TERMS AND CONDITIONS – KLYM
¿Who are we?
KLYM offers a platform for digital commercial funding and working capital solutions for buyers, sellers, suppliers, and funders.
What we don’t do.
We are not a broker or financial institution. We are not providing you or the entity on behalf of which you act with financial or legal advice:
By accepting these terms and conditions you are accepting our service involves your use of our platform for purposes only. Platform users accept that funding parties will be intended third-party beneficiaries of these terms and conditions.
Disputes between You and your trade finance counterparts,
We will not be responsible or liable for any disputes between you and any funding parties, unless specifically stated otherwise in a separate legally binding agreement entered between us or between us and any applicable funding parties.
Your data
Please refer to our data treatment policy for information about how we collect, use, store and process your data. If you do not see our data acceptance form on the following screen, you have given relevant funding parties using our platform authorization to share your data with use for use in our platform processes.
Your commitments to us
By entering our platform, you commit to:
- not lend, rent or allow third parties to use your login and password data;
- accept that You are responsible for your login and password data and will be liable for any misuse of it;
- not use our platform for any fraudulent or illegal activities;
- agree that upon mandatory deletion or disabling of your account you will not attempt to register for a new account;
- consent to receiving electronic communications from Us (e.g., via email, SMS, messaging apps, other electronic means) or by posting notices to the platform (these communications may include notices about your account (eg., password changes) and transactional information (eg., notices), these electronic notices will be sufficient notice of any event involving our platform for all legal purposes);
- consent to receiving promotional communications via electronic messages (you may opt out of these);
Your promises to us
When you register for an account, you represent and warrant that:
- You are over 18 years old;
- You have capacity, power and authority to perform your and your entity’s obligations under these Terms;
- You have been duly authorized by the entity on behalf of which you are entering into these Terms, and any transaction in which you enter on behalf of said entity using our platform will be binding for it;
- You understand that this document is a contract and, as a result, your commitments and promises hereunder are binding obligations, enforceable against you and the entity on behalf of which you are acting
- all information, if any, provided to Us that belongs to you or any entity on behalf of which you are entering into these terms is accurate;
You know what you’re doing
You and the entity of which behalf you are acting on are sophisticated, experienced and knowledgeable in trade finance. You can make your own financing decisions and we are not providing you with financial or legal advice.
Bad behavior
We may require additional information, deactivate or delete your account if You:
- use your account for money laundering or any other illicit activity;
- your Account is being used for money laundering or for any other illegal activity, or it appears to us that you have;
- conceal or report false identification information and other details;
- pose as someone else;
- receive funds from agreements entered into with funding parties on our platform and sell the same assets to another entity;
- issue credit notes on invoices previously sold to funding parties on our platform:
- receive and keep the funds from payment of an asset already sold under our platform;
- break your commitments and promises to Us.
You know what you’re doing
You and the entity of which behalf you are acting on are sophisticated, experienced and knowledgeable in trade finance. You can make your own financing decisions and we are not providing you with financial or legal advice.
Our Commitments to You
We will;
- not charge hidden fees;
- not use your data other than as set fort in our Data Processing Policy;
- act in accordance with our platform guidelines for platform services provided within Colombia, as applicable;
Our property
The platform, all of its content, including, but not limited to, its code and processes belong to us. We are not providing you or the entity on behalf of which you are acting with a license over our intellection property. Taking something that doesn’t belong to you and using, copying or selling it is stealing. Don’t do it.
Our right to improve
We can change or modify these Terms at any time and in our sole discretion. By continuing to access our platform after an update you will confirm acceptance of the new terms.
If we don’t agree to disagree
Disputes under these terms and conditions will be subject to arbitration under colombian law; under bogota chamber of commerce rules, with seat in bogota, colombia, as a result: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you agree to mandatory individual arbitration for the resolution of disputes and waiving your right to a jury trial on your claims.
This is us telling You that we will not be liable for
- Warranties or conditions of any kind, either express or implied that our platform is fit for a particular purpose. That we are providing any implied warranties;
- Ocasional platform unavalability (because we keep updating our platform, we can’t promise it will never be down during business hours);
- The accuracy, completeness or reliabiity of contents on our platform;
- The security of any data that you disclose online;
- The inherentsecurity risks of providing information and dealing online over the internet;
- Any breach of security unless it is due to our gross negligence;
- Losses you sustain as a result of the transactions you enter into on the plaform; or
- Limiting any product or service to any person, geographic area or jurisdiction as we believe neccesary , or as required by law.
We’re here for you
If you have questions, comments, need your data deleted, or just need to talk about how long you found these Terms, you can reach us at legal-notices@klym.com