Welcome to KogoPAY! We provide a fast and secure alternative to entering your credit card or other payment details each time you wish to make a purchase. These Terms of Service constitute a binding legal agreement (“Agreement”) between Smile Money Limited, a UK corporation with a principal place of business at Zrs- Building 3, Oakleigh Road South, London, England, N11 1NP; KogoPay Ltd with principal place of business Zrs- Building 3 North London Business Park, Oakleigh Road South London N11 1NPN 1 United Kingdom, registered as a small payment institution by the FCA with a firm reference number 616300 and KogoPay UAB with a principal place of business at Verkių g. 31B-2, LT-09108, Vilnius, Lithuania, registered as an electronic money institution by the Bank of Lithuania with EMI license no 83. Collectively referred to as (“KogoPAY” or “us” or “we” or “Our”) and any person that registers to use our service (“You” or “Your” or “End-User/User”). Please review them carefully. By clicking ‘I Agree’ or using our service, you agree to be bound by and comply with these terms, including the additional terms and conditions and policies as may be referenced herein.
As a Financial Institution, we issue the electronic money held within your KogoPAY Account. This account is established and managed by us. The balance of e-money in your account represents a claim against our institution, the issuer of the e-money.
Your KogoPAY Account serves as a repository for your electronic money (e-money), capable of holding funds in various currencies concurrently. E-money functions as a digital substitute for traditional cash. When you or a third party deposits money in a particular currency, we'll generate an equivalent amount of e-money in that currency and credit it to your account. This e-money can be used for transactions, accepted as payment by others. Throughout these terms, we refer to e-money simply as "funds".
Please be aware that the electronic money issued by us does not meet the criteria for a deposit or an investment service under the Law. Consequently, you are not covered by any depositor compensation schemes administered by the relevant authorities. Furthermore, you are not entitled to receive interest on the balance of electronic money or funds held by us as per this Agreement.
This Agreement constitutes an electronic record within the meaning as provided under the Applicable Law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Agreement shall also include a Privacy Policy as mentioned in clause 6.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is Your responsibility to check this page periodically for changes. Your continued use of our Services or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Definitions
1.1. “Merchant” refers to a provider of goods or services.
1.2. A “Partner Bank” is any bank KogoPAY partners with to store funds loaded to your Account (as defined in 1.5, below);
1.3. 1.3. A “Payment Method” is a credit card, debit card, bank account, or Alternate Payment Method any other payment method currently accepted by KogoPAY that has been registered by you to fund your KogoPAY Account.
1.4. “Alternative Payment Methods” is a local payment processing service provided by KogoPAY that gives you the option for paying by using local alternative payment methods such as local cards, e-wallets, bank transfers, prepaid, cash payment options, etc.
1.5. The “Service” means the digital wallet services provided by KogoPAY, including but not limited to the ability to pay merchants directly or transfer funds to another KogoPAY user or your bank account using your Payment Method and the holding of funds for later use.
1.6. Your “Account” KogoPAY Account is a versatile multi-currency account designed for holding, spending, sending, receiving electronic money/funds, and converting currencies for later use at a Merchant’s site or transfer to another KogoPAY user or any other bank account/wallet account (“Payment Account”).
1.7. “KogoPAY App” refers to the mobile/ website application and user interface developed by KogoPAY and provided to you to make and receive payments from your KogoPAY Account as per the terms of this Agreement.
1.8. “Corporations” refers to any third-party payment processor or provider with which KogoPAY has a direct Agreement to provide services, Issuing and Partner Banks, or card networks including Visa, Mastercard, American Express and any ATM or debit network and any other financial service card organizations.
2. Account Registration
2.1. To create and maintain an account with KogoPAY, you represent and warrant that you: (1) are at least 18 years of age; (2) have the capacity to enter into a legally binding agreement; (3) are a legally resident of one of the countries where KogoPAY is currently operating; and (4) are either the holder of the Payment Method account or an authorized user on said account.
2.2. To help the government fight the funding of terrorism and money laundering activities, applicable laws require all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a new account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other personal information that will allow us to identify you. You may also be required to provide copies of your government-issued ID or other documents to prove your identity. This information must be true, and you authorize us to take whatever actions we deem necessary to verify the accuracy of any information submitted in conjunction with your account. You also agree to provide us with reasonable assistance in verifying such information upon our request. Using a false identity or impersonating another individual will be grounds for immediate cancellation of your account.
2.3. The information you provide to us must be kept accurate at all times and you agree to update us about any changes to your information within five (5) business days of when they occur. To the maximum extent permitted by law, we will have no liability for your failure to maintain accurate account information.
2.4. You are solely responsible for safeguarding your KogoPAY credentials and maintaining the integrity of your account. You will be held accountable for any and all activities under your account, regardless of whether or not you authorized them. If you suspect the security of your account has been compromised by loss, theft, or unauthorized use, you must immediately, but in no event later than forty-eight (48) hours after you discover it, notify us and take any and all other reasonably practicable actions to regain sole control of your account.
