• Terms and Conditions

    Entering into this Agreement

    1.0 KogoPAY e-money

    1.1 E-Wallets

    1.2 Registering a new e-wallet account

    1.3 Account Services

    2.0 Funding your account

    2.1 Deposits.

    2.2 Transfers and withdrawals.

    2.3 Account Management

    3.0 Account Management

    3.1 Anti-Money Laundering.

    3.2 Your security details.

    3.3 Negative Balance.

    3.4 Cleared Funds.

    3.5 Clearing Times.

    3.6 Payment Demands.

    3.7 Fees and charges.

    3.8 Account closure.

    3.9 Assignment.

    3.10 Transfer.

    3.11 New Service Provider.

    4.0 Service Standards

    4.1 Anti-Money Laundering.

    4.2 Your security details.

    4.3 Negative Balance.

    4.4 Cleared Funds.

    4.5 Clearing Times.

    4.6 Payment Demands.

    4.7 Fees and charges.

    4.8 Account closure.

    4.9 Assignment.

    4.10 Transfer.

    5.0 Acceptable Use

    5.1 Copyright.

    5.2 Trade Marks.

    5.3 Restricted Use.

    5.4 Linked Websites.

    5.5 Termination of Access.

    6.0 Money Laundering

    6.1 Information.

    6.2 Reporting.

    6.3 Force Majeure.

     

     

    7.0 Disclosure

    7.1 Visitors.

    7.2 Cookies.

    7.3 Third Parties.

    7.4 Aggregation.

    7.5 Confidentiality.

    7.6 Access.

    7.7 Unauthorised Access.

    8.0 Claims

    8.1 Visitors.

    8.2 Cookies.

    8.3 Third Parties.

    8.4 Aggregation.

    9.0 Account Types

    9.1 Individual.

    9.2 Business.

    10.0 Data Protection

    10.1 Anti-Money Laundering.

    10.2 The Data Protection Principles.

    10.3 Rights of Data Subjects.

    10.4 Personal Data.

    10.5 Processing Personal Data.

    10.6 Data Access

    10.7 Data retention time.

    10.8 Communication.

    Entering into this Agreement

    This Agreement is between KogoPAY and you.

    These Terms and Conditions apply to:

     

    a)

    the use of the KogoPAY website, and

    b)

    your e-wallet account, and

    c)

    the purchase or sale of currency.

     

    If you do not accept these Terms and Conditions, you are not entitled to access our website. These Terms and Conditions must be read in conjunction with any other applicable terms and conditions governing:

     

    a)

    the use of our website;

    b)

    information on fees and charges;

    c)

    e-wallet accounts and transaction types;

    d)

    special regulatory requirements;

    e)

    features and the user guide provided under the KogoPAY website.

     

    You must be 18 years old or over in order to register for services with KogoPAY. If the e- wallet account is in a company's name you must be authorised to conduct transactions on behalf of your company.

    We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our website. Your continued use of our website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

    1.0 Your KogoPAY Account

    1.1 E-Wallets

    1.1.1 Accounts. KogoPAY e-wallet accounts (accounts) are virtual accounts operated through KogoPAY’s services - online at the KogoPAY website, our mobile app, and out call centre.

    1.1.2 Bank of Lithuania. KogoPAY e-wallet accounts are issued by KogoPAY’s Payment Service (KogoPAY) which is authorised and regulated by Bank of Lithuania for issuing of Electronic money under the registration No. 304956760 in Lithuania.

    1.1.3 Licensed Platform. While the license allows KogoPAY to operate client e-wallet accounts, issue, hold, and redeem (pay) e-money; it is not a mainstream bank providing clearing, lending or investment to clients. It provides a platform to hold balances in a multiple of currencies; conduct currency exchanges; to make and receive payments on Client instructions.

    1.1.4 Opening your Account. Upon registration and being accepted, an e-wallet account will be opened for you, the balance of e-money in your account will be held at any first class bank in a pooled client account (segregated account). Your e-wallet account can be accessed via your username and password routine and viewed on our website or mobile app available 24/7, 365 days basis subject to any downtimes for maintenance or to comply with legal requirements.

