Website Terms of Use

These terms of use were updated 3 February 2022

For our Modern Slavery Statement please click here. 

 

1. Introduction

Our terms are designed to provide visitors to our website with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services. This ranges from website terms of use to providing details as to how we use your personal information.

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

Kyc360.com is a site operated by KYC Global Technologies Limited (“We, our, us”). We are registered in Jersey under company number 120738 and have our registered office at 6 Esplanade, St Helier, Jersey, JE1 1BX, Channel Islands. Our main trading address is 3rd Floor, Anley House, Anley Street, St Helier, Jersey, JE2 3QE, Channel Islands.

Definitions

In these website terms of use the following words and expressions will have the following meanings:

Our content means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials that we publish or post on or through our services.

Third-party content means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials published or posted on or through our services produced by third parties (e.g. news links).

Your content means any text, files, images, graphics, photos, video, sounds, musical works, or any other materials that a user posts on or through our services.

“Us, our, we” means KYC Global Technologies Limited, trading as KYC360, whose registered office is at 6 Esplanade, St Helier, Jersey, JE1 1BX, Channel Islands.

“KYC360” means KYC Global Technologies Limited, trading as KYC360 in so far as it owns and makes available the KYC360 website, or where appropriate the website at the URL address KYC360.com and the suite of information and other services offered through that website.

2. Website terms of use

Our website terms of use are important as they contain all the information you need to know about using our services, so please take a little time to read them and if you have any questions, please do not hesitate to contact us at info@KYC360.com and we will do our best to answer your questions.

We may revise these terms of use at any time by amending this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 11 June 2021.

Privacy statement

We are committed to protecting your privacy. Authorised employees within KYC360 on a need-to-know basis only may use information collected from you. We constantly review our systems and data to ensure the best possible service to you. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Please refer to our Privacy Notice for more details.

Our services

Our services are provided by and maintained by us for your information and continuing professional development. The services offered by us include news, features and content. By using these services you may need to download content and/or agree to additional terms. If you choose to participate in any of our services you will be bound by any applicable and additional terms as well as these website terms of use.

Your agreement with us includes these website terms of use and in addition our Privacy Notice and Cookie Policy, which set out the terms on which we process any personal data we collect from you, or that you provide to us and information about how your use of our services is monitored so that we are able to improve your user experience. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.

Accessing and using our services

KYC360 is open to all but is intended for business, and not consumer, use.

These terms of use constitute the sole basis on which you agree as a visitor to access and use KYC360 and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to their subject matter.

You acknowledge that: (i) you are aged 18 or over and of full legal capacity; and (ii) in accessing and using KYC360 you have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms of use.

You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You may link to our home page on a website that you control, provided you do so with our permission in writing (which may impose additional terms on you in relation to the website on which you propose to link) and do not suggest any form of association, approval or endorsement on our part unless that has been specifically agreed. You may in no circumstances create a link to any part of our site other than the home page.

We reserve the right to withdraw permission to a link without notice.

Modifications to service

We may, at our discretion change, remove, suspend or discontinue any aspect of our services at any time including the availability of any content (e.g. a community forum may be withdrawn) where we have a valid reason to do so.

Our content

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in and/or our licensor’s intellectual property whether for commercial or non-commercial use.

We grant our users a licence to access and use our services and intellectual property rights (subject to your ability to access our services as set out above) and to the following usage restrictions:

  • you may only use our services for your personal, private or internal commercial purposes subject to these terms; and
  • you must not commercially exploit, or sell any content appearing on our website or the services provided through it without first obtaining a licence from us or our licensors (which we may grant in our sole discretion and subject to the agreement of terms with you).
  • you may print off one copy, and may download extracts, of any page(s) from our site for your personal use or for internal commercial use within your business.
  • you may refer others within your organisation to content posted on our site.
  • you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • if you are in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

In consideration for the rights that we have granted you under these website terms of use, you permit us to provide advertising and other information to you, including permitting our third party affiliates to do the same.

Third-party content

Third-party content included as part of our services, is licensed to you either under these website terms of use or through such third party terms and conditions that will be made known to you as and when they become relevant.

We do not endorse any third-party content nor do we guarantee the accuracy or authority of any third-party content.

Reliance on information and services

We will always aim to provide you with the best service we can and will use our reasonable endeavours to update the information on our site. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

The information provided by our services is for information purposes only and does not constitute advice on which you should rely.

