The Purpose of This Document
2. Please regularly check the Terms and Conditions periodically for changes. We reserve the right to modify these at any time. Amendments will become effective immediately upon publication on the KKOG Platform. By continuing to use the KKOG Platform you accept such amendments.
3. If you do not agree to these Terms and Conditions, you must refrain from using the KKOG Platform.
4. These Terms and Conditions were last updated on the 9 June 2018.
6. Certain features of the KKOG Platform will only be available if you have registered your details on the KKOG Platform and paid the application fee, such persons are “Members”, please see the PDS for further information on Members. If you are an individual, you must be 18 years or older to use our services and by becoming a Member you declare that you are at least 18 years old. We may at any time require you to provide evidence of your age.
7. These Terms and Conditions must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on this the KKOG Platform. You are responsible for making all arrangements necessary for you to have access to the KKOG Platform. You are also responsible for ensuring that all persons who access the KKOG Platform through your Internet KKOG Account are aware of these Terms and Conditions and that they comply with them.
8. Currently KKOG services are available to everyone.
9. We reserve the right to suspend or terminate your access to our Members Services at any time if we reasonably believe we are required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of crime.
10. Members will be issued a username and password for accessing information, functions and documents which are only available to Members (Members Services). If your username or access to Member Services is suspended by KKOG for any reason (for example, if an incorrect password has been entered or we otherwise believe your online security is at risk) you will be unable to access the Member Services (which includes your Digital Wallet) until it is reactivated.
11. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
Protecting Your Username and Password
12. You must take all reasonable steps to keep your password safe at all times and not disclose it to anyone, including a family member or friend. The KKOG Team will never ask you to provide your password to us (other than when logging into your KKOG Account) or to a third party. It is advisable to change your password regularly (at least every 3 to 6 months) in order to reduce the risk of a security breach in relation to your Digital Wallet.
13. You should always
14. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Digital Wallet using your username or password or watch you access it. You should not disguise passwords so as to make your password obvious to another person. For example, you should not:
15. If you have any indication or suspicion your login details or other security features have been lost, stolen, misappropriated, used without authorization or otherwise compromised, you are advised to change your password and should contact our Customer Services at: info@KKOG.io without delay. Even if you are confident that codes are secure you must tell us as soon as you become aware of the loss or theft of an access method or of any unauthorized access to your Digital Wallet.
16. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Digital Wallet. In case any of the e-mail addresses registered with your Digital Wallet are compromised, you should contact Customer Services at: info@KKOG.io without delay and also contact your e-mail service provider.
17 Any message you receive that asks for your password, other than when logging into your KKOG Account, should be reported to us. If you are in doubt whether a request is genuine, you should contact the KKOG Customer Services at: info@KKOG.io.
18. We shall not be liable for any loss arising from unauthorized access to your Digital Wallet.
19. We may contact Members by e-mail or in other ways with information or notices regarding Member Services including your Digital Wallet. In order to receive notices and statements electronically you must provide us with your email address. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your Digital Wallet and to retrieve and read messages relating to your Digital Wallet promptly. We shall not be liable for any loss arising out of your failure to do so.
20. You are required to check for incoming messages regularly. Emails may contain links to further communications on the KKOG Platform. We will contact and communicate to you in English and will only accept communications made to us in English.
21. Any notice, request, demand or other communication may be sent to your postal or email address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you:
22. A notice, request, demand or other communication that you send to us will be acknowledged as having been received by us when we receive it.
23. We may provide links to third party websites (Linked Websites). Those links are provided for convenience only and may not remain current or may not be maintained. Unless otherwise notified on the KKOG Platform, Linked Websites are not reviewed, controlled or examined by us in any way. We are not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Websites, or any links on the Linked Websites.
24. Except as otherwise expressly stated on the KKOG Platform, we do not endorse, or associate with the Linked Websites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Platforms.
25. In no event shall KKOG or our affiliates be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves or the information or material accessed through the Linked Websites. You should direct any concerns to the relevant Linked Website’s administrator. KKOG reserves the right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the KKOG Platform and/or introduce different features or links.
26. KKOG cannot accept responsibility for matters relating to the KKOG Platform that are outside of the reasonable control of KKOG.
27. All information provided by KKOG on the KKOG Platform is provided in good faith, without any guarantees, conditions or warranties as to its accuracy.
28. KKOG products are issued by King Kong Organics Inc.
29. The advice provided in relation to the KKOG Platform, including on the KKOG Platform website, is general advice only and has been prepared without taking into account your objectives, financial situation and needs.
30. Before making any decision in relation to KKOG or any products offered by KKOG you should read the Product Disclosure Statement (PDS) and consider whether they are right for you. The PDS is available at www.KKOG.io/pds
31. Past performance is no indication of future performance.
32. Any forecasts are subject to change without notice.
33. None of KKOG services guarantee any income or return of capital.
34. KKOG reserves the right to update this information at any time.
Limitation of Liability
35. Certain non-excludable statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws but KKOG does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the KKOG Platform outside these laws.