    1.1.5 Transfers and Interest. Your KogoPAY e-wallet account allows electronic access to your funds for currency exchange; transfers and payments. Your e-wallet account does not earn any interest.

    1.1.6 Currencies. Subject to your type of account, your account may hold balances in a multiple currencies and conduct currency exchange transactions.

    1.1.7 Deposits and Withdrawals. You may deposit and withdraw funds from your account to the extent available, net of any pending obligations and fees, by using the facilities provided in your account pages after you have securely logged in to your account.

    1.2 Registering a new e-wallet account

    1.2.1 Registration Types. To register for a new e-wallet account, you must complete your registration details in the manner described on our website and agree to these terms and conditions and submit electronically after completion. There are two types of e-wallet accounts: business and individual which are explained in 9.0.

    1.2.2 Tariffs. Information about the e-wallet account types, limits and restrictions applicable and general tariff structure are in Annexure 1. Individual terms agreed on case to case will be communicated individually and they will override default terms.

    During the online application process, you will be asked to provide your registration details as follows.

    1.2.3 Business Accounts. You shall provide business details as follows about your business:

     

    a)

    registration number,

    b)

    registered corporate name and any trading names used,

    c)

    registered address and any principal trading address,

    d)

    director names,

    e)

    beneficial owners and shareholders,

    f)

    nature of its business,

    g)

    business and currency trading volume

     

    For each director and beneficial owner:

     

    i)

    passport, or

    ii)

    driving licence, or

    iii)

    national ID

     

    AND

     

    iv)

    a recent local council/corporation tax bill; or

    v)

    a recent utility bill (for a fixed service, i.e. not a mobile phone bill); or

    vi)

    a recent bank or building society statement or passbook; or

    vii)

    HMRC or local tax notification.

     

    1.2.4 Individual Accounts. You shall provide business details as follows about your business:

    i)

    passport, or

    ii)

    driving licence, or

    iii)

    national ID

     

    AND

     

    iv)

    a recent local council/corporation tax bill; or

    v)

    a recent utility bill (for a fixed service, i.e. not a mobile phone bill); or

    vi)

    a recent bank or building society statement or passbook; or

    vii)

    HMRC or local tax notification.

     

    1.2.5 Registration Documents. Your documents may be scanned and sent by email; captured by a mobile phone; sent by post; or handed over at any of our offices, branches or authorised agents. KogoPAY may at its sole discretion in some cases require each copy of these documents to be certified as "original seen" by an authorised KogoPAY staff or such certification from one of the following in the local country of residence of the applicant: lawyer, banker, accountant, doctor or a local civil servant.

    1.2.6 Account Acceptance. You will be notified of the approval/rejection of your application. We also may place further special conditions on your e-wallet account from time to time depending on the operation of your e-wallet account and/or legal requirements. You will be notified about such conditions.

    1.2.7 Account Termination. We reserve the right to suspend or terminate your e-wallet account at any time: if you breach these terms and conditions or for any other reason. We are not obliged to provide any reasons to you.

    1.2.8 Changes to Circumstances. You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to your registration details as originally supplied. You agree to keep KogoPAY up-to-date with your relevant details we hold about you. False representation provided during registration or during updates to us may lead to civil or criminal action to be taken against you in accordance with law; including against any party assisting a civil wrong or a criminal offence such as one of your associates or an attesting signatorty.

    If you move residence to a different country, you agree to notify us of your new address and residence immediately. You may be allocated a new e-wallet account number or your e- wallet account may be closed due to any regulatory reasons.

    You may be requested to update or confirm the details held by us.

    1.3 Account Services

    1.3.1 Account Access. The e-wallet account can be accessed through our website or by contacting the KogoPAY call centre. You will need your security access details such as your username and password to login; or your mobile phone number and security number when contacting our call centre.

    The user guide on the KogoPAY website provides detailed information for you to view and conduct transactions with your e-wallet accounts.

