Terms and conditions
IMPORTANT INFORMATION YOU NEED TO KNOW
These terms and conditions are effective as of July 25th, 2024, and are a contract between You (“You,” “Your”) and Open Payment Technologies Ltd (The “Company,” “We,” “Us,” “Our”), which defines the terms and conditions on which We provide Our Services to You (the “Agreement”).
The Company is a company incorporated under the laws of the Isle of Man (136352C), with its registered office at Second Floor, The Old Court House, Athol Street Douglas, Isle of Man, IM1 1LD, and is licensed and regulated by the Isle of Man Financial Services Authority (FSA) to conduct Class 8 (2)(a) & (4) Electronic Money Transmission Services business.
The Company operates its business using the product / brand name “Kuady” and throughout this Agreement Your account will be referred to as the or Your Kuady Account. This Agreement, along with the Fees and Limits page, Privacy Policy, Media policy, Cookie Policy form the entire legal Agreement between You and Us. Not all the services described in this Agreement are provided by Us. Some services are provided by Authorised Third Party Providers.
It is important that You understand this Agreement before proceeding.
GLOSSARY/DEFINITION
Account Information Services – an online Service which provides consolidated information on accounts held by You with one or more payment Service providers such as banks.
Account Information Services Provider – a third party payment Service provider that is authorised by its regulator to give Account Information Services to You with Your explicit consent and under a separate Agreement which You have entered with them.
Agreement – means the entire document which sets the terms and conditions on which We provided Our Services, together with any ancillary documents referenced throughout.
Applicable Laws – all laws and regulations which apply to The Isle of Man and the Company when providing Services to You. This includes among others the Isle of Man law regarding the legal status and the supervision of payment institutions and electronic money institutions.
Application – Your application for a Kuady Account and/or Kuady Card which is accepted by Us.
ATM – automated teller machine, otherwise known as a cash machine, which is used to withdraw money.
Authorised Third Party Provider – includes Account Information Service Provider and/or Payment Initiation Service Provider and/or Card Providers, among others.
Available Balance – the value of funds is displayed in Virtual Local Currency and in US Dollars (USD) available in Your Kuady Account to use.
Business Days– Monday to Friday but does not include bank or public holidays in the Isle of Man.
Card Exchange Rate – means an exchange rate that is determined by a card scheme (any card payment systems, such MasterCard®, or others, including national or local systems) which depends on the time at which a transaction is executed through the card scheme system. This in turn depends on the time at which the recipient’s acquiring bank submits the transaction for payment by Us.
Customer – a customer residing in the Country at the time of Application for a Kuady Account and during the time he/she holds that Kuady Account. Also, someone who has opened a Kuady Account or entered some of their personal data with the intention of opening a Kuady Account and who does not use the Kuady Account for business purposes. Also known as a Kuady Account Holder.
Chargeback – mechanism to reclaim money from a Service provider’s bank. This can allow Us to provide You with a refund in several circumstances defined in this Agreement; Chargebacks will be handled by the Authorized Card Providers according to their respective scheme rules and not by Us.
Contactless – a payment feature that lets You pay by tapping Your Kuady Card on a POS up to certain limits which may vary from country to country and change from time to time.
Customer Services Department – the team responsible for supporting questions relating to Kuady Account.
E-money – the electronic money associated with Your Kuady Account.
Fees – shall mean the charge payable by You to Us for using Our Services.
FSA – The Isle of Man Financial Services Authority, with its contact address available at www.iomfsa.im
Foreign Currency Transaction – meaning given in the section “International transfers to and from Your Kuady Account.”
Full Deductible Amount – the full transaction amount, including the transaction itself along with any associated fees, charges, and taxes.
Help Center – means Our website https://help.kuady.com where You can ask questions and find support from our Customer Service Department for all Your doubts related to the Kuady Account.
Inbound Payment Methods – the ways in which You can add money to Your Kuady Account, as described in the section headed “Adding Money to Your Kuady Account.”