36. Subject to claims available under consumer protection laws:
37. If we breach any non-excludable statutory warranties you may be entitled to compensation. When you are not a consumer under consumer protection laws our liability for loss or damage is limited to re-supplying the service to you or paying the costs of having the service re-supplied to you. When you are a consumer under consumer protection laws our liability is limited in this way only to the extent permitted by those laws.
38. KKOG accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond the reasonable control of KKOG.
Viruses, Hacking and Other Offences
39. You must not misuse the KKOG Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the KKOG Platform, the server on which the KKOG Platform is stored or any server, computer or database connected to the KKOG Platform. If you engage in such conduct, your right to use the KKOG Platform will cease immediately.
Intellectual Property Rights
40. The material contained on the KKOG Platform, including promotional materials and the KKOG Platform website, is protected by copyright. You may use the material on the KKOG Platform only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the KKOG Platform, or create any other material using material on the KKOG Platform, without obtaining the prior written consent of KKOG.
41. Our trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of KKOG.
42. The KKOG Platform and the products, technology and processes contained on the KKOG Platform may be the subject of other intellectual property rights owned by KKOG or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of the KKOG Platform must not in any way infringe the intellectual property rights of any person.
43. When you post or transmit material on the KKOG Platform, you assign all intellectual property rights that subsist in such material to KKOG, which KKOG may then assign to a third party. To the extent necessary, you consent to any acts by KKOG or KKOG’s licensees or assignees that may infringe your moral rights in the material that you create (for example, KKOG may not always be able to identify you as the author of the material that you create and submit to the KKOG Platform).
44. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the KKOG Platform to survey users of the sites.
Digital Wallet Terms
47. A Member’s Digital Wallet (referred to only as ‘Wallet’ on the KKOG Platform) is an arrangement between the Member and KKOG under which KKOG holds Member funds, and any money that a Member receives as a distribution or from the sale of Bricks, on trust for a Member. A Member can use the money in their Digital Wallet to purchase Bricks or withdraw the money into a Member’s nominated personal bank account.
48. Digital Wallet means the Account (or, if determined in KKOG’s discretion, multiple accounts) opened and maintained by KKOG on behalf of each Member through which Members are able to deposit funds to acquire Bricks and receive funds in connection with Bricks, including distributions and the proceeds of a disposal of Bricks.
49. Fund transfers into the KKOG Platform are executed through external payment gateways, that support every major bank. KKOG may, at its discretion, advance some or all of the funds deposited to the Member’s Digital Wallet ahead of the funds transfer being complete, for the purpose of allowing a Member to buy Bricks (Advanced Funds). During this period of advancement, the Member will only have the functionality to buy Bricks. Once the funds transfer is complete, the ability to sell Bricks and withdraw funds will be enabled.
50. A Member’s Digital Wallet will be debited of all funds required to settle an acquisition of Bricks by the Member. This includes fees and such other amounts as KKOG determines to be appropriate to debit the Member’s Digital Wallet in relation to dealing with Bricks and any other amounts payable by a Member to the Responsible Entity in accordance with the KKOG Platform Constitution.
51. KKOG may determine that a Member must hold a minimum amount in their Digital Wallet from time to time.
Your Digital Wallet
52. The funds in your Digital Wallet belong to you. No person other than the Digital Wallet holder has any rights in relation to the funds held in your Digital Wallet. However, we may withdraw amounts from the Digital Wallet where authorized by you.
The Risks Involved
53. You should be aware of risks such as the possibility of unauthorized transactions on your Digital Wallet. Please refer to ‘protecting your username and password’ in these Terms and Conditions for more information.
54. KKOG is dependent on the reliability of its operational processes and those of its technology and telecommunications partners in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in the Digital Wallet and Member Services being unavailable from time to time. There is a risk that you may not be able to access your Digital Wallet or make transactions through a service which is reliant on computer and/or telecommunications systems.
55. While KKOG allows you to transact simply using your electronic equipment and login details, because of that simplicity, it also poses special risks, including:
Maintaining Your Digital Wallet
56. Transferred funds, monthly distributions, Brick payments and fund withdrawals are all displayed in your online transactions history together with the fees charged. Each transaction is given a unique transaction ID and shown in the transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your Digital Wallet balance and transaction history regularly.
57. You should report any irregularities or clarify any questions you have as soon as possible by contacting KKOG Customer Services at: info@KKOG.io
58. You direct that your KKOG Trust income (if any, and reduced by the payment of any expenses properly incurred by the trustee in the authorized administration of the KKOG Trust) distributed in accordance with clause of the deed establishing the relevant KKOG Trust is to be paid by the trustee into your Digital Wallet.
59. When you receive funds into your Digital Wallet, you will receive an electronic notification either in your KKOG Account or to your nominated e-mail address depending on the type of income it is. You should regularly reconcile incoming payments with your own records.
60. You must not use your Digital Wallet for any illegal purpose including, but not limited to, fraud, money laundering and counter-terrorism financing. We will report any suspicious activity to the relevant law enforcement agency.
