Purpose and Scope
This Acceptable Use Policy governs use of all information and communication technology, systems, hardware, software, applications, networks, website, web portal, APIs, gateway platform, facilities and services provided or made available by Klustar or its affiliates from time to time (hereinafter referred to as "The Services").
This Policy applies to all and any users of our Service. Your use of our Service confirms that you accept the terms of this Policy alongside our Terms of Service and Privacy Policy.
The Policy is not exhaustive and Klustar reserves the right to modify or update the policy at any time by uploading a revised version to its website. You agree to check our website from time to time to note any changes to this policy, as they are legally binding on you so far as you continue to use the service.
Acceptable and Lawful Use
You hereby expressly undertake to use Klustar's services only for legal purposes in accordance with applicable laws. It is your sole responsibility to determine what constitutes legal use in your particular jurisdiction. Although we can provide general informational guidelines, this is for guidance only and your reliance on such guidelines is at your own risk.
Restricted Activities
You may not use Klustar in connection with any product, service, transaction or activity that:
- Violates any law or government regulation, or promotes or facilitates such by third parties
- Violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network
- Is fraudulent, deceptive, unfair or predatory
- Causes or threatens reputational damage to us or any Card Network
- Involves any of the business categories listed in the prohibited business category
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability
Prohibited Business Categories
You are prohibited from using Klustar's Services in furtherance of all or any of the following business activities, products or services:
- Any business which falls within the Import Prohibition List of the Nigerian Customs Service or any government agency
- Banned narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety
- Blood, bodily fluids or body parts
- Burglary tools
- Counterfeit items
- Illegal drugs and drug paraphernalia
- Fireworks, destructive devices and explosives
- Identity documents, government documents, personal financial records or personal information in any form
- Lottery tickets, sweepstakes entries or slot machines without the required licence
- Offensive material or hate speech, or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime
- Recalled items
- Unlicensed financial services, stocks or other securities
- Stolen property
- Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right
- Sales of currency without BDC licence, cryptocurrency operators
- Obscene material or pornography
- Certain sexually oriented materials or services
- Certain firearms, firearm parts or accessories, ammunition, weapons or knives
- Any product or service that is illegal or marketed in such a way as to create liability to Klustar
- Production of military and paramilitary wears and accoutrement
Transactions that:
- Are related to Money Laundering or Terrorism Financing
- Are false, misleading or inaccurate
- Disclose the personal data of third parties in violation of applicable law
- Support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs
- Are associated with purchases of annuities or lottery contracts
- Pertain to ammunitions and arms
- Involve gambling, gaming and/or any other activity with an entry fee and a prize, including casino games, sports betting, horse or greyhound racing, lottery tickets, or other ventures that facilitate gambling, unless the operator has obtained prior approval from Klustar and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law
Klustar may pre-approve the use of its Services in connection with some of the above, following review and examination of circumstances thereof, and subject to its sole discretion. Acts, products or services which constitute a breach of applicable laws or regulations will not be supported under any circumstances.
Breach
If we believe, discover, or get information that you have engaged in any of the restricted activities listed above, we have the exclusive and unqualified prerogative to take any action including but not limited to:
- Terminate these Terms, and limit, close and/or suspend your access to the Services immediately and without penalty to us
- Refuse to provide the Services to you in the future
- Contact third parties who have transacted with you or law enforcement about your actions
- Update inaccurate information you provided us
- Take legal action against you
If we terminate your use of the Services for any reason, we'll provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Klustar, any Klustar customer, or a third party caused by or arising out of your breach of this agreement.
Privacy and Security
You hereby grant us the right to conduct any investigation and due diligence in any manner we deem fit, on your background, nature of business, operation, Directors and Beneficial owners of your business, including but not limited to credit background checks, banking relationships and financial history. You further give us your consent to disclose the details of any investigation conducted pursuant to this clause to payment schemes, processors, bank partners and/or regulators, without recourse to you.
Report a Breach
Kindly report a suspected breach of this Policy by sending an email to support@klustar.io.