3. Using Your KogoPAY Account
3.1. Your KogoPAY account will allow you to add money to your digital wallet, send money to another KogoPAY User, make purchases with any merchant who displays the KogoPAY logo, withdraw money from your digital wallet to be transferred to a Payment Account. Before you can do any of these things, however, you need to register one or more Payment Methods with us. By entering your Payment Method details, you authorize KogoPAY to confirm that the Payment Method is valid and in good standing and that it is your account. The manner we will use to do so will vary by the type of Payment Method but may include, without limitation, submitting a small authorization or debit to the Payment Method.
3.2. KogoPAY offers you the ability to load funds from your Payment Method(s) to your Account to be used to fund a later purchase or transfer of funds, whenever you choose. Neither we nor our Partner Bank will owe you interest on any balance kept in your Account, and you expressly acknowledge and agree that any interest on funds we deposit with the Partner Bank while holding such funds for your use belongs to us. If your Account balance becomes negative for any reason, you authorize us to initiate a debit or charge to your Payment Methods to return it to zero.
3.3. Loading Funds: You have different options to top up your account, using Payment Methods under your name.
For bank transfers, ensure you use the correct account details provided by KogoPAY within the KogoPAY App. Once we receive the transfer, we'll promptly add the equivalent e-money value to your account. Follow the app's instructions closely to prevent any delays.
The specific account details required for topping up will vary based on the currency you're adding. For instance, if you're adding funds in GBP (£), use the ‘GBP account' details as indicated in the KogoPAY app.
If you opt to use a stored card in a different currency, please note that your bank or card issuer/provider will apply their currency exchange rates and might apply some currency exchange fees and KogoPAY will have nothing to do with such third-party charges. Should you choose to utilize a bank account in a different currency, please be aware that your bank will transfer funds to KogoPAY's acquiring bank in your native currency. Our bank will then convert the funds into your desired currency according to their applicable currency exchange rates and fees.
KogoPAY charges to our users a minimal Top-up fee as mentioned on the Fee Page, we reserve the right, in our sole discretion, to change the rates in the future. If we do so, we will give you advance written notice, by posting such revised rates on our website/app, You shall be responsible for keeping track of such changes. Apart from KogoPAY fees, the issuer of your Payment Method or other third parties may apply some charges. You are solely responsible for any fees imposed by third parties related to your KogoPAY transactions, including without limitation any bank fees, interest, taxes, or other expenses.
We strive to ensure that you can add money to your account without incurring fees. However, in certain regions, some methods of adding funds come with costs for us. In such cases, we may pass on these costs to you in the form of a fee. You will always be informed of these fees in advance in the KogoPAY App.
3.4. Send Money.
a) You can easily send money to another KogoPAY user or to the bank account of any beneficiary in the geographies we support (as prompted in the KogoPAY app by using the Payment Methods added to your Account. To send money, make sure you have the correct KogoPAY account details i.e. username email, or phone number of the person you're sending money to, both of which should be registered with KogoPAY or the correct bank account details of the beneficiary. Simply use the 'Send Money' feature and enter the payment details accurately. You can find the limits for sending money while filling in the amount in the send money option. Please note that users who are registered with KogoPAY, but are still in the process of verifying their identity may have limits on the amount they can receive from you. If this is the case, the transaction will not be processed.
You have the option to send and receive money instantly to and from other KogoPAY users through what we term Send Money (subject to the terms of the agreement, disclaimers, availability of third-party payment processors/services, compliance with AML, CFT checks, and applicable laws). These transfers are received immediately upon completion. To make an instant transfer to another KogoPAY user, simply select them from your contacts list within the KogoPAY app, use their username, or utilize any other method we offer for identification, following the provided prompts.
b) If you have added a valid bank account as a Payment Method, you can request funds be transferred from your Account to your bank account at any time. You are solely responsible for any fees charged by third parties (for instance, your bank) in connection with transferring the funds to your bank account. You further acknowledge and agree that KogoPAY is not responsible for any loss or fees incurred if you provide us with incorrect bank account information. It is solely your responsibility to verify that you have entered your account information correctly before initiating a transfer under this section.
c) Before initiating a payment, it's crucial to ensure the accuracy of the recipient's details. It's advisable to conduct a test payment of a nominal amount (e.g., £1) to confirm the accuracy of the account details. Consider the following:
Always verify the identity of the recipient before making a payment. If someone requests a payment from you, but you're uncertain about their identity or the purpose of the payment, it could be a scam, and recovering the funds might be challenging/impossible.
d) The contacts displayed in the KogoPAY app are sourced from the names and phone numbers saved in your phone's contacts. These details aren't verified by us or any other entity. Consequently, if you've saved incorrect information in your phone, you might inadvertently send money to the wrong person, risking the loss of your funds.