    1.3.2. Account Details. On accessing “My e-wallet account”, the page will provide details of your e-wallet account number and the net balance on your the account.

    1.3.3 Currency Exchange. You can conduct currency exchange transactions with your e- wallet account and place limit orders.

    1.3.4. Account Statement. In the e-wallet accounts statement page, the balances available in each currency will be shown in a summarised form. Your net account balance will be shown. This is calculated as the sum total of your currency balances equivalent in the home currency at prevailing exchange rates.

    As a default view, your account ledger will show the entries made during the current month with opening and closing balances; however, all other entries will be available for viewing through an archive facility by entering required criteria.  The ledger is a view only facility and you cannot make any entries.

    The net balance on your e-wallet account is dynamic. If your e-wallet account holds multiple currency balances then your net balance will be updated regularly to take into account the changes in the applicable currency rates.

    You have to hold a sufficient balance in a currency that you wish to transact in. You will not be able to do any transactions with a negative balance.

    1.3.5 Single Currency Transfers. All new KogoPAY e-wallet accounts are denominated in a ‘single currency’ by default and this depends on where you are registered unless specifically agreed by KogoPAY. This means that your money is held in the your home currency e.g. British Pounds (GBP) for UK account holders.

    If you transfer funds from a single currency account to another single currency account but with a different denominated currency, the recipient’s account will be credited in the denominated currency of the recipient’s account by an automatic currency conversion by us at prevailing rates.

    1.3.6 Multi-Currency Transfers. Our multi-currency account service allows you to hold balances in a multiple of currencies and the range of currencies is listed by KogoPAY.

    If you transfer funds from a multi-currency account to another multi-currency account, the recipient’s account will be credited in the same currency as it was sent unless that currency was not supported by the recipient member.

    The transfer is executed even if the sending account did not have the necessary balance in that currency, as long as the net balance in the multi-currency account determined as the sum

    total of the balances of all the currencies has adequate funds to cover the transaction or a suitable credit limit has been authorised by KogoPAY.

    1.3.7 Negative Balances. KogoPAY may require a negative balance to be cleared within certain periods if this is not done by you. This may be done by your depositing funds in negative balance currency, or by performing a suitable currency exchange credit to your KogoPAY account. KogoPAY shall have the right to convert any available positive balance to clear the negative balance. This will be implemented at the prevailing rates in the system.

    As per international standards, the transaction date plus two days will apply to currency exchange settlement; same day settlement is not guaranteed. This standard applies to all transactions which involve a currency exchange.

    2.0 Funding your account

    2.1 Deposits. Deposits can be made into your e-wallet accounts by paying into any of the bank accounts nominated for this purpose the details of which are available in the “Deposit” page. You can also use your debit card to pay into your account. Charges may be applicable for using a card to load your account.

    Deposits into your account will be appropriated first towards transaction fees, then to bank transfer fees and finally the balance if any to random receipts.

    2.2 3D Checks. All debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your deposit will not be accepted.

    3D Secure is a payment verification protocol used by major debit card companies/issuers, branded as 'Verified by Visa' and 'MasterCard Secure Code' to prevent debit card fraud.

    Cards registered with 3D Secure require the user to enter a password for validation purposes. This password will have been created by you when you were registered for 3D Secure. If in doubt, please contact your card issuer.

    3D Secure verifies card details, offering the country of issue and other card holder details to the proposed vendor.

    The system is completely automated and KogoPAY does not store any of the data provided by the 3D secure system.

    2.3 Transfers and withdrawals. In the Transfers page, you can make payments and withdrawals from your account. You can transfer money to another account anywhere in the world, make a payment to a beneficiary having an account in any other bank in the world. You may also order currency in notes from your account - subject to availability - special fees and charges that may be applied.

    Payments out of your account will be made as per availability of funds in your account prioritised as follows: dues towards Transaction fees; Bank transfer fees; any other fees and charges; Transfer and Payment instructions.