61. You must not manipulate the Order Book, or attempt to manipulate the Order Book.
62. If you directly or indirectly conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, or we are prohibited by law from providing services to you, without the necessary approval, we reserve the right to take any of the following steps:
63. To withdraw funds, a Member must login to their KKOG Account and place a withdrawal request. The withdrawn funds will be paid into the bank account nominated by the Member.
64. You will not be able to withdraw funds while your Digital Wallet contains advanced funds.
Closing Your Digital Wallet
65. You may close your Digital Wallet by selling all your Bricks and withdrawing all the funds in your Digital Wallet and deactivating your KKOG Account.
Fees and Other Costs
66. Please review the KKOG Product Disclosure Statement to understand the fees and other costs you may be charged.
67. You should read all the information about fees and costs because it is important to understand their impact on your investment.
68. In case of an unauthorized payment or a payment that was incorrectly executed due to an error by us, we shall at your request refund the payment amount including all fees deducted. This shall not apply where the unauthorized payment arises from your failure to keep the personalized security features of your Digital Wallet safe, in which case you shall remain liable for the transaction and you release and discharge us from liability in this regard.
69. We take all reasonable steps to ensure that our electronic equipment functions properly. However, failures may occur and this has an impact on liability. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely. We shall not be liable for any indirect or consequential losses, including but not limited to loss of profit, loss of business and loss of reputation. If the KKOG Platform does not accept your instructions, we are not liable to you. In the event of a malfunction of the KKOG Platform or equipment, our liability is limited to correcting any errors and refunding any fees or charges imposed on you.
70. We are not liable if you can’t make a transaction because the KKOG Platform did any of the following:
71. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another KKOG customer.
72. We may suspend your Digital Wallet at any time if the following has occurred:
Consent to disclosure to Credit Reporting Agency, Document Issuer or Official Record Holder
73. As a part of verification processes for the purpose of complying with
the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth)
(AML/CTF Act) and associated rules and regulations, we may need to disclose
your full name, residential address and date of birth to a service provider
acting as our agent, who may provide such information to a credit reporting
agency for the purpose of providing an assessment of whether this
identification information matches (in whole or in part) personal
information held by the credit reporting agency.
Further document verification services may be conducted involving personal details being checked with the document issuer or official record holder.
74. The credit reporting agency may compare your details with personal information held by the agency (being the names, residential address and dates of birth of other individuals) for the purposes of making this assessment.
75. The assessment will be provided to KKOG, or its agent, for the sole purpose of verifying your identity. If KKOG, or its agent, is unable to verify your identity using information held by a credit reporting agency, KKOG will provide you with a notice to this effect and the name of the credit reporting agency and give you the opportunity to contact the CRB to update your information.
76. Records of the verification request will be made by KKOG and the credit reporting agency and retained for 7 years from the date of the request and for 7 years after KKOG ceases to provide services to you. You can request access to your records.
77. By clicking the checkbox confirming you have read and accept these Terms and Conditions, you provide your express consent to KKOG disclosing your personal information to a credit reporting agency or document issuer or official record holder for the purposes of the AML/CTF Act.
78. You have the right to let us know by email at info@KKOG.ioif you do not want us to disclose your personal information to a credit reporting agency for this purpose and opt for an alternative means of verifying your identity for the purposes of the AML/CTF Act.
79. These Terms and Conditions are governed by the laws of California. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in California, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.
80. All dealings between you and us are subject to the Corporations Act 2001 (Cth) and the AML/CTF Act. Please refer to the PDS for more information.
81. In the event that you appear to be a Proscribed Person, we will not be responsible for any loss, liability or costs incurred by you where we are unable to receive or act on your instructions.
82. You warrant, if you are a company incorporated or registered in Australia, that we are able to rely on the Australian Securities and Investments Commission (ASIC) company search of you as being up to date and correct at all times.
83. You agree to notify us either via email or through a facility provided by us of changes in information that are relevant to any dealing or proposed dealing. Information which is relevant to any dealing includes your:
84. You acknowledge and agree:
If any part of any of these Terms and Conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these terms and conditions will continue to apply as if the void or unenforceable part had never existed.
85. These Terms and Conditions are publicly available on the KKOG Platform website at www.KKOG.io
86. If you have any concerns about material that appears on the KKOG
Platform website, please contact us in accordance with the details set out
King Kong Organics Inc.
Address: 101 S. Topanga canyon Blvd, #1747 Topanga CA 90290
87. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning given in the Product Disclosure Statement relating to the KKOG Platform.
88. “Proscribed Person” means a person who appears to us either:
89. GDPR KKOG
KKOG is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR. KKOG is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Are Prepared for the GDPR
KKOG already has a consistent level of data protection and security across our organization. 2018. Our preparation includes: –
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via KKOG.io of an individual’s right to access any personal information that KKOG processes about them and to request information about: –
Information Security & Technical and Organizational Measures
KKOG takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including: – SSL, access controls, password policy, encryptions.
If you have any questions about our preparation for the GDPR, please contact email@example.com