Terms of Use

Welcome to KYC Management’s Online Portal provided by KYC Management Limited (“KYC Management”) (together, “we”, “us” or “our”).

KYC Management’s terms of use are our contract with you. They include our commitment as a service provider and your obligations as a customer.

Introduction

Welcome to KYC Management! We’re excited to have you here but before you start using KYC Management, we need you to look through and accept these terms.

These are your legal rights and obligations, so please read everything. If you can’t agree to our terms, then you can’t use our services.

If you still have questions or comments after you’ve read these terms, please contact support@kyc.management to get in touch. We’d love to help.

About us

When we say KYC Management, we, our or us, we’re talking about KYC Management Limited.

The KYC Management’s Online Portal allows you to login to your Account and access our services which includes the following:

  1. anti-money laundering and counter terrorist financing and know your client (“KYC”) products and solutions; and
  2. any other services provided by us from time to time,

(together, the “Services”).

Accessing the Online Portal

Our website is located at “https://kyc.management/”.

Your account can be accessed through any type of device including a computer, mobile phone, tablet or console that meets the minimum specifications required to use the Online Portal or Account (“Device”).

Customers

You are a “Customer”, “User” or “you” or “your” in these Terms of Use if you access and/or use the Services on any Device. It also means any entity or firm you’re authorised to represent. By creating an Account and registering to use the Services you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a Customer.

Eligibility

In order for a User to be eligible to use our Services, the User must:

  1. be an individual who is at least 18 years old;
  2. have full legal capacity and power to enter into these Terms of Use and to access and use the Services in the manner contemplated by these Terms of Use;
  3. have a valid and verifiable email address and a mobile telephone number;
  4. warrant that the User intends to use these Services exclusively for business use and not use any part of the Services for any household, personal or domestic use whatsoever; and
  5. provide their real name and true and correct personal details which may be subject to our verification of identity check.

By agreeing to these Terms of Use, you represent and warrant that you are eligible to use the Services and you will not use the Services (or cease using the Services immediately) if you are not eligible to do so at any time.

Legal nature of these Terms of Use

These Terms of Use form a binding legal agreement between us, our successors and assignees, and each User. The Terms of Use explain our obligations as a service provider and the User’s obligations as a consumer of the Services. By using the Services, each User understands and agrees to comply with and be legally bound by these Terms of Use. Please read these Terms of Use carefully before accessing and/or using any of the Services.

If any of the above is not correct, or if the User does not agree to these Terms of Use, the User is not permitted to access or use any of the Services.

These Terms of Use may be amended from time to time by prior electronic notice to you. Use of the Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. We recommend that each User reviews the current Terms of Use, before continuing to use the Services.

Privacy Policy

Your privacy is very important to us. These Terms of Use supplement and incorporate our Privacy Policy. Please refer to our Privacy Policy (a copy of which either has been provided or can be accessed here) for further information about how we collect, use, store, process and disclose your personal information.

Definitions and Interpretation

All capitalised terms in these Terms of Use have the meaning given to that term in the Schedule “Definitions” unless the context requires otherwise.

1. Registration to use the Services

In this section, we explain how you can register or subscribe to the Online Portal and access the Services.

1.1 Registration process and identity verification

  1. In order to set up an Account and access the Services, you must first register as a user of the Services.
  2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide corporate information about your professional firm (such as company information or contact details), including (without limitation) your:
    i. company name;
    ii. email address of the authorised user(s);
    iii. mobile phone number of the authorised user(s); and
    iv. any other information that may be requested by us as part or in connection to the registration process.

1.2 Creating your Account

  1. Your Account will be created once you have provided us with all the information required for us to register you for the Services.
  2. By registering for an Account, you acknowledge you have accepted these Terms of Use, Privacy Policy and any other policies on our Site.
  3. You will be asked to provide an email address for your Account. You may then access your Account using a passwordless authentication service.

1.3 Acknowledgement and consent to these Terms of Use

You acknowledge that these Terms of Use, Privacy Policy and any other policies on our Site are binding, and you affirm and signify your consent to these terms, by either:

  1. clicking on a button to sign in to our Site or checking a checkbox for the acceptance of these terms; or
  2. registering to, using or accessing the Services, additional Services, Sites.

If you do not agree to comply with, and be bound by, these terms or do not have authority to bind your employer or any other entity (as applicable), please do not accept these terms, or access or use the Services or the Sites.

2. Services

As we offer a variety of Services and we continue to create and offer new Services, this section outlines the full list of Services offered and how they are provided.

