- Introduction
- Definitions
- Website Terms of Use
- Our Services
- Accessing and using our services
- Modifications to Service
- Our Content
- Third Party Content
- User Generated Content
- Reliance on Information and Services
- Site Availability
- Limitation of our Liability to You
- Assignment
- Partnership and Agency
- Third Party Rights
- Changes to our terms
- Notices
- Waiver
- Termination
- Force Majeure
- The Effect of Termination
- The law that governs our services
- How do I make a complaint?
- Anything else I should know?
- Benefits
- Privacy and cookie policy
- Rules for the posting of user generated content
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 and 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.
KYC Due Diligence Services CC 2015/15179, ('KYC', 'we' , 'us' or 'our'), is the owner and operator of the KYC Service, an Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) service designed for entities required to comply with AML/CTF obligations and regulations.
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 Due Diligence Services CC 2015/15179, the owner and operator of the KYC service, an Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) service designed for entities required to comply with AML/CTF obligations and regulations.
“KYC” means KYC Due Diligence Services CC 2015/15179, the owner and operator of the KYC service, an Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) service designed for entities required to comply with AML/CTF obligations and regulations.
Website Terms of Use
These terms govern the use of the KYC website. These terms do not cover events organised or sponsored by KYC or any other AML/CFT services that KYC may provide outside of the scope of screening.
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@kycnamibia.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 1 August 2018.
Privacy Statement
We are committed to protecting your privacy. Authorised employees within KYC 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.
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, content, applications, and member discounts. By using these services either as a visitor or as a member, you may need to download software and/or 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 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
KYC 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 KYC 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 KYC 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 (this does not apply to any user generated content posted by you and in which you retain ownership rights, see the terms relating to user generated content below) 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.
User Generated Content
Users of our services may be given an opportunity to interact with us and submit, post and/or upload content (including comments). In posting your content, you confirm to us that you are the owner or have consent from the owner to post the content and that the content does not defame any person, company or business or violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.
You agree that you will indemnify us against any claim and our own costs in relation to such a claim which requires us to pay damages and/or costs to a third party as a result of any content posted by you.
By submitting content, you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any of the content that you post on or in connection with our services and you also irrevocably waive the benefit of any moral rights you may have in any such material. We do not claim any ownership rights in your content and you continue to retain all ownership rights in your content. If you believe that your rights have been infringed in relation to your content, please contact info@kycnamibia.com .
By submitting content, you also warrant that you have read and agree to be bound by our Rules for the Posting of User Generated Content which are incorporated in these website terms of use and govern all interactions with us.
We do not endorse any user generated content nor do we guarantee the accuracy or authority of any user generated content. We reserve the right to remove your content and to remove, suspend or discontinue your opportunity to submit, post and/or upload content, at any time and for any reason at our sole discretion and without further recourse to you.
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 the Republic of Namibia.
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;
loss of business opportunity, goodwill or reputation; or
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 KYC service.
Partnership and Agency
The provision by us of the KYC 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 KYC service in accordance with these terms shall unless otherwise stated be in writing and shall be:
delivered by hand or by pre-paid post or other next working day delivery service at our registered office.
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 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.
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 kycnamibia.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 KYC 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 KYC 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 Republic of Namibia and will be subject to the exclusive jurisdiction of the Republic of Namibia courts.
How do I make a complaint?
If you would like to get in touch with us to make a complaint, please contact us on:
info@kycnamibia.com;
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.
Benefits
Users of KYC will be able to access the benefits made available on the KYC website. Use of the website is governed by the conditions set out in these Terms of Use and the Privacy Policy insofar as they are applicable. Each benefit made available through the website is subject to the specific terms and conditions set out or referred to (if any) on the relevant benefit page. Benefits are personal to KYC clients and shall not be transferred. Users may opt out of benefits, although we will not pay you any refund if you fail to make use of any benefit.
How we may use your personal information
For details of how we will process your personal information, please see our Privacy Policy, which may be viewed at https://www.kycnamibia.com/privacy-policy
Rules for the posting of user-generated content
Our rules are designed to make clear our approach to community interaction at KYC, including moderation of comments and other content submitted by members.
In order to participate in and contribute to selected communities on the website you will be required to register with KYC. Any personal information supplied to KYC as part of this registration process and/or any other interaction with KYC will be collected, stored and used in accordance with our Privacy Policy.
We have the right to disclose your identity to any third party who in our view reasonably asserts that any content posted or uploaded to our site from your registered user account violates their intellectual property rights, or their right to privacy.
The views expressed by registered users on our site do not necessarily represent our views or values and we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by registered users of our site.
You agree to use the website (including discussion forums) in accordance with the following rules in relation to the content of any content appearing on our site which is generated and uploaded from your registered user account.
You warrant that any such contribution does comply with the rules set out below, and you will be liable to us and indemnify us for any breach of that warranty and will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site is non-confidential. By posting content you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
You are solely responsible for securing and backing up your content and should not rely on us to do so.
Rules for the posting of user generated content
Contributions must be civil and tasteful.
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
No advertising or promoting.
Contributions containing languages other than English may be removed.
No impersonation.
No inappropriate (e.g. vulgar, offensive etc.) user names.
URLs (web site addresses) can only be posted if not advertising or promoting.
No Content which abuses, threatens, promotes, or instigates physical harm or death to others, or yourself;
Posts must not infringe on any patent, trademark, copyright, right of publicity, or other intellectual property right of any party.
We retain ultimate editorial control.
We will refrain from publishing content that breaches these rules and may edit or remove a comment we feel has caused offence to our users. This is in the interest of keeping our community areas appropriate for the vast majority of the people who visit.
If a user seriously or repeatedly violates these guidelines, we will take whatever action necessary to ensure these violations are prevented from continuing and we reserve the right to remove, suspend or discontinue your opportunity to submit, post and/or upload content at our sole discretion and without further recourse to you.
At all times, we reserve the right to take actions that we think will benefit our users. We will always try to communicate any changes that affect our members, although this is not always possible.
We may amend these rules or any of our terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience.