TERMS OF SERVICE
Effective Date: 26 March 2024
These Terms of Service (the “Terms”) are the legally binding agreement between you (“Customer” or “you”) and Cullinan Financial Services LTD, having its registered address at 319 W Hastings Street, #400, Vancouver, British Columbia, V6B 1H6 (“Cullinan”, “we”, or “us”). These Terms govern your use of the Services (as defined below), and our website https://www.cullinanfinancialservices.com (the “Website”), owned and operated by Cullinan.
Please read this document carefully.
• PREAMBLE
1.1 Access and use of the Website and Services are subject to these Terms, our Privacy Policy, and any other policy made available on the Website.
1.3 By accessing or using our Website and Services, you hereby agree to be bound by these Terms, Privacy Policy, any other policy made available on the Website, and all applicable laws and/or regulations, which may be in effect from time to time, and you agree that you are responsible for this compliance. If you do not wish to be bound by these Terms, Privacy Policy, and any additional terms, you should not use our Services and Website.
1.4 Your access and use of Services is subject to the Eligibility Requirements and your compliance with these Terms, Privacy Policy, and any additional terms disclosed to you.
1.5 Cullinan reserves the right to unilaterally revise these Terms and all linked content from time to time, at its sole discretion, by updating this posting or linked content. Unless otherwise stated, the revised Terms will enter into force immediately. By continuing to use Services after modifications enter into force, the Customer indicates to agree to be bound by such modifications.
• DEFINITIONS
2.1 In these Terms the following capitalized terms have the following definitions:
• “Account” means the account you open when you register on the Website.
• “Affiliate” means, with respect to either party, any other entity directly or indirectly controlling, controlled by, or under common control with such party (“control”); and “control” means, with respect to either party, the possession, directly or indirectly, of the power to direct the management and policies of such entity, through the ownership of voting securities or otherwise; “control” also means having a contractual arrangement with an individual or entity to perform administrative, managerial, group purchasing or similar services on behalf of the individual or entity.
• “Service” has a definition in clause 3.1 below.
• “Customer”, “you” or “your” means a visitor of the Website, or a customer of our Services.
• DESCRIPTION OF SERVICES
• Cullinan operates, hosts, and manages the Website, where Customers can use such services as money remittance, and money transfer services, and can access a specialized marketplace featuring products and services specifically designed for sailors (the “Services”).
• For the avoidance of doubt, Cullinan is not a bank or an investment fund. The Account shall not be considered as a bank account. Your funds are held in accordance with applicable laws.
• ELIGIBILITY
• Use of the Services is subject to the following eligibility requirements:
• Our Services can be used by an individual above eighteen (18) years of age;
• The Account will be validated only if the Customer’s identity is successfully verified subject to a KYC procedure;
• Each Customer shall read and accept these Terms, Privacy Policy, and other written agreements (if applicable) disclosed by Cullinan in writing.
• You shall refrain from using Services if you:
• are not allowed to enter into any legally binding contracts;
• are an individual below the age of 18;
• are an entity subject to any prohibition or sanctions;
• are banned from using Services on the Website.
• You cannot create more than one Account or profile on the Website. The Account is personal to you, any activity or transaction under your Account will be deemed to be performed by you. You cannot share your Account details or allow others to use your Account on your behalf.
• YOUR ACCOUNT
• In order to use Services, you must:
• complete the registration process through the Website and set up an Account;
• provide complete, true and accurate information for the Account;
• provide complete, true and accurate information for the KYC procedure and, if required, complete live check of your identity.
• Account Information: you should update your Account information if changes. If there is a material change in your Account information, Cullinan may require you to conduct your identity check again. Cullinan may refuse to provide Services, close your Account if there has been a material change to the information provided above, or the identity check was unsuccessful, or you are no longer eligible to use the Services.
• KYC Procedure: we will conduct customer due diligence checks before we allow you to use our Services or allow us to perform specific transactions. Subject to applicable laws and regulations, we constantly monitor transactions and may require you to provide us with any necessary information and documents to validate your Account and transaction. You hereby agree that we may share KYC information about you with our authorized service providers that conduct due diligence checks on our behalf.
• We keep your personal data safe and confidential as described in the Privacy Policy.
