TERMS AND CONDITIONS OF SERVICE

 

OVERVIEW

Hyperworks Technology Limited launches "Vaxx Pass", a proprietary Content Management System (CMS) that allows encoded data to be saved on Near Field Communication (NFC) e.g.; smart phones on both IOS and Android devices.

Vaxx Pass provides the means to digitally access your COVID-19 Vaccination Immunization Records at a moment’s notice worldwide. Hyperworks Technologies Limited operates this website via the Vaxx Pass Team, a subsidiary division of same.  Throughout the site, the terms "we", "us", and "our" referred to as the Vaxx Pass Team.

The Vaxx Pass Team offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service". You agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions, and policies referenced herein.

These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing and/or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services.

Please note any new features, tools merchandise of a like kind are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

However, we expressly reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

WHAT IS THE VAXX PASS?

 

The Vaxx Pass is a proprietary Content Management System (CMS) that allows encoded data to be saved on Near Field Communication (NFC) enabled products.  

This encoded data encompasses an individual’s Covid-19 vaccination record along with individual proof of identity. This data can be read through various means such as the use of an NFC enabled device, emails and URL links.

 

Hyperworks Technology Limited is the sole owner and distributor of Vaxx Pass in Trinidad and Tobago.

 

WHO IS THE VAXX PASS TEAM?

The Vaxx Pass Team is team of professionals from various disciplines dedicated to providing a safe and Covid 19 vaccination verification status process to aid in the adjustment to the new normal. Together our team has created an innovative and stylish wristband amongst other products that allows individuals to signify their vaccination status, allowing businesses, restaurants, offices to easily re-open and consumers to feel safe in public again in our new normal.  

 

WHAT DO WE RECORD?

The Vaxx Pass Team records the Ministry of Health (Trinidad and Tobago) issued Covid-19 vaccination records solely for the purpose of recording Vaccinations Status, subsequent booster shots and proof of identity that is controlled by you, the user, as to what data and your medical history is uploaded to your Vaxx Pass product.

This information is scanned in an electronic format accessible by both the vaccinated persons and third parties to verify your vaccination status via your digital copy of your Trinidad and Tobago issued Vaccination Card.

The Vaxx Pass Team intends that your Wristband is to be used in the same way as the Physical paper card to ensure continuity of care, or provide proof of vaccination received by an individual. This revolutionary departure from traditional paper card, which contains a NFC encoded tag storing the key details about the vaccinated individual, vaccine administered, date administered, in respect of COVID-19 immunization in Trinidad and Tobago, a digital representation of the traditional paper-based and is not a medical provider.

To order a Vaxx Pass product, you must up load to www.vaxxpasstt.com web portal, via its Vaxx Pass web interface, proof of identity, proof of vaccination and a copy of your Immunization card issued to individuals at the time of vaccination, signed and certified by the agents and servants doctor pf the Government of Trinidad and Tobago.

This information is uploaded to our secure server and stored with end-to-end encryption to ensure data privacy and security, and access is also protected with a 4-digit pin code that you create and remains within your knowledge.

This information is submitted purely on a voluntary basis, and requires individuals over the age of 18, to provide the following information namely:

  1. First name, last name;
  2. One passport size photo;
  3.  Name of vaccination administered;
  4. All dates of vaccination;
  5. Booster shots, where applicable;
  6. A passport size photo of an individual;
  7. True and correct copy of your Trinidad and Tobago Ministry of Health COVID-19 vaccination card;
  8. One forms of national identification;
  9. Your current physical address (for delivery);
  10. A telephone and/or cell phone contact; and
  11. Email address, where necessary.

The purchase of a Vaxx Pass product, together with the uploading of your immunization record, expressly certifies that all personal information, records of vaccination, and the photo of the Trinidad and Tobago Ministry of Health COVID-19 Vaccination Card, proof of identity provided to the Vaxx Pass Team upon order are true and correct to the best of your knowledge.

You also agree to the following Terms & Conditions by uploading a copy of your Trinidad and Tobago Ministry of Health COVID-19 Vaccination Card and certify the following:

"I hereby certify that all of the above personal information, records of vaccinations, and the photo of the COVID-19 vaccination documentation are true and correct to the best of my knowledge. I understand that it is my responsibility, and not the Vaxx Pass Team's, to ensure that the information I have submitted in conjunction with this purchase is correct and that any responsibility, including legal liability, should I furnish information that is incorrect or inaccurate is mine entirely.

I also understand that the Vaxx Pass Team cannot certify that I am immune from COVID-19 or cannot acquire or transmit COVID-19.

Immunity or lack thereof from COVID-19 is an individual medical issue, and all questions regarding my immune status must be directed to my physicians and/or those who performed my vaccination.”