Intellectual Property – means (i) rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world; (ii) rights in the nature of unfair competition rights and to sue for passing off and for past infringement; and (iii) trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information.
Local Laws – means all laws and regulations that the Company may be subject to within the countries that it offers the Kuady App / Services.
Kuady Account – the electronic account detailing Your Available Balance. A Kuady Account may have a Kuady Card linked to it which You can use only in Your Virtual Local Currencies. Your Kuady Card is issued by an Authorised Third Party Provider, through Your Kuady Account.
Kuady Account Details – any details related to Your Kuady Account.
Kuady Account Holder – You, the individual entering into this Agreement with Us.
Kuady Account Transactions Limits – maximum limits for each transaction made inbound and outbound for Your Kuady Account as shown on Our Fees and Limits page.
Kuady App – a smartphone App that allows You to have access to Your Kuady Account.
Kuady Card – if You choose to have a card, this card is issued by a Authorised Third Party Provider and linked to Your Kuady Account.
Kuady Website – means https://www.kuady.com/
Mastercard Acceptance Mark – means the brand mark of Mastercard International, as further described at http://www.mastercardbrandcenter.com and which is used for by parties signifying acceptance.
Merchant – a retailer, or any other person, firm or corporation that accepts cards by fully authorized card issuers or e-wallet payments method via Your Kuady Account.
Mobile Device – refers to a mobile smart phone device with a SIM card.
Outbound Payment Methods – are any payments from a Kuady Account to an approved payee or to Your Bank Account upon an Outbound Payment order.
Payment Details – refer to a unique number that is assigned to Your transaction or Payment Methods in order to identify them.
Payment Methods – Inbound or outbound methods.
“POS” means the Merchant Point of Sale terminal.
Segregated Bank Account – It is an account held by the Company at a regulated bank that is segregated from the Company’s own funds and protected from the Company’s creditors in the event of bankruptcy. This is sometimes referred to as a safeguarding account.
Services – means all products, services, content, features, technologies, or functions offered by Us and all related websites, applications (including the Kuady App and the Kuady Card), and Service models.
Standing Order / Regular Payments – the ability to make regular payments from Your Kuady Card (full details of this is defined in the Services below).
Unique Identifier – the details of the person You wish to pay as explained in the section headed “Making Payments from Your Kuady Account to another Kuady Account.”
“Virtual Local Currency”, means Your E-money displayed in your local currency balance according to Your country of residence and safeguarded by Us as per Applicable Laws.
Your Bank Account – refers to the financial account held by You at a regulated bank or financial institution and registered in Your Kuady Account.
ACCESSING YOUR AGREEMENT
You can ask Us for a copy of this Agreement through Your Kuady App at any time. You can also download a copy of this Agreement from Our Website or by asking Our Help Center. Capitalised terms have the meaning defined in the section “Glossary/Definition” at the begin of this Agreement.
HOW WE COMMUNICATE WITH YOU
We will send You Service notifications or other information about Your Kuady Account by e-mail, SMS or through Your Kuady App. These will be in English or in the language You have chosen in Your Kuady App. To help keep Your Kuady Account safe and secure, please make sure to download the latest operating system software for Your Mobile Device and the latest version of the Kuady App as soon as they are available. Please also make sure to keep Your details up to date through Your Kuady App, including Your residential address, e-mail address and mobile phone number. To meet Our legal and regulatory requirements, We might sometimes need to ask for more information about You (for example, if Your spending increases). Make sure to give Us this information quickly so that it does not cause any issues with Your Kuady Account or Our Services. Finally, You can contact Our Help Center.
