THIS IS AN ELECTRONIC DOCUMENT AND IT DOES NOT REQUIRE A SIGNATURE. BY TICKING THE BOX DURING REGISTRATION ON THE APPLICATION FORM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, AGREED TO AND ACCEPTED ALL OF THE TERMS AND CONDITIONS (âTERMSâ) CONTAINED IN THIS DOCUMENT.
THESE TERMS GOVERN THE BUSINESS RELATIONSHIP BETWEEN KIXY LTD (âKIXYâ) AND YOU (âCUSTOMERâ). ACCESS TO AND USE OF KIXY SERVICES AND THE KIXY APP BY CUSTOMER IS SUBJECT TO COMPLIANCE WITH THESE TERMS, AS AMENDED FROM TIME TO TIME. KIXY IS INCORPORATE IN ENGLAND AND WALES (COMPANY NUMBER: 11201126), WITH ITS REGISTERED ADDRESS AT 40 GRACECHURCH STREET, LONDON, EC3V 0BT. KIXY IS AUTHORISED AND REGULATED BY THE FINANCIAL CONDUCT AUTHORITY TO PROVIDE PAYMENT SERVICES UNDER THE PAYMENT SERVICES REGULATIONS 2017 WITH REGISTRATION NUMBER 814005.Â
IN ADDITION, YOU ARE REQUIRED TO ACCEPT THE TERMS AND CONDITIONS OF PAYRNET LIMITED, TRADING AS âRAILSRâ (âRAILSRâ), A COMPANY INCORPORATED IN ENGLAND AND WALES (COMPANY NUMBER: 14698459), WITH ITS REGISTERED ADDRESS AT MONTACUTE YARDS, SHOREDITCH HIGH STREET, LONDON, E1 6HU (âRAILSR TERMSâ). RAILSR IS AUTHORISED AND REGULATED BY THE FINANCIAL CONDUCT AUTHORITY AS AN ELECTRONIC MONEY INSTITUTION UNDER REGISTRATION NUMBER 900594.
1.1. KIXY, in its capacity as an agent of Railsr, can provide the following services:
1.2 âAccountâ or âE-money Accountâ means Customer's electronic money account that is opened by KIXY in the name of the Customer with Railsr, which holds electronic money used for execution or receipt of payment transactions initiated by Customer and confirmed by KIXY. The E-money Account is the basic/framework Service offered by KIXY. This definition includes virtual and physical debit cards issued to Customers at their request in accordance with the Railsr Terms.
1.3 âAgreementâ means an agreement that is concluded between the Customer and KIXY, which includes these Terms, the application Form, the Fees Schedule, as well as any annex or amendment to these Terms. The term âAgreementâ will also mean any order or instruction of Customer to the KIXY, which is not related to any specific special agreement concluded in writing.
1.4 âApplication Formâ means Customerâs expressed will to start using KIXYâs services, waive them or create amendments in them, formed in accordance with the Terms. KIXY reserves the right to request an Application Form submitted via KIXYâs website and/or the Kixy App to also be submitted in writing, without providing a reason.
1.5 âApproved Currencyâ means any currency approved by KIXY from time to time for holding funds in Customerâs Account and/or E-Wallet.
1.6 âBase Currencyâ is the reference currency - the first currency that appears in the Account and/or E-Wallet.
1.7 âBusiness Dayâ will mean a day when KIXY is open for servicing of its Customers and is any week day, except UK bank holidays.
1.8 âBusiness Relationshipâ means the legal relationship between KIXY and Customer during the time of provision of Services by KIXY and until such relationship is terminated in accordance with the provisions of these Terms or the Agreement.
1.9 âCommunicationâ means any instructions, orders, documents, logs, transactions and any other information intended to be addressed to a party by the other and is described under Relationship and Communications between KIXY and Customer Section.
1.10 âConfidential Information" means all information that may be imparted in confidence or be of a confidential nature relating to the business or prospective business, plans or internal affairs of KIXY.
1.11 âCustomerâ means the Account-holder, i.e. a natural person or legal entity, who already has established a Business Relationship with KIXY or who applies to establish a Business Relationship with KIXY.
1.12 âDepositâ means the crediting of funds to Customerâs Account by purchasing Electronic Money using one of available deposit options.
