Terms & Conditions

This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website www.Kwikpay.com www.mweb.kwikpay.com www.corp.kwikpay.com (“our website”) to you.Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content, please contact our Support Team before placing an order. Print the Terms (using the PDF option) and keep a copy of them for your reference.

Definitions

• Kwikpay – A brand owned and operated by Naico limited and operates the mobile websites. www.kwikpay.com ; www.mweb.kwikay.com  www.corp.kwikpay.com ;
  • Contract – Means any purchase of items from the Kwikpay mobile web site

• • All purchases made by third parties (hereinafter “the purchaser”) from Kwikpay are governed by the general terms and conditions of sale set out below (hereinafter “The conditions”).

• • By placing an order with Kwikpay the purchaser accepts these conditions of sale.

• If one or several of the clauses of these general conditions is amended or cancelled, this does not affect the other provisions, which remain valid.

About the use of Kwikpay mobile web:

Accessing our mobile web site means that you automatically agree to our Terms and Conditions. If you do not agree with the same please do not use our web site for any purchase. Our website is provided to you for your personal use only.

If you choose to access this website from outside the UK you are responsible for compliance with local laws and to the extent local laws are applicable.

By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that make it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website. We may provide links to other websites such as facebook, twitter, google + or other such web sites, If you follow these links you acknowledge and agree that we are not responsible for the availability or content or privacy practices of such external sites.

Our employees and agents are not authorized to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.

Prices

The prices listed for the products and services offered are in Pound Sterling, including VAT where applicable.

Delivery

Kwikpay can cancel a sale at any time if the product ordered is (temporarily) unavailable, unless the purchaser accepts delivery of a product of comparable price and quality.

Payment, suspension and settlement

• Delivery is made only against the advance payment. Payment is made by the purchaser by the method indicated in the order.
• Kwikpay is under no obligation whatsoever if the purchaser does not pay the price of the order.
• In all purchases, customers must provide the correct phone number and email address . NB: Kwikpay will not reimburse the customer if the latter gives the wrong number. Please refer to our refund policy for any clarifications on refunds.

Ownership rights

• Where ever Kwikpay is acting as an agent of the end operator the ownership is transferred directly from the operator to the customer only on payment of the services on the Kwikpay platform.
• Ownership of the products and services provided by Kwikpay is transferred to the customer only on payment to Kwikpay of the price owed.
• The risk relating to the product is transferred to the purchaser on the physical delivery of the product, even if the entire sum the purchaser owes kwikpay has not been paid.
• The purchaser cannot transfer, lease or exchange the product in any way whatsoever until he or she has assumed ownership of the same, without express written authorisation from Kwikpay or in any way contrary to the supplier’s and /or service provider’s terms and conditions of use.

The guarantee

• The purchaser must confirm that the product is the one ordered on delivery. If this is not the case, the purchaser must immediately (at least after a reasonable time necessary to examine it), inform Kwikpay by email. After this reasonable time, the purchaser will no longer be entitled to change the product. Any product or service used, even partially, cannot be returned or reimbursed.
• The guarantees given by Kwikpay are always and only those of service provider.

Claims

• In the event of a claim, the consumer must first contact kwikpay by email or any other form of written communication, setting out the reasons for the claim will deal with claims within 30 days of receipt. To do this, kwikpay may request more information on the consumer (e.g. copy of identity card, copy of credit card). If kwikpay cannot deal with the claim within 30 days of receiving it, a letter will be sent to the consumer informing him / her of this.

Protection of privacy

• kwikpay processes all data provided to it according to applicable law, in particular the law on the protection of identity and may, in accordance with this law, use personal details on purchasers in automated processing operations.
• The details provided to kwikpay by purchasers are used strictly for the purposes of the order and kwikpay business management as explained to the consumer. Details may be provided to third parties if this is necessary for the purposes of the order.

Copyright

This website’s content ( including text, design, layout, images and videos ) are protected by the copyright and are the property or Kwikpay , any use other than for your own personal non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.