The Vaxx Pass will not be provided to the individual unless a valid Trinidad and Tobago Ministry of Health COVID-19 Vaccination Record Card is submitted to and approved by the Vaxx Pass Team. 

 

 CONFIDENTIALITY AND PRIVACY OF YOUR MEDICAL DATA

Upon your upload of the information, each individual acknowledges and expressly accepts and consents that their vaccination information can be accessed by scanning the NFC product and inputting the unique PIN code established by the individual and the individual alone.

By submitting your Trinidad and Tobago Ministry of Health COVID-19 Vaccination Record Card, is committed to the following Privacy Principles in accordance with the Data Protection Act of Trinidad and Tobago, will guide the same:

  1. The Vaxx Pass Team shall be responsible for the personal information submitted by individuals under its control and only that information;
  2.  The purpose for which the information is collected shall be for records the vaccination certificates are immunization records in an electronic format;
  3. Notice, knowledge and consent of the individual are required for the collection, use or disclosure of personal information; and
  4. The Vaxx Pass Team is committed to non-disclosure of medical records of individuals who are desirous of using the Vaxpass products and/ or their digital wristbands and remains the property of the individual submitting, who by submission certifies and verifies that the information shall be accurate, complete and up-to-date as is necessary for collection.

 

CERTIFICATION AND VERIFICATION

The Vaxx Pass Team certifies the extent of the information disclosed that this individual has been through the above certification process.

However, the Vaxx Pass Team defers to medical authorities the effects of the vaccine in conferring immunity and/or ability or inability to transmit the virus.

The Vaxx Pass Team will, in good faith, determined that the individual has completed the process described above.

 

IMMUNITY FROM DATA LEAKS  

In the event of data leaks, the Vaxx Pass Team undertakes to cooperate fully with the Customer and law enforcement agencies and regulatory authorities to investigate, remediate, and mitigate the effects of the Personal Data, Security Breach, and take all appropriate corrective action to provided notice all persons whose Personal Data may have been affected by the Security Breach.

The Vaxx Pass Team shall be identified for any loss or damage of such leaks where such leaks result from elements or third parties beyond their control or, are not reasonably foreseeable.

 

FORMATION OF THE CONTRACT

Our website will guide you through the steps you need to take to place an order with us.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process. After you place an order, you will receive a notification that your order has been submitted to Vaxx Pass. 

However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email that confirms that your order has been accepted ("Order Confirmation"). 

The Contract between us will only be formed when we send you the Order Confirmation.  

In the event that the Vaxxpass team cannot supply you with some or all of your order, for example because the goods are not in stock or are no longer available or because we cannot meet your requested delivery date. In that case, we will inform you of this by email, and we will not process your order.

However any third party documentation is for educational purposes and the Vass Pass team is not responsible for the truth of the contents of any third party links nor is the Vaxx Pass team responsible for any loss and damage, and /or the truth of the contents of these third party links.  

The Vass Pass team expressly reserve the right to amend these Terms and Conditions from time to time by uploading a revised version to the website. Every time you wish to order goods, please check these Terms to ensure that you are familiar with the most up-to-date version and understand the terms that will apply to your purchase.

 

DESCRIPTION AND PRICE OF GOODS

The description and price of the goods ordered will be shown in the online shop when the order is placed and described herein.

All goods are subject to availability. As described in the clause above, if on receipt of your order the goods are not available or in stock, the Vaxx Pass Team will inform you by email or by telephone as soon as possible and offer you an alternative timeline for delivery and/or refund or direct deposit online or otherwise.

Every effort will be made to ensure that prices shown on the website are accurate when your order is placed, but we cannot guarantee price accuracy in every case. If the goods you have ordered were incorrectly priced, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, The Vaxx Pass Team will refund or re-credit any sum that has been paid by you or debited from your credit or debit card for the incorrectly priced goods.

In addition to the price of the goods, you may be required to pay a delivery charge for the goods, as shown in the "Buy Online" section of The Vaxx Pass Team website. This charge will be brought to your attention after your order for the goods based on proximity. We will always ensure that before your Vaxx Pass product is dispatched, the total price that you have to pay (inclusive of delivery charges) will be sent to you for confirmation.

The price of all goods and delivery charges are inclusive of VAT.

 

PAYMENT

Payment for the goods and delivery charges can be made using any of the methods shown on the website when you place your order. Payment is taken once “Order Confirmation” has been sent to you.

Your data is handled according to applicable Data Protection Laws of Trinidad and Tobago in force and in accordance with the information in the privacy statement.

If you fail to meet the due dates for payment under the Plan, the Vaxx Pass Team reserves the right to pass your details to its credit control Team, which may include its appointed third-party debt collection agency to recover any money due from you.