Some of the information provided by our services is supplied by third parties (for example, news links). We have no control over third-party content and we are unable to guarantee the accuracy of such third party content. You agree that you access any content at your own risk. Before relying on any information, whether it is from us or from our third-party partners, we advise you to verify the accuracy of such information.

Promotions and offers made to users of our site by third parties in the form of discounts or other benefits may be varied or withdrawn at any time, and we shall not be liable to you should this occur.

Site availability

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.

Limitation of our liability to you

You agree, that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of Jersey.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular we are not liable for:

  • any indirect or consequential loss or damage;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings; or
  • loss of business opportunity, goodwill or reputation


In so far as we may be liable to you our total liability to you in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising and including the acts or omissions of its employees, agents and sub-contractors), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in in connection with KYC360 shall be limited to the subscription fee paid by you for use of the KYC360 service in the previous 12 months.

You are responsible for the computer hardware and software that you use to access our site. You should use your own virus protection software. We will take reasonable steps to put in place and maintain firewalls, virus protection and other technical security measures but we will not be liable for any loss or damage caused by:

  • a virus;
  • denial-of-service attack;
  • or any material that may infect your computer equipment, computer programs, data or other material as a result of your use of
  • our site or downloading content on it, or on any website linked to it.

We assume no responsibility for the content of any websites linked to our site. We do not endorse those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Assignment

You may not, without our prior written consent, charge, sub-contract or deal in any other manner with all or any of your rights or obligations as a user.

We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations in relation to the provision of the KYC360 service.

Partnership and agency

The provision by us of the KYC360 service shall not operate to create a partnership between us, or to authorise you or us to act as agent for each other.

Third-party rights

No one other than you or us, or our successors and permitted assignees, shall have any right to enforce any of these terms.

Changes to our terms

We may amend these website terms of use at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services, so please ensure that you check our website terms of use frequently. By continuing to use our services after any changes are made, you accept those changes and will be bound by them. Any other variations to these terms must be agreed in writing between us.

Notices

Any notice or other communication given to us in connection with the KYC360 service in accordance with these terms shall unless otherwise stated be in writing and shall be:

  • delivered by hand or by pre-paid first-class post or other next working day delivery service at our registered office; or
    emailed to us at info@KYC360.com. 

Any notice or communication shall be deemed to have been received:

  • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
  • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after
  • posting or at the time recorded by the delivery service;
  • if sent by email, on receipt of an acknowledgement from us, with a read receipt or an automatic reply not constituting acknowledgement of an email message.

This provision does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

For the purposes of the giving of notice in accordance with these terms, “writing” shall not include email unless specifically stated.

Waiver

No failure or delay by you or us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Termination

We may terminate your use of www.KYC360.com if you commit a material breach of any these terms where that breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 14 days after being notified by email to do so.

Force majeure

We shall not in any circumstances have any liability to you if we are prevented from, or delayed in providing the KYC360 service by omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

The effect of termination

Any of these terms that expressly or by implication are intended to come into or continue in force on or after termination or cancellation shall remain in full force and effect.

Termination of the KYC360 service shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

The law that governs our services

These website terms of use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Bailiwick of Jersey and will be subject to the exclusive jurisdiction of the Jersey courts.

How do I make a complaint?

If you would like to get in touch with us to make a complaint, please use one of the following options:

by post to KYC360, 3rd Floor, Anley House, Anley Street, St Helier, Jersey, JE2 3QE, Channel Islands.

Anything else I should know?

We may at any time and at our sole discretion, terminate your usage of our tools and services upon reasonable notice, and upon no notice where we believe that we have serious grounds to terminate (for example, breach of these terms).

We may screen your name and address against credit reference and fraud prevention databases if you sign up to our products and services. By providing us with your details, you confirm that we may carry out these checks.

In addition to these standard terms, you will also be subject to any specific terms relating to the offers made available to our users from time to time. If you are found to be abusing the terms of any of our offers, we have the right to suspend and/or terminate your usage and/or offer agreement with us.

Our services are subject to the law of the Bailiwick of Jersey and to the exclusive jurisdiction of the Jersey courts.

Our tools and services are owned by KYC Global Technologies Limited, trading as KYC360 (whose registered office is at 95-97 Halkett Place, St Helier, Jersey, Channel Islands).

How we may use your personal information

For details of how we will process your personal information, please see our Privacy Notice, which may be viewed at:
www.kyc360.com/privacy-notice