    3.0 Account Management

    3.1 Anti-Money Laundering. As part of our Anti Money Laundering procedure when you complete one a transfer, your registered address details (as the sender) and your beneficiary’s details (receiver), will be exchanged between the sending and receiving Hosts i.e. in the outbound message from the sending Host we send the sender's details and in the response from the receiving Host we return the receiver's details. These details include:

     

    a)

    name,

    b)

    company,

    c)

    address details,

    d)

    contact details,

    e)

    gender,

    f)

    date of birth, and

    g)

    identity details.

     

    3.2 Your security details. In the account details page, you can view your current registered details and change your password and security number.

    3.3 Negative Balance. If you have more than one account and one of the e-wallet accounts goes into a negative balance, e.g. from transaction fees, then we reserve the right to amend the balance from another of your e-wallet accounts according to 1.3.7.

    3.4 Cleared Funds. Unless otherwise agreed, in all transactions you shall provide sufficient funds in your account with KogoPAY, to the full value of the currency sold. Payment obligations from you are complete only when cleared funds in full have been made available in your account with KogoPAY.

    KogoPAY is not obliged to pay you any amount in respect of any withdrawal or payment requests from your account with KogoPAY without their being sufficient funds in your account to clear any request and the fees associated with that request.

    3.5 Clearing Times. KogoPAY will make all reasonable effort to make payment to you based on your instructions within 3 working days of receipt of instructions for payment from you unless otherwise agreed; KogoPAY will not be responsible for any delays or costs caused by circumstances beyond our control. In the event of a failure on the part of KogoPAY, we will not accept liability in any circumstances beyond the charges associated with the transaction. You must notify KogoPAY as soon as possible of any payment not made by KogoPAY or received by the nominated beneficiary within reasonable time and we will look into the matter and resolve the issue.

    3.6 Payment Demands. Payments out of your account beyond the cleared and/or actual available funds on your account will be your liability irrespective of any errors or omissions by you or KogoPAY. Such liability will be payable by you upon first demand from KogoPAY according to 2.1, 2.3, 3.7 and 3.8.

    Requests made by you will be regarded as final instructions and any amendments requested will be attempted to be implemented and any costs incurred in doing so will be charged to your account. It should be noted that KogoPAY will not be responsible for any losses incurred by you in this regard should the amendment process not be successful for any reason.

    3.7 Fees and charges. Applicable fees and charges will as be published on our website from time to time. Some fees may be charged in another currency. In certain cases, the Overseas Bank charges for an International TT may be taken by the overseas office of the remitting bank under special arrangements with the respective beneficiary bank.

    These rates are subject to change with 60 days notice. If in our opinion a change that is being made is material, we will send you an email at least 60 days before making the change, unless a more immediate change is required by law or other valid reason. Otherwise we will notify you of any other changes within 60 days of making the change.

    3.8 Account closure. Your account will remain active, unless it has been closed by KogoPAY for any reason or where you have given 30 days written notice to close the account.

    When your account is closed by KogoPAY under 1.2.8, 3.8, 4.10, 6.7, then all money - less any fees, obligations and charges on your account - will be returned to you. You agree to keep your banking details up-to-date at KogoPAY so that any funds can be returned.

    3.9 Assignment. KogoPAY will not reassign accounts due to an execution of a Will; assignment deed; transfer deed; inheritance; or any other such document or deed: unless required by law. Such actions will cause your account to close, subject to any legal constraints. Similarly, for business e-wallet accounts, KogoPAY will not reassign accounts due of mergers, acquisitions, settlement, administrative orders or any other such automatic transfer documents or procedures unless required by law.

    3.10 Transfer. Notwithstanding anything contained in any of the clauses in these terms and conditions, we may assign the benefit and burden of these Terms and Conditions to another company at any time, on giving you at least 30 days prior notice of this. If we do this, your rights will not be affected.

    3.11 New Service Provider. We may also transfer your unused balance to a new e-wallet account for you at a new service payment provider at any time. Before we do this, we will give you at least 30 days notice of the new account arrangements and the Terms and Conditions. Unless you advise us within the 30 day period that you do not want your new e- wallet account from the new provider, you agree that we can automatically transfer your unused balance on your account to a new account provided by the new service provider.