 

DELIVERY

Goods ordered will be delivered to the exact address you give when you place your order. Deliveries cannot be made outside of Trinidad and Tobago at this time.

If no one at the given address can accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 14 days of your order.

However, the Vaxx Pass Team will not be liable for any loss or damage suffered by you through any unavoidable delay beyond our reasonable control or does not arise due to our negligence. If there is a delay, we will inform you about it as soon as possible. We will endeavour to deliver your order in line with your specified requirements. You will receive an email when your order has been processed and despatched.

Our carrier will attempt delivery up to three times. If our carrier is unsuccessful with all three delivery attempts, the shipment will be held at the carrier's facility for five days before returning to The Vaxx Pass Team. If you cannot accept delivery when it is attempted, our carrier will leave a 'missed delivery card/email' with your tracking number and date of attempted delivery. You will be communicated to by telephone and/ or via email, as to collection will be communicate by our Vaxx Pass support team, to arrange rescheduling and/ or pick up.

 

LIMITATION OF LIABILITY

The Vaxx Pass Team shall not be liable for any losses that were not reasonably foreseeable when entering into a contract with Hyperworks Technology Limited.

In any situation not expressly set out in these terms and conditions in particular in instances of liability not covered herein expressly, the Vaxx Pass Team will not be responsible for any loss that could not have been expected to occur in advance of the loss occurring and/ or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).

All goods supplied via this website are warranted to be free from material manufacturing defects. This warranty shall last for either 30 days warranty on the physical product from the date of delivery, subject to your continuous duty of disclosure in relation to your Vaccination record and/ or medical history, in respect of COVID-19 vaccinations and boosters.

This guarantee does not apply to Consumable Parts (regardless of the length of the guarantee offered) or any defect in the Goods arising from fair wear and tear but does apply to misuse; blockages; wilful damage; accidental damage; careless operation; negligence by you or any third party; use otherwise than as recommended by the Vaxx Pass Team.

If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Vaxx Pass Team. You can do this in writing at the address or email address shown below or via the Vaxx Pass Team Customer Support at 1 (868) 480-8299.

In certain cases, The Vaxx Pass Team may not provide the goods or carry out some of its other duties under contract because of something beyond The Vaxx Pass Team's reasonable control. This could include war, an act of terrorism, shortage of materials, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident and pandemics that the Vaxx Pass Team has no control over. If this happens, then The Vaxx Pass Team will not be responsible for so long as the effects of the event continue for any failure to provide the goods. The Vaxx Pass Team will continue to provide the goods as soon as possible despite any such events.

Please note that the Laws of Trinidad and Tobago govern these Terms. This means a contract for the purchase of goods through our website, and the Laws of Trinidad and Tobago will govern any dispute or claim arising out of or in connection with it. It is agreed that in matters of conflict the laws of Trinidad and Tobago will have exclusive jurisdiction, and mediation and/or arbitration will be the first avenue of redress of any disputes arising in respect of the same. In circumstances which may not, or cannot be resolved by compromise and agreement, the High Court of Trinidad and Tobago shall have exclusive jurisdiction.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of the majority or you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction including, but not limited to the Copyright Laws and Data Protection Laws of Trinidad and Tobago).

 

CONDITIONS OF SERVICE

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your personal information discloses it may not be transferred unless encrypted, and by entering this website, you have will have deemed to have consented to provisions contained herein.

Credit card information is always encrypted during transfer over networks.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and timely sources of information.

 

 We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES

The Vaxx Pass Team products and /or services may be available exclusively online through the website at this time.

We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit the quantities of any products or services that we offer.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

 

CAVEAT

The NFC device has of estimated shelf life of 10 years commending on date 31st October 2021.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

At our sole discretion, we may limit or cancel quantities purchased per person, and household. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to refuse any order you place with us.

You agree to promptly update your account, upon a material change, and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services and/or merchandise shall also be subject to these Terms of Service, as applicable.

 

PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the Vaxx Pass online store portal with end to end encryption.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We expressly reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USE.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content inter alia:

(a) For any unlawful purpose;

(b) To solicit others to perform or participate in any unlawful acts;

(c) To violate any international, regional and local laws of Trinidad and Tobago or regulations, rules, laws;

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) To submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) To collect or track the personal information of others;

(I) To spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) For any obscene or immoral purpose; and

(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may cancel the Service at any time, without notice from time to time.

You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Vaxx Pass Team, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Vaxx Pass Team and our parent Hyperworks Technologies Limited, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

SEVERABILITY

Suppose any provision of these Terms of Service is determined to be unlawful, void or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

In our sole judgment, if  you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Trinidad and Tobago.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:support@vaxxpasstt.com  telephone number 480-8299.