2.1 List of Services

You can access the following Services through the Online Portal:

  1. our online anti-money laundering and counter terrorist financing and KYC product; and
  2. any other Services provided by us through the Online Portal from time to time.

2.2 Scope of the Services

  1. Details in respect of each of the Services are as set out in the Online Portal or otherwise as provided by us to you from time to time.
  2. If there are any conflicts between the details of the Services as set out in the Online Portal, these Terms of Use and the scope of the Services provided by us to you from time to time, the following order will apply in respect of any such conflict:
    i. firstly, the scope of the Services provided by us to you;
    ii. secondly, the scope of the Services set out in the Online Portal; and
    iii. thirdly, the scope of the Services set out in these Terms of Use.
  3. You acknowledge and agree that the scope of each of the Services may change from time to time without warning or notice. As such, you:
    i. must review the scope of the Services prior to each request for the provision of any of the Services as they may differ from any previous requests and/or provisions of such Services; and
    ii. agree that the scope of the Services will be such scope of Services as set out at the time of the request for the provision of such Service.

3. Disclosure of personal information

As part of the Services, we may collect personal information. This section describes how we do this and what we do with this information.

3.1 Privacy

Any personal information provided by a User to us will be collected, used and stored in accordance with our Privacy Policy as available here.

3.2 Payments

By using our Services and/or providing us with any of your personal information (including payment details to make a payment), you acknowledge and consent to us disclosing some or all of your personal information to Account in accordance with our Privacy Policy and in accordance with local data protection laws. Please refer to our Privacy Policy which deals with the disclosure of your personal information to Account.

4. Intellectual Property

As part of the access to the Online Portal and the provision of the Services, you will have access to our intellectual property. This section details your rights and obligations in respect of the intellectual property that you will have access to and any intellectual property that is created.

4.1 Our Intellectual Property

  1. All Intellectual Property Rights subsisting in the Online Portal or the Services, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world whether created before or after the date these Terms of Use and whether used or contained in any of the Online Portal or the Services, is owned, controlled or licensed to us (or its affiliates and/or Third Party licensors as applicable) (collectively referred to “Our Intellectual Property”).
  2. Nothing in these Terms of Use constitutes a transfer of any Our Intellectual Property.
  3. Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder or Intellectual Property owner.

4.2 Your Intellectual Property

  1. As part of the provision of the Services, we may use your Intellectual Property. If we do, you grant to us a non-exclusive licence to use your Intellectual Property which is required to be used for us to deliver the Services.
  2. You represent and warrant to us that:
    1. you are the sole legal and beneficial owner of your Intellectual Property used by us as part of the delivery of the Services and that no third party has any rights, entitlements or interests (either directly or indirectly) to such Intellectual Property;
    2. your Intellectual Property is not in breach or infringes any third party Intellectual Property Rights; and
    3. our use of your Intellectual Property will not result in the infringement of the proprietary rights of any third party.
  3. You acknowledge and agree to indemnify and hold us, our officers, employees and agents harmless against any Claims, actions, demands, proceedings, liabilities, damages, costs and expenses (including legal costs on a solicitor own client basis) howsoever arising, paid, payable, suffered or incurred by the Licensee as a result of, or in connection to, any act or omission of you or any of your officers, employees and agents in respect of any of your Intellectual Property which is used by us in the delivery of the Services, other than to the extent that our actions or omissions caused or contributed to such damages, costs or expenses.

5. Data

We may use and collect your data in the course of your use of the Online Portal and the provision of the Services by us to you. Our privacy policy has all of the key details of how we collect, process, store and use your personal information.

  1. You agree that we may collect, process, use, disclose, store, and back-up your Data for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to provision of services to you or any User).
  2. Where we collect, process, use, disclose, store, and back-up any of your personal information (including any of your Data) we will do so in accordance with our Privacy Policy.
  3. We will handle any request from you to delete your Data in accordance the Privacy Policy.

6. Third Party Applications and Your Data

To help make your experience better, we may include access to Third Party applications through the Online Portal.

