Overview
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or use kuberfinancial.com.au or Kuber (the “App”) and its associated applications. This policy should be read in conjunction with our T&C Policy mentioned below.
Personal Information we Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information
How Do We Use Your Personal Information?
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing Your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above.
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioural Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
Do Not Track
Please note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
Your Rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.
Data Retention
we will maintain your Information for our records unless and until you ask us to delete this information.
Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
Contacting Us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at support@kuberfinancial.com.au
A. General
B. Definitions
made to the user shall be credited in the wallet and any payments made to other users shall be debited from the same. The wallet shall reflect the real time balance the User has in AUD.
10. “Withdrawal” - Shall mean transfer of funds from the Users Kuber Wallet to the bank account provided by the User for receiving their Kuber Wallet balance in AUD.
C. Acceptance of the Terms
D. Eligibility
By accepting the T&Cs or by otherwise using the Services on the Kuber Platform, You represent that you are at least 18 years of age and have not been previously suspended or removed by Kuber, or disqualified for any other reason, from availing the Kuber Services or using the Kuber Platform. In addition, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Kuber reserves the right to suspend or permanently prevent you from availing Kuber Services or using the Kuber Platform. In the case that there is a discrepancy in the information represented by the User Kuber Financial reserves the right to freeze the account of such User. The sole discretion of what constitutes a discrepancy lies with Kuber Financial.
E. Registration to use the Services
1. In order to access the Services, you must first register for an account through the Application (the “Account”).
2.Upon commencing the registration process the User shall have an option to register as a regular User or Merchant User (“Merchant”)
3.Upon registration the User shall set a unique Kuber ID for themselves in accordance with the provisions on the platform. This Kuber ID once made shall be associated in perpetuity with the respective Users account and cannot be changed or modified at a later date.
4.As part of the registration process, or as part of your continued use of the Services, The User is required to provide personal information about themselves including but not limited to those mentioned in the clause 5 of this section. The user shall have to complete the mandatory Know Your Customer (KYC) compliance.
5.In order to complete the KYC the User shall have to provide one government approved form of identification such as a Driving Licence, Medicare card, Australian Passport, Foreign Passport with a valid Australian visa or Photo ID card.
6.In the case of expiry of any form of identification or in case of additional identification or documentation requested by Kuber, the User warrants to provide the same within 2 weeks upon request.
7.The User warrants that any information provided in the course of completing the registration process will always be accurate, correct and up to date.
• Email address
F. Merchant Services/Developers Platform
G. Representations, Warranties & Covenants
Authorised deposit taking institutions, as the same shall amount to third party liabilities and should be taken up with the concerned party.
H. Payments, Deposits and Withdrawals
I Refund Policy
J.Confidentiality and Intellectual Property
K. Privacy
The Users privacy and personal data is of the utmost importance to Kuber Financial. Any information provided through your use of the Application and/or Services are subject to the Privacy Policy, which is available on the Application.
L. Disclaimers ; No implied Warranties
• Any and all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• Kuber Financial shall not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether under common law, under contract or tort (including negligence), in equity, pursuant to statute or otherwise.
M. Competitors
If any individuals/entities are in the business of provision of similar Services to users for commercial purposes, then such party is a “Competitor” of Kuber Financial. Competitors are not permitted to use or access any information or content on the Application. If this clause stands breached, Kuber Financial shall hold the party in breach fully responsible for any and all losses tangible, intangible or notional that may be deemed to occur to Kuber Financial. The computation and ascertainment of loss shall be done at the sole discretion of Kuber Financial. The party in breach shall be held accountable for all profits that may have been made subsequent to such a breach.
N. Limitation of liability
O. Termination of Contract
1. The Terms will continue to apply until terminated by either the User or by Kuber Financial as set out below.
• Not renewing the Subscription prior to the end of the Subscription Period;
• Closing accounts for all of the services which the User has availed, where Kuber Financial has made this option available to you.
Your notice should be sent, in writing via the 'Contact Us' link on our homepage.
P. Indemnity
The User agrees to indemnify Kuber Financial, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
Q. Dispute Resolution
R. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
S. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
T. Survivability
Certain clauses within these present T&C’s are intended to survive the remainder of this agreement and shall be in force even after the termination of the contract herein construed. Clauses regarding Dispute Resolution, Competitors, Indemnity and Limitation of Liability shall remain in force in perpetuity.