Liability and damages

• For all purchases, the customer must give the correct phone number. NB: kwikpay cannot refund or reimburse to the customer if the latter has provided the wrong mobile number. In the event of a technical error attributable to Kwikpay, the customer will be reimbursed.

Other provisions

• kwikpay may use third parties to execute the order or for the purchase of a product.
• For any order or purchase made from kwikpay, and any dispute relating to these general terms and conditions, only UK law applies.
• For any disputes, the UK commercial court has sole jurisdiction.
• You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organization but this will not effect your rights under these terms.

General

These terms apply to our information and offer to you, the agreement between us and any related communication. We may change our terms and conditions at any time and the same cannot be assumed to hold true for future orders. The Terms applicable at the time of order placement will apply.

In the event of any of these terms and conditions to be invalid or unenforceable the remainder of these terms and conditions will apply as usual. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control which includes strikes , civil commotion , terrorist attack or threat thereof, fire explosion , flood, other natural disasters, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts decrees, legislations, regulations or restrictions of any government.

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These terms and conditions and any document expressly referred to it represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us , whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract ( unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Withdrawal Policy

You may withdraw from your purchase, upto until the time in which it is available to you.

Complaints Procedure :

We do our utmost to provide you with the best information, products and services. In case you have any complaint please contact us by email by going into the contact us section of our web site clearly explaining your complaint / comments. We will reply to you within 15 days of receipt of the same.

Copright :

The website content ( including text, design , layout, images and videos) are the protected copyright and are the property of Naico Limited.  Any use other than for you own personal use and non-commercial use in line with the transactions and communication between you and us is not allowed without our express written permission.

Jurisdiction :

These terms and conditions and all matters connected with any order you place on our website are governed by English laws and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with , or arising out of , the web site or any order you place on the website.

All Dealings between us are connection with our T&C’s and each purchase shall be carried out in the English language.

You may not transfer any of your rights or obligations under these terms and conditions to any other person without our prior written consent, We will nt withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation but this will not affect your rights under these terms.

2. Cookie policy

Cookies & Internet Advertising

Visiting Kwikpay’s websites with your browser settings adjusted to accept cookies or using Kwikpay devices, mobile apps, or other software tells us that you want to use Kwikpay’s products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this notice and in our Privacy Notice. See below for information on how to modify the settings in your device to notify you when you receive a new cookie and disable cookies altogether.

Cookies and How We Use Them

Cookies are unique identifiers that we transfer to your device to enable our systems to recognise your device and to provide features such as 1-Click purchasing, Recommended for you, interest-based advertisements on other Web sites (e.g., Kwikpay Associates with content served by Kwikpay). Any reference to “sites” of Kwikpay includes our Kwikpay websites, devices, mobile apps or other software. For information on the controllers of your personal information, see Controllers of Personal Information in our Privacy Notice.

We also use cookies for additional purposes, including:

• Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalised content, recognise you as a existing account holder , and enable you to use 1-Click purchasing, among other customised features and services we provide.
• Delivering content, including advertisements, relevant to your interests on Kwikpay sites and third-party sites. Our interest-based ads are subject to your preferences as described in the next section.
• Keeping track of your specified preferences. This allows us to honour your likes and dislikes, such as whether or not you would like to see interest-based ads. You may generally exercise your preferences through Your Account.
• Conducting research and diagnostics to improve Kwikpay’s content, products and services.
• Preventing fraudulent activity.
• Improving security.

Cookies allow you to take advantage of some of Kwikpay’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any Kwikpay products and services that require you to Sign in.

Cookies and Browser Settings

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.

Internet Advertising

On Kwikpay-owned and operated sites and unaffiliated sites, Kwikpay displays interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, use of devices, apps or software, visiting sites that contain Kwikpay content or ads, interacting with Kwikpay tools or using our payment services, like Checkout by Kwikpay. Click here for more information about the types of information that we gather.
Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who bought or browsed for classical music). Also, some third-parties may provide us information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.