  1. If you enable Third Party applications for use in conjunction with the Services, you acknowledge that we may allow the providers of those Third Party applications to access your Data as required for the interoperation of such Third Party applications with the Services.
  2. You agree that where you use any Third Party applications or services to interact with our Services in any way, you do so at your own risk and on the understanding that we are not responsible for any claims or loss arising out of, incidental to or in any way related to (either directly or indirectly), your use of such Third Party applications or services and/or the interaction of such Third Party applications or services with the Services.
  3. We may provide offers, marketing communications and targeted advertising to you on an ongoing basis by telephone, electronic messages (e.g. email), websites, social media and our Site, and by other means. These communications may relate to the products and services we, Third Parties and our related bodies corporate (“Participants”) provide, and other products which we think may be of interest to you. You can at any time to opt out of electronic direct marketing communications from us via your email marketing preferences. You can also use the unsubscribe facility provided in our electronic marketing communications. If you elect to opt out, you will still receive service-based communications relating to our Services subscription and Account, as well as other information that we are required to send you by law, such as changes to our terms and conditions and notifications relating to your transactions. To opt-out of any marketing communications received from Participants, you can use the unsubscribe facility provided in the Participant’s electronic marketing communication.
  4. In partnership with media, technology and advertising companies, we may provide aggregated audience segments to advertisers or Participants which are based on de-identified member data. This enables advertisers to provide you with more personalised and targeted advertising when you use our business partners’ websites, social media and other platforms. We also provide Participants and advertisers with anonymised analysis, reporting and insight services related to their use of our data for advertising. We do not share any of your Personal Information with partners or advertisers in connection with these advertising services. We may receive cookie data, device information or other anonymous identifier information from our partners to enable us to provide these services. In some cases, we may be able to connect this data back to individual we members, meaning that we will handle this data as Personal Information in accordance with this Privacy Policy. We do not retain or store this data for longer than is necessary for us to provide services to our partners and advertisers, and we do not use this data for any other purpose.

7. Your rights and obligations

This section details what your rights and obligations are as you access and use the Online Portal and the Services.

  1. By registering an Account you will have the right to use the Services in accordance with these Terms of Use for as long as you hold that Account and the access to such Account has not been suspended or terminated by us for any reason.
  2. You acknowledge and agree that at the time that you apply to create your Account and each time you access and use any of the Services, you will:
    1. carefully and diligently review the forms and documents that have been produced and will seek independent third party advice (as may be applicable) from a relevant experience and qualified person as to the accuracy and adequacy of the forms and/or documents before you proceed to provide these forms to any Third Party or before signing or lodging any forms;
    2. not hold us liable whatsoever for any Claims that any authorised officer, director, company or you may be liable as a result of or in connection to the Services (except to the extent that our actions or omissions have contributed to such liability);
    3. be eligible to establish an Account and use the Services;
    4. use the Services only and exclusively as permitted in accordance with these Terms of Use;
    5. ensure at all times that all details that are uploaded to the Online Portal are accurate, true and correct;
    6. must provide all information that may be requested by us and/or the Professional Firms from time to time in connection with our delivery of any of the Services;
    7. not provide us with any information that is incomplete, false, inaccurate or misleading when using the Services in any way including but not limited the information provided to register your Account;
    8. ensure any information about you, including your contact details, is accurate, current and complete. If your information changes, you must update it through your Account;
    9. not use the Services for any fraudulent, improper or unlawful activity;
    10. cooperate fully with us to investigate any reported or suspected unlawful, fraudulent or improper activity;
    11. not permit others to use your Account;
    12. not use any technology to damage, intercept, download, scan, skim or otherwise interfere with the Services, the Online Portal or the Site;
    13. not attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a Third Party, that Third Party’s computing systems and networks;
    14. immediately contact us if you believe your Account may be subject to unauthorised access and unauthorised actions;
    15. not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other person to use the Services;
    16. provide your own Device and other access facilities (including terminal, software, internet access, modem and telecommunications facilities) necessary for utilising the Services;
    17. keep your Account details, email address and email login details confidential;
    18. not disclose your email login details to any Third Party and you will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions;
    19. take sole responsibility for any activities or actions under your Account, whether or not it has authorised such activities or actions;
    20. acknowledge and confirm that you have accepted and will comply with (a) any terms and conditions (which may be amended from time to time) and (b) any written agreements (which may be updated or superseded from time to time), of any Third Party or third party platform that are used by us in connection with the Services;
    21. not reproduce, make error corrections to or otherwise modify or adapt the Services or Online Portal or create any derivative works based upon the Services or Online Portal (including but not limited to copying, editing, amending or re-using the code and/or functionality of any of the Services);
    22. not de-compile, disassemble or otherwise reverse engineer the Services or Online Portal or permit any Third Party to do so; and
    23. not modify or remove any copyright or proprietary notices on any of the Services.

8.User’s Acknowledgements

In your access and use of the Online Portal and the Services, there are various important acknowledgements that we require from you which are detailed in this section.