1.13 âElectronic Moneyâ or âE-Moneyâ means Customerâs funds in the Account or electronically, including magnetically, stored monetary value, which is issued by KIXY on receipt of funds from Customer for the purpose of making payment transactions and which is accepted by Customer.
1.14 âE-Walletâ means a sub-account opened in a Customer's Account.
1.15 âFeesâ means any and all fees and charges levied by KIXY for provision of Services, as stated in the Fees Schedule and which may be amended by KIXY from time to time in accordance with these Terms and the Agreement.
1.16 âForce Majeureâ means abnormal and unforeseen circumstances beyond the control of KIXY and includes: a) strikes, lock-outs or other industrial action; b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; d) impossibility of the use of public or private telecommunications networks; and e) the acts, decrees, legislation, regulations or restrictions of any government.
1.17 âFraudulent Transactionâ means any Transaction or Payment Transaction that would constitute fraud in terms of common law (irrespective of whether KIXY has processed the transaction/payment/service request or not). This includes any automated or computer-generated application or service requests, unauthorized use of card(s) or any activity resulting in a chargeback or transmission of false financial message(s).
1.18 "Intellectual Property" means all or any trademarks or applications for any such marks, trade names, patents or applications for the grant of any such patents, know-how, being technical or otherwise, copyright or designs belonging to KIXY.
1.19 âKIXYâ means Kixy Ltd, registered in the United Kingdom with company registration number 11201126 with its registered address at 40 Gracechurch Street, London, England, EC3V 0BT. KIXY is authorised and regulated by the Financial Conduct Authority with registration number 814005. More information can be found at https://www.kixy.com.
1.20 âKIXY Appâ means the mobile application through which the Services and Accounts can be accessed by the Customer.
1.21 âKIXY Logoâ means the image or set of images provided by KIXY which depicts KIXY and the Service(s).
1.22 âLogin Authorisation Dataâ includes all authorisation/verification information that is provided by KIXY to Customer for the purposes of identification and login into the Account, such as unique account numbers, password, login code and any verification messages, sent via e-mail, mobile phone, post or other means of communication.
1.23 âRailsrâ means PayrNet Limited, a company incorporated in England and Wales (Company Number: 14698459), with its registered address at Montacute Yards, Shoreditch High Street, London, E1 6HU. Railsr is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution under Registration Number 900594.Â
1.24 âRailsr Termsâ means the Terms and Conditions of Railsr which have been accepted by the Customer, as amended from time to time.Â
1.25 âServicesâ means any services, subject to these Terms, offered by KIXY, including without limitation Account maintenance, issuance of E-Money upon receipt of funds, issuance of payment instruments and execution of payment transactions with issued E-money using payment instruments and any and all products available to Customer in accordance with the Terms set forth at any time on KIXY website and/or the KIXY App.
1.26 âSpecial Agreementâ means an agreement that is concluded between KIXY and Customer, before any individual KIXYâs service is provided which stipulates special conditions for the respective KIXYâs service. In separate cases the Application form can serve as a Special Agreement.
1.27 âTermsâ means these terms and conditions of KIXY and any amendments to them, related to the Services of KIXY, the use of and access to the KIXY App and any other website and/or interface provided by KIXY in current edition of which is published in the Apple Store or the Galaxy Play Store.
1.28 âTransactionâ or âPayment Transactionâ means an act, initiated by Customer of placing, transferring, receiving or withdrawing of funds, irrespective of any underlying obligations between Customer and KIXY, and in any case less any applicable Fees.
1.29 Defined terms used in these Terms will have the same meaning in any and all other documents related to the opening of Customer's Account with KIXY and deemed to be part of these Terms, except if otherwise specified in the relevant document.
1.30 References to persons will include individuals, corporate bodies, unincorporated associations, partnerships and any other entities. Words denoting a gender will include all other genders. References to a Section or Sections will be deemed references to the respective Section(s) of these Terms. Headings and notes herein are for reference only and will not affect the construction and interpretation of the Terms.
2.1 Customer acknowledges that:
2.1.1 Neither Railsr nor KIXY is a credit institution and Customer's Account is not a bank account;
2.1.2 Neither Railsr nor KIXY acts as trustee, fiduciary or escrow holder in respect of E-Money in Customerâs Account; and
2.1.3 KIXY does not pay interest on any balances in Customer's Account.
2.2 KIXY provides access to the KIXY App to authorized Customers only and enables them to make and accept payments, purchase Electronic Money or request redemption of Electronic Money. KIXY is an independent service provider for all purposes.