Third party advertisers or advertising companies working on their behalf sometimes use technology to serve the advertisements that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their advertisements and to personalise advertising content. We do not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by our Privacy Notice or this Cookies & Internet Advertising page. Please contact them directly for more information about their privacy practices.

Advertising Preferences

Kwikpay offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from Kwikpay. You will still see ads but they will not be personalised. Please visit your Advertising Preferences page to learn how to set this preference. Also, as described above, you may modify the settings in most browsers to notify you when you receive a new cookie and disable cookies altogether.

3. Refund policy

Kwikpay cannot be held responsible for mistakes made by the customers in choosing the machine or scanning the wrong QR code.  Such mistakes are not eligible for refunds. You’re responsible for entering the correct machine numbers.

We will not be able to reverse or refund any payment made using the kwikpay service which has been incorrectly attributed as a result of your error.

However, in cases where we have charged you and have failed to deliver the service, we will attempt to re-deliver your service or offer you a full refund.

4. PRIVACY AND COOKIES POLICY

As the operators of the website www.kwikpay.com ; mweb.kwikpay.com ; corp.kwikpay.com and of the Kwikpay Android or IoS Apps (“Platform”), Naico Limited (“We“, “Us”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy”) (together with and any other documents referred to therein) sets out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

For the purpose of the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998, (collectively the “Data Protection Laws”) the Data Controller is Naico Limited .

YOUR PERSONAL INFORMATION

 Information we collect from you

We collect and process some or all of the following types of information from you in the course of your use of the website/app or providing our services:

• Information that you provide by filling in forms on the Platform or filing in forms as part of the registration process. This includes information provided at the time of registering to use the Platform, whilst purchasing services or products, or requesting further information. We may also ask you for information when you [g. report a problem with the Platform].
• Specifically, personal details such as name, email address, billing and delivery address, mobile number, payment card details or any information input by when using the Platform, completing our survey forms, using our Services.
• If you contact Us, We may keep a record of that correspondence.
• [We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.]
• Details of your visits to the Platform including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
• Details of your mobile device including but not limited to IMEI number, IP addresses.
• Information that you consent to provide to any third parties for using them to log into the Kwikpay apps or the websites.

The provision of your name, e-mail address, billing and delivery address, mobile number and payment card details is required from you to enable Us to process your purchases.

The provision of [your name, e-mail address, billing and delivery address, mobile number] is required form you to enable Us to enable us to register you as a user and provide you with our Services.

We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.

USES MADE OF YOUR INFORMATION

Lawful basis for processing

We process your name, email address, billing and delivery address, mobile number, payment card details in order to perform our obligations pursuant to the Terms and Conditions you have entered into. This is the lawful basis on which We collect and use your personal data.

We pass your information to the relevant service providers when you purchase their services/products via our Platform in order to perform our obligations pursuant to the Terms and Conditions you have entered into. This is the lawful basis on which We collect and use your personal data.

We rely on “legitimate interest” as the lawful basis on which We process your personal data for direct marketing purposes.

We rely on “legitimate interest” as the lawful basis on which your personal data is disclosed to a third party for the purposes of preventing fraud.

Purposes of processing

We use information held about you in the following ways:

• To provide you with our services.
• To ensure that content on the Platform is presented in the most effective manner for you and for the device(s) you use to access and view the Platform;
• To provide you with information and offers that you request from Us or which We feel may interest you.
• To carry out our obligations arising from any contracts entered into between you and Us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.

Marketing

In addition to the above uses We may use your information (and, where you have consented, permit selected third parties to use your information), to notify you about goods or services which may be of interest to you. Where We do this, We will contact you by electronic means (e-mail or SMS) only if you have consented to such communication.  If you do not want Us to use your data in this way please either (i) tick the relevant box situated on the form on which We collect your data (for example, the registration form); (ii) unsubscribe from our electronic communications using the method indicated in the relevant communication; or (iii) inform Us at any time by contacting Us at the contact details set out below.