e) Usernames displayed in the KogoPAY app may resemble others and can be modified by individual users. While we make efforts to remove inappropriate usernames, they aren't verified by us or any other entity. If you're unsure about the identity of the recipient, there's a risk of sending money to the wrong individual and potentially losing your funds.
f) We aren't liable if a payment is made to the recipient you've instructed, even if you've provided incorrect account numbers, usernames, incorrect amounts, or phone numbers by mistake. However, upon your request, we'll endeavor to retrieve your funds. We may also provide you with information about the recipient to assist you in reclaiming the funds yourself if permitted as per applicable laws. While we'll make efforts to assist, we can't guarantee success, and there may be instances where we're unable to do so.
g) The final decision to proceed with payments rests with you. While we aim to provide you with additional information to make informed decisions, this information is supplied by the institution holding the recipient's account and not by us. Consequently, we cannot ensure its accuracy, and neither we nor any third parties assisting us in providing these services are responsible for any payments made to incorrect accounts.
3.5. Purchases. You may purchase with KogoPAY using either your account or your Payment Method with any merchant who displays the KogoPAY logo. To do so, either select KogoPAY as your payment method at a Merchant or click the ‘Top Up’ button after logging into your KogoPAY account.
You also have the option to perform an instant transfer (subject to limitation mentioned in the Agreement) to a business utilizing KogoPAY as one of the payment methods for receiving money. This can occur through two methods:
3.5.1. User Payments: You can direct us to make a transfer for a specific amount from your KogoPAY App to a business/merchant, such as opting to pay through your account rather than using a card during checkout. They are one-time transactions, and the Merchant will only receive the exact amount you authorize to send. No additional payments will be made without your explicit consent.
3.5.2. Merchant Payments: With your consent, a business can initiate transfers from your KogoPAY Account in the future. This could be for purchases or on a recurring basis for subscription services. Unlike User Payments, Merchant-Payments can vary in amount and frequency. If you wish to stop a Merchant Payment, you should directly contact the business providing the service to cancel it. Alternatively, you can reach out to us via the contact details provided in the KogoPAY app or hereunder, and we will process your request.
You will receive notifications within the KogoPAY app whenever a payment is executed from your KogoPAY Account.
3.5.3. When you make a purchase, you have to transmit certain information to third parties. First, when you are paying with a Payment Method, we will have to transmit information to the applicable network to verify the Payment Method has funds available and otherwise as necessary to process the payment. Additionally, we may transmit information, including without limitation your name and email address, to the merchant to allow them to fulfill your purchase. You expressly agree to allow us to transmit your information as needed to fulfill these transactions.
3.5.4. If you have registered multiple Payment Methods, you are solely responsible for verifying the right one is selected before initiating any transaction through your KogoPAY account. We cannot be responsible for any losses due to the selection/use of an incorrect Payment Method.
3.5.5. Where you request to make a purchase in a different currency than the currency of your Payment Method, you will be responsible for any resulting currency exchange fees or funds loss due to such conversion to your desired currency, as per the applicable currency exchange rates set by us based on the going market rates for conversion (as also explained in clause 8). You acknowledge and agree that we will alter the exchange rates daily based on the market rates.
3.5.6. You can also pay through the QR code function at a merchant website/app by scanning and following the steps prompted in the KogoPAY app.
As you use your KogoPAY account to make purchases, we will update the transaction history in your account. It is your responsibility to regularly review history for accuracy and notify us in case you find any errors.
3.6. Payment Link: You can send money to a beneficiary or friend who doesn't have a KogoPAY account by generating a 'payment link' within the KogoPAY app. This link allows you to agree on a specific amount without needing to input the recipient's account details. Instead, you select the amount, share the link, and the recipient then inputs their account information.
Furthermore, you have the option to create a payment link to receive payments, which you can then send to the beneficiary or friend.
Furthermore, you have the option to create a payment link to receive payments, which you can then send to the beneficiary or friend.
Once you've shared the link with the beneficiary or friend, they will be prompted to finalize the payment by providing the necessary details.
If you are sending money using a payment link, the beneficiary or friend will need to enter their bank account details into the link. The payment will then be directed to their bank account as if you had entered the details into the app. Depending on the amount or type of payment or certain other reasons, the beneficiary or friend might be requested to join KogoPAY to complete the transaction for security, regulatory, and legal reasons. Once they do, the payment will be sent to their KogoPAY account.
When receiving money via a payment link, the sender or your friend will need to enter their card details or bank account details, into the link. The payment will then be made from their card or bank account. We may impose limits on the amount you can request using a payment link, which will be displayed in the app.
All payment links have an expiration time and date. Once this time limit passes, the link will no longer be valid, and the beneficiary or friend won't be able to make or receive the payment. The app will specify the duration of this time limit when you generate the link.
