Global Consumer Terms

1. About these terms

In these terms, Opefin, we and us mean Opefin Limited and any related company listed in Part 1 of the Global Privacy Policy that provides part of the service. You means the person using Opefin to verify their identity or to approve a request. A business means any organisation that asks to verify you or for information in your Opefin Passport. Your Opefin Passport means the record we keep for you, being your verified details together with anything else we hold for you under these terms, including documents you provide. The service means our identity checks, your Opefin Passport, the requests you approve and the platform you use them through. A service addendum means the addendum for an Opefin service a business uses, such as the Opefin Source Addendum.

These terms, the Global Privacy Policy, the Consumer Consent Disclosure Notice and any service addendum you agree to together make up the agreement between you and us. The Privacy Policy and the Notice explain how we handle your personal information, and if they and these terms differ on that, the Privacy Policy and the Notice apply. A service addendum applies to its service, and where it differs from these terms on that service, the addendum applies. Part NZ applies if you’re in New Zealand and Part AU applies if you’re in Australia. Where either differs from the rest of these terms, that Part applies.

You accept these terms by tapping Agree & continue on the Opefin Passport screen, and a service addendum by approving a request that uses that service. We keep a record of the version you accepted. The current version is at opefin.com/legal, and you can ask us for a copy of the version you accepted.

2. What Opefin is, and isn’t

We’re a data infrastructure company. We check identity documents and faces, keep your verified details for you as your Opefin Passport, and share information from it with businesses you approve, and with the providers they use to run these checks for them, including through Opefin services that package it for particular kinds of business.

• We aren’t a lawyer, bank, financial adviser, credit reporter or regulator.
• We don’t act as any business’s agent, we don’t carry out anyone’s legal obligations for them, and we don’t decide whether a business deals with you. The business makes its own decisions and is responsible for them.
• Our results, including your verification result, are information for the business. They aren’t advice to you or to anyone else.
• We aren’t accredited under Australia’s Digital ID Act 2024 and don’t present ourselves as accredited.

Your arrangement with the business that asked is separate from these terms, and these terms don’t change it. That business handles what it receives from us under its own privacy and legal obligations.

Your Opefin Passport is not an official document. It is not a government passport or travel document, and it is not issued, approved or accredited by any government or other authority. It is a collection of your verified information, kept with Opefin in one place because you chose to. No business has to accept it: each business decides for itself whether the information you share is enough for what it needs.

3. Who can use Opefin

• You must be 18 or over. If you’re under 18, please don’t use Opefin. The business can verify you another way.
• Only your own identity. Use only your own ID, face and details, and connect only bank accounts you’re entitled to connect.
• Acting in a role. If a business verifies you because of a role you hold, such as director, trustee or beneficiary, you confirm that what you tell us about that role is true. These terms still apply to you personally.
• One record per person. Don’t create a second record or verify under a different name.
• Only you can set up your Opefin Passport. Nobody can set one up for you, and we don’t accept an agreement given on your behalf, including by someone holding an enduring power of attorney, a guardianship order or a similar authority. If you can’t agree for yourself, the business can verify you another way.

4. How the service works

4.1 Your first verification

A business sends you a request. On the Opefin Passport screen, you tick the ID record check box and tap Agree & continue. On the request screen, you see what the business has asked for and approve or decline it. If you approve, you photograph your ID and take a short video selfie, and we run the checks set out in the Notice and any service addendum. We share with the business what the request screen shows, and with any provider that business uses to run these checks for it, and the business decides what happens next. A provider works for the business, not for us, and only for that business’s dealings with you.

4.2 Your Opefin Passport and later requests

We keep your Opefin Passport so that when another business asks to verify you, or for information in your Opefin Passport, you can approve it quickly instead of starting again. Each time, you see a request that names the business, why it’s asking and any Opefin service it uses, and nothing is shared with it unless you approve and your selfie confirms it’s you. If you don’t approve, or don’t answer, nothing is shared. How long we keep your Opefin Passport, and how you can ask us to remove your photos and stop sharing, is set out in the Privacy Policy.

4.3 Choosing another way

Using Opefin is your choice. A business that needs to verify you can usually do it in other ways, such as seeing your original ID in person. To go that way, contact the business.

4.4 Connecting your bank

If a request asks for bank information, you may be able to connect your bank through an open banking provider, or provide documents instead. A bank connection is a separate consent, runs under that provider’s own terms, and can be managed or ended through the provider or your bank. Ending it doesn’t undo analysis already done or information already shared, as the Privacy Policy explains.

4.5 Opefin services that package your information

Some businesses use an Opefin service that packages information from your Opefin Passport in the form they need and runs extra checks they ask for. Each has a service addendum at opefin.com/legal. When a request uses one, the request screen names it and links to its addendum, and approving the request agrees to it. The current service is Opefin Source, covered by the Opefin Source Addendum.