DISCLOSURE OF YOUR INFORMATION

We routinely disclose your personal data to third parties as follows:

• We may pass your information to our third party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf.
• We pass your information to service providers who services/products you purchase via our Platform so that they are able to perform that service or deliver the product you have purchased.
• We may also disclose your personal data to third parties:

• in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; or
• if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about our customers will be one of the transferred assets; or
• if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Platform Terms and Conditions and other agreements]; or
• to protect Our rights, property, or safety or that of our affiliated entities and our users and any third party We interact with the to provide the Platform; or
• in relation to selected third parties only, only to the extent that you have consented to such selected third parties notifying you about certain goods or services, which may be if interest to you.

Other than as set out above, and save insofar as is necessary in order for Us to carry out our obligations arising from any contracts entered into between you and Us, We will not share your data with third parties unless We have procured your express consent to do so.

 STORING YOUR PERSONAL DATA

Security

We take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way.   We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. Where We process payment transactions, these will be encrypted using SSL technology. Where We have given you (or where you have chosen) a password which enables you to access certain parts of the Platform, you are responsible for keeping this password confidential.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

Keeping your personal data up to date

If your personal details change you may update them by accessing the relevant page of the web site or the “My Accounts” within the  mobile web or the app. or by contacting Us using the contact details below. If you have any questions about how We use data collected which relates to you, please contact Us by sending a request by email to the contact details below.

We will endeavour to update your personal data within seven (7) working days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.

How long we keep your personal data

• We will hold personal data including as name, email address, billing and delivery address, mobile number and your purchase history for [7 years].
• Any financial data (where you have made payment to us for our services) will be retained for 7 years in accordance with applicable tax laws.

Where we store your personal data

[The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your orders, and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

Such countries do not have the same data protection laws as the United Kingdom and EEA. Whilst the European Commission has not given a formal decision that [such countries] provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal data will be subject to a [provide details of the appropriate or suitable relevant safeguards eg European Commission approved contract] (as permitted under Article 46(5) of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data. To obtain a copy of the such [safeguards] [insert details of where they have been made available (where possible providing a link to the mechanism or information)].

If you would like further information please contact Us (see ‘Contact’ below). We will not otherwise transfer your personal data outside of the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

YOUR RIGHTS

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

• access to your personal data and to certain other supplementary information that this Policy is already designed to address
• require Us to correct any mistakes in your information which We hold
• require the erasure of personal data concerning you in certain situations
• receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• object at any time to processing of personal data concerning you for direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• object in certain other situations to our continued processing of your personal data
• otherwise restrict our processing of your personal data in certain circumstances
• claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

• email, Us at care@kwikpay.com,
• let Us have enough information to identify you (name, delivery address and e-mail address),
• let Us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
• let Us know the information to which your request relates [, including any account or reference numbers, if you have them]

HOW TO COMPLAIN

We hope that We can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this Policy at any time. Any changes We may make to our Policy in the future will be notified and made available to you using the Platform. Your continued use of the services and the Platform shall be deemed your acceptance of the varied privacy policy.

INFORMATION ABOUT OUR USE OF COOKIES AND IP ADDRESSES

We may collect information about your mobile phone, computer or other device from which you access the Platform including where available your IP address, operating system and browser type, for systems administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We may, however, use such information in conjunction with the data We have about you in order to track your usage of our services.

Our Platform uses cookies to distinguish you from other users of our Platform. This helps Us to provide you with a good experience when you browse our Platform and also allows Us to improve the Platform. By using our Platform you agree to our use of cookies as more specifically set out below.

A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

The cookies We use include:

• “Analytical” They allow Us to recognise and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps Us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.

• “Strictly necessary” cookies. These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our Platform, use a shopping cart or make use of e-billing services.
• “Functionality” cookies. These are used to recognise you when you return to our Platform. This enables Us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• “Targeting” cookies. These cookies record your visit to our Platform, the pages you have visited and the links you have followed to our affiliates websites. We will use this information to make our Platform, offers e-mailed to you and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Platform.

CONTACT

All questions, comments and requests regarding this Privacy and Cookies Policy should be addressed to [care@kwikpay.com] write to Us at Naico Limited 64 Nile Street London N1 7SR.