2.3 Specific conditions may be published on the KIXY website and within the KIXY App, as amended from time to time (e.g. Privacy Policy). Therefore, Customer expressly undertakes to consult and regularly review the KIXY website and the KIXY App in order to be kept informed about any changes to these Terms or otherwise in respect of the Services.
2.4 According to safeguarding requirements Railsr holds pooled balances separate from its corporate funds and will not use balances for its operating expenses or for any other corporate purposes. Railsr will not voluntarily make safeguarded balances available to its creditors in the event of bankruptcy.
3.1 KIXY provides its Services only to authorized Customers who have been duly onboarded by KIXY after its due diligence procedure has been completed.
3.2 As a condition of onboarding, Customer must accept these Terms and any other specific conditions published from time to time on KIXYâs website or in the Kixy App.
3.3 During the onboarding process KIXY reserves the right to request information about Customer and Customer undertakes to provide such information to KIXY, including, but not limited to, documents confirming the identity of Customer. KIXY may request any additional information that is necessary in accordance with anti-money laundering laws and regulations.
3.4 KIXY is under no obligation to onboard any Customer. KIXY, at its discretion, will determine the scope of information to be requested from Customer and to determine any conditions upon which Customer may be onboarded.
3.5 It is a legal requirement for KIXY to maintain up-to-date information on all Customers. Therefore, KIXY may from time to time request additional information which the Customer will be obliged to provide. If the information is not provided, KIXY reserves the right to unilaterally terminate the relationship with Customer with immediate effect.
3.6 If Customer fails to submit the requested documents and/or information upon KIXYâs request, KIXY reserves the right to suspend Customer's Account and to take further action as it sees fit in relation to its Business Relationship with Customer.
3.7 Customer will immediately, but no later than within five (5) Business Days, notify KIXY of any changes in the Customerâs circumstances which may reasonably be expected to impact the documentation and/or information provided by the Customer during the onboarding process.
3.8 Once Customer is successfully onboarded by KIXY, Customer will be provided with Login Authorization Data in order to access the Account. The Account is personal and only Customer has the right to access and use the Account and access it and Services through the KIXY App. Customer will take all the necessary measures to protect the Login Authorisation Data (including, without limitation: password, Login Code, user ID and any other strictly personal security features) of the Account and only use the Account in accordance with these Terms and the Agreement.
3.9 Customer may not, and may not attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the KIXY App. In case KIXY suspects that any of these activities are taking place on Customer's Account, KIXY reserves the right to immediately suspend the Customerâs Account and all Transactions on it, until these suspicions are either confirmed or discredited.
3.10 KIXY reserves the right to provide any Account related information in English and English will be the language used for the purposes of these Terms and for communication between Customer and KIXY. Customer confirms that their command of the English language allows full understanding and acceptance of these Terms.
3.11 Customer and KIXY are entitled to use all available modes of communication, including e-mail, mobile communication, and other similar technological solutions for communication between themselves. By sending and receiving Communication to and from KIXY through any of these communication methods, Customer acknowledges and agrees that they may be exposed to inherent risks such as, without limitation, the failure of hardware, software and communications infrastructure, including the Internet. The content of Communication may be altered, not reach the intended recipient or may arrive later than intended due to reasons outside the control of the parties, or may be duplicated, disseminated or intercepted by unauthorized parties, and/or reach other than the intended recipients. Telecommunication operators may restrict certain services and/or not accept or restrict the transfer of certain data. As a result of any system unavailability, failure or other disruption, Transactions may either not be executed according to Customer's instructions or not be executed at all or may not be placed or amended. Errors, disruptions, unavailability of the means of communication or delays in the transmission may affect Transactions accordingly. Customer acknowledges all risks described above and all similar risks (âTelecommunications Risksâ) and agrees to use the means of telecommunication at their own risk and of their own volition, assuming full responsibility. Customer confirms that they understand and assumes the risks inherent in their use of the KIXY App, programming tools and other electronic communication tools.
3.12 Customer releases KIXY from any liability, in contract or in tort, with regards to any disruption of Communications arising from the materialisation of Telecommunications Risks and other risks and circumstances. KIXY will not be liable for any direct, indirect, incidental or implied consequences for Customer or any third party attributable to Telecommunications Risks. KIXY does not warrant that it will be able to maintain a continuous, uninterrupted link with the Internet, and may not be held liable, therefore.
3.13 KIXY reserves the right to record all Communication exchanges (e.g. chats within the Kixy App in relation to Customerâs Account), e-mails and meetings between Customer and KIXY at its discretion, and use such recordings or transcripts of such recordings as evidence vis-Ă - vis any party (including but not limited to regulatory authorities and courts of law) to whom KIXY deems it desirable or necessary to disclose such information in the course of any dispute or anticipated dispute involving KIXY and Customer. Customer may nonetheless not rely on the availability of such recordings.
3.14 Customer agrees that KIXY may provide notice or other information to Customer by posting it on KIXYâs website - https://www.kixy.com/, including the posting of information which is only accessed by Customer by logging into their Account, e-mailing it to the verified e-mail address associated with Customerâs Account, or sending an SMS message. Customer must have internet access and an e-mail account to receive communications and information relating to the Services.
3.15 Above mentioned notice will be considered to be received by Customer within twenty-four (24 hours of the time it is posted to the KIXY website or e-mailed to Customer. If the notice is sent by mail, KIXY will consider it to have been received by Customer three (3) Business Days after it is sent.
3.16 Customer may request a copy of any legally required information in relation to their Account, including these Terms, from KIXY and KIXY will provide it to Customer in durable form, e.g. by e-mail.
3.17 Customer may terminate its consent to receive required information through electronic communication by making respective request to KIXY. KIXY may charge Customer a document request fee to provide a paper copy. KIXY reserves a right to close Customer's Account if Customer withdraws its consent to receive electronic communications.
3.18 Notices to KIXY made in connection with these Terms must be sent by e-mail to: cs@kixy.com or by post to KIXYâs correspondence address: 40 Gracechurch Street, London, England, EC3V 0BT.
4.1 âKnow Your Clientâ or âKYCâ, is the process of verifying the identity of a potential Customers and assessing their suitability as a Customer and identifying any risks posed by a Business Relationship with the potential Customer. KIXY implements KYC and anti-money laundering requirements (âAMLâ) in all its processes to ensure that Customer, agents, consultants, or other partners are compliant with applicable law and regulations in relation to KYC and AML.
4.2 KIXY requires that Customer provides detailed due diligence information to enable Kixy to understand the nature of Customerâs activities. The primary objective is for Kixy to satisfy itself that the source of Customerâs funds is legitimate. KIXY assesses money laundering risks associated with the Customer for the purposes of monitoring Customerâs activities.
4.3 Customer authorizes KIXY, directly, through third parties or otherwise to make any necessary inquiries to verify Customerâs identity. This may include asking Customer for further information, including date of birth, a taxpayer identification number and other information that will allow KIXY to reasonably identify Customer, requiring Customer to take steps to confirm ownership of Customerâs email address/phone number or financial instruments or verifying Customerâs information against third party databases or through other sources. KIXY reserves the right to close, suspend, or limit access to Customerâs Account and/or the Services in the event KIXY is unable to obtain or verify this information.
5.1 Login and authorization:
5.1.1 Customer will access the Account through the KIXY website or the KIXY App by entering the Login Authorisation Data provided to Customer by KIXY. In case of any problems with their Login Authorisation Data, Customer can request technical support by contacting KIXY at cs@kixy.com .
5.1.2. After Customerâs Login Authorisation Data is verified by KIXY, Customer will get access to Account and will be able to give Transaction instructions to KIXY.
5.1.3. If Customer suspects their Login Authorisation Data has been obtained by a third party Customer will immediately notify KIXY and request KIXY to suspend their Account until a full investigation has been carried out by emailing cs@kixy.com or by telling KIXYâs customer support agents using the KIXY App chat function.
5.2. Exclusive rights to use the Account:
5.2.1. Customer will keep their Login Authorisation Data secret and confidential to protect it against any misuse. Customer will be solely responsible for the loss or misuse of any Login Authorisation Data and will be solely liable for any unauthorised use of their Login Authorisation Data by unauthorised persons;
5.2.2. Anyone accessing the Account by entering the Customerâs Login Authorisation Data will be deemed to be the Customer, without any further enquiry by KIXY. KIXY reserves the right to request additional information at any time from the Customer in order to verify their identity;
5.2.3. Customer may request KIXY to block their Login Authorisation Data in case Customer suspects that it has been compromised. Such blockage may only be revoked by Customer.
6.1 Customer agrees to pay for any Services provided, e.g. for international payment transfers and currency conversions, withdrawals or amendments of Payment Transactions, searching and preparing printouts and documents, for performing any outstanding services for Customer by KIXY and sending reminders. Customer agrees to pay all the applicable Fees as set out in the Fees Schedule which can be found on the KIXY App.
6.2 Customer acknowledges and understands that they are obliged to familiarise themself with the Fees Schedule prior to instructing KIXY to make any Transactions. The Fees Schedule contains all applicable interest rates, commissions and fees for Services provided by KIXY. Customer will observe these at all times.
6.3 Customer agrees that any Fees that are due by Customer to KIXY may be withdrawn by KIXY directly from Customer's Account.
6.4 Customer and KIXY expressly agree that any changes in applicable interest rates, commissions and Fees for Services will enter into force immediately and no prior notice is necessary for such changes and/or amendments to enter into force.
7.1 In accordance with US, EU and UK laws and regulations, KIXY does not accept Transactions from or to sanctioned persons, countries and territories.
7.2. Notwithstanding any other provisions of these Terms, KIXY will be entitled to restrict access to, or to impose limits, suspend, stop or cancel provision of the Services to the Customer, if Customer's actions are not in compliance with these Terms, in its sole discretion and with immediate effect.
7.3 KIXY has listed a number of activities that are restricted or prohibited in relation to the use of the Services, these Terms, applicable laws and regulations, and directives and decrees that may be issued from time to time in the jurisdictions in which Kixy operates. Customer agrees that engaging in any of the below activities, may cause the quality of the Services to suffer and may restrict the level of safe access that Customer may enjoy. Such activities include:
7.3.1 violating any law, regulation, directive, statute or contract which relates to the Services, including without limitation, money laundering laws and regulations, consumer and personal data protection, the Electronic Money Directive, the Electronic Money Regulations 2011and the Payment Services Regulations 2017;
7.3.2 violating the Terms, including without limitation any other policies and/or regulations related to Services from time to time;
7.3.3 acting in a manner that is offensive, harassing or demeaning to other Customers, to KIXY, and/or its subsidiaries, partners and third parties;
7.3.4 providing inaccurate, disingenuous, misleading or entirely deliberately false information without justifiable cause;
7.3.5 sending and receiving what may be deemed as unauthorised funds or funds from fraudulent Transactions;
7.3.6 infringement of KIXY's copyrights, patent, trademarks or any other intellectual property rights;
7.3.7 not cooperating with KIXY when requested to provide additional information that will allow KIXY to better familiarise itself with the nature of Customer's business and continuing operations;
7.3.8 refusing to provide confirmation of Customer's identity and verification of details when requested in order for KIXY to perform an investigation when needed;
7.3.9 sending or submitting to KIXY documents that KIXY reasonably believes to be fraudulent;
7.3.10 using tools and mechanisms to hide Customer's identity and location (e.g. use of proxy and other anonymising technology);
7.3.11 causing or maintaining a negative balance on an Account;
7.3.12 engaging in activities which may expose KIXY to an increased risk of fraud or credit exposure that is beyond the acceptable limits set by KIXY;
7.3.13 engaging in activities that lead to KIXY handling a disproportionate number of claims settled in favour of the claimant Customer;
7.3.14 using or accessing the Services from a jurisdiction in which KIXY is not authorised or permitted to provide the Services;
7.3.15 intentionally or unintentionally facilitating any malicious computer programming routines that may cause damage, harmfully interfere with, clandestinely capture or steal any system, data or information;
7.3.16 facilitating any viruses, Trojan horses, worms or other computer programming tools, as well as using any anonymising proxy which might damage the KIXY App;
7.3.17 acting in a manner which negatively interferes with the provision of the Services in accordance with these Terms;
7.3.18. using the Services in a manner that could cause a risk of non-compliance with KIXYâs AML, counter terrorist financing and other relevant regulatory obligations;
7.3.19 using the Services in a manner that may result in complaints, disputes, claims, fees, fines, penalties and other liability to KIXY, a Customer or a third party;
7.3.20 disclosing information about other Customers to third parties;
7.3.21 using a Service in a manner that deviates from what is prescribed in these Terms.
