K-POLYGONE FINTCH SARL , a limited liability company with share capital of THIRTY MILLION (30,000,000) CFA FRANCS, headquartered in Lomé (TOGO), rue Lotiyè, quartier Tokoin Doumassessé, registered with the Registre du Commerce et du Crédit Mobilier under number [RCCM number], offers its customers various payment services linked to its KPpay electronic money platform. KPpay is authorized as an electronic money institution under number [authorization number]. The present contract is concluded between [Customer's name] and KPpay to enable the Customer to benefit from all the payment services available on the KPpay electronic money platform.
The terms defined below, beginning with a capital letter and used in both the singular and plural, shall have the following meaning:
Application: Computer program enabling access to the Platform from a smartphone or tablet running the iOS or Android operating systems.
Beneficiary: Any person who benefits from the execution of a Service performed by the Customer. The Customer knows the Beneficiary, who must be a natural person aged eighteen (18) or over and of legal age as defined by current regulations.
Payment Card: Card used as a medium for electronic money issued by KPpay and accepted by member merchants, of which the Customer is the bearer.
Electronic Money Account: Account opened in the Customer's name by KPpay under the conditions described below.
Virtual Account: Account reflecting on the Platform the Customer's account in KPpay's books. This Virtual Account is strictly personal, individual, non-assignable and non-transferable by the Customer.
Data: Information provided directly or indirectly by the Customer in connection with registration and use of the KPpay Services. The Customer warrants that the information provided is accurate and up-to-date.
Personal Data: Any information relating to an identified or identifiable natural person, directly or indirectly.
Service Fee: Fees and commissions automatically deducted by KPpay from each Transaction carried out by the Customer on the Platform in return for the Service. The amount of the Service Fee is subject to change and will be set by KPpay according to the Service concerned, and will be specified to the Customer at the time of the Transaction.
Customer: Any natural or legal person who, wishing to benefit from the Services provided by KPpay, has created an Account with KPpay. The Customer acknowledges that he/she is eighteen (18) years of age or older and has reached the age of majority as defined by applicable law.
Electronic money: Prepaid monetary value stored in electronic form, accepted as a means of payment by natural and legal persons, representing a claim on its issuer.
Platform: Solution named “KPpay” accessible via the Website or the Application. The purpose of the Platform, comprising the Public Area and the Reserved Area, is to provide Customers with an interface enabling the provision of Services in application of these General Terms and Conditions.
Payment Service Providers (PSP) : Banks and other financial institutions duly authorized to distribute KPpay e-money.
Services: All payment and electronic money services offered by KPpay, according to the scope covered by the nature of its approval, to its Customers via the Platform. These Services are described below.
Website: Internet site accessible at https://kppay.co, which includes the Platform.
Support: KPpay support portal, accessible to customers via the “Help” tab.
Transaction: Any payment operation initiated by the Customer via the Platform in connection with the use of a Service offered by KPpay directly or by its distributors and their distribution networks.
These General Terms and Conditions define the conditions and limits applicable to the use of KPpay's Payment Services. Their purpose is to inform the Customer of the following points in particular:
The services offered by the KPpay platform are as follows :
By accessing and using the Platform, the Application and the Services, the Customer acknowledges having been informed of KPpay's Terms and Conditions and accepts them without reservation, as well as KPpay's Privacy Policy.
Any Customer who refuses to comply with these terms and conditions must not use the Platform, the Application or the Services.
These General Terms and Conditions form a legally binding contract.
KPpay reserves the right to modify these General Terms and Conditions at any time. The date of the last update is indicated at the top of these General Terms and Conditions. The Customer will be informed of the new version of the General Terms and Conditions by message on the Platform and must accept them by checking the “I accept the General Terms and Conditions” box again immediately or at the time of his next Transaction.
KPpay will use its best efforts to make the Platform and the Application available 24 hours a day, 7 days a week, subject to scheduled maintenance, updates or events beyond its control. KPpay will take reasonable steps to limit interruptions when they are exclusively attributable to KPpay.
The Customer is responsible for the costs, subscriptions and equipment required to access and use the Platform and the Application.
Access to and use of the Reserved Area are subject to online registration and the creation of a Virtual Account, in accordance with the terms and conditions described in these General Terms and Conditions.
Une fois son inscription validée par KPpay, le Client pourra accéder à son Compte Virtuel, qui reflète son Compte de Monnaie Électronique ouvert dans les livres de KPpay, ainsi qu'à son Espace Réservé.
KPpay reserves the right, without justification or right to compensation, to :
The Customer must :
Each Customer is responsible for the confidentiality of all Data transmitted on the Platform, including his/her login, password and Beneficiary information.
The Customer acknowledges and accepts that KPpay may, at any time, :
KPpay reserves the right, at any time and for any reason whatsoever, to suspend or cancel the Account without notice, in particular in the event of the Customer providing a false or suspicious identity.
Registration authorizes the Customer to access his/her Account using the login and password created at the time of registration. Customers can access their Reserved Area to manage their Account and access Services, in particular :
KPpay reserves the right to refuse or terminate access to the Services to any User, in particular if KPpay suspects fraud or non-compliance with these General Terms and Conditions by the Customer concerned.
For each Transaction :
In cases where funds are not directly transferred to the Beneficiaries bank account or to their KPpay Account during a Transaction, cash withdrawals are possible at KPpay counters and its distribution network, within the limits displayed during the Transaction procedure.
Withdrawal of funds is possible up to the balance of the Account to which the Confidential Code is attached, less any withdrawal fees and/or exchange commissions.
The payment of certain Transactions may be delayed due to the application of the legislation of the country in which the said transactions take place.
