and information collected from ID Verifiers for Your future use of the Beyon OneID Service;
c) when you add an additional ID Document to your Profile, we will use your Personal Data to compare the additional ID Document details against previously added ID Documents, to ensure that they match and to enable us to return an error message to You if they do not match;
d) some information may be stored on Your Device (for example, Your name so these can be displayed in the App to personalise Your experience).
9.9 You consent to us creating a unique biometric signature from the data collected from the Beyon OneID Service. For example, we may use Your unique biometric signature to complete your registration to the service and verify Your Profile Image by comparing it with other images or to reset/recover Your password reset. Your unique biometric signature we create will be stored in order to verify your Identity (this verification shall include without limitation any check required for approval of digital signing, or high value transaction). With the exception of governmental entities for which Your biometric signature may be shared to verify your identity against the existing database of citizens pertaining to these governmental entities, Your unique biometric signature will not be shared by us with third parties.
9.10 Following initial registration of a Profile, when checking an ID Document we will retain a record of Your Personal Data and details from the ID Document You provided us to carry out the check (such as ID Document numbers, your date of birth), so that you can access this information at a later date. You acknowledge and agree that the Personal Data you supplied to us to carry out a point in time identification verification was validated against sources that are not controlled by us. If the details of your ID documents have changed from the Personal Data you supplied to us when the check was fulfilled, and You wish to correct any details, You should engage directly with the custodians of that information (for example, a government entity).
9.11 Your information will be used to check Your identity for an Entity only with Your specific consent. You will give the consent to us through the Beyon OneID Service via the Website.
9.12 You hereby authorise us to disclose the information we hold about You and grant access to Your Profile to law enforcement and government authorities and agencies in accordance with their lawful requests.
9.13 We process and store Personal Data obtained as part of the Beyon OneID Service on our secure servers located in the Kingdom of Bahrain. Personal Data would only be likely to be processed outside the Kingdom of Bahrain if you authorise a foreign Entity to access Your information for Beyon OneID purposes, or where you seek to authenticate Your identity using a foreign-issued ID Document that we accept.
9.14 Your Personal Data will be collected and handled securely,
and only for the purpose of checking Your identity or facilitating that
checking process. Your Personal Data is handled in accordance with the Beyon Connect Privacy Policy and PDPL which outlines
how to access and/or correct Your Personal Data or make a privacy-related
complaint. For more information please visit https://www.beyonconnect.com/privacy-policy.
9.15 Your Personal Data (including any biometric data) will be stored at all
times with us and will only be used/processed for the purpose of verifying your
identity with participating Entities.
9.16 Your Personal Data (including any biometric data) will be deleted if You decide to terminate your profile and to no longer use the Beyon OneID Service. We may however continue to store your Personal Data (excluding biometric data) upon termination of your profile in order to verify the correctness of your application for the termination of Your Profile or otherwise in accordance with the data retention periods set out in the PDPL and the applicable laws and regulations of the Kingdom of Bahrain.
10. Intellectual Property
10.1 Beyon Connect and its licensors retain all right, title and interest in and to all Intellectual Property rights subsisting in the Website and Beyon OneID Service and any other Intellectual Property created in connection with these Terms or, subject to clause 4.2, Your use of the Beyon OneID Service. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of the Beyon OneID Service, without our express written consent.
10.2 These Terms do not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with the Beyon OneID Service, the Website and the App, and their functionality, features and content, or operate as a future transfer of any Intellectual Property owned by us any time thereafter.
10.3 You acknowledge that the Website and materials provided in the course of the Beyon OneID Service are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of these Terms undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights. Without limiting the generality of the foregoing, You specifically acknowledge that You must not copy the Website except as otherwise expressly authorised or acknowledged by these Terms.
11. General
11.1 Any disputes between You and any third party, including, without limitation, any Entity, are to be resolved solely between You and that party.
