Terms and Conditions

1. Agreement and Acceptance

These Terms and Conditions ("Terms") constitute a legal agreement between you ("Client", "you", or "your") and Jokuda Pty Ltd ABN 53 684 590 609 ACN 684 590 609 ("Jokuda", "we", "our", or "us"). By accessing, using, or registering for our financial services, platform, or related products, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must immediately cease using our Services and close any accounts you may have with us. These Terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

1.1 Regulatory Framework

Our Services are provided under the Australian regulatory framework including but not limited to:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
• Privacy Act 1988 (Cth)
• National Consumer Credit Protection Act 2009 (Cth)
• National Consumer Credit Protection Act 2009 (Cth) and Australian Credit Licensing regime

2. Definitions and Interpretation

In these Terms, unless the context requires otherwise:

3. Eligibility and Account Requirements

3.1 General Eligibility Criteria

To use our Services, you must:

• Be at least 18 years of age (or legal age of majority in your jurisdiction)
• Be an Australian citizen, permanent resident, or temporary resident with appropriate visa status
• For business clients: be properly incorporated, registered, or established under Australian law
• Have legal capacity to enter into binding contracts
• Not be subject to any bankruptcy, insolvency, or administration proceedings
• Not be listed on any sanctions lists or politically exposed person (PEP) registers requiring enhanced due diligence
• Provide true, accurate, current, and complete information during registration and account maintenance

3.2 Identity Verification and KYC Requirements

Before accessing our Services, you must:

• Complete our Customer Identification Program (CIP) including provision of acceptable identity documents
• Verify your residential or business address through acceptable documentation
• For business clients: provide company registration documents, beneficial ownership information, and authorised representative details
• Complete risk assessment questionnaires and suitability assessments as required
• Provide Tax File Number (TFN) or Australian Business Number (ABN) where legally required
• Consent to credit checks and verification with external agencies where applicable

3.3 Account Security and Obligations

You are solely responsible for:

• Maintaining the confidentiality and security of all account credentials, passwords, and authentication devices
• All activities, transactions, and instructions executed through your account
• Immediately notifying us of any suspected unauthorised access, security breach, or fraudulent activity
• Keeping your personal and financial information current and accurate
• Using strong authentication methods and enabling available security features
• Monitoring your account statements and transaction confirmations for errors or unauthorised activity

4. Financial Services and Products

4.1 Licensed Credit Activities

Jokuda is authorised to provide the following credit activities under our Australian Credit Licence:

• Credit Assistance: Providing credit assistance to consumers and small business
• Credit Provision: Engaging in credit activities as a credit provider
• Credit Assessment: Assessing loan applications and creditworthiness
• Credit Intermediary Services: Acting as intermediary between borrowers and lenders
• Loan Origination: Processing and managing loan applications
• Credit Administration: Managing ongoing credit relationships and variations
• Responsible Lending: Ensuring compliance with responsible lending obligations

4.2 Product Categories

Our financial products include:

4.3 Risk Warnings and Disclaimers

5. Regulatory Compliance and Client Obligations

5.1 AML/CTF Compliance

Under the AML/CTF Act, you acknowledge and agree that:

• We must verify your identity and monitor transactions for suspicious activity
• We may request additional documentation or information at any time
• We are required to report suspicious transactions to AUSTRAC
• We may be prohibited from warning you that a report has been made
• We must maintain records of your identity and transactions for seven years
• We may refuse to provide services if we cannot satisfactorily verify your identity
• Large cash transactions ($10,000+) are subject to reporting requirements

5.2 Tax Compliance

• You must provide your TFN or ABN where legally required
• We may be required to withhold tax from payments at the highest marginal rate if no TFN is provided
• You are responsible for meeting all tax obligations arising from your use of our Services
• We may report information to the Australian Taxation Office as required by law
• Foreign tax residents may be subject to additional reporting requirements

5.3 Ongoing Compliance Obligations

You must:

• Promptly notify us of any material changes to your circumstances
• Respond to our requests for information within specified timeframes
• Not use our Services for any illegal activities including money laundering, terrorism financing, or sanctions evasion
• Ensure all information provided remains accurate and complete
• Comply with all applicable laws and regulations in your use of our Services
• Cooperate with any regulatory investigations or enquiries

6. Fees, Charges, and Payment Terms

6.1 Fee Structure

Our fees may include:

6.2 Payment Terms and Conditions

• All fees are quoted in Australian Dollars (AUD) unless otherwise specified
• Fees are payable when due and may be debited from your account automatically
• Interest may be charged on overdue amounts at our prevailing default rate
• We may engage debt collection agencies to recover overdue amounts
• You remain liable for all collection costs and legal fees incurred

6.3 Fee Changes and Notification

We may change our fees and charges at any time. We will provide at least 30 days' written notice of fee increases, unless the increase is due to government charges, taxes, or regulatory requirements, in which case immediate notice may be given. Continued use of our Services after fee changes constitute acceptance of the new fee structure.