    You will need to provide random details as required by the operator from your security number for identification.

    Instructions once given by you cannot be cancelled or rescinded or amended by you without the written consent of KogoPAY.

    KogoPAY may also require you in certain circumstances to confirm the instructions in writing in such form as it thinks fit to avoid ambiguities or for any other reason whatsoever.

    KogoPAY may record and keep transcripts of recordings made of the dealings and instructions by you over the telephone and use the same to resolve disputes.

    4.0 Service Standards

    4.1 Complaints. If you are unhappy in any way with your e-wallet account or service provided by us or the way it is managed, tell us by using the email enquiry facility on our website, so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly.

    You may be able to take unresolved complaints to the Financial Ombudsman Service at: Postal address: Exchange Tower, Harbour Exchange, London, E14 9SR Switchboard: 020 7964 1000

    4.2 Compensation. Your e-wallet account is an electronic money product and although it is a product regulated by the Bank of Lithuania, it is not covered by the Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with your e-wallet account.

    This means that in the unlikely event that KogoPAY becomes insolvent your funds may become valueless and unusable: as a result, you may lose your money. Notwithstanding the aforementioned, your funds are kept in first class bank accounts and are segregated in Client Fund accounts to cover the full value of the balances in your e-wallet account.

    Hence in the unlikely event that KogoPAY becomes insolvent, the funds held in the pooled client account in the bank cannot be attached or encumbered and will be used to return your funds.

    4.3 Disclaimer. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our website or any linked website; nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this website and mobile application.

    We offer no warranties in relation to the currencies or services sold or listed pursuant to the trading process. We also offer no warranty in relation to the availability of the trading service.

    To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

    If an undisputed breach of contract by us relates to the sale or purchase of currency, then we promise:

     

    i)

    replacement of the currency or the supply of currency of an equivalent value; or

    ii)

    payment of the cost of replacing the currency or of acquiring equivalent currency.

     

    If such a breach relates to services, then we promise to:

     

    i)

    replacement of the currency or the supply of currency of an equivalent value; or

    ii)

    payment of the cost of replacing the currency or of acquiring equivalent currency.

     

    For the avoidance of doubt, our liability will be limited to the lower of the amount of such loss or damage and the additional cost caused by exchange rate fluctuations of carrying out the necessary rectifying transaction.

    4.4 Exception to Disclaimer. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

    4.5 Liability and Indemnity. Like any other third party dependent payment arrangements, we cannot guarantee a merchant will service payments, or that we will necessarily authorise any particular transaction. This may be because of a systems problem, lack of liquidity with that merchant or something outside our reasonable control. Accordingly, we shall not be liable in any event that a retailer refuses to accept your transaction, or if we do not authorise a transaction, or if we cancel or suspend use of your e-wallet account. Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your e-wallet account.

    You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss damage or profit including loss of business, loss of reputation, loss of opportunity) which may be suffered or incurred by you or which may arise directly or indirectly in respect of currency or other services including foreign exchange services supplied pursuant to the service offered over this website and mobile application. Any information provided in the website or links to any sites should not be construed as advice for investment. KogoPAY is not in the business of offering investment advice.

    You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or satisfy the requirements of a sale or purchase.

    You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

    4.6 Access. You must ensure that your access to or use of our website and our mobile application is not illegal or prohibited under relevant law.

    4.7 Anti-virus Protection. You must take your own precautions to ensure that the process which you employ for accessing our website or our mobile application does not expose you to risk of viruses or other form of interference which may damage your own computer system or mobile phone. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer or mobile phone which arises in connection with you accessing our website or any linked website or our mobile application.

    4.8 Accuracy. Whilst we have no reason to believe that any information contained on our website is inaccurate, we do not warrant the accuracy; adequacy or completeness of such information; nor do we undertake to keep our website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on our website or on our mobile application.