Please remember, when creating a payment link to send money, you are essentially committing to make a payment without directly inputting the recipient's account details. The payment will be processed to whichever details are provided through the link. It's crucial to exercise caution in sharing the link and ensure it goes to the intended recipient only. In case you have concerns about a payment link you've created, you can cancel it (before completion) via the app's transaction history.
3.7. Currency Exchange: For transactions made through the service that require currency conversion, they will be processed at a foreign exchange rate set by us, along with a currency exchange fee represented as a specific percentage above the exchange rate, as detailed in the Fee section. Our foreign exchange rate is regularly adjusted to reflect market conditions. This exchange rate is subject to daily updates by us and will be applied immediately. You can check the current exchange rates in the KogoPAY app. Each User can make exchanges at these rates, based on the overall limits imposed and outlined in the app by KogoPAY. Following a currency conversion, your transaction history in the KogoPAY app will display the utilized exchange rate.
Please note that exchange rates may fluctuate between the time of your request and the actual conversion. Consequently, the amount you receive could be slightly more or less than anticipated. We are not liable for any losses incurred due to currency exchange transactions.
If a Merchant offers currency conversion at the point of sale, which is not provided by us, and you opt to authorize the payment transaction based on the Merchant's exchange rate and charges, we hold no liability to you for that currency conversion. When your payment is funded through your linked card and requires a currency conversion, by agreeing to this Agreement, you consent and authorize us to perform the currency conversion in place of your credit or debit card issuer.
You acknowledge and accept that the financial institution operator or bank issuing the linked card or providing the bank account for funding transactions may levy a fee and/or currency conversion fee for debiting or charging the funding instrument used in the transaction. For details on these fees, refer to the terms and conditions associated with your funding payment instrument. We are not responsible for taxes, fees, or costs imposed by third parties.
3.8. KogoPAY is not a bank, and we do not issue cards to any End Users. The Service is not approved by or affiliated with the issuer of your Payment Method. Nothing in these terms modifies your agreement with the issuer of your Payment Method in any way. You remain responsible for complying with all the terms of such agreements when you use the Service, as well as for any and all charges to said Payment Methods resulting from your use of the Service. If there is any inconsistency in these terms and your agreement with your Payment Method issuer, these terms govern your relationship with KogoPAY and your agreement with the issuer of your Payment Method will continue to govern your relationship with the issuer.
3.9. If you do not use your TopUp account for at least two (2) years and a balance remains, KogoPAY will attempt to remit the balance to the mailing address we have on file for you. If we are unable to do so, we may be required by applicable law to deliver it to your state or country of residence as unclaimed property. If this is the case, we will attempt to send you notice before doing so. If you do not respond to this notice, we will remit the funds accordingly.
4. Payment Cancellation:
For payments scheduled to be deducted from your account in the future, such as recurring payments, you have the flexibility to cancel them through the KogoPAY app anytime before the end of the business day preceding the scheduled payment date.
Once a payment has been processed, it cannot be canceled. This applies to instant transactions requested by you, such as Instant Transfers or currency exchanges.
5. Account/Transaction Limitations and Holds
5.1. We impose a $2500 limit per transaction on all transactions initiated through the Service. Additionally, we reserve the right to establish other individual or aggregate transaction limits in our sole discretion, including but not limited to limiting your number of transactions or preventing you from taking certain actions within the KogoPAY service.
We may impose restrictions on the amount you can receive into or pay from your account, as well as on withdrawals or spending using your KogoPAY Account. We may also limit the currency exchange value you can conduct at once or within a specific timeframe. These limits are subject to change periodically as per applicable laws, rules, and arrangements with banks, payment partners, acquirers, etc. Information regarding these limits can be found in the KogoPAY Account area when conducting a currency exchange.
5.2. In rare instances, we may place a hold on an individual transaction, or your account as a whole. We may also cancel or reverse any transaction. Any such actions can be taken at our sole discretion and may occur if: 1) the transaction is disputed, or 2) We believe that the transaction is fraudulent, suspicious, invalid, may be the subject of a future dispute, or it otherwise violates our terms of service or applicable law or regulation.
5.3. Where we believe, in our sole discretion, that an account has had a disproportionate number of suspicious transactions, or transactions subject to holds, we reserve the right to either temporarily or permanently block the account.
5.4. If we take any of the actions identified in this section, we’ll provide you with notice and a description of our reasons for doing so, unless it would compromise our security measures or is otherwise unlawful.
5.5. If we have reasonable suspicions or receive information from third parties, such as Card Organizations, other Regulators, or card issuers/acquirers, regarding potential fraud involving stolen or false cards, unauthorized payments, or other irregularities associated with your use of KogoPAY Services, we reserve the right to withhold or block all amounts in your account and related accounts and initiate an investigation without prior notice to you or third parties. You are required to cooperate with us and provide all requested information about the suspected fraud or unauthorized payments. We must conduct our internal investigation within a reasonable timeframe and inform you of the outcome unless prohibited by law for compliance reasons. You acknowledge and consent that in certain instances of violations, we may be obligated to report you to Card Organizations' registries or other Regulators and terminate your use of our service, for which we shall not be held liable.