Should You have any indication or suspicion that Your Kuady Account, login details, password or other security feature is lost, stolen, misappropriated, used without authorisation, or otherwise compromised, You are advised to change Your password immediately. You must contact Our Help Center without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of Your Kuady Account, login details, password, or other security features. Any undue delay in notifying Us may not only affect the security of Your Kuady Account but may result in You being liable for any losses as a result where Your failure to notify Us is intentional or grossly negligent. If You suspect that Your Kuady Account was accessed by someone else, You should also contact Your local police and report the incident.
We may suspend Your Kuady Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Kuady Account or any of its security features or if We reasonably suspect that an unauthorised or fraudulent use of Your Kuady Account has occurred or that any of its security features have been compromised. We will notify You by email of any suspension or restriction and the reasons for the suspension or restriction in advance or, where We are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying You would be unlawful or compromise Our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
You must take all reasonable care to ensure that Your e-mail account is secure and only accessed by You, as Your e-mail address may be used to reset passwords or to communicate with You about the security of Your Kuady Account. In case the e-mail account registered with Your Kuady Account is compromised, You should without undue delay after becoming aware of this contact Our Help Center and contact Your e-mail Service provider.
KUADY PERSONAL ACCOUNT
By entering into this Agreement, You confirm that You shall not use Your Kuady Account for business purposes.
YOUR KUADY ACCOUNT
Your Kuady Account is a ‘virtual’ account that holds Your E-money and enables You to check Your Available Balance, obtain access, via the Kuady App, to different Services, including payments and the other Services mentioned in this Agreement. We use the term “money” to refer to E-money. The virtual -currencies available on Your Kuady Account and displays in Your Available Balance will be in Your Virtual Local Currency – depending on the Country of Your residency – and/or US Dollars.
Your Virtual Local Currency display in your Available Balance will be safeguarded by Us as per Applicable Laws, but it will be displayed in the corresponding amount of Virtual Local Currency.
Notwithstanding, if You decide to exchange an amount of Your Virtual Local Currency into Your US Dollars currency in Your Available Balance, the amount now will be displayed in Your Available Balance in US Dollars rather than in Your Virtual Local Currency. We will convert that amount of the transaction based on the Exchange Rate applicable at the time, and You will be asked to proceed before the transaction is finalised. You will be notified via automatic electronic notification (such as email or push notifications via the Kuady App) with transaction details every time you decide to exchange an amount within Your Kuady Account.
HOW WE KEEP YOUR MONEY SAFE
When We receive a payment for Your Kuady Account, or You add money to it, We place the equivalent value of E-money in Your Kuady Account. Your Kuady Account allows You to hold, spend, send, and receive funds and convert currency, between Your Virtual Local Currency and US Dollars. The funds held on Your Kuady Account do not expire and are issued in accordance with the Isle of Man Financial Services Act 2008 and the associated Regulated Activities Orders. The funds held with Us, including balances in Your Kuady Account, do not constitute a deposit and are not protected by the Isle of Man Depositors Compensation Scheme (DCS).
When the Company provides You with Inbound Payment Methods, these are a way to send funds to a bank account held by the Company. The Company can credit Your Kuady Account when You use these Inbound Payment Methods. This is not a bank account number for a bank account held by You.
As the Company is not a bank, We use a Safeguarding Account(s) to protect Your money and Your money is usually stored in US Dollars to comply with the Applicable Laws. This is done in accordance with the Isle of Man Financial Services Authorities Rule Book 2016 (as amended) (“the Rule Book”). The Company keeps Your money in the name of the Company in established and regulated Banking Institutions in accordance with the requirements of the Rule Book. We may change Our safeguarding institutions from time to time, without giving notice to You. If you want to have more information You can find out more about how We safeguard Your money in Our Help Center.
ALLOWING AUTHORISED THIRD-PARTY PROVIDERS ACCESS TO YOUR KUADY ACCOUNT
You can give permission to open banking providers and other Authorised Third Party Providers to access Your Kuady Account information or make payments on Your behalf. Once You have given an Authorised Third-Party Provider consent to provide You with their services, We must provide access to certain aspects of Your Kuady Account if they request it. We can only block access in certain circumstances (for example, if We are concerned about fraud, or if they do not have the authorisation they need), and We will email You before We do this or as soon as We can afterwards.