    4.9 Service. We do not warrant that the trading service will be available at all times or at any specific times.

    We are not responsible in the event that a transaction or trade is not processed due to technical difficulties affecting our system.  In the event of any down time; failure or malfunction of any computer equipment or software or of any telephone line or other communication system; we will not be held liable in any circumstances for any transaction attempted by you. We do not undertake to retain listings or to retain records of specific transactions.

    We are not responsible for ensuring that warranty obligations are honoured.

    4.10 Termination. You acknowledge that your failure to comply with these terms and conditions entitles us to terminate your e-wallet account status. We may determine at our discretion whether such a failure has occurred.

    5.0 Acceptable Use

    5.1 Copyright. Copyright of our website and mobile application (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than as expressly authorised by these terms and conditions, you may not in any form or by any means:

     

    a)

    adapt,

    b)

    reproduce,

    c)

    store,

    d)

    distribute,

    e)

    print,

    f)

    display,

    g)

    perform,

    h)

    publish,

    i)

    create derivative works from any part of this website.

     

    or without our prior written consent:

     

    a)

    commercialise any information,

    b)

    products or services obtained from any part of this website or mobile application. A limited license is grant

     

    A limited license is granted to you so that you may view our website contents using normal web browsers. This may involve downloading web pages and their contents to your device.

    5.2 Trade Marks. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of our trademarks in reference 12 to our activities, products or services, you must include a statement attributing that trademark to us. You may not use any of our trademarks:

     

    a)

    in or as the whole or part of your own trademarks;

    b)

    in connection with activities, products or services which are not ours;

    c)

    in a manner which may be confusing, misleading or deceptive;

    d)

    in a manner that disparages us or our information, products or services.

     

    5.3 Restricted Use. Unless we agree otherwise in writing, you are provided with access to this website only for your personal use or business use of your KogoPAY account. You are authorised to print a copy of any information contained on this website for such uses, unless such printing is expressly prohibited. Without limiting the aforementioned, you may not, without our written permission, sell information obtained from our website.

    5.4 Linked Websites. Our website may contain links to other websites ('linked websites'').  These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement approval or recommendation by us of the owners or operators of those linked websites; or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

    5.5 Termination of Access. Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

    6.0 Money Laundering

    6.1 Information. KogoPAY is required, under the Money Laundering Regulations, to seek certain information from you.

    For a business account, the usual documentation is your company's most recent audited accounts and a copy of the Certificate of Incorporation.

    For an individual or a partnership, the usual documentation required is a copy of the relevant pages of your passport or each partner's passport to include photographs, passport number and personal information; and a copy of a recent utility bills or a bank statement with your current address.

    6.2 Reporting. We are legally compelled to make these requests as a result of the Money Laundering Regulations, and the Proceeds of Crime Act 2002 ("POCA"). Furthermore under the Proceeds of Crime Act 2002 we are obliged to provide a report to The National Criminal Intelligence Service (NCIS) if we become aware of a person having concealed, disguised, converted, or transferred criminal property or having removed criminal property from England and Wales or from Scotland or from Northern Ireland or if we know 13 or suspect that those or other offences under POCA or the Money Laundering Regulations are or have been committed.

    These offences could also relate to other jurisdictions apart from the foregoing. In such circumstances, we have obligations to disclose or report such matters to NCIS and are not permitted to warn or tip off our customers of having done so if it might prejudice an investigation.

    In certain circumstances we may not be able to continue to act for clients without prior clearance from the relevant authorities concerned. Please note therefore that these legal obligations may well override any obligations we may have in respect of customer/client confidentiality in certain circumstances.

    6.3 Force Majeure. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

    7.0 Disclosure

    7.1 Visitors. We may collect website or mobile application visitors contact information (like their email addresses). Unless you object, this information may be used:

     

    a)

    to send news, information about our activities and general promotional material which we believe may be useful to you;

    b)

    to monitor who is accessing our website and mobile application, or using services offered on our website and mobile application; and

    c)

    to profile the type of people accessing the website or and mobile application.