8.1 Use of the Services

  1. By accessing and using the Services, you acknowledge that:
    1. the Services are only to be used for their intended business purpose and for no other purpose;
    2. all information provided to us and/or the Professional Firms is accurate and correct and absolutely free of any errors or omissions;
    3. where applicable, all other parties which may be effected by the use of the Services have provided their written consent to such effect and such consent has not been revoked at any time prior to the use of the Services;
    4. if at any time the information that you have provided to us and/or the Professional Firms becomes incorrect or inaccurate, you will immediately inform us and/or the Professional Firms in writing of such incorrection or inaccuracy and provide the corrected information;
    5. all Personal Information (as defined in our Privacy Policy) that has been provided is current and accurate and if any such information changes, you will immediately update such information within the Online Portal or provide us and/or the Professional Firms notification of such changes in writing;
    6. any use of the Services is subject to and conditional upon any applicable laws and regulations and any regulations, rules, rulings or directions provided by any governmental agency;
    7. any email portal or email system approvals or WhatsApp messages set-up, policies and/or protocols have been established and/or approved to allow emails and WhatsApp messages to be sent by us and received by you; and
    8. we do not make any representation or warranty or will be liable whatsoever in respect of or in connection to the accuracy of any information, documents or material that is provided by any third party or the timeliness of the delivery or such information.

8.2 Third Party Providers

  1. The reports and information produced as part of the delivery of the Services may contain information sourced from Third Parties (“Third Party Report”).
  2. Third Party Reports are only intended for you or the User (as the case may be) and cannot be provided to, or relied upon, by any other person.
  3. If a Third Party Report contains information sourced from Third Parties, such information has been compiled by us solely by using information obtainable and accessible from third party departments and sources, including but not limited to information provided by government departments and agencies, (“Third Party Information”). We have relied solely on these departments and sources for the Third Party Information contained the Third Party Report.
  4. We prepare the Third Party Reports on the assumption that all Third Party Information obtained from the relevant departments and sources are accurate and correct. We have not independently checked, assessed or verified the Third Party Information contained in the Third Party Reports and as such, the information contained in the Third Party Reports may not be accurate and/or complete if any of the information obtained, sourced and/or accessed by us is not accurate and complete.
  5. The information contained in a Third Party Report has been sourced as at the date of the Third Party Report or such other date noted in the Third Party Report in respect of such information. As such, the information in a Third Party Report may be updated, changed, altered, corrected or amended after such date. We are not responsible or are engaged to notify you of any such updates, changes, alterations, corrections and/or amendments. If an update of the information contained in a Third Party Report is required, you or the User (as the case may be) will be required to order a new Third Party Report which will contain updates (if any) to the information contained in the earlier version of the Third Party Report.
  6. The Third Party Reports are not designed nor are intended to provide or purports to provide any advice, conclusions or any representations whatsoever including in respect of the adequacy of the entity or individual searched or any proposed or actual transaction in respect of or in connection to (either directly or indirectly) the entity or individual that is searched or that is the subject of the Third Party Report.
  7. To the fullest extent permitted by law, by engaging us to prepare a Third Party Report, you acknowledge and agree that:
    1. the Third Party Report does not constitute legal, financial, Accounting or any other form of professional services advice;
    2. we do not warrant or represent the accuracy, currency, completeness, reliability, timeliness, suitability or quality of any of the Third Party Information contained within the Third Party Report;
    3. under no circumstances will we be liable to you or the User (as the case may be) for any loss or damage suffered or incurred by you, the User or any other party as a result of the reliance on the Third Party Information contained in the Third Party Report including in circumstances where the Third Party Information is incorrect, inaccurate, defective, unsuitable, unreliable or has been superseded;
    4. your or the User’s (as the case may be) sole and exclusive remedy for our breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded, is limited to, at our option, either resupplying the Third Party Report or paying the cost of providing the Third Party Report again in respect of which the breach occurred;
    5. you or the User (as the case may be) will use your own expertise and judgement when considering the Third Party Information contained within the Third Party Report and you and the User (as the case may be) acknowledge and agree that we are not providing any advice or recommendation in respect of the Third Party Information or in any other respect in the Third Party Report; and
    6. you and the User (as the case may be) are responsible for ensuring the accuracy and completeness of any information submitted to us for the purposes of preparing the Third Party Report and under no circumstances will we be liable to you, the User or any other party for any loss or damage incurred, suffered or sustained by you, the User or any other party should any of this information be inaccurate, defective, unsuitable, unreliable or superseded.
  8. Under no circumstances do we accept responsibility or liability (either directly or indirectly) to any person other than you or the User (as the case may be) in respect of or in connection to the contents of a Third Party Report.

