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Know Your Customer Terms and Conditions for Online Purchase
- These Terms and Conditions form a legally binding agreement between you (the individual or legal entity, herein referring to as “you” or “your”) and us (Know Your Customer Limited, herein referring to as “we” or “us” or “our”). You acknowledge and agree that these Terms and Conditions apply to any purchases you may conduct on our website (knowyourcustomer.com) (“Order”). By making any Order, you acknowledge that you have read and understood, and agree to be bound by, these Terms and Conditions.
- We may at any time amend these Terms and Conditions upon reasonable notice to you. Such notice may be sent via email, posted on our website, or published in any media that we deem appropriate. You are deemed to agree to such amendments if you continue to place any Order after the effective date of such amendments.
- Any Order made through our website is an offer by you to purchase the relevant services for the price stipulated at the time you place the Order. We may reject your Order in our absolute discretion (including, without limitation, if there is an error or omission in the price or description of the relevant services on our website or if payment in respect of the Order is unable to be processed). We may cancel the whole or any part of an Order at any time without any liability to you if: (a) any services in the Order is not available; (b) there is an error or omission in the price or description of any services in the Order on our website; (c) We reasonably believe you are in breach of these Terms and Conditions; or (d) payment in respect of the Order is unable to be processed.
- In placing an Order, you must provide us with all necessary information. Please read our Privacy Statement (https://knowyourcustomer.com/privacy-policy/) which shall apply to you and your Order. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on our website. To the extent permitted by law, we accept no liability for any loss and/or damage which you may suffer or incur as a result of such activity.
- We will make every reasonable effort to ensure the quality and accuracy of the processes used to download and extract information from our live company registry connections and other third-party services. However, we do not have control over the information contained in those information sources. You acknowledge and agree that:
- We do not warrant the accuracy, reliability or fitness for purpose of the information contained in KYC Reports as we have no control over the information uploaded to the third-party services accessed by the solution to create the KYC Reports; and
- You will review KYC Reports and carry out your own due diligence to ensure that you are satisfied with the findings in each KYC Report.
- You agree to use the KYC Reports solely for the internal use and benefit of your organisation and not for re-sale or other transfer or disposition to, or use by, or for the benefit of, any other entity or person.
- You must ensure that you comply with all applicable laws when placing an Order. You agree at all times when accessing our website (including placing an Order) to act in a manner which complies with all laws of Hong Kong or of any other relevant jurisdiction.
- You will be the Data Controller and we will be the Data Processor under applicable personal data protection regulations and laws when processing personal data in the course of us providing services to you. Such personal data may consist of names, addresses, dates of birth, photographic identity documentation, personal data in respect of your clients and any company officers, shareholders and other individuals connected to corporate entities contained in the KYC reports, including data obtained from anti-money laundering screening providers (which may concern special categories of personal data such as data relating to a person’s religious, philosophical or political beliefs or race or ethnicity). In consideration of the obligations contained in this clause, you warrant and represent that you will comply at all times with applicable data protection legislation, and, in particular, you warrant and represent that any disclosure of personal data made by you to us and our sub-processors and all processing instructions issued by you are and shall be in compliance with applicable data protection legislation.
- To the extent permitted by law, we shall not be liable for any loss or damage (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with any error or defect in our website or in the process of placing an Order. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
- These Terms and Conditions are governed by the laws of Hong Kong. All disputes arising from or pursuant to these Terms and Conditions shall be resolved before the courts of Hong Kong, and you agree to submit to the nonexclusive jurisdiction of such courts.