Website terms and conditions
In these terms and conditions, “we” “us” and “our” refers to KP Asset Management Pty Ltd (ABN 38 625 309 417), trading as Chillur. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will create a password. On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- You agree that all credit card fees and bank transaction fees are to be charged in addition to any subscription fees charged by us for access and registration to our site.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- You are solely responsible for the accuracy of information, documentation, statements or representations made by you via our site.
- We reserve the right to report to the police or government institutions, any activity via our site which is in our opinion illegal or reasonably likely to illegal.
- You agree not to post or submit any content that is harmful or likely to damage other people or organisations including but not limited to content that is reasonably likely to: defame or harass; or that is sexist, racist or pornographic in nature.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Fees and charges
- We will charge you the fees listed in the “Pricing” page, which may be amended from time to time, as mentioned above.
- Cryptocurrency transactions may be bought/sold at rates different from what may be advertised on other websites/apps/exchanges. The rates at which we buy/sell cryptocurrency will be determined by us at our absolute discretion.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Direct Debit Request Service Agreement
- Account means the account held at your financial institution from which we are authorised to arrange for funds to
- Agreement means this direct debit request service agreement between you and us.
- Business day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
- Debit day means the day that payment by you to us is due.
- Debit payment means a particular transaction where a debit is made. This includes an investment and the Chillur monthly fee.
- Direct debit request means the direct debit request between us and you.
- Us or we means KP Asset Management Pty Ltd, which you have authorised by signing a direct debit request.
- You means the person named on the penalty notice and who has agreed to the direct debit request.
- Your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.
1. Debiting your account
1.1 By agreeing to a direct debit request, you have authorised us to arrange for account funds to be debited to your account. You should refer to the direct debit request and this agreement for the terms of our arrangement.
1.2 We will only arrange for funds to be debited to your account as authorised in the direct debit request.
1.3 If the debit day falls on a day that is not a business day, we will direct your financial institution to debit your account on the next business day. If you are unsure about which day your account has or will be debited, you should ask your financial institution.
2. Changes by us
2.1 We will only vary any details of this agreement or a direct debit request after giving you at least fourteen (14) days written notice.
2.2 We will automatically cancel your direct debit request once:
- your penalty notice has been paid in full
- your penalty notice is subject to a penalty notice enforcement order.
3. Changes by you
3.1 You may change the arrangement under a direct debit request by contacting us at email@example.com.
4. Your obligations
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
- you may be charged a fee and/or interest by your financial institution
- you may incur fees or charges imposed or incurred by us
- you must arrange for the debit payment to be made by another method to ensure you do not fall behind in your agreement.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 If you default on your payments regularly, we may, at our discretion, prevent you from further transactions, including investments and account closing, until pending payments are made by another method, as specified in 4.2.3.
5.1 If you believe there has been an error in debiting your account, you should notify us directly on firstname.lastname@example.org and confirm that notice in writing as soon as possible so that we can resolve your query quickly.
5.2 If we conclude, as a result of our investigations, that your account has been incorrectly debited, we will respond to your query by arranging for your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been
5.3 If we conclude, as a result of our investigations, that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding.
5.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter. If we cannot resolve the matter, you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.
6.1 You should check:
- with your financial institution whether direct debiting is available for your account as direct debiting is not available on all accounts offered by financial institutions
- with your financial institution if additional fees and charges may be incurred by you as a result of this direct debit agreement
- the account details you have provided to us are correct by checking them against recent account statements.
7.1 We will keep all information in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
- to the extent specifically required by law
- for the purpose of this agreement (including disclosing information in connection with any query or claim).
Terms and conditions of Split Payments Direct Debit Request (DDR)
- You request and authorise Split Payments Pty Ltd (User ID 492448) to arrange, through its own financial institution, a debit to your nominated account any amount Split Payments Pty Ltd, has deemed payable by you.
- This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement.
Split Payments Direct Debit Request Service Agreement
- INITIAL TERMS Split Payments will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Split Payments DDR Contract authorised and accepted by you.
- CHANGE OF TERMS Terms may be changed immediately with the approval of the Customer or within the parameters of the Digital Agreement issued by the Customer and approved by the Registered User. This is managed through the Split Payments Platform.
- DEFERRING OR STOPPING A PAYMENT Should you wish to defer a payment to another date you must contact the Customer before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Customer. You may request to stop an individual payment through the Split Payments platform however you will still be liable to make this payment to the Customer
- ALTERING THE SCHEDULE Should you wish to alter the payment frequency or Day to Debit contact the Customer. Altering schedule is solely at the discretion of the Customer. The Customer may charge a fee for this service. The Customer shall notify you of these fees. Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
- CANCELLING THE PAYMENTS You can cancel this Direct Debit Request Authority at any time through the Split Payments platform. Cancellation of the authority to debit your account will not terminate your contract or remove your liability to make the payments you have agreed to with the Customer.
- DISPUTES If you dispute any debit payment, you must notify the Customer immediately. The Customer will respond to your dispute within 7 working days and will immediately refund the amount of the debit if they are not able to substantiate the reason for it. If you do not receive a satisfactory response from the Customer to your dispute, contact Split Payments who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
- BUSINESS DAYS When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
- DISHONOURED PAYMENTS It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, you authorise Split Payments to debit your account when clear funds become available in your nominated bank account.
- ENQUIRIES Enquiries may be directed to email@example.com.
- YOUR OTHER RESPONSIBILITIES In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Split Payments with a new account number.