Where a business has verified your identity itself, it can ask us to set up an Opefin Passport for you. We contact you first, and the Opefin Passport is set up only if you agree. If you decline or don’t answer, we delete the contact details the business gave us, and the business can’t use Opefin for you unless you tell it otherwise. Declining doesn’t affect the work that business is doing for you.

5. Your account and security

• We set up an account for you when you complete your first verification.
• Keep your contact details up to date. We send requests from other businesses only to the contact details on your record.
• Keep request links, codes and access to your device to yourself.
• Tell us straight away at privacy@opefin.com if you think someone has used your identity, your documents or your account without your authority.

We send you messages about your checks, requests and record by email or text. These are service messages, not marketing, and they’re how you approve or decline requests, so they continue while you have an account.

6. What you agree to do, and not do

You agree to:

• give us information that is true, complete and up to date, and tell us if it changes;
• use only your own ID, face and details, and bank accounts you’re entitled to connect;
• answer any questions in a request truthfully, without hiding or misrepresenting anything; and
• follow any reasonable instructions we give for completing the checks.

You agree not to:

• use another person’s identity, ID, face or bank accounts, or help someone else do so;
• try to defeat or interfere with our checks, for example with photos of screens, masks, altered images, recordings or synthetic media;
• copy, reverse engineer, overload or disrupt the platform, or access it other than through the screens and links we provide; or
• use Opefin for anything unlawful, including fraud or misrepresenting your identity or finances.

7. Fees

Opefin is free for you. Businesses pay us for the information you approve and for the services they use. We don’t charge you for being verified, for approving requests or for using your privacy rights. If that ever changes, we’ll tell you before any charge applies, and you can choose not to go ahead.

8. Automated results, and reviewing them

Our checks and your verification result are produced by automated tools, including AI, and so are the outputs of any Opefin service a business uses. Like any automated process, they can be wrong. The business reviews anything unclear and makes its own decisions.

If you think a result is wrong, tell the business, or email privacy@opefin.com and we’ll check our record, correct anything that’s wrong and tell the business, as Part 12 of the Privacy Policy explains.

9. Other services we use

Parts of the service use other organisations, such as our identity verification provider, the issuers and official record holders we check with, a credit reporting agency for some New Zealand driver licence checks, and open banking providers. The Notice and the Privacy Policy explain what each does with your information. Where you deal with one of them directly, such as when you connect your bank, their own terms may also apply to that step.

Information held by others, such as issuers and official records, can itself be wrong or out of date. If we learn of an error that affects your record, we’ll correct our record and tell the business.

10. Intellectual property

We own, or are licensed to use, the platform, its software and design, and the reports and results we produce. These terms don’t transfer any of that to you. We give you a personal right to use the platform for verifying your identity and managing requests, for as long as you have an account.

You keep your rights in the documents and information you provide. You allow us to use them to provide the service, and as the Privacy Policy and the Notice describe.

11. Availability and changes to the service

We work to keep Opefin available, but it may be unavailable at times, for example during maintenance or when a system we use to run checks is down. We may change, add or withdraw features. If a change materially affects you, we’ll tell you before it takes effect.

12. Our responsibility to you

12.1 Rights you keep

Nothing in these terms excludes or limits any right or remedy you have under a law that can’t be excluded or limited by agreement, including the consumer guarantees in Part NZ and Part AU and your rights under privacy law. These terms apply subject to those laws.

12.2 What we’re not responsible for

To the extent the law allows, we’re not responsible for:

• a business’s decisions, including whether to deal with you, or how it handles information it receives from us;
• errors in information held by others that we check against, except to the extent we caused or contributed to them;
• loss caused by information you gave us that was false or incomplete, or by your breach of these terms;
• delays or failures caused by events outside our reasonable control, including outages of systems and networks run by others; or
• indirect or consequential loss, such as lost profits, lost opportunities or the loss of a transaction.

12.3 Limit on our liability

To the extent the law allows, our total liability to you for all claims arising from or in connection with these terms, any service addendum or the service is limited to NZ$100, or AU$100 if Part AU applies to you. This limit doesn’t apply to liability that the law doesn’t allow us to limit, including under the consumer guarantees and privacy law, or to loss caused by our fraud or wilful misconduct.

13. If you deliberately misuse Opefin

To the extent the law allows, you agree to make good any loss we reasonably suffer because you, deliberately or through gross negligence:

• give us false or misleading information;
• use another person’s identity, ID or bank accounts without their authority; or
• interfere with, or try to defeat, our checks.

This doesn’t apply to any loss to the extent we caused or contributed to it, and it doesn’t limit any right you have under the laws referred to in 12.1.