6. Refunds and Disputes
6.1. All refunds and disputes related to a transaction made through the Service must be resolved through KogoPAY’s dispute resolution process. KogoPAY is the only one able to authorize or initiate refunds and reserves the right to do so in its sole discretion. All dispute solutions are binding on both you and the Merchant. We will, however, consider an appeal where you can present new or compelling information that was not previously available.
6.2. Merchant Payments are debited from your account with your prior consent. We advise businesses to disclose the amount of any Merchant Payment before processing it. If you believe a Merchant Payment was debited in error, you have the right to request a refund within 8 weeks of the transaction. Simply reach out to us via the contact details provided, to initiate the refund process. We will inform you of the status of your refund within 10 business days.
6.3. Notwithstanding the foregoing, if you used a credit or debit card as your Payment Method for the transaction, rather than your Account, you may also have recourse by dispute mechanism provided by your card issuer under their fraud and chargeback policy. However, you must select either our dispute resolution process or pursue a claim through your issuer. Although you can open a dispute with your card issuer after utilizing KogoPAY’s dispute resolution process, we will not be liable for any losses you suffer due to filing a dispute with your card issuer after their deadline for doing so.
6.4. You may be liable for all or part of unauthorized transactions when they arise out of the use of a lost or stolen payment instrument where you have failed to keep your account login details safe/secured or when you have acted fraudulently or with gross negligence.
6.5. If you believe we have failed to properly execute your requested transaction, you should contact us immediately. We will make every reasonable effort to trace the transaction and, where necessary, refund the amount in question.
6.6. You can seek reimbursement for losses arising from unauthorized, delayed, unexecuted, or incorrectly executed payment transactions. This does not include any fees, interest, or losses (unless you are utilizing the Service as a consumer) incurred due to unauthorized or incorrectly executed transactions conducted with the payment instruments provided under the Service. You are required to notify us of any unauthorized or incorrect transactions within 7 (seven) days from the date your Account was debited for the unauthorized transaction or incorrect payment order. Upon entitlement to reimbursement after investigation and decision in your favor, we will credit your Account with the refunded amount of the transactions, minus applicable fees as mentioned in the Fee section.
7. Set-Off:
7.1. You are not permitted to borrow money on your account, such as making payments exceeding the available balance. If your balance becomes negative, for instance, due to insufficient funds to cover owed fees, you are required to promptly top up your account.
7.2. Failure to replenish and bring your balance to zero, or failure to settle owed fees (excluding third-party payment fees) or any outstanding amounts, empowers us to off-set the owed amount from any funds due to you, including those held in any other account you maintain with us, whether solely or jointly. This right of set-off enables us to deduct the owed amount from your account in your base currency or its equivalent in another currency until the negative balance is fully cleared.
If your account lacks sufficient funds to cover fees or other outstanding amounts owed to us, we may recover the deficit through alternative means, as outlined below, after informing you:
a) Utilizing your linked card to collect the owed amount.
b) Initiating various measures to recover owed funds, including:
- Engaging a debt collection agency to contact you.
- Commencing legal proceedings for enforcement purposes.
- Providing information to fraud prevention agencies where permissible.
Should we undertake any (or all) of these actions, you may be liable for our reasonable associated costs. Additionally, you may incur additional fees such as surcharges for top-ups, heightened foreign exchange markup on weekends, costs related to engaging a debt collection agency, or our legal expenses.
7.3. You consent to our authority to promptly fulfill any of your obligations by withdrawing funds (“Set-Off”) directly from your Account, or from any outstanding amounts owed by Us to You, including by debiting or charging your linked payment instruments. We will notify you through your KogoPAY Account regarding the basis, amount, and value date of such withdrawals unless prohibited by law or regulations due to AML or security reasons.
7.4. If there is a delay in payment of amounts owed to us, you will incur a penalty for the delay, calculated at the statutory interest rate for each day of the delay from the date of delay until the full amount is paid.
8. Privacy & Confidentiality
As the provider of e-money and payment services, we are obligated, as per relevant legislation, to maintain secrecy and confidentiality regarding your financial information ("Personal Information"). Nevertheless, we are also authorized and, in some cases, required by the applicable laws to disclose this Personal Information.
To clarify, we are authorized and may be required by law to disclose confidential and personal information about you, your transactions, and the funds you hold with us upon the request of a competent regulator, bank, or other applicable supervisory authorities. Additionally, in cases where national or international laws necessitate reporting of information to regulators, such as tax authorities, we will disclose information about you, your accounts, transactions, and funds held with us, as well as any other necessary details, to comply with these laws and regulations.