     

    If you do not wish to have your personal information used in this manner or for any other specific purpose, you should email us accordingly.

    7.2 Cookies. We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

    7.3 Third Parties. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not necessary for your use of our website. For the avoidance of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect. If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

     

    i)

    We subsequently notify you of the intended usage, or disclosure, and you do not object to that use or disclosure;

     

     

    a)

    e believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

    b)

    we are required by law to disclose the information;

     

    We will preserve the content of any email you send us if we believe we have the legal requirement to do so.

    Your email message content and your mobile message may be monitored by us for troubleshooting or maintenance purposes or if any form of email or text abuse is suspected.

    7.4 Aggregation. Personal information which we collect may be aggregated for analysis but in such circumstances, we would ensure that individuals would remain anonymous.

    7.5 Confidentiality. All personal information which we collect (including your contact details and, if relevant, debit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

    7.6 Access. You are entitled to have access to any personal information relating to you which you have previously supplied to us over our website or mobile application. You are entitled to edit or delete such information unless we are required by law to retain it.

    7.7 Unauthorised Access. Individuals should not attempt to trace or investigate the identity or status of any other customer by any means including the use of third parties and illegal entry to secure database of the website or mobile application by ‘hacking'. You should not attempt to write to, telephone, text or otherwise contact any other individual if the identity becomes known for any reason. If you are found to have indulged in these practices, we will terminate your account and legal action may follow.

    8.0 Claims

    8.1 Claim. If you wish to make a claim on us under this Agreement, you must notify us and give us such details of the loss as we may request as soon as you have identified it and in any case within seven days after you become aware or should reasonably have become aware of the event or omission on which your claim is based. If you do not do so we will not be liable to you.

    8.2 Third Party Rights. No term of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

    8.3 Whole Agreement. This Agreement contains our entire agreement. No warranty shall be implied or have any effect unless specifically included in this Agreement and in any changes subsequently notified or the additional conditions.

    8.4 Governing Law. These terms and conditions are governed by the laws in force in Lithuania.

    9.0 Account Types

    9.1 Individual. This e-wallet account is designed for individual customers who wish to open an e-wallet account. Once a customer submits their details on KogoPAY mobile application and all necessary supporting documents, an account will be opened.

    To increase your maximum e-wallet account balance and transaction limits you may be requested to provide further information as deemed necessary. This could, but is not limited to, include further proof of identity or address, proof of source of funds, proof of income, proof of reasons for funds transfer, proof of ID for recipients.

    Individual e-wallet account holders may contact customer services for special requirements, which will be reviewed on a case by case basis.

    9.2 Business. This e-wallet account is designed for business customers who wish to open a e- wallet account.

    A Business e-wallet account is a virtual multi-currency e-wallet account. The benefits of a Business account include:

     

    a)

    Negotiable maximum balance and transaction limits (based on the nature of the business).

    b)

    A multi-currency e-wallet account, allows you to have multiple currencies to be held in one e-wallet account (a monthly fee may be charged).

     

    10.0 Data Protection

    10.1 Introduction. This section sets out the obligations of KogoPAY with regards to data protection and your rights under the Data Protection Act (2018) and related law.

    This Policy sets out procedures which are to be followed when dealing with your personal data. The procedures set out herein will be observed by us, our employees, contractors, agents, consultants, partners or other parties working on our behalf.

    10.2 The Data Protection Principles. We observe the data protection law under the 2018 Act as follows -

    All personal data:

     

    a)

    must be processed fairly and lawfully (and shall not be processed unless certain conditions are met) ;

    b)

    must be obtained only for specified and lawful purposes and shall not be processed in any manner which is incompatible with those purposes;

    c)

    must be adequate, relevant and not excessive with respect to the purposes for which it is processed;

    d)

    must be accurate and, where appropriate, kept up to date;

    e)

    must be kept for no longer than is necessary in light of the purpose(s) for which it is processed or applicable law;

    f)

    must be processed in accordance with the rights of data subjects under the Act;

    g)

    must be protected against unauthorised or unlawful processing, accidental loss, destruction or damage through appropriate technical and organisational measures; and

    h)

    must not be transferred to a country or territory outside of the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

     

    10.3 Rights of Data Subjects. Under the Act, you have the following rights:

     

    a)

    the right to be informed that your personal data is being process;

    b)

    the right to access your personal data held by us;

    c)

    the right to prevent the processing of your personal data in limited circumstances; and

    d)

    the right to rectify, block, erase or destroy incorrectly held personal data about you.