14. Stopping, suspending and ending

• You can stop at any time. You can decline any request, and you can ask us to remove your photos and stop sharing, or to close your account, in your account settings or by emailing privacy@opefin.com.
• We may pause or decline a check or request, or suspend or end your access, if we reasonably believe you’ve broken these terms, someone is using your identity or account without authority, there is a risk of fraud or harm to others or to the platform, or the law requires it. We’ll tell you why where we can, unless the law prevents it or telling you would defeat the purpose.
• If we stop offering the service, we’ll give you reasonable notice.

When your access ends, we keep and delete your information as the Privacy Policy describes, and copies businesses already hold stay with them. Parts 10, 12, 13, 17 and 18, and anything else that by its nature should continue, survive the end of your access.

15. Changes to these terms

We may change these terms to reflect changes in the law, in the service or in the providers we use, or for security reasons. If a change materially affects you, we’ll tell you at least 30 days before it takes effect, by email where we have your address and by a notice on the platform. If you don’t agree, you can stop using Opefin and ask us to remove your photos and stop sharing, at no cost. Other changes, such as corrections or updated contact details, take effect when we publish them at opefin.com/legal. If a change needs your consent under privacy law, we’ll ask for it separately. This Part also applies to service addenda.

16. Notices

We give you notices by email or text to the contact details on your record, or by a notice on the platform. You can give us notices by email to the addresses in Part 1.

17. Governing law and disputes

These terms are governed by New Zealand law. If something goes wrong, please contact complaints@opefin.com first, and we’ll handle your complaint as Part 14 of the Privacy Policy describes. The courts of New Zealand can hear any dispute. This doesn’t stop you bringing a claim in the courts of the country where you live, or using consumer or privacy laws that protect you there, as Part NZ and Part AU explain.

18. General

• Whole agreement. These terms, the Privacy Policy, the Notice and any service addendum you agree to are the whole agreement between you and us about the service.
• If part of these terms can’t be enforced, the rest continues to apply.
• Not enforcing a term straight away doesn’t mean we’ve given up the right to enforce it.
• Transfer. We may transfer our rights and obligations under these terms to a related company, or to a buyer of our business, which must honour them. We’ll tell you before it takes effect. You can’t transfer your rights or obligations under these terms.
• Others. Only you and we can enforce these terms.

This Part applies if you’re in New Zealand. It adds to the rest of these terms, and where it differs, this Part applies.

NZ 1. Consumer guarantees

Where the Consumer Guarantees Act 1993 applies to our service, it guarantees that the service will be carried out with reasonable care and skill (section 28), will be reasonably fit for any particular purpose you make known to us (section 29), and will be completed within a reasonable time (section 30). These guarantees can’t be excluded by agreement for consumers (section 43), and nothing in these terms, including Part 12, limits them.

NZ 2. Fair Trading Act 1986

We’ve aimed to make these terms fair. If a court declares a term unfair under the Fair Trading Act 1986, we won’t include, apply or enforce it (section 26A), and the rest of these terms continue.

NZ 3. Complaints and disputes

Please contact complaints@opefin.com first. If we can’t resolve your complaint, you can take a claim to the Disputes Tribunal, if it’s within the Tribunal’s limits, or to the courts. You can also complain to the Privacy Commissioner about how we’ve handled your personal information, as Part NZ of the Privacy Policy explains.

NZ 4. Bank connections

In New Zealand, bank connections run through an open banking provider you authorise, under its own terms and privacy notice. You can manage or end the connection with that provider.

This Part applies if you’re in Australia. It adds to the rest of these terms, and where it differs, this Part applies.

AU 1. Consumer guarantees

Our services come with guarantees that can’t be excluded under the Australian Consumer Law, including that they will be supplied with due care and skill (section 60), will be reasonably fit for any purpose you make known to us (section 61), and will be supplied within a reasonable time (section 62). A term that tries to exclude, restrict or modify these guarantees is void (section 64), and nothing in these terms, including Part 12, limits them.

AU 2. Unfair contract terms

Under the Australian Consumer Law, an unfair term in a standard form consumer contract is void, and the rest of the contract continues if it can operate without that term (section 23). We’ve aimed to make these terms fair and balanced.

AU 3. Governing law and courts

New Zealand law governs these terms, but Australian consumer and privacy laws that apply to you continue to apply, and you can bring a claim in an Australian court.

AU 4. Complaints

Please contact complaints@opefin.com first. You can also contact the Office of the Australian Information Commissioner about how we’ve handled your personal information, and the Australian Competition and Consumer Commission or your state or territory consumer protection agency about consumer law issues.

AU 5. Bank connections

Australian bank connections run under the Consumer Data Right through an accredited provider. You’re asked for a separate consent that sets out what data is collected, how it’s used and for how long, and you can withdraw it at any time through the provider or your bank.

AU 6. Who provides the service

Opefin Limited, a company incorporated in New Zealand, provides the service in Australia. If a related Australian company takes over any part of it, we’ll tell you and list that company in Part 1 of the Privacy Policy.