PLATFORM SERVICES AGREEMENT
This Agreement between you or the entity or company you represent (“You”) and Kuber Financial Pty. Ltd. (“Kuber”) governs your use of the Merchant Portal platform and the API (Application Programming Interface) offered by Kuber, which includes, any updates, revisions or new releases of any of the foregoing and any associated media, sample code, materials or documentation, in physical or electronic form when provided for use on your computers as well as when provided through Kuber’s hosted or cloud based solutions.
This Agreement is in its entirety subject to the Terms & Conditions as found on Kuber’s website and/or the Kuber application. Acceptance of this Agreement is tantamount to acceptance of Kuber’s Terms & Conditions and the same shall be binding upon You.
Subscription and use of this Software, is subject to the terms set forth below, including but not limited to fees, term of agreement, software license terms, terms of use, Merchant representations and warranty statement.
You should read all the terms of this Agreement carefully. You will be asked to review and either accept or not accept the terms of this Agreement. By indicating your acceptance to this Agreement you are committing to the entirety of its contents and shall be bound by the same. If you do not accept this Agreement, you will not be permitted to use the Software.
1. DEFINITIONS
1.1. “Account” -
Shall mean the Merchants portal on the Software which shall be accessed using the
login credentials as set by the Subscriber post subscription to the Service.
1.2. “API” - Other than the meaning and definitions generally attributable, for the purpose of this agreement API shall be the Software Intermediary that shall serve to link Kuber’s application and payment software to the Merchants website for the receipt and facilitation of payments directly from the Kuber application
1.3. “Subscription” - Subscription shall mean the access to Service granted to the Subscriber for the fixed time duration as chosen by the Subscriber.
1.4. “ Software” - Shall mean, for the purposes of this agreement, the Merchant Portal platform offered by Kuber and its associated services.
1.5. “User” or “Subscriber” or “Merchant” - User shall be defined as an individual or an entity including but not limited to a lawfully incorporated company in Australia with a registered and active ABN (Australian Business Number), a duly registered partnership or any other such entity that may wish to subscribe to the Merchant Portal platform.
1.6. “Service” - We provide a service wherein which we license our Application Programming Interface (API) on a subscription model that allows the Merchant to accept payments online directly from their customers Kuber wallets, helping the merchant facilitate quick and easy digital payments. .
2. TERMS OF ACCEPTABLE USE
2.1. Upon opting for the services, the Merchant receives a License to access the API and Software as described below. Kuber will provide updates to the Software, such as correction of "bugs" and certain limited improvements to existing functionality of the Software as Kuber may choose to provide.
2.2. An existing subscription can be cancelled at the discretion of the Subscriber upon which this present Agreement shall stand terminated.
2.3. Kuber may terminate any subscription and revoke this license at their discretion without any prior notice to the subscriber in the event of a failure to comply with any of the terms set out in this Agreement. Upon termination, the Subscriber will no longer have any right to use the Software.
2.4. The Subscriber shall not assign or transfer any rights granted under this Agreement. Any such attempted assignment or transfer shall be deemed null and void ab initio.
2.5. By accepting this Agreement and purchasing this subscription, Subscriber represents and warrants that, if a natural person, Subscriber is at least 18 years of age and or is otherwise legally able to enter into a binding contract.
2.6. Kuber is not obligated to support or provide any updates, upgrades, revisions or new releases of the Software or any portion thereof. However, Kuber, in its sole discretion, may update, upgrade, revise or provide new releases of any portion of the Software from time to time and such update, upgrade, revision or new release of the Software shall be governed by the terms and conditions of this Agreement. To continue to use the Software you are required to install such updates, upgrades, revisions or new releases of the Application.
3. GRANT OF LICENCE
3.1. Subject to the applicable caveats and in adherence with the terms and conditions set forth herein, the Subscriber shall have a limited, non-exclusive, non-transferable, non- sublicenseable user based license to use, display, store, load, install and execute the API as offered by Kuber.
3.2.This Licence to access Kuber’s API is granted for the sole purpose of facilitation of payments as described under “Services”.
3.3. In the event that the Subscriber allows another individual to access or use the Platform, the Merchant shall be liable for compliance with this Agreement, and for any violations by that individual of this Agreement.
3.4. The Software is owned and copyrighted by Kuber or by third party suppliers. This License confers no title or ownership and is not to be construed as a sale of any rights in the Application. Subscriber is granted only the right to use the Software without the right to sublicense. Third party suppliers are intended beneficiaries under this Agreement and may protect their rights in the Software directly against the Subscriber in the event of any infringement.