• The Customer shall be responsible for the security of the Account on the Website and keep their username and password confidential.
• If the Customer breaches any of these terms and conditions, the Customer’s right to use the Services will be suspended or terminated in accordance with these Terms.
• RESTRICTIONS ON USE OF THE SERVICES
• Cullinan strictly adheres to applicable laws and regulations. We expect our Customers to do the same. Accordingly, you will not (without limitation):
• use the Services for any illegal purpose or in violation of laws and regulations;
• use the Services for money laundering or terrorist financing;
• provide false, misleading, or inaccurate information;
• use another Customer’s account or solicit passwords;
• disclose proprietary or personal information of Customers without their consent;
• reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of Services or its technological features or measures;
• rent, lease, sell, resell, loan, distribute, or sublicense access to any of Services;
• circumvent or disable any security or technological features or measures of Services;
• use Cullinan’s intellectual property rights without express prior written authorization or in violation of these Terms;
• use any automated tool (e.g., robots, spiders, crawler) to access or use Services, or to store, copy, modify, distribute, or resell any Services;
• upload viruses, or other malicious code or otherwise compromise the security of our Services;
• circumvent or disable any rights management, usage rules, or other security features of Services;
• use Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, Services; or
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of Services or any content.
• If the Customer breaches any of these terms and conditions, the Customer’s right to use Services will be suspended or terminated in accordance with these Terms.
• MAKING TRANSACTIONS
• The Customer can use the Services for personal purpose.
• When making a transaction (sending or requesting funds), the Customer shall be solely responsible for making sure that all account and transaction details are correct and complete. If you enter incorrect or incomplete details, the intended recipient may fail to receive funds.
• Before completing any transaction, Cullinan may require requesting additional information and documents, and you agree to such request in order to perform such transaction.
• If you initiate any transaction, you authorize us to process such transaction on your behalf.
• Any transaction may be subject to limits as more detailed on the Website.
• Cullinan shall not be responsible for any delays which Cullinan cannot control. Such delays may be caused for technical reasons, or if you fail to provide requested documents or information. Further, certain transactions cannot be performed if you do not have sufficient funds in your Account. Certain transactions can be performed on the next business day.
• You acknowledge and agree that you can only use a card or bank account which must be in your name unless otherwise allowed.
• Use of the Services are subject to fees as detailed below. You will need to have sufficient funds in your Account to complete any transaction.
• SERVICES AVAILABILITY
• Cullinan uses commercially reasonable efforts to maintain our Website and Services on twenty-four (24) hours a day, seven (7) days a week basis. We provide 99% of our Website and Services availability annually. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
• SERVICE FEES
• Use of the Services are subject to fees.
• All fees are indicated on the Website. We may change any fee from time to time and will update you by placing revised fees on our Website. Cullinan can increase, adjust, and change prices at any time and without any notice.
• To the extent any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.
• CLOSING YOUR ACCOUNT
• You may stop using the Services and close your Account at any time. Before closing your Account, you need to fully withdraw your funds held in the Account. If you have insufficient funds to settle any fees, you are solely responsible to top up your Account.
• You may not close your Account or closure of your Account can be delayed, if we are required to conduct any investigation or resolve any dispute.
• SECURITY OF YOUR ACCOUNT
• While we strive to use commercially reasonable measures to secure your account, you are solely responsible for applying the following standard security measures (at a minimum):
• Use strong and unique passwords and enable two-factor authentication to access your Account;
• Prevent the use of passwords and other authentication secrets with anyone;
• Update regularly your password;
• Update our application and your devices once a new version is available;
• Use and update anti-virus programs on your devices;
• Make sure you are on our Website and a web page is not scammed;
• Contact us immediately if you suspect any unauthorized use or access to your Account, username, or password.
• PROPRIETARY RIGHTS
• Cullinan is the sole owner and lawful licensee of all rights, title, and interests available on the Website and Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights on the Website, Services, and its content shall remain with Cullinan, our Affiliates, or licensors of the Website content, unless otherwise stated in these Terms. All rights not otherwise claimed under these Terms or by Cullinan are hereby reserved.
• You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Cullinan or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on Services, such content, or the Website, in whole or in part.