9. Our rights and obligations

This section details our rights and obligations in providing you with access to the Online Portal and the Services.

  1. Subject to these Terms of Use, we will provide you with access to the Services upon the establishment of your Account.
  2. We reserve the right to change, suspend, limit, remove, or disable access to any of the Services at any time without notice including suspending or terminating any User’s Account and your access to the Services if in our reasonable belief you have breached the Terms of Use or engaged in any fraudulent or negligent activities.
  3. Under no circumstances will we be liable for the suspension, removal, termination or disabling of access to your Account any such Services. We may also impose limits on the use of or access to the Services in any case and without any notice or liability.

10. Liability and Indemnity

This section outlines our and your liability and indemnities in respect of the Online Portal and the Services.

10.1 Indemnity

You agree to indemnify and hold us and our related bodies corporate, officers, employees and agents harmless ("Indemnified") from and against any action, liability, Claims, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of the Indemnified, whether directly or indirectly, in connection with:

  1. your breach or non-observance of any obligation you may have to us pursuant to these Terms of Use;
  2. your use or access of the Online Portal;
  3. any breach or inaccuracy in any representations or warranties made by you, including the warranties and promises contained in these Terms of Use;
  4. any wilful, unlawful or negligent act or omission;
  5. your failure to provide true, accurate and correct Data which is required to be provided by you in order for us to provide the Services;
  6. your failure to provide true, accurate and correct personal information for any purpose including but not limited to the provision of the Services and the personal information required in order to verify your identity;
  7. any violation, contravention or infringement of any applicable laws by a User; and
  8. any act, omission, neglect or default on the part of a User that results in a claim, liability or loss being brought by a Third Party against those indemnified,

except to the extent that our actions or omissions have caused or contributed to such liability, loss or damage.

10.2 Our Liability

  1. To the maximum extent permitted by law:
    1. all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded;
    2. we shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, we shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you or the User including losses of prospective profits or actual profits incurred by you or the User;
    3. we do not warrant or guarantee that the Services, or the server supporting the Services, are free from defects, viruses or other harmful components, or your access to the Services will be uninterrupted or error free;
    4. we will not be in any way responsible for the delivery and/or receipt of any emails and/or Whatsapp messages sent by us to any email address or telephone number if such emails and/or WhatsApp messages are not received by the recipient as a result of or in connection to any email portal, WhatsApp or system that may be in use or any email or WhatsApp approvals, policies and/or protocols that may be in place;
    5. we are not in any way responsible for any such interference or prevention of your use of or access Services which is caused or contributed to by a fault with your Device or by the systems (including public telephone services, computer networks and the internet) used by you to access the Service;
    6. we accept no responsibility for a User’s failure to provide true, accurate and correct information in connection with accessing or using the Services including but not limited to providing false information regarding the User’s identity, their personal information or source of funds / wealth;
    7. we accept no liability for the loss of Data where such loss is wholly or partly caused by factors beyond our reasonable control including, but not limited to, failure or fault in the hosted environment of the Services, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own Device or other access facilities; and
    8. we will not be responsible for any disclosure, use, modification or deletion of your Data resulting from any access by Third Party or third party platform providers, except if the modification or deletion is a caused by our act or omission.
  2. Nothing in these Terms of Use excludes, restricts or modifies any mandatory rights that you have under existing laws or regulations and codes as applicable in your jurisdiction. For major failures with the Service, you are entitled:
    1. to cancel your Service contract with us;
    2. to a refund for the unused portion; and
    3. you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
  3. To the maximum extent permitted by law, our total liability arising out of or in connection with the Services, the Online Portal or these Terms of Use is limited to resupplying any of the Services or a refund for the unused portion (which is capped at the charges directly related to those Services).

11. Miscellaneous

This section contains various additional items which are important to the access to the Online Portal and the Services more generally.

11.1 Feedback and Review

  1. From time to time, we may request that you provide us with feedback or reviews on the Services. You are not obliged to provide such feedback.
  2. You acknowledge and agree that:
    1. we, at our sole discretion, may determine whether such comments are published on our Site or any social media platform; and
    2. where you intend to post any negative review or comment with respect to our Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment.