7. Privacy and Data Protection

The collection, use, disclosure, and protection of your personal and financial information is governed by our comprehensive Privacy Policy, which forms an integral part of these Terms. Key privacy principles include:

• Consent: We collect information with your knowledge and consent, except where authorised or required by law
• Purpose Limitation: Information is used only for the purposes for which it was collected
• Data Minimisation: We collect only information necessary for our services
• Security: We implement appropriate technical and organisational measures to protect your information
• Access Rights: You may request access to and correction of your personal information
• Complaints: You may complain to us or the Office of the Australian Information Commissioner about privacy matters

8. Service Availability and Technical Requirements

8.1 Service Availability

While we strive to maintain high service availability, we do not guarantee uninterrupted access to our Services. Service may be unavailable due to:

• Scheduled maintenance and system upgrades
• Emergency maintenance and security patches
• Third-party service provider outages
• Force majeure events beyond our reasonable control
• Regulatory or legal requirements
• Cybersecurity incidents or threats

8.2 System Requirements and Compatibility

You are responsible for ensuring your devices and internet connection meet our minimum system requirements:

• Supported web browsers with current security updates
• Stable internet connection with adequate bandwidth
• Up-to-date operating systems and security software
• Compatible mobile devices for mobile applications
• Enabled JavaScript and cookies for web-based services

9. Intellectual Property Rights

9.1 Jokuda's Intellectual Property

All intellectual property rights in our Services, Platform, and related materials are owned by or licensed to Jokuda, including:

• Software, algorithms, and source code
• Trade marks, service marks, and brand names
• Copyrighted content, documentation, and user interfaces
• Patents, trade secrets, and proprietary methodologies
• Data analytics, reports, and insights
• Training materials and educational content

9.2 Limited Licence to Use

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use our Services for their intended purpose. You may not:

• Copy, modify, reverse engineer, or decompile our software or systems
• Create derivative works or competing services
• Remove or modify any proprietary notices or labels
• Use our intellectual property for commercial purposes without permission
• Attempt to gain unauthorised access to our systems or data

10. Liability Limitations and Risk Allocation

10.1 Disclaimer of Warranties

We disclaim all warranties, express or implied, including but not limited to:

• Merchantability, fitness for particular purpose, or non-infringement
• Accuracy, completeness, or reliability of information provided
• Uninterrupted, secure, or error-free operation of our Services
• Investment returns, financial performance, or trading outcomes
• Third-party content, services, or website accessibility

10.2 Limitation of Liability

To the maximum extent permitted by law, Jokuda's total liability for all claims arising from or related to these Terms or our Services is limited to:

• The fees paid by you to Jokuda in the 12 months preceding the claim; or
• $1,000 AUD, whichever is greater

We exclude liability for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Third-party acts, omissions, or system failures
• Investment losses or trading decisions made by you
• Unauthorized access resulting from your failure to maintain security

10.3 Consumer Law Rights

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws that cannot be lawfully excluded.

11. Indemnification

You agree to indemnify, defend, and hold harmless Jokuda, its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of our Services or violation of these Terms
• Your breach of any law, regulation, or third-party right
• Unauthorized use of your account or credentials
• Your provision of false, inaccurate, or misleading information
• Your investment decisions or financial transactions
• Any tax liability arising from your use of our Services

This indemnification survives termination of these Terms and your use of our Services.

12. Termination and Suspension

12.1 Termination by Client

You may terminate your use of our Services at any time by:

• Providing 30 days' written notice for ongoing services
• Closing your account through our Platform
• Contacting our customer service team

12.2 Termination by Jokuda

We may suspend or terminate your access to our Services immediately without notice if:

• You materially breach these Terms
• We suspect fraud, money laundering, or illegal activity
• Required by law, regulation, or regulatory authority
• You fail to provide required identity verification
• Your account becomes overdue or in default
• We cease providing Services to clients in your jurisdiction

12.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may retain your information as required by law or for legitimate business purposes. All accrued obligations, including fees and charges, survive termination.

13. Dispute Resolution and Complaints

13.1 Internal Dispute Resolution

We maintain an internal dispute resolution procedure:

1. Initial Contact: Contact our customer service team at [email protected]
2. Escalation: If unresolved, your complaint will be escalated to our complaints manager
3. Investigation: We will investigate and respond within 30 days (or 21 days for credit-related complaints)
4. Resolution: We will provide a written response with our findings and proposed resolution

13.2 External Dispute Resolution

If you are not satisfied with our internal resolution, you may lodge a complaint with:

13.3 Legal Proceedings

Any legal proceedings must be commenced in the courts of New South Wales, Australia. You irrevocably submit to the jurisdiction of these courts for all matters arising from or relating to these Terms.

14. General Provisions

14.1 Force Majeure

Neither party is liable for delay or failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemic, government action, or system failures.

14.2 Assignment and Transfer

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations to any affiliate or successor entity without restriction.

14.3 Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect. Invalid provisions will be replaced with enforceable provisions that best reflect our original intent.

14.4 Entire Agreement and Modifications

These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between us. We may modify these Terms at any time with 30 days' notice. Material changes affecting your rights will require your acceptance to continue using our Services.

15. Contact Information and Legal Notices

For questions, complaints, or legal notices regarding these Terms, please contact us: