Terms and conditions

1. General provisions

1.1. Welcome to KiyanPay. The terms of use listed below ("Terms") tell you the rules for accessing and using our website www.KiyanPay.com (our "Site") and our native smartphone application (our "App") which can be downloaded at App Store and Google Play.

1.2. It is important that you understand that access and use of our Site and our App is conditional upon your acceptance of these Terms. By accessing and using our Site or our App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms then you must not use our Site or our App.

1.3. These Terms refer to the following additional terms which also apply to your use of our Site and our App:
  • Our Privacy Policy which sets out how we use your personal information.
  • Our Cookies Policy which sets out the information about the cookies we use on our Site.
  • Our E-money Account Terms and Conditions which apply if you use any of our account or money transfer services.
  • 1.4. Please note that these Terms may be modified or updated from time to time to reflect changes to our Site or our App or changes in the law but, should this happen, they will be posted on our Site and our App (as applicable). Each time you wish to use our Site or our App, please check these Terms to ensure that you understand the terms which will apply at that point in time as any changes will be applicable from the date they are published. These Terms were most recently updated on 27/10/2021.

    1.5. You hereby acknowledge and agree that the English language version of these Terms is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with the present Terms or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.

    1.6. We recommend that you print a copy of these Terms for your own reference. At all times, you may request to receive a printed copy of these Terms via post or email using the contact details set out at Section 2 below.

    2. Information about us and how to get in touch with us

    2.1. Our Site and our App are operated by KiyanPay Ltd ("KiyanPay", "we", "us", "our"), a company incorporated and registered in England and Wales under company number 11201126 whose registered office is at 40 Gracechurch Street, London EC3V 0BT, United Kingdom.

    2.2. KiyanPay is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution and is listed on the Financial Services Register (Firm Reference Number 814005).

    2.3. If you would like to contact us for any reason in connection with our Site and our App or any part of these Terms, we can be contacted via the following means:
  • Post: FAO KiyanPay Ltd, 40 Gracechurch Street, London EC3V 0BT, United Kingdom.
  • Email: terms@KiyanPay.com
  • Website: KiyanPay.com
  • 3. How we use your personal information

    Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations. Please refer to our Privacy Policy for details regarding how we handle your personal information.

    4. Access to and use of our Site

    4.1. You may access and use our Site and our App only as permitted by these Terms. You are also responsible for ensuring that all persons who access our Site and our App through your internet connection are aware of these Terms and that they comply with them.

    4.2. There is currently no charge to access and/or use our Site or our App. However, you are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access and/or use our Site and our App.

    4.3. We may suspend, withdraw or restrict the availability of all or any part of our Site or our App for business and operational reasons at any time without notice or liability to you. We will try to give you reasonable notice of any suspension or withdrawal.

    4.4. We may also update and change our Site or our App from time to time. We will try to give you reasonable notice of any major changes.

    5. Your KiyanPay e-money account

    5.1. If you choose, or you are provided with, a KiyanPay e-money account, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.

    5.2. We have the right to disable any KiyanPay e-money account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

    5.3. If you know or suspect that anyone other than you knows your customer account or password, you must promptly notify us using the contact details set out at Section 2 above.

    6. Intellectual property

    6.1. Our Site, our App and their contents (including any intellectual property rights contained therein) are owned by us, our affiliates or our third party licensors and are protected by copyright laws and treaties around the world. You shall not acquire any right, title or interest in or to our Site, our App or their contents which shall remain our property and/or the property of our third party licensors.

    6.2. Our Site, our App and their contents are licensed to you in accordance with these Terms. Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the content for solely viewing within our Site and our App and to view and retain a copy of the pages of our Site and our App solely for your own personal use.

    6.3. You must not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute, use or exploit our Site or our App (including any part of their contents) for public or commercial purposes without obtaining a licence to do so from us or our third party licensors. Our status (and that of any identified contributors) as the authors of any content on our Site and our App must always be acknowledged.

    6.4. You may not: (a) use any robot, spider, scraper or other automated device to access our Site or our App; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on our Site or our App (or printed pages of our Site or our App). Notwithstanding these restrictions, any open source software components included in our Site will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

    7. Linking to our Site or our App

    7.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    7.2. You must not establish a link to our Site or our App in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at Section 9 below.

    7.3. Our Site and our App must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

    7.4. We reserve the right to withdraw linking permission without notice.

    8. Prohibited uses

    8.1. You may only use our Site and our App and their contents for lawful purposes.

    8.2. You may not use our Site and our App and/or any of their contents:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material using our Site and our App which does not comply with our content standards set out at Section 9 below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • 8.3. You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our Site or our App and/or any of their contents in contravention of the provisions of these Terms.
  • Not to reverse engineer, decompile, disassemble or otherwise attempt to obtain our Site’s or our App's source code, other than as permitted by applicable law.
  • Not to tamper with, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of our Site or our App or infect them with any malicious code.
  • Not to otherwise access without authority, interfere with, damage or disrupt:

  • any part of our Site or our App;
  • any equipment or network on which our Site or our App is stored;
  • any software used in the provision of our Site or our App; or
  • any equipment or network or software owned or used by any third party.
  • 9. Uploading content to our Site or our App

    9.1 Whenever you make use of a feature that allows you to upload content to our Site or our App, or to make contact with other users of our Site or our App (each a "Contribution"), that Contribution must:
  • be accurate (where it states facts); and
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in England and Wales and in any country from which it is posted.
  • 9.2. A Contribution must not:
  • contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors or inflammatory;
  • be likely to harass, alarm, deceive or intimidate another person;
  • contain or promote sexually explicit material or violence;
  • promote discrimination based on any protected characteristic;
  • infringe a third party's intellectual property rights;
  • break any legal duty owed to a third party, such as a contractual duty or duty of confidence.
  • advocate, promote, incite any party to commit or suggest anything illegal or unlawful, including fraud;
  • give the impression that the Contribution emanates from KiyanPay, if this is not the case; or
  • contain any advertising or promote any services or web links to other sites.
  • 9.3. You promise that your Contribution shall comply with the above standards, and you will compensate us in full for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of that promise.

    9.4. Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you are required to grant us and other users of our Site and our App a limited permission to use, store and copy that Contribution and to distribute and make it available to third parties.

    9.5. We also have the right to disclose your identity to any third party who is claiming that your Contribution constitutes a violation of their intellectual property rights or of their right to privacy.

    9.6. You are solely responsible for security and backing up your Contribution.

    10. Breaches of these Terms

    10.1. When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

    10.2. Failure to comply with Section 8 ("Prohibited uses") above constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our Site and our App.
  • Immediate, temporary or permanent removal of any contribution uploaded by you to our Site or our App.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach.
  • Further legal action against you
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • 10.3. We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

    11. Limitations on our liability

    11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of any breach by us or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of acceptance of these Terms, both we and you knew it might happen, for example, if you discussed it with us.

    11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury resulting from our negligence or the negligence or our employees, agents of subcontractors and for fraud or fraudulent misrepresentation.

    11.3. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our E-money Account Terms.

    11.4. Please note that our Site, our App and their contents are for domestic and private use only. You agree not to use our Site, our App or their contents for any commercial or business purposes, and we have no liability to you for any loss of profits or savings or anticipated profits or savings, loss of opportunity, loss or reputation, goodwill or business or any economic loss even if we are advised in advance of the possibility of such loss.

    11.5. The contents on our Site and our App are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of such content.

    11.6. Where our Site or our App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those third party sites or resources.

    11.7. We do not guarantee that our Site or our App will always be available, be uninterrupted, secure or free from bugs or viruses, nor that our Site, our App or their contents will be free from errors or omissions.

    11.8. Although we make reasonable efforts to update the information on our Site and our App, we make no promises and provide no assurances that the contents on our Site and our App are accurate, complete or up to date.

    12. General

    12.1. You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.

    12.2. We shall be entitled, without your consent, to transfer our rights and obligations under these Terms to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through our Site).

    12.3. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

    12.4. Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purposes of such written communications.

    12.5. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

    12.6. If any court or competent authority holds that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms which will continue in full force and effect to the fullest extent permitted by law.

    12.7. These Terms, 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 English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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