11.2 Social Media and our Site

11.3 Dispute Resolution

  1. If there are any complaints from a User, we will aim to respond and provide a suitable solution within five (5) business days.
  2. If a User is not satisfied with our response, the User agrees to provide us with written notice specifying the nature of the dispute, what outcome the User wants and what action the User thinks will settle the dispute. The User and us agree to, within fourteen (14) days of our receipt of a written notice, meet (either in person or via teleconference) in good faith to seek to resolve the dispute by agreement between them.

11.4 Services Availability

Whilst we intend that the Services should be available twenty-four (24) hours a day, seven days a week, it is possible that on occasions the Services may be unavailable. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Services.

11.5 Our Rights

Any express statement of a right of ours under these Terms of Use is without prejudice to any other rights we may have including those expressly stated in these Terms of Use or existing at law.

11.6 Governing Law

The parties to these Terms of Use shall be bound by the laws of Hong Kong in relation to all matters arising (whether by contract, legislation, or other law) between the parties and the parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts and that any legal proceedings will be heard in these courts.

11.7 Severability

If any part or provision of these Terms of Use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Use will be binding on the parties.

11.8 Notices

  1. Any notice given under these Terms of Use by either party to the other must be in writing by email (other than in respect of any dispute) and will be deemed to have been given on transmission.
  2. Notices must be sent to:
    1. if by post, Unit 1601, 16th Floor, 118 Connaught Road West, Sheung Wan, Hong Kong; or
    2. if by email, “support@kyc.management”, or to any other address or email address notified by email to you by us.
  3. Notices to you may be sent via electronic messages, including email, WhatsApp, text message/SMS, or mobile push notifications, to the email address or numbers which you provided when setting up your access to the Services.

11.9 Rights of third parties

A person who is not a party to these Terms of Use has no right to benefit under or to enforce any term of these Terms of Use.

12. Schedule – Definitions

The Following words and expressions have the following meanings for the purpose of these Terms of Use and the provision of any Services in connection with the Terms of Use:

  1. “Accounts” means an account set up by you in order to use the Services on the Online Portal.
  2. “Claim” means a claim, action, proceeding, judgment or demand made or brought by or against a person, however arising and whether present, unascertained, future or contingent.
  3. “Confidential Information“ means the information that:
    1. is by its nature confidential:
    2. is designated by a person as confidential; or
    3. the recipient of that information knows or ought to know is confidential
    4. the Data;
    but does not include information:
    1. that is or becomes public knowledge otherwise than by breach of these Terms of Use or any other confidentiality obligation;
    2. that was obtained from a Third Party on a non-confidential basis without breach by that Third Party of an obligation of confidence concerning that Confidential Information; or
    3. was already in the possession of the Receiving Party when provided by or on behalf of the Disclosing Party.
  4. “Data“ means any data inputted by you or with your authority through the use of the Services and includes, without limitation, data owned or supplied by you or data which may otherwise be generated, compiled, arranged or developed by you in using the Services pursuant to these Terms of Use.
  5. “Device” has the meaning given in under the heading “How to access the Online Portal”.
  6. “Indemnified” has the meaning given to that term in section 10.1.
  7. “Intellectual Property” means all copyright (including moral rights), patents, registered and unregistered trademarks (including service marks), registered and unregistered designs, Confidential Information, circuit layout, inventions, trade secrets and know-how and all other intellectual property.
  8. “Intellectual Property Rights“ means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property, together with any right to apply for the grant or registration of same.
  9. “Our Intellectual Property” has the meaning given to that term in section 4.1(a).
  10. “Online Portal’ means the cloud-based software and Site owned and operated by us.
  11. “Services“ means any and all services provided by us through the Online Portal and any other website, mobile site or Online Portal operated by us from time to time.
  12. “Site” means the website operating from the domain at “https://kyc.management” or such other domains used by us from time to time for access to this site or any other sites or provision of any of our Services.
  13. “Terms of Use“ means these terms of use (as may be changed or updated without notice from time to time by us).
  14. “Third Party” means any third party which is needed for the Online Portal and Services to function, or has partnered with us to enable the Online Portal and Services to function, optimise performance and enhance the over all experience for Users of the Online Portal and “Third Party” has a corresponding meaning. These Third Parties include but are not limited to payment providers, payment gateways, analytics tools, marketing tools, cloud solutions, databases, verification of identity software provider and any other third parties set out in our Privacy Policy.
  15. “Third Party Information” has the meaning given to that term in section 8.2(c).
  16. “Third Party Report” has the meaning given to that term in section 8.2(a)
  17. “Third Party Marks” means trademarks owned by any person or entity other than us and which are used in connection with the Services.