7.4 Customer will be liable to KIXY or third party involved for any losses resulting from any of the activities described in Section 7.
8.1 KIXY will make every effort to avoid unauthorised Transactions to take place on Customer's Account. For these reasons Customer will be fully identified by presenting the Login Authorisation Data before being able to make any Transaction.
8.2 In case Customer reasonably believes that Account has been compromised, hacked, misused by third parties in any way or had been otherwise used in an unauthorised manner, Customer agrees to notify KIXY immediately by contacting customer services. In such a case Customer impliedly authorises KIXY to block any Transactions on the Account immediately. For any further communication identification verification procedure must be repeated by KIXY.
8.3 KIXY reserves a right to block Customer's Account in case it reasonably believes that Customer's Account has been compromised, hacked, misused by third parties in any way or had been otherwise used in an unauthorised way. KIXY will notify Customer in the event of blocking as soon as it might be reasonably necessary in the situation.
8.4 KIXY will not bear any responsibility for any losses resulting from unauthorised use of the Account or Services, including to any Transactions made in the KIXY Internet-application or outside it.
9.1 KIXY will be entitled to amend these Terms at any time by giving thirty (30) daysâ notice, including but not limited to notice given by e-mail to Customer or posted on KIXY's website or presented when Customer accesses the KIXY App. Such changes and/or amendments will become effective on the date specified in the notice, unless expressly disapproved by Customer within thirty (30) days from the date of the notice, in which case the Parties may exercise their right to terminate the Business Relationship in accordance with these Terms .
9.2 KIXY expressly reserves a right to use the KIXY website and the KIXY App to inform Customer about any changes to these Terms and the posting of a notice on KIXY's website or notification via the KIXY App will be deemed a valid notification of such changes to Customer. Customer will regularly review KIXY's website and/or to regularly access the KIXY App where relevant information may be published.
9.3 Amendments to the Terms considered necessary by Kixy for the improvement of the Services and their delivery or in cases where Customer's rights and obligations are not adversely affected will apply with immediate effect.
10.1 The Business Relationship between Customer and KIXY will remain in force until terminated in accordance with these Terms or the Railsr Terms.
10.2 Without prejudice to the right to early terminate as set forth in the next Section, either party is entitled to terminate the Business Relationship with the other at any time, without reason, by giving no less than one (1) monthâs prior written notice, including but not limited to notice given by e-mail to the other party, such notice to specify the date on which the termination is to become effective. No penalty will be payable by either party upon termination of the Business Relationship. Termination will in no way affect any rights and obligations accrued hereunder until the date of termination. In the event of early termination, Customer will not be permitted to cancel Transactions which have already been executed and will fully remunerate Services already provided.
10.3 The termination of the Business Relationship with Customer will end Customer's right to use the KIXY App and any other software and solutions made available by KIXY via the Services or directly to Customer.
10.4 Upon termination of the Business relationship, Customer and KIXY undertake to complete all Transactions that are already in progress and these Terms will continue to bind both Parties in relation to such Transactions. However, KIXY will be entitled to complete all outstanding Transactions of Customer and to offset, after conversion into the Base Currency, any amount due to Customer against any amount owed by Customer, irrespective of the effective date of any relevant Transaction. KIXY will be entitled to deduct all amounts due to it before transferring any funds on any Account of Customer.
11.1 Neither party will disclose to any person (unless required to do so by any applicable law or by any regulatory or supervisory authority or by any other person entitled by law to require such disclosure) any information relating to the business, Transactions, finances or other matters of the other party which are confidential in nature and which it may in the course of its duties or otherwise become aware, and each arty will use all reasonable endeavours to prevent any such disclosure.
11.2 By adhering to these Terms, Customer authorises KIXY to disclose such information relating to Customer as may be required by any applicable law, rule or regulatory authority without notice to Customer.
12.1 All KIXY logos used in connection with the KIXY Services are trademarks of KIXY. Customer will not copy, imitate or use them without KIXYâs prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KIXY. All rights, title and interest in and to the KIXY website and the KIXY App, any content thereon, the KIXY Services, the technology related to the KIXY Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of KIXY.