Please go through our Privacy Policy, which is an integral part of this Agreement and governs Your access to KogoPAY Service and regulates how we deal with the data we store about You. KogoPAY is dedicated to protecting Your privacy and handling any personal data we obtain from You with care and respect. An overall principle is that we do not collect more information than is reasonably necessary to provide You with the best user experience.
By submitting Your personal information to us about a transaction or when registering your Account, You consent to such information being used to fulfill Your purchase and be otherwise used by KogoPAY by our Privacy Policy. The information provided to us by You during Your usage of our KogoPAY Services will be treated as strictly confidential and by our Privacy Policy and Applicable Law. In case the same is unacceptable to You, please refrain from using our platform/website.
9. Prohibited Conduct
You are solely responsible for safeguarding Your KogoPAY Wallet Account credentials and maintaining the integrity of Your KogoPAY Wallet Account. You will be held accountable for the activities under Your KogoPAY Account.
9.1. While using the KogoPAY Service, you shall not:
9.1.1. Violate any provision of these terms and conditions or any provision of an agreement between you and any third party;
9.1.2. Violate any law, court order, or government regulation;
9.1.3. Attempt to access KogoPAY’s system except as expressly permitted by these terms and conditions, or attempt to interfere with, damage, disrupt, or impede the operation of KogoPAY and its services and systems in any way;
9.1.4. Use the KogoPAY Service to transact on Your account on behalf of any other person or entity or provide any false personal information, or any information, content, or material on account of a third party without permission.
9.1.5. Use the KogoPAY Wallet Account for any purpose other than for personal and non-commercial use;
9.1.6. Use the KogoPAY Service in a manner that exceeds the rights granted for Your use or in a manner that could damage, disable, or overburden our servers or networks or in any manner that may damage our reputation, business, or goodwill;
9.1.7. Use KogoPAY in a way that is fraudulent, defamatory, abusive, harassing, threatening, or obscene, or violates the rights of any third-party or criminal behavior on your part;
9.1.8. Reverse engineer, disassemble, decompile, copy, clone, modify, distribute, or commercially exploit in any way the KogoPAY Service or any portion thereof;
9.1.9. Transmit or facilitate the transmission of any malware, viruses, Trojan horses, or other program of a harmful or destructive nature or attempt to interfere with, damage, disrupt, or impede the operation of KogoPAY and its services and systems in any way;
9.1.10. Take any action that places an unreasonably large or disproportionate burden on KogoPAY’s systems;
9.1.11. You can’t open more than one KogoPAY account for individual use using the same credentials and identification.
10. Instances of Payment Refusal or Delay:
There are circumstances in which we may refuse to process or delay a payment (both incoming and outgoing) as follows:
a) If legal or regulatory requirements prohibit us from processing the payment, or if further verification checks are necessary.
b) If you have violated the terms of this Agreement in a manner that warrants us refusing or delaying your payment.
c) If we determine that processing your request would infringe the terms of this Agreement, or if your instruction lacks essential information required for proper payment processing.
d) If we have requested important information from you that is necessary for processing, and you have not provided it.
e) If you have been adjudged as bankrupt, or have entered into an individual voluntary arrangement with creditors.
f) If, despite all reasonable efforts, we are unable to process the payment promptly.
g) If a third party, such as Mastercard, JCB, Amex, or Visa, prohibits us from carrying out the payment or cash withdrawal using your card.
h) If you have outstanding debts to us, or if we intend to exercise our right of set-off (as explained below).
i) If the amount exceeds or would exceed, any account limits as applicable from time to time.
j) If there are insufficient funds in your account to cover the payment initiated by you and any associated charges.
k) If your account has been suspended.
Furthermore, we reserve the right to refuse to issue a new KogoPAY Card if there are insufficient funds in your account to cover the issuance or delivery costs.
In the event of a payment refusal, we will make every effort to inform you promptly. We aim to communicate through the KogoPAY app regarding the refusal. Should you wish to understand the reason for the refusal and explore potential solutions, please reach out to us through the app or contact details provided herein.
Please note that we are not liable for any losses resulting from our decision to refuse or delay payment.
11. Account Suspension or Closure:
In certain circumstances, we reserve the right to immediately suspend or close your account These circumstances may include, but are not limited to, the following:
- a) If you are not complying or are in violation of Clause 8
- b) If you have failed to provide us (or our representatives) with necessary information, or if we have reasonable grounds to believe that the information provided is incorrect or false.
- c) If you have seriously or persistently violated the terms of this Agreement without rectifying the issue within a reasonable timeframe after being notified.
- d) In case of disrespectful or abusive behavior towards our customer support or other staff members, including harassment, insults, or the use of offensive language.
- e) If we have requested repayment of outstanding debts and you have not complied within a reasonable period.