Transactions carried out via KPpay are executed in compliance with the regulations governing electronic money issuers in force, as follows:
Limitation on loading the electronic purse: The maximum amount that can be loaded onto the Customer's electronic purse is set at ten million (10,000,000) FCFA per month. When a Customer has several KPpay electronic money instruments, the cumulative balance of all these instruments must not exceed the sum of ten million (10,000,000) FCFA per month.
Limitation on cash transfers: The maximum amount for a transfer operation is set at two million (2,000,000) FCFA.
Limitation of e-money holdings for an unidentified holder : The maximum amount of e-money holdings for an unidentified holder is set at two hundred thousand (200,000) FCFA per month.
The above-mentioned ceilings may be increased with the express authorization of BCEAO, or modified in the event of a change in the applicable regulations. In the event of a change in ceiling by BCEAO, the Customer will be informed by any means notification in the Application, and the new maximum amount will be applied automatically.
Each Customer shall use the Platform and the Application in a responsible manner that respects the rights of KPpay, other Users and third parties.
By accessing the Platform, including via the Application, the Customer undertakes and guarantees in particular to:
In particular, the Customer agrees not to:
Customers are responsible for keeping their login and password confidential. Customers undertake not to reveal their password to any other User or third party and to immediately notify KPpay of any unauthorized use of their Account.
During the execution of the present contract and except in cases of force majeure, the Customer may request the reimbursement of unused Electronic Money units. The request may be made by letter addressed to KPpay General Management. Refunds will be made in CFA Francs in cash, by cheque or by transfer to an account, according to the Customer's preference, in accordance with current regulations.
The refund will be made free of charge and at face value. The Customer must go to any KPpay branch where he can collect the sums due to him within three (03) working days.
Transactions carried out by KPpay's network of distributors and agents with the networks of other electronic money institutions will be offset in accordance with the regulatory provisions in force.
For each Transaction, a receipt will automatically be sent to the Customer by e-mail, or will appear on the Customer's Reserved Area at the end of the Transaction. This receipt will specify, among other things, the date, amount, status and nature of the Transaction.
If the receipt is not received within forty-eight (48) hours by e-mail or on the Reserved Area, it is the Customer's responsibility to report this defect within one (1) month from the date of the Transaction.
For each Transaction carried out under the Services, the Customer is required to pay a Service Fee. These Service Charges will be invoiced as follows:
For each Transaction, a Service Fee is deducted, as indicated during the completion process. The Service Fee is paid when the Customer validates the Transaction.
The Customer expressly authorizes KPpay to deduct the Service Fee from the Customer's Account for each Transaction.
The Platform and the Application, including all their components such as graphics, images, text, logos, software and interfaces, are protected by intellectual property rights and are the exclusive property of KPpay.
Subject to compliance with these General Terms and Conditions, KPpay authorizes the Customer to use the Platform and the Application within the limits of their functionalities.
Any use, reproduction, distribution, modification, retransmission or publication of the content is strictly prohibited without the prior written consent of KPpay.
KPpay uses cookies to improve the user experience. Customers are informed that cookies may be installed on their browsers. You can set your browser to notify you of the presence of cookies and refuse them.
However, certain functions of the Platform may no longer be used if the Customer blocks or refuses the installation of cookies.
The Platform contains links to other Internet sites and resources. KPpay is in no way responsible for the content, resources or services provided by any site to which the hypertext links redirect the Customer.
Any creation of links to the Platform is subject to the prior written authorization of KPpay.
KPpay collects Personal Data from Users, in particular when they access the Platform, use the Platform, the Application and create an Account.
KPpay ensures that User Data remains confidential. KPpay reserves the right to communicate User Data only to its partners and subcontractors in compliance with applicable regulations.
The Customer acknowledges :
KPpay :
KPpay reserves the right to suspend the Services and the Customer's Account without compensation, if necessary without prior notice, if the Customer fails to comply with any of his obligations under these General Terms and Conditions. KPpay will inform the Customer of the reasons and terms of such suspension.
By the customer: The Customer may, free of charge, close his Account at any time by contacting KPpay via the Support accessible at https://kppay.co.
By KPpay: In the event of a serious breach by the Customer, KPpay may terminate the Customer's Account by sending a registered letter with acknowledgement of receipt.
Sleeping Account : After six (6) months without a transaction on the Customer's Account, KPpay reserves the right to close said Account without notice or notification.
In the event of termination, the Customer acknowledges that he must ensure that he has paid all sums due, in particular the Service Fees. The Customer will no longer be able to use the Services offered on the Platform.
KPpay undertakes to inform the Customer of the possibility of withdrawing funds from his/her Account.
Subject to the exclusions provided for by legal provisions, the Customer, a natural person and consumer, has a period of fourteen (14) days to exercise his right of withdrawal from acceptance of these General Terms and Conditions, without having to give reasons for his decision.
To exercise this right, the Customer must contact KPpay in writing.
The provisions of these General Terms and Conditions which, by their nature or wording, are intended to continue to apply after the Platform has ceased to be used, shall remain in force.
If one or more of the stipulations herein are held to be invalid, the other stipulations shall retain their full force and scope.
In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings will be disregarded.
The parties agree that all taxes and duties to which the transactions carried out within the framework of the KPpay Services give rise shall be borne by the Customer.
These General Terms and Conditions and the documents to which they refer are governed by Togolese law.
In the event of a dispute, the Customer undertakes to contact KPpay as a matter of priority in order to attempt to resolve any dispute amicably.
In the absence of an amicable agreement, any dispute will be submitted to the competent courts.
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