13.1 The rights and remedies contained in these Terms will be cumulative and not exclusive of any rights or remedies provided by law. No delay or omission of KIXY in exercising any right, power or remedy provided by law or under these Terms, or partial or defective exercise thereof, will:
13.1.1 impair or prevent any further or other exercise of such right, power or remedy; or
13.1.2 operate as a waiver of such right, power or remedy;
13.1.3 no waiver of breach of all or part of these Terms will (unless expressly agreed in writing by the waiving party) be construed as a waiver of any future breach of the same or as authorising a continuation of a particular breach.
14.1 Customer will indemnify KIXY and keep KIXY indemnified against all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise, and including reasonable legal fees) which may be suffered or incurred by KIXY as a result of or in connection with:
14.1.1 any breach of these Terms by Customer;
14.1.2 as a result of illegal actions performed by Customer using KIXY services.
15.1 KIXY has no obligation whatsoever to any taxation or similar authority in respect of any taxation or other similar duty or levy payable by Customer. It is Customer's obligation to pay all taxes, duties and levies that are payable by them in respect of Customer's Account or Customerâs use of the Services.
16.1 KIXY is not responsible for any breach of these Terms, or for any loss Customer might incur in connection with such breach, due to any Force Majeure circumstances.
16.2 The performance of the Services is deemed to be suspended for the period that the Force Majeure circumstances continue, and KIXY will have an extension of time for performance for the duration of the Force Majeure period.
16.3 If any Force Majeure circumstances occur, KIXY may take any action it considers appropriate in connection with the Services.
17.1 KIXY is committed to protecting its customersâ privacy. This Section explains what personal data KIXY collects and stores about Customer, persons with whom KIXY shares the personal data, and how Customer can instruct KIXY not to share certain personal data with other persons.
17.2 KIXY may collect, use and disclose personal data as authorised by law or with Customer's consent. Depending on the circumstances, Customer's consent to the collection, use and disclosure of personal data may be express or implied. Express consent would arise if Customer specifically consented to a particular dealing in relation to its personal data. Express consent can be given orally, electronically (by clicking a button) or in writing. If KIXY needs to collect, use or disclose any information for any purpose not set out in this Section, KIXY will give Customer appropriate notification and give them the opportunity to object or decline to the collection, use, or disclosure of this information.
17.3 Applicability of Privacy:
17.3.1 The provisions of this Section apply to Services offered by KIXY pursuant to these Terms, but exclude services provided by third parties that have separate privacy policies that are not included in this Section.
17.3.2 This Section does not apply to services offered by other companies or individuals, including products or sites linked to the Services.
17.3.3 This Section does not cover the information practices of other companies and organisations which advertise their services, and which may use cookies, pixel tags and other technologies to serve and offer relevant ads.
17.4 What is personal data? Customer's personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
17.5 KIXY stores collected personal data of its Customers electronically on a computer or in certain paper filing systems, relating to an individual, who can be identified from that data (or from that data and other non-public personal data in our possession). Personal data can be factual or an opinion.
17.6 Data collection and purpose specification:
17.6.1 The purpose of collecting Customer's personal data is to set up, manage, analyse and maintain Customerâs Accounts, as well as to offer other KIXY Services to Customer.
17.6.2 when collecting personal data from Customers, KIXY provides Customers with the following information unless it is already available to Customer: KIXYâs name and address, the intended purpose for the personal data collection and processing,
17.6.3 On the basis of a request from Customer, KIXY provides the following information:
17.6.3.1 the possible recipients of the personal data;
17.6.3.2 the right of Customer to gain access to their personal data and to make corrections in such data;
17.6.3.3 whether providing an answer is mandatory or voluntary, as well as the possible consequences of failing to provide an answer;
17.6.3.4 the legal basis for the processing of personal data.