     

    10.4 Personal Data. Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or any other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

    The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings.

    KogoPAY only holds personal data which is directly relevant to our dealings with you. That data will be held and processed in accordance with the data protection principles and with this Policy. The following data may be collected, held and processed by the Company from time to time:

     

    a)

    personal details;

    b)

    products and services;

    c)

    financial details;

    d)

    employment details.

     

    10.5 Processing Personal Data. Any and all personal data collected by KogoPAY (including that detailed in this Policy) is collected in order to ensure that we can facilitate efficient transactions with third parties including, but not limited to, our customers, partners, associates and affiliates and efficiently manage its employees, contractors, agents and consultants. Personal data shall also be used by us in meeting any and all relevant obligations imposed by law.

    Personal data may be disclosed within KogoPAY. Personal data may be passed from one department to another in accordance with the data protection principles and this Policy. Under no circumstances will your personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data with respect to the purpose(s) for which it was collected and is being processed.

    The Company shall ensure that:

     

    a)

    all personal data collected and processed for and on behalf of KogoPAY by any party is collected and processed fairly and lawfully;

    b)

    you are made fully aware of the reasons for the collection of your personal data and are given details of the purpose for which that data will be used;

    c)

    your personal data is only collected to the extent that is necessary to fulfil the stated purpose(s);

    d)

    all of your personal data is accurate at the time of collection and kept accurate and up- to-date while it is being held and / or processed;

    e)

    none of your personal data is held for any longer than necessary in light of the stated purpose(s);

    f)

    all of your personal data is held in a safe and secure manner, taking all appropriate technical and organisational measures to protect the data;

    g)

    all of your personal data is transferred using secure means, electronically or otherwise;

    h)

    none of your personal data is transferred outside of the UK or EEA (as appropriate) without first ensuring that appropriate safeguards are in place in the destination country or territory; and

    i)

    some of your personal data might be transferred outside EU in order to comply with Payments;

    j)

    You may exercise your rights under data protection law.

     

    10.6 Data Access a) You may make a subject access request at any time to see the information which we hold about you; b) SARs may be made in writing, accompanied by the correct fee. c) The Company currently requires a fee of 10 GBP (the statutory maximum) with all SARs. A fee of 2 GBP shall be required for access to a credit file.

    The following applies to you requested personal data:

     

    a)

    The form can be downloaded by KogoPAY Website. The form must be delivered through the members section of the website.

    b)

    Customer Service will make the request and send to the designated Officer who will make the decision whether or not the request can be processed.

    c)

    Upon receipt of a request KogoPAY shall have a maximum period of 40 days within which to respond.

     

    We will inform you about all attempts to access your data.:

     

    a)

    In case of 3 failed attempts to log into your account, you will be contacted by one of our staff to discuss further actions.

    b)

    In case of success request and approval, the following information will be provided to the you:

     

     

    i)

    whether or not we hold any personal data about you;

    ii)

    the contents of any of your personal data;

    iii)

    details of what your personal data is used for;

    iv)

    details of any third party organisations that your personal data was passed to; and

    v)

    details of any technical terminology or codes.

     

    10.7 Data retention time. We shall keep your data during all the time you remain with a business relation with KogoPAY. We might erase the data after five years of a your account being closed; unless legal requirements require us to retain the data for a longer period.

    10.8 Communication. Any enquiries regarding the KogoPAY service can be answered by contacting the Main KogoPAY Customer Centre by email at customerservice@KogoPAY.com