- f) If you have been declared bankrupt.
- g) If required by law, regulation, court order, or instructions.
If we close your account under such circumstances, you will still have limited access to certain functionalities. Specifically, you will be able to exchange funds into your base currency and send money via external bank transfer before the closure of the account. However, you will not be able to credit the account, make card payments, or send money to other KogoPAY Accounts. Inbound payments will be declined and returned to the sender.
Please be aware that closing your account and terminating the agreement may also result in the termination of any other agreements you have with us or through us. You can contact us directly.
You will bear full responsibility for any losses resulting from unauthorized transactions or damages, regardless of the amount, if you engage in fraudulent activity or demonstrate intentional or gross negligence in failing to adhere to the Agreement or legal requirements. This includes maintaining the security of your personal information or granting access to your Account.
12. Intellectual Property
12.1. KogoPAY does not grant to You any license, express or implied, to the Intellectual Property of KogoPAY, its licensors, the Corporations, Merchants, or any other third- party. KogoPAY will own and retain all rights, title, and interest in and to the KogoPAY Service and KogoPAY Wallet Account and related Intellectual Property (except for any third-party Intellectual Property included therein, which shall be owned by such third party), including all data (including any usage data and compilations thereof), information and software related thereto. You are not permitted to use our Intellectual Property without Our express consent. You agree not to copy, redistribute, modify, disassemble, reverse engineer, decompile, publish, create derivative works, or otherwise exploit any Intellectual Property in violation of the Intellectual Property rights of KogoPAY or any other third party including Merchants or Corporations.
12.2. KogoPAY grants you a limited, revocable, non-transferable license to use the KogoPAY Service. In our sole discretion, we may suspend or terminate this license at any time, for any reason.
13. Third-party Sites
While using KogoPAY you may encounter links to third-party content and/or third-party sites. These sites are entirely independent of KogoPAY, and we do not exercise any control over them. We do not necessarily agree with the views, opinions, or content of these third-party sites, and the presence of such a link does not constitute an endorsement of the third-party website. You expressly acknowledge and agree that by navigating to a third-party website, you will be bound by their terms and conditions and privacy policy, and KogoPAY does not represent or warrant the quality, reliability, safety, accuracy, or completeness of such third-party sites. All links are provided “AS IS” and solely for your convenience, and you use them at your own risk. KogoPAY is not liable to you, or any third-party, in any way, for any losses, damages, costs, or other expenses arising from your use of third-party services or content.
14. TERMINATION
You acknowledge and accept that we reserve the right to discontinue providing the service to you, as outlined in the Agreement. You also have the option to cease using the service at any time without the necessity of notifying us. The Agreement will remain in effect until terminated by either you or us, as detailed below.
If you wish to terminate this Agreement with us, you can do so immediately and without any termination fees by:
- i) Informing us through the communication methods specified for you in the Agreement; and
- ii) Closing your Account associated with the service, which includes withdrawing or redeeming the available balance of funds; and
KogoPAY reserves the right to terminate or suspend your use of KogoPAY Services without notice, including blocking or suspending your use of Services or any transaction conducted by You using the Services, partially or in entirety, if it is proven or KogoPAY suspects that You are failing to comply with the Terms of Service including but not limited to any actual or suspected illegal or fraudulent or improper use of the Service, Your violation of the terms of this Agreement or any other applicable terms posted on the KogoPAY website or conducted yourself in any manner which violates any laws or policies of any Corporation or for any other reason at our sole discretion including but not limited to where your conduct is deemed to be suspicious or fraudulent. KogoPAY also reserves the right to suspend/cancel any transaction or withhold any amount in any transactions made by You.
15. Complaints
If you have any queries or complaints regarding our services, we are committed to resolving the issues. Please reach out to us at: support@kogopay.com
Additionally, you may address your complaints to the State Consumer Rights Protection Authority:
State Consumer Rights Protection Authority
Address: Vilniaus g. 25, LT-01402 Vilnius, Lithuania
Phone: +370 5 262 6760
Email: tarnyba@vvtat.lt
Website: www.vvtat.lt
16. General Legal Provisions
16.1. Notice. All notices under this Agreement will be sent to you via the email address associated with your account and will be deemed to have been given as of the first business day after the date sent.
16.2. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILLFUL MISCONDUCT, WILL KOGOPAY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES OR LOSSES THAT RESULT FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USER DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH USE OF KOGOPAY SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF A PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KOGOPAY OR ITS AFFILIATES' TOTAL LIABILITY TO THE LICENSOR AND END USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE PARTICULAR TRANSACTION IN QUESTION, WHICH GAVE RISE TO SUCH LIABILITY.