3.5. You acknowledge and agree that the Computer System Requirements as defined herein are necessary to use the Software as described in the documentation, and that you must independently, at your own cost, purchase or appropriately acquire the Computer System Requirements.
3.6. This Licence is granted at the discretion of Kuber and can be revoked at the sole discretion of Kuber.
4. SUBSCRIBERS WARRANTIES
4.1. The Subscriber unequivocally warrants to adhere to this agreement as amended from time to time along with all the caveats, conditions and terms as set out herein and any other documentation or policies as set out on the Kuber website.
4.2. The Subscriber further warrants not to -
4.2.1. Copy the Software or any component of the Application.
4.2.2. Alter, translate, adapt, modify, reverse engineer, decompile or disassemble the Software or any component of the Software or create derivative works of the Application.
4.2.3. Decrypt, extract or otherwise attempt to discover any source code, trade secrets or confidential information contained in the Software or any component of the Application
4.2.4. Transfer, resell, sublicense, rent, lease, or lend the Software in whole or in part or use the Software for any timesharing, outsourcing, rental or third party service bureau purposes, commercial or otherwise.
4.3.The Subscriber agrees to use the Software for lawful purposes only and further comply with all applicable local, provincial, state, national or international laws, rules and regulations.
5. CONFIDENTIALITY & COMPETITON
5.1. The Software embodies confidential information and valuable trade secrets of Kuber and its licensors. You agree to maintain the confidentiality of all confidential and proprietary information of Kuber and its business, including the Software and will not release, disclose or divulge any such proprietary confidential information.
5.2. You will take all reasonable steps to ensure that confidential or proprietary information of Kuber and its business is not disclosed or distributed in violation of the terms of this Agreement.
5.3.The Subscriber may, however, disclose certain confidential information as required for the purpose of meeting its Public Accountability obligations, including but not limited to disclosures made to a statutory or government body as required by law.
5.4.Any individual or entity that, for commercial purposes, engages in the provision of the same or similar services as are defined under this agreement shall be deemed to be a competitor and such person is explicitly barred from accessing or subscribing to the services offered by Kuber.
6. DISCLAIMERS : NO IMPLIED WARRANTIES
6.1. The software is made available for your use on an “as with all faults” model, Kuber and its licensors expressly disclaim all other warranties, conditions and representations whether express or implied, including but not limited to warranties of merchantability, applicability of the software for particular purposes, non-infringement and/or compatibility.
6.2. Kuber and its licensors further expressly disclaim any responsibility regarding viruses or any other disabling devices.
6.3.There lies no warranty either express or implied that the software and/or services will operate without interruption. The use of this Merchant Portal software is at the subscribers sole risk.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Kuber shall not be liable for
7.1. ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT.
7.2.THE PROVISION OF, OR FAILURE TO PROVIDE THE SOFTWARE OR ANY OTHER ANCILLARY SERVICE.
7.3. THE LIMITATIONS IN THIS PRESENT CLAUSE AND DISCLAIMERS IN CLAUSE 6 APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS, STRICT LIABILITY, BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM, PRODUCT LIABILITY OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADE-MARK OR OTHER INTELLECTUAL PROPERTY RIGHT.
8. INDEMNITY
You agree to indemnify and hold Kuber and its affiliates and their respective directors, officers, employees and agents harmless from and against any claim, damage, liability, loss or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Software, any Data provided to the respective server or the infringement by you, of any intellectual property or other right of any person or entity.
9. TERM AND TERMINATION
This Agreement is effective from the date you click "I accept" and shall continue in full force and effect unless terminated in accordance with this Agreement. This Agreement will terminate immediately if you fail to comply with any term or condition stipulated in this Agreement. Upon any termination of this Agreement, you may no longer access or use the Application. Termination of this Agreement will not prevent Kuber from pursuing any other remedies available to it, including injunctive relief. Upon termination you agree to immediately cease all use of the Application.
10. DISPUTE RESOLUTION
This Agreement is subject to the Dispute Resolution framework as set out in Kuber’s Terms & Conditions
11. SEVERABILITY
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
12. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between Kuber and any subscriber as herein defined. This agreement may be subject to certain addendums or modifications as and when required by Kuber.
13. SURVIVABILITY
Certain clauses within this present Agreement are intended to survive the remainder of this agreement and shall be in force even after the termination of this Agreement in accordance with the terms herein. Clauses regarding Dispute Resolution, Competitors, Indemnity and Limitation of Liability shall remain in force in perpetuity.
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