Legal and Compliance

Privacy Policy

Effective Date: 2023 July 13

K&U GROWTH INCUBATOR ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, ku-gi.com (the "Site"). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Site.

1. Information We Collect

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data

Personally identifiable information, such as your name, corporate address, email address, and telephone number, and demographic information, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards.

2. Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

• Create and manage your account.
• Process your transactions and send you related information, including purchase confirmations and invoices.
• Communicate with you about your account or transactions and send you updates about our policies.
• Respond to your comments, questions, and requests and provide customer service.
• Send you technical notices, updates, security alerts, and support and administrative messages.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Comply with legal obligations and enforce our agreements.
• Improve the Site and develop new products, services, features, and functionality.

3. Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

1. By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.

2. Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other types of misuse.

5. Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at the information provided below.

6. Changes to This Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by updating the "Effective Date" of this Privacy Policy. We encourage you to review this Privacy Policy periodically to stay informed about our collection, use, and disclosure of personal information.

7. Contact Us

If you have questions or comments about this Privacy Policy, please contact us at:

K&U GROWTH INCUBATOR
Email: policy@ku-gi.com
Address: 1145 Midland Ave, Unit 9, Toronto, Ontario, Canada, M1K 4H2

Terms & Conditions

Effective Date: 2023 July 13

1. Acceptance of Terms

Welcome to ku-gi.com (the "Site"), operated by K&U GROWTH INCUBATOR ("we," "our," or "us"). These Terms & Conditions ("Terms") govern your use of our Site and services. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you should not use our Site.

2. Use of the Site

2.1 Eligibility

To use our Site, you must be at least 18 years old. By accessing or using the Site, you represent and warrant that you are at least 18 years of age, and have the legal capacity to enter into these Terms. If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2.2 User Accounts

To access certain features of the Site, you may be required to create a user account. You agree to:

• Provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
• Maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide.
• Notify us immediately if you discover or otherwise suspect any security breaches related to the Site or your account.
• Be responsible for all activities that occur under your account.

2.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Site for any illegal purpose or in violation of any local, state, national, or international law or regulation.
• Posting, uploading, or transmitting any content that infringes or violates the rights of any party, or that is otherwise unlawful, defamatory, obscene, invasive of privacy, or objectionable.
• Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
• Using any device, software, or routine that interferes with the proper working of the Site, or taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Scraping, crawling, or using any automated system to access the Site for any purpose without our express written permission.
• Harvesting or collecting information about other users without their consent.

Violation of any of these prohibitions may result in immediate termination of your user account and access to the Site, and may also subject you to civil and/or criminal liability.

3. Intellectual Property Rights

3.1 Ownership

Ku-gi.com and all of its contents, including but not limited to text, graphics, logos, images, and software, are the exclusive property of K&U GROWTH INCUBATOR and are protected by international copyright laws. All trademarks, service marks, and trade names used on the website are the property of K&U GROWTH INCUBATOR or their respective owners. K&U GROWTH INCUBATOR reserves all rights not expressly granted in these Terms and Conditions.

3.2 License

Subject to your compliance with these Terms and Conditions, K&U GROWTH INCUBATOR grants you a limited, non-exclusive, non-transferable, revocable license to access and use Ku-gi.com for your personal, non-commercial use. Under this license, you may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from Ku-gi.com.
• Use Ku-gi.com for any commercial purpose without the prior written consent of K&U GROWTH INCUBATOR.
• Engage in any unauthorized use of Ku-gi.com or its contents.

Any unauthorized use of Ku-gi.com or its contents will automatically terminate the license granted by these Terms and Conditions.

K&U GROWTH INCUBATOR reserves the right to enforce its intellectual property rights to the fullest extent of the law. If you believe that any content on Ku-gi.com infringes upon your intellectual property rights, please notify K&U GROWTH INCUBATOR in writing. Your notification should include:

• A description of the infringing content and its location on Ku-gi.com.
• Your contact information.
• A statement of your good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law.

K&U GROWTH INCUBATOR will respond to all notices of alleged copyright infringement in accordance with applicable law.

4. User Content

4.1 Responsibility for User Content

Ku-gi.com may allow users to submit, post, or upload content, such as comments, reviews, or other materials (collectively, "User Content"). You are solely responsible for any User Content that you submit, post, or upload to Ku-gi.com. By submitting User Content, you represent and warrant that:

• You have all necessary rights, licenses, and permissions to submit, post, or upload User Content.
• Your User Content does not violate any applicable laws or regulations or infringe upon the rights of any third party.
• Your User Content is accurate and not misleading.