• We may use services of third parties involved in the provision of Services. You may not violate proprietary rights and use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
• THIRD-PARTY SERVICE
• Our Website may display, or contain links to, third-party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using the Website or our Services (collectively, “Third-Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
• We do not control Third-Party Content and do not guarantee the accuracy, integrity, or quality of such Third-Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third-Party Content or any information or materials advertised on the Website. By using our Website or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly, or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third-party service or Third-Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Products.
• DISCLAIMER
• Your use of Services, or items obtained through them is at your own risk. Services are provided on an “as is” and “as available’ basis, without any warranties of any kind, either express or implied. Neither Cullinan nor any Affiliate or person associated with Cullinan makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website and Services. Without limiting the foregoing, neither Cullinan nor anyone associated with Cullinan represents or warrants that Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected.
• Cullinan hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
• INDEMNIFICATION
• To the full extent permitted by applicable law, the Customer shall defend, indemnify and hold harmless Cullinan (and our directors, owners, officers, managers, assigns, employees, consultants, and agents), its Affiliates, and its licensors, and each of their respective employees, officers, directors, and representatives from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning: (a) Customer’s use of Services; (b) Customer’s breach of these Terms, Privacy Policy, or violation of applicable law; (c) breach of any obligation or duty the Customer owes to a third party.
• LIMITATION OF LIABILITY
• Cullinan will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, business losses, business interruption, loss of business opportunity or similar, loss of goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from customer’s use of Services. Cullinan will not be liable for loss or damage caused by technological attacks. Further, we are not liable if you breach these Terms, or other applicable laws and regulations, or you acted fraudulently.
• Under no circumstances will the total liability of Cullinan arising out of or related to the Customer’s use of Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts that the Customer has paid to Cullinan during the prior 12 months under these Terms.
• TERM, SUSPENSION AND TERMINATION
• These Terms will remain in full force and effect while the Customer uses Services.
• We reserve the right to restrict your access (with or without notification to you), temporarily or indefinitely, suspend Services if:
a) you breach these Terms or other policies;
b) we believe that your actions may cause any loss or liability to any third parties, our Affiliates, or to us; or
c) we suspect or become aware that you have provided false or misleading information to us.
• Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
• NOTIFICATIONS
• The Customer hereby consents to electronically receive and access, via email or the Website, all records and notices for Services provided to the Customer under these Terms that Cullinan would otherwise be required to provide to the Customer in paper form. However, Cullinan reserves the right, in its sole discretion, to communicate with the Customer via mail services using the address under which the Account is registered.
• APPLICABLE LAW
• These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to conflict of law principles.
• Notwithstanding the specified agreement on jurisdiction, the Customer and Cullinan shall, if any dispute arises, attempt to settle it by mutual negotiations.
• MISCELLANEOUS
• Invalid Provision. If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.
• Entire Agreement. These Terms, including any applicable Privacy Policy, constitute the entire and exclusive understanding and agreement between the Customer and Cullinan regarding its subject matter.
• Assignment. Except as expressly provided in these Terms, neither party may assign any of its rights or obligations under this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld. Failure to obtain such prior written consent shall render any attempted assignment void and of no force and effect. Notwithstanding the foregoing, Cullinan may assign, in whole or in part, its rights or obligations pursuant to these Terms to: (i) an Affiliate; (ii) any entity in connection with a divestiture, sale, merger or transfer of lines of business, divisions or business units.
• Force Majeure. Neither party will be liable for delays or any failure to perform under these Terms due to causes beyond its reasonable control and to the extent not occasioned by the fault or negligence of the delayed party, including fire; explosion; flood or other natural catastrophe; governmental legislation, acts, orders, or regulation; terrorist acts; or strikes or labor difficulties (each a “Force Majeure Event”). Any delay as a result of a Force Majeure Event shall last only as long as the Force Majeure Event remains beyond the reasonable control of the delayed party; provided, however, that the delayed party shall use its best efforts to minimize the delays caused by any such Force Majeure Event.
• Subcontractors. Cullinan may use subcontractors, provided that Cullinan remains responsible for their compliance with these Terms and for its overall performance under these Terms.
For any enquiries, please contact us at info@culinanservices.com