17.6.4. KIXY collects and processes the following personal data about its Customers:
17.6.4.1. personal data Customer provides on applications or other forms or uploads to the KIXY website or the KIXY App in relation to its Account, such as name, address, e-mail address, gender, identification number, telephone number, date of birth and âKnow Your Clientâ information;
17.6.4.2 personal data about Customers' Transactions with KIXY or other parties, such as account activation, Account balance and the execution of Transactions; and
17.6.4.3 Customerâs correspondence with KIXY.
17.6.5. Personal data KIXY receives from third parties in order to verify information that Customer has provided to KIXY (such as identity verification), or to protect its Customers, suppliers and correspondents against fraud, such as payment processors, banks, credit reference agencies (for identification and fraud-prevention purposes only, and not for credit checking purposes), fraud checking agencies, providers of operational services, and regulators.
17.6.6 KIXY does not collect or store:
17.6.6.1 any personal data from its Customers when they intend to use Services unless expressly stated to the contrary;
17.6.6.2 information about its Customers from other sources, such as public records or bodies or private organisations;
17.6.6.3 any sensitive personal data about Customers;
17.6.7 KIXY will only use Customerâs personal data in anonymous form if Customer has knowingly and expressly provided this data to KIXY.
17.6.8. Disclosure of Customer's personal data:
17.6.8.1 KIXY will not disclose Customer's personal data to any third parties with the following exceptions;
17.6.8.2 any electronic money issuer or issuer of payment cards provided through KIXY and any card scheme, e.g. Visa or Mastercard;
17.6.8.3 other third parties who provide services to Client, which require the use of KIXY services, for example operators of currency exchanges;
17.6.8.4 persons who perform services on behalf of KIXY, including those who administer Customer's use of Services or Customer's Account or respond to Customer inquiries, or who provide marketing services to KIXY;
17.6.8.5 persons from whom KIXY receives or to whom KIXY transfers Customer's funds held in Accounts that KIXY provides to Customer;
17.6.8.6 any person to whom KIXY transfers or assigns its business or its agreements with Customer;
17.6.8.7 as required by applicable law or regulation; and
17.6.8.8 persons as instructed by Customer.
17.6.9 KIXY has the right to provide Customerâs personal data to third persons in certain circumstances. For example, - KIXY may provide Customerâs personal data to a debt collection agency if any amount due or owing by Customer to Kixy under these Terms cannot be collected by KIXY acting on its own account.
17.6.10 Protection of personal data:
17.6.10.1 once sent to KIXY, personal data is stored on its servers, to which access is strictly limited. KIXY has taken particular precautions to ensure the protection of its technical environment.
18.1 If Customer has a complaint regarding Services or any other matters contained in these Terms, Customer may contact KIXY by e-mail: customer.support@kixy.com or by other means, as mentioned in the KIXY complaints handling policy which is available upon demand.
19.1 KIXY is not responsible for any breach of these Terms, or for any loss Customer might incur in connection with such breach, due to any Force Majeure circumstances. The personal information KIXY collects from Customer will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify Customerâs identity. If fraud is detected, Customer could be refused certain services, finance, or employment. Further details of how Customerâs information will be used by Kixy and fraud prevention agencies, and Customerâs data protection rights, can be found in Kixyâs privacy policy: Kixy - Privacy Policy. Further details of how Customerâs information may be used by KIXY and fraud prevention agencies, and Customerâs data protection rights, can also be found by visiting www.cifas.org.uk/fpn.
19.2 Whenever fraud prevention agencies transfer Customerâs personal data outside of the United Kingdom and the European Economic Area, they impose contractual obligations on the recipients of that data to protect Customerâs personal data to the standard required in the European Economic Area. They may also require the recipient to subscribe to âinternational frameworksâ intended to enable secure data sharing.
20.1 Customer and KIXY will endeavour to amicably resolve any dispute, in good faith and in a constructive manner. Customer acknowledges and agrees that threats to, and blackmailing of, KIXY are prohibited and constitute valid grounds for interruption of negotiations and for immediate termination of any Business Relationship.
20.2. If Customer is not satisfied with KIXYâs response to a complaint, they can use an alternative dispute resolution procedure and contact the Financial Ombudsman Service. More information about the Financial Ombudsman Service can be found at: https://www.financial-ombudsman.org.uk/.
21.1 These Terms are construed in accordance with and will be governed by the laws of England and Wales.
21.2 Any dispute, controversy or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, will be settled before the courts of England and in accordance with the laws of England and Wales.
21.3 Sections 20 and 21 of these Terms will survive any termination of these Terms and/or the relationship between KIXY and Customer.