4.2 Rights Granted by You

By submitting, posting, or uploading User Content to Ku-gi.com, you grant K&U GROWTH INCUBATOR and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, transferable, sub-licensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media format and through any media channels. Additionally, you grant K&U GROWTH INCUBATOR and its affiliates the right to use your name, likeness, and any other information provided in connection with your User Content for the purposes of promoting and redistributing part or all of the Site.

4.3 Monitoring and Enforcement

K&U GROWTH INCUBATOR reserves the right, but not the obligation, to:

• Monitor User Content for any reason.
• Remove or refuse to post any User Content for any reason or no reason at our sole discretion.
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for K&U GROWTH INCUBATOR.

K&U GROWTH INCUBATOR will not be responsible or liable for the accuracy, completeness, or appropriateness of any User Content posted by users. If you believe that any User Content violates these Terms and Conditions or any applicable laws or regulations, please notify K&U GROWTH INCUBATOR in writing, providing all relevant information, including a description of the User Content and its location on Ku-gi.com. K&U GROWTH INCUBATOR will respond to all notices of alleged violations in accordance with applicable law.

5. Purchases and Payments

5.1 Product or Service Descriptions

Ku-gi.com may offer products or services for purchase. While Ku-gi.com strives to provide accurate descriptions of its products and services, we do not warrant that the descriptions, colors, or other content available on Ku-gi.com are accurate, complete, reliable, current, or error-free. If a product or service offered by Ku-gi.com is not as described, your sole remedy is to return it in unused condition, subject to our return policy.

5.2 Pricing

Prices for products or services offered on Ku-gi.com are displayed in Canadian dollars and do not include taxes, shipping, or handling charges, unless otherwise noted. Ku-gi.com reserves the right to change prices for products or services at any time without notice. Despite our best efforts, products or services on our Site may be mispriced. If a product or service's correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

5.3 Payment Terms

All payments for products or services purchased on Ku-gi.com must be made in Canadian dollars. Ku-gi.com accepts various forms of payment, including credit cards, debit cards, and PayPal. By providing payment information, you represent and warrant that you are authorized to use the payment method and that all information provided is true and accurate. Ku-gi.com reserves the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, unauthorized use of a payment method, or insufficient inventory.

5.4 Refund and Cancellation Policy

Refunds or cancellations for products or services purchased on Ku-gi.com may be available under certain conditions. The refund and cancellation policy for each product or service may vary, so please review the specific policy carefully before making a purchase. Generally, Ku-gi.com does not offer refunds or cancellations for digital products or services that have been downloaded or accessed. If you have any questions or concerns about the refund and cancellation policy for a particular product or service, please contact K&U GROWTH INCUBATOR before making a purchase. To request a refund or cancellation, please contact our customer service team with your order details and reason for the request.

6. Third-Party Links and Content

6.1 Links to Other Websites

Ku-gi.com may contain links to third-party websites or resources. These links are provided for your convenience only. Ku-gi.com does not endorse, control, or assume responsibility for the availability, accuracy, content, products, or services on or available from such websites or resources. You acknowledge and agree that K&U GROWTH INCUBATOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6.2 Third-Party Content

Ku-gi.com may include content provided by third parties, including but not limited to advertisements, sponsored content, and user-generated content. This content is provided for your convenience and informational purposes only. Ku-gi.com does not endorse, verify, or assume responsibility for the accuracy, completeness, or appropriateness of any such third-party content. You acknowledge and agree that any use of or reliance on any third-party content is at your own risk. Any dealings or interactions between you and any third-party advertisers or sponsors found on or through Ku-gi.com, including payment for and delivery of products or services, are solely between you and such third-party advertisers or sponsors. Ku-gi.com is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or interactions.

7. Privacy

7.1 Privacy Policy

Ku-gi.com has a Privacy Policy that explains how we collect, use, and disclose information about you when you use Ku-gi.com. By accessing or using Ku-gi.com, you acknowledge that you have read and understand the Privacy Policy, and you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

7.2 Data Protection

Ku-gi.com takes reasonable measures to protect your personal information from unauthorized access, use, or disclosure. We implement a variety of security measures, including encryption and authentication tools, to maintain the safety of your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge and agree that Ku-gi.com is not responsible or liable for any loss or damage of any kind incurred as a result of any unauthorized access, use, or disclosure of your personal information.

7.3 Data Controller and Processor

For the purposes of the General Data Protection Regulation (GDPR), K&U GROWTH INCUBATOR is the Data Controller of your personal information. We may also use third-party service providers (Data Processors) to process your data on our behalf. We ensure that these service providers have adequate security measures in place to protect your personal information.

7.4 Your Rights under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights, including the right to access, rectify, erase, restrict, transport, and object to the processing of your personal information. To exercise any of these rights, please contact K&U GROWTH INCUBATOR using the contact information provided below.