APPLYING FOR AND REGISTERING YOUR KUADY ACCOUNT
To apply for a Kuady Account:
• You must be at least 18 years old.
• To use Your Kuady Account, You will need to download the Kuady App on Your Mobile Device.
• When setting up Your Kuady Account, You must give Us accurate and true information about yourself. You will also need to tell Us of any changes to Your personal details as soon as possible, so that Our records stay up to date.
• We may confidentially check the information You give Us or obtain information about You through third parties and or from secure databases.
• By entering into this Agreement, You consent to Us or a third party on Our behalf carrying out these assessments and to obtain anymore information We might need to set up Your Kuady Account. Our Privacy Policy explains more about how We use Your personal data for these and other purposes. When We have the information We need, We can decide to either accept or reject Your Application for a Kuady Account.
• The currency of Your Kuady Account will depend on which Country You live in, Your Virtual Local Currency and in addition, US Dollars are also available on Your Kuady Account.
• If We find out that the information, We hold about You is not correct, We may suspend Your Kuady Account until We can confirm the correct information. This is to protect us both.
You cannot:
• Open more than one Kuady Account.
• Use a Kuady Account for business purposes.
• Open a new Kuady Account if We have previously closed a Kuady Account in Your name.
ADDING MONEY TO YOUR KUADY ACCOUNT
There are a few ways to add money to Your Kuady Account, as long as they are within Your Kuady Account Limits. There may be a fee for the method You choose which You can find on Our Fees and Limits page. You can add money to Your Kuady Account through Our Inbound Payment Methods by topping up with a card in Your name beside other methods as local and international transfers displayed in Your Kuady App. When You add money for example by bank transfer, You must use Your Kuady Account Details as shown in Your Kuady App. When We receive the money, We will add the equivalent value of E-money to Your Kuady Account. For international bank transfers, see “International Transfers to and from Your Kuady Account” for more information. To add money to Your Kuady Account, You will need to follow the instructions in Your Kuady App. We are not responsible for any money until it is received by Us. The Payment Methods can change or stop being available from time to time, and We will endeavour to advise You in advance, but We cannot guarantee this. Please check Your Kuady App to see the ways You can add money to Your Kuady Account. Some of the Inbound Payment Methods that We offer to You from time to time depend on the services of Our Authorised Third Parties’ Providers. You may have to agree to the Terms and Conditions of these third parties before You can use them.
We might not add money to Your Kuady Account if:
• Your Kuady Account is inactive or blocked.
• You have not not given correct/valid Kuady Account Details for Your Kuady Account.
• We are unable to verify the source of the money being sent to Us where applicable.
• We suspect fraudulent activity on Your Kuady Account.
• To do so is prohibited by Applicable Laws.
If any of the situations above apply, We may return the money to the sender without notifying You.
New funds will be credited to Your Kuady Account after the funds have been received by Us. Some transactions will be credited to Your Kuady Account immediately but are subject to reversal or chargeback if the actual funds do not reach Us within a reasonable time in which case, We will debit the amount from the local Available Balance of Your Kuady Account. If You choose to add funds using an Inbound Payment Method that may be subject to a right to claim funds back (a “Chargeback”). You declare that You will not exercise such Chargeback other than for unauthorised use of the Inbound Payment Method or for a breach by Us of this Agreement which would result in You having a right to a refund of the uploaded amount. Otherwise, You may not Chargeback any transaction or allow a Chargeback of any transaction for reasons for which We are not responsible including (but not limited to) disputes with Merchants for non-delivery of goods or services or insufficient balance on the Inbound Payment Method account. We might reserve the right to charge You Fees and charges We incur in connection with such Chargeback and any action undertaken to challenge the same.