11.2 These Terms are governed by and are to be construed in accordance with the laws of the Kingdom of Bahrain. The Courts of the Kingdom of Bahrain are to have exclusive jurisdiction to enforce any arbitration award or any terms of settlement arising out of or in connection with this Agreement and each Party irrevocably submits and agrees to submit to the jurisdiction of Bahrain Courts.. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
11.3 If any provision of these Terms is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
11.4 All rights not expressly granted in these Terms are reserved.
11.5 We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
11.6 These Terms (constitute the entire agreement and understanding between You and us and supersede any and all prior communications, representations, agreements or understandings between You and us with respect to the subject matter of these Terms. You acknowledge and agree that You have not relied on any statement by us which has not been expressly included in this document.
11.7 You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Beyon Connect which consent can be granted or withheld in the absolute discretion of Beyon Connect. An assignment in breach of this clause 11.7 is intended by the parties to be void and of no force and effect, and constitutes a breach entitling Beyon Connect to terminate these Terms.
11.8 Beyon Connect can assign or otherwise transfer any of its rights or obligations under these Terms, including novation to a related body corporate, at its sole discretion on written notice to You (including notice via the Website or the App).
11.9 Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of these Terms: clauses 4, 5, 7.3, 7.8, 8, 10 and this clause 11.9. Each indemnity offered by You in these Terms is a continuing obligation, independent from the other obligations of the parties and survives the termination of these Terms. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity against You under these Terms.
12. Definitions
Definitions
12.1 When used in these Terms, the following words have the meanings given below:
App means the software application made available by Beyon Connect to access the Beyon OneID Service.
Beyon Connect, we, us and our mean Beyon Connect Company B.S.C. (c), a closed joint stock company incorporated under the laws of the Kingdom of Bahrain and operating under commercial registration number 142548-1, whose registered address is at Building 1425, Road 1095, Al Hamala 1014, Kingdom of Bahrain .
Device means an electronic device owned or controlled by You, such as a mobile phone or tablet, compatible with the App.
Beyon OneID Service means Beyon Connect's Beyon OneID service, the functionality of which is described in clause 2 of these Terms and as modified by us from time to time.
ID Document means an identification document eligible to be checked using the Beyon OneID Service, which may include an identification document issued by a government or other authority or entity.
ID Verifier means a government agency or other authority or entity engaged by Beyon Connect to verify the validity of an ID Document.
Intellectual Property means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
a) any related confidential information, trade secrets, know-how or any right to have information kept confidential;
b) copyright (including future copyright and rights in the nature of or analogous to copyright);
c) patents, designs, trade marks, service marks and other related marks; and
d) all associated goodwill,
whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
Entity means a corporate entity or organisation that has an arrangement in place with Beyon Connect to obtain verification of the identity of an individual who has made a request using the Beyon OneID Service.
PDPL means the Law No. 30 of 2018 (the Bahrain Personal Data Protection Law).
Personal Data has the same meaning as 'Personal Data' in the PDPL.
Profile means an account containing data about You and associated metadata in connection with the Beyon OneID Service.
Terms means these terms of use, as modified or replaced from time to time.
User Content has the meaning given to that term in clause 4.
Website means a website made available by Beyon Connect for You to access the Beyon OneID Service in accordance with these Terms.
You and Your means a user of the Beyon OneID Service.
Interpretation
12.2 In these Terms unless a contrary intention is expressed:
a) headings, highlighted or bold type do not affect the interpretation of this agreement;
b) the singular includes the plural and the plural includes the singular;
c) other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning;
d) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
e) a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 12.2(e) implies that performance of part of an obligation constitutes performance of the obligation;
f) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this agreement and a reference to this agreement includes any clause, annexure, exhibit and schedule;
g) a reference to a document (including this agreement) includes all amendments or supplements to, or replacements or novations of, that document;
h) a reference to a party to any document includes that party's successors and permitted assigns;
i) a reference to time is to time in Manama, Kingdom of Bahrain;
j) a reference to an agreement other than this agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
k) a provision of these Terms may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of this agreement or the preparation or proposal of that provision;
l) a reference to a body, other than a party to these Terms (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are m) transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and
m) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary.