Kustom Portal Terms

1. Background

The terms set out herein (Terms) apply between Kustom and you as a merchant (the Merchant) for the use of Kustom's merchant portal, which is an online platform through which Merchants manage end customer (Shopper) relationships, administer transaction data, and access both standard features and additional services offered by Kustom in support of the Checkout Solutions (the Kustom Portal).

These Terms govern your use of the Kustom Portal and are automatically accepted upon your use. By accepting these Terms, you warrant that you are authorized to enter into these Terms on behalf of the Merchant. Please note that by acting on behalf of the Merchant (e.g. as an employee or a subcontractor of the Merchant) parts of the terms apply to you as an individual accessing the Kustom Portal.

These obligations include:

• abiding by the principle of data secrecy. This means that Shopper data is confidential and shall not be disclosed except where legally permitted. It also means that your login credentials shall be kept confidential.
• verifying the Shopper’s identity before making any changes within the Kustom Portal. In particular, you must, in addition to requesting and verifying the Shopper’s full name, ask two control questions, e.g. the billing address, the purchase date, the Shopper’s date of birth, the exact amount of the order.

These Terms apply to any use of the Kustom Portal by a Merchant, whether or not the Merchant has entered into any separate agreement with Kustom relating to the Checkout Solutions. If the Merchant has entered into such an agreement (Agreement), these Terms form an integral part of the Agreement and are subject to Kustom’s General Terms and Conditions (as defined in the Agreement). In the event of any inconsistency between these Terms and the General Terms and Conditions, the General Terms and Conditions shall prevail to the extent of the inconsistency.

2. Kustom Portal functionality and purpose

Frequently, the Merchant will be the first point of contact for the Shopper. In order to provide a seamless customer experience, the Merchant is able to administer certain order-related aspects directly, as permitted below and for the purpose of managing Shoppers enquiries relating to their order and the payment thereof. Further, the Kustom Portal offers Merchants the opportunity to sign up for other Kustom services.

Features include, but are not limited to, being able to:

• view the Shopper’s name, phone number, email address, billing address and shipping address;
• view the Shopper’s payment method and any refunds that might have occurred;
• view reference numbers for the transaction; and
• resend the order statement.
  

3. Using the Kustom Portal

3.1 Merchant Access

The Merchant may access the Kustom Portal following approval from Kustom. The log in details for the Merchants’ appointed individuals may not be provided to any third party, including separate legal entities within the Merchant’s own legal group, except as permitted herein. 

The Merchant shall keep all login credentials strictly confidential and ensure that only duly authorized personnel have access to the Kustom Portal. Any breach of this obligation shall constitute misuse of the Kustom Portal.  

Any actions taken through the Merchant’s portal account (using the Merchant’s credentials) will be deemed to be authorized by the Merchant, and the Merchant will be liable for those actions. Accordingly, the Merchant shall ensure that all individuals with access to the Kustom Portal comply with the following security requirements: 

(i) Use strong, unique passwords that are not reused across other systems. 

(ii) Ensure passwords contain at least fourteen (14) characters, including a combination of letters, numbers, and symbols. The use of a password manager and two-factor authentication (2FA) is strongly encouraged. 

(iii) Keep login credentials secure at all times and immediately notify Kustom of any actual or suspected unauthorized access or compromise. 

Kustom will record and monitor all logins and actions performed within the Kustom Portal for security, compliance and customer relationship purposes. 

Kustom reserves the right, at its reasonable discretion, to restrict, suspend, or revoke the Merchant’s or any individual user’s access to the Kustom Portal in the event of misuse, security concerns, or breach of these Terms, without prejudice to any other remedies available to Kustom under any existing Agreement.  

3.2 Merchant Obligations

The Merchant is obligated to verify the Shoppers identity before making any changes within the Kustom Portal. In particular, the Merchant must, in addition to requesting and verifying the Shoppers full name, ask two control questions, e.g. the purchase date, the Shopper’s date of birth, the exact amount of the order.

If the Merchant uploads, changes or shares content with Kustom via the Kustom Portal, the Merchant grants Kustom a royalty-free, exclusive, irrevocable and worldwide right to use and display the content for the purpose of delivering services and fulfilling its obligations under any existing Agreement. 

Kustom reserves the right to remove any content uploaded or shared by the Merchant if required to do so according to applicable legislation, or if Kustom considers, in its sole discretion, any such content to be offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. The Merchant is fully liable for any content uploaded or shared within the Kustom Portal.

3.3 Restrictions

The Merchant is prohibited from using or trying to use the Kustom Portal in a way that is outside the scope and intentions of these Terms and any existing Agreement. In particular, the Merchant may not export any personal data from the Kustom Portal nor use the data accessible via the Kustom Portal for any other purpose than to administer the customer relationship as foreseen by these Terms and any existing Agreement. 

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4. Kustom - Merchant relationship

4.1 Scope and Responsibility

The Merchant shall prevent unauthorized use of the access credentials to the Kustom Portal as well as maintain an access log of which Merchant employees have access to the Kustom Portal. The Merchant shall promptly revoke such access and update such records if any individual leaves the Merchant’s organization or changes job responsibilities.

The Merchant shall ensure that any personnel entrusted with processing personal data comply with the principle of data secrecy and have been duly instructed their obligations under these Terms and data protection legislation. The obligation to secrecy shall continue after the termination of these Terms and any existing Agreement.

In case of a serious interruption of operations, suspicion of breach of personal data including issues relating to the credentials, or any other irregularity in the processing of personal data, the Merchant shall, without undue delay, inform Kustom, by sending an email to dataprotectionofficer@kustom.co. 

4.2 Obligations and Rights of Kustom 

Kustom is entitled, upon reasonable notice, to audit whether the Merchant is complying with its obligations specified in these Terms and applicable law. The audit shall not disrupt any day-to-day activities of the Merchant.

4.3 Enquiries by Data Subjects and Supervisory Authority to Kustom 

Kustom is obliged, based on applicable data protection legislation, to provide information to a data subject or supervisory authority about the processing of personal data. The Merchant is obliged to assist Kustom in making this information available when relevant, unless otherwise instructed.

Unless otherwise instructed, the Merchant shall inform Kustom immediately upon receipt of a request of information by sending an email to dataprotectionofficer@kustom.co.

4.4 Kustom Third Party Providers

By using the Kustom Portal, you approve of Kustom’s use of third party service providers to support the operation, maintenance, and improvement of the Kustom Portal. These providers may use cookies and similar tracking technologies to evaluate usage of the Kustom Portal and enhance the user experience. Furthermore, certain providers may monitor and record user interactions with the Kustom Portal, including but not limited to mouse movements, scrolling, clicks, and keystrokes, for the purpose of improving the Checkout Solutions. Kustom maintains agreements with such third party providers to ensure that any personal data processed on Kustom’s behalf is handled in accordance with applicable data protection legislation and treated as confidential.

5. Miscellaneous

5.1 Incorporation of Protections from the General Terms and Conditions

Any right, remedy, limitation of liability, indemnity, suspension right, or other protection granted to Kustom or limitation granted in favor of Kustom under the General Terms and Conditions (or any Order Form or Agreement), as published and updated from time to time at https://kustom.co/legal/gtcs, in connection with the Checkout Solutions or the Merchant’s use thereof shall apply equally and in full to Kustom in respect of the Merchant’s use of the Kustom Portal, even if not expressly repeated herein. For the avoidance of doubt, to the extent any provision of these Terms is silent on a particular right, remedy, or protection, the corresponding provision in the General Terms and Conditions shall govern. The protections set out in this Section 5.1 apply to all users of the Kustom Portal, whether or not the Merchant has separately executed or accepted the General Terms and Conditions with Kustom, and references to the General Terms and Conditions are to the published version available at https://kustom.co/legal/gtcs.

5.2 Changes to Portal Terms

Kustom may update or modify these Terms by providing notice to the Merchant in accordance with the General Terms and Conditions. Any material change will take effect no sooner than sixty (60) days from notification. If a change is significantly detrimental to the Merchant, the Merchant may exercise its right to terminate the Agreement (and cease Portal use) before the change takes effect, in accordance with the General Terms and Conditions. Continued use of the Kustom Portal after the effective date of any change constitutes acceptance of the updated Terms. If there is any conflict or inconsistency regarding amendments, the General Terms and Conditions shall prevail.

5.3 Governing Law and Jurisdiction

These Terms are governed by, and any disputes shall be resolved in accordance with, the applicable law and dispute resolution procedures set forth in the General Terms and Conditions.