You should be aware that receipt of funds to Your Kuady Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if the remitting bank or payment Service provider has charged back or otherwise reversed (or is reasonably likely to Chargeback or otherwise reverse) a payment which was used to fund the payment to You.
If Your Kuady Account has insufficient funds to cover a Chargeback or reversal of a transaction, You will be required to upload sufficient funds into Your Kuady Account to cover the deficit immediately without notice. Failure to do so is a breach of this Agreement. We reserve the right, at any time, to cover Your debts using any available balance on Your account, either in local currencies or US Dollars, if not sufficient, We will expect You to cover any outstanding sums as soon as possible. We will send You reminders or will take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge You the expenses We reasonably incur in connection with any debt collection or enforcement efforts.
WITHDRAWING YOUR MONEY FROM YOUR KUADY ACCOUNT
You can only withdraw Your Virtual Local Currency displayed in Your Available Balance and send it solely to Your Bank Account which is registered in Your name in Your Kuady App.
HOW TO CHECK YOUR KUADY ACCOUNT AVAILABLE BALANCE
You can check Your Available Balance and transaction history for Your Kuady Account through Your Kuady App. You should check Your Kuady Account balance and transaction history regularly. You should report any irregularities or clarify any questions You have as soon as possible by checking or by contacting Our Help Center. Each transaction will have a unique Payment Detail as a transaction reference. Your Kuady Account activity is always available in Your Kuady App within a certain time. If Your Kuady Card is lost/stolen/damaged, or someone steals from Your Kuady Account You must notify Us as soon as You become aware of the loss, theft, fraud, or unauthorised use of Your Kuady Account or Kuady Card, either through Your Kuady App or by checking or by contacting Our Help Center. This is so that We can block Your Kuady Card and/or suspend Your Kuady Account. This paragraph should be read in conjunction with “Your Responsibilities” section which explains what Your responsibilities are in the event of Your Kuady Card being lost or stolen.
You must ensure that the information recorded in Your Kuady Account is always accurate and up to date and shall not be liable for any loss arising out of Your failure to do so. We may ask You at any time to confirm the accuracy of Your information or to provide documents or other evidence. It is Your responsibility to regularly check the proper functioning of Your email account or other methods of communication that You have registered with Your Kuady Account and to retrieve and read messages relating to Your Account promptly. We shall not be liable for any loss arising out of Your failure to do so.
LIMITS ON THE USE OF YOUR KUADY ACCOUNT
You must not use Your Kuady Account for any of these reasons:
• For any illegal purpose or activity or in any manner and matter that is illegal [Pornography, pedo-pornography and other visual content depicting explicitly sexual acts. Services of sexual nature (webcam shows, live chats, prostitution, escorts, etc.). Sexually oriented establishments (massage parlors, strip clubs, gentleman’s clubs). Illegal gambling. Counterfeit or unauthorised goods. Certain controlled substances or other products that present a risk to consumer safety. Smart drugs, nootropic supplements. Substances that provide similar effects as illegal drugs (kratom, khat, etc.). Anabolic steroids and peptides. Drug paraphernalia. Any equipment, product, or material which is intended for making, using, or concealing drugs. Weapons (including weapons of historic significance), military software, or any other goods or services intended for military use. Payments for the sale of alcohol to retail customers are not supported. Cannabis. Other restricted activities. Binary options. Escrow services].
• In a way that We reasonably believe might harm Our ability to provide Our services.
• To control or use a Kuady Account that is not Yours.
• To allow anyone else to have access to or use Your Kuady Account or the Kuady app.
• In Countries which are expressly forbidden by the Local Laws [https://www.gov.im/about-the-government/departments/home-affairs/chief-executives-office/anti-money-laundering-legislation-and-countering-the-financing-of-terrorism-amlcft/]
• You are not allowed to send Your Virtual Local Currency to any other bank account different from Your Bank Account.
If We suspect You are using Your Kuady Account in a way that does not comply with the terms of