UNDER NO CIRCUMSTANCES SHALL KOGOPAY OR ITS AFFILIATES BE RESPONSIBLE OR HELD LIABLE FOR ANY TRANSACTIONS OR PAYMENTS THAT ARE BLOCKED BY THE CORPORATIONS OR ANY BANKS, FINANCIAL INSTITUTIONS, OR ANY GOVERNMENT BODY. THIS DISCLAIMER OF LIABILITY INCLUDES ANY RESTRICTION BASED ON APPLICABLE INTERNATIONAL, NATIONAL, OR LOCAL LAWS, RULES, AND REGULATIONS, THE SPECIALLY DESIGNATED NATIONALS LIST PUBLISHED BY THE OFFICE OF FOREIGN ASSETS CONTROL, ANY INTERNAL BANK “BLACK LISTS,” OR ANY OTHER SIMILARLY RESTRICTIVE THIRD-PARTY MEASURES.
KogoPAY and You acknowledge that You have entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between You and KogoPAY.
16.3. Disclaimer of Warranties. To the extent permissible by Applicable Law, KogoPAY makes no warranties, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, and non-infringement. You expressly understand and agree that your use of the Service is “AS IS” and “AS AVAILABLE” Your use is at your discretion and risk. KogoPAY does not warrant that the Service will be error-free, uninterrupted, or secure; that any defects or errors will be corrected, or that the Service is free of viruses or other harmful components. Any content or data delivered at your request is obtained at your own risk, and you will be solely responsible for any damage to your property or loss of data that may result. KogoPAY does not warrant the results of use of the Service in any way.
16.4. Force Majeure. KogoPAY shall not be deemed in default hereunder for any cessation, interruption, or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to civil disturbance, breach of peace, declared or undeclared war, the act of interference or action by civil or military authorities, terrorist acts, sabotage, damage by the elements, air accident, riot or disorder, Act of God (i.e. fire, frost, earthquake, storm, lightning, epidemic/pandemic, flood) quarantine, server downtimes or the inability to obtain essential commodity or services required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree, governmental embargoes, sanctions, change in licensing requirements, deregistering of any payment partners or due to any other cause beyond the KogoPAY’s control (each a “Force Majeure Event”). KogoPAY shall have the right to terminate or suspend any part or the whole of this Agreement or its Services to You in case such a Force Majeure Event continues for a duration exceeding Thirty (30) days.
16.5. Indemnification. You agree to indemnify and hold KogoPAY, its subsidiaries, affiliates, agents, directors, and employees harmless from and against any losses, damages, costs, loss of profits, liabilities, and expenses, including attorneys’ fees, arising out of any claims related to your breach of the terms of this Agreement or any representation, any alleged violation or infringement of any copyright, trademark, trade name, or any other intellectual property, breach of applicable laws and regulations or any other third party claim due to your conduct or performance while using KogoPAY Services and your Account under this Agreement.
16.6. Relationship Between the Parties. These terms shall not be construed to create a partnership, joint venture, or another business enterprise between the parties.
16.7. Assignment. You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void and KogoPAY shall have the right to terminate the Agreement as per the terms of this Agreement. We reserve the right to freely assign the Agreement and the rights and obligations hereunder, to any affiliates/subsidiaries/third party without consent. Subject to the foregoing, the Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns.
16.8. Amendments. By accepting this Agreement, you acknowledge that we reserve the right to modify its terms from time to time. We will provide you with a minimum of fifteen (15) day’s notice regarding any changes to the Agreement unless a shorter period is mandated by a regulatory change or permitted by law before the proposed effective date. The notification will be sent to the email address you have registered for the Service.
You acknowledge and agree that your continued use of the services beyond the effective date of the changes will be deemed as acceptance of the modifications. In case you provide us with notice to the contrary, as outlined herein, before the effective date of the changes, the Agreement will terminate without incurring any termination charges immediately before the changes come into effect.
16.9. Severability. If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
16.10. Waiver. Failure by KogoPAY to exercise or enforce any provision of this Agreement shall not be deemed to be a waiver of future enforcement of those or any other rights under this Agreement.
16.11. Construction. Section headings are for convenience only.
16.12. Official Language. The official language of these terms is the English language. Any translations are provided for your convenience only, and in the case of any conflict or ambiguity between the English version of these terms and any other version of these terms in a different language shall be resolved based on the English version.
16.13. Governing Law. This Agreement shall be governed by and construed by the laws and courts of Lithuania, without giving effect to principles of conflicts of law. The User agrees that any action at law or in equity arising out of or relating to this Agreement will be filed only in the courts of Vilnius, Lithuania, and the User hereby consents and submits to the personal and exclusive jurisdiction of such courts to litigate any such action.
16.14. Disputes. Any dispute hereunder will be privately negotiated in good faith between the parties within forty-five (45) calendar days commencing upon written notice from one party to the other. If the parties fail to privately resolve any dispute, the parties shall submit to arbitration performed by a mutually agreed upon arbitration provider in Vilnius, Lithuania.