7.5 Data Retention

We retain your personal information for as long as necessary to provide you with our services and for legitimate and essential business purposes, such as maintaining the performance of our services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes.

7.6 International Data Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy.

7.7 Children's Privacy

Our services are not directed to children under the age of 16. If you learn that a child under the age of 16 has provided us with personal information without parental consent, please contact us immediately, and we will take steps to remove such information and terminate the child's account.

If you have any questions or concerns about the privacy or security of your personal information, please contact K&U GROWTH INCUBATOR at:

Email: gdpr@ku-gi.com

Address: K&U Growth Incubator
1145 Midland Ave, Unit 9
Toronto, ONTARIO, M1K 4H2

9. Indemnification

9.1 User Indemnification Obligations

You agree to indemnify, defend, and hold harmless K&U GROWTH INCUBATOR and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Ku-gi.com, (ii) your violation of any term of these Terms and Conditions, (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive the termination of these Terms and Conditions and your use of Ku-gi.com. K&U GROWTH INCUBATOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with K&U GROWTH INCUBATOR in asserting any available defenses.

10. Termination

10.1 Grounds for Termination

K&U GROWTH INCUBATOR may terminate or suspend your access to Ku-gi.com, or any portion thereof, immediately and without prior notice, for any reason or no reason, including but not limited to any violation of these Terms and Conditions, any violation of applicable law, or any conduct that K&U GROWTH INCUBATOR, in its sole discretion, believes is harmful to K&U GROWTH INCUBATOR or its users.

10.2 Effect of Termination

Upon termination or suspension of your access to Ku-gi.com, you must immediately cease all use of Ku-gi.com and any related services. Termination or suspension will not affect any accrued rights or liabilities of either party prior to such termination or suspension. The provisions of these Terms and Conditions that by their nature should survive termination or suspension will survive, including but not limited to the sections entitled "Intellectual Property Rights," "User Content," "Disclaimers and Limitation of Liability," "Indemnification," and "General." Termination of your access to Ku-gi.com does not relieve you of any obligation to pay any fees accrued or owing prior to such termination.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the province of Ontario.

11.2 Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of Ku-gi.com, you and K&U GROWTH INCUBATOR shall first attempt to resolve the matter amicably by negotiation in good faith. If the matter is not resolved by negotiation within thirty (30) days of receipt of a written notice from one party to the other of the existence of a dispute, then either party may submit the dispute to mediation in accordance with the commercial mediation rules of the ADR Institute of Canada. If the dispute is not resolved through mediation, then either party may submit the dispute to arbitration in accordance with the Arbitration Act, 1991 (Ontario).

11.3 Arbitration

Any arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, failing agreement, appointed by the ADR Institute of Canada. The arbitration shall be conducted in Toronto, Ontario, in the English language, and in accordance with the Commercial Arbitration Act (Ontario). The decision of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties agree that the costs of the arbitration shall be borne equally by them unless the arbitrator determines otherwise. The parties further agree that they will keep confidential all information disclosed during the arbitration, except as may be required by law or to enforce or challenge the arbitrator's award.

12. Changes to Terms

12.1 Right to Change Terms

K&U GROWTH INCUBATOR reserves the right to modify these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be effective immediately upon posting the revised Terms and Conditions on Ku-gi.com.

12.2 Notification of Changes

K&U GROWTH INCUBATOR will make reasonable efforts to notify you of any material changes to these Terms and Conditions by posting a notice on Ku-gi.com or by sending an email to the email address associated with your account. However, it is your responsibility to periodically review these Terms and Conditions for any changes. Your continued use of Ku-gi.com following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes. If you do not agree to any changes to these Terms and Conditions, you should immediately stop using Ku-gi.com and any related services.

13. Miscellaneous

13.1 Entire Agreement

These Terms and Conditions, together with any other agreements or policies referred to herein, constitute the entire agreement between you and K&U GROWTH INCUBATOR regarding your use of Ku-gi.com and any related services. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and K&U GROWTH INCUBATOR regarding the subject matter hereof.

13.2 Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms and Conditions and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver by K&U GROWTH INCUBATOR of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any subsequent breach or default, and no failure or delay by K&U GROWTH INCUBATOR in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.

13.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of K&U GROWTH INCUBATOR. Any attempt by you to assign or transfer any of your rights or obligations under these Terms and Conditions without such consent shall be null and void. K&U GROWTH INCUBATOR may assign or transfer any or all of its rights or obligations under these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Contact Information:
K&U Growth Incubator
1145 Midland Ave, Unit 9
Toronto, ONTARIO, M1K 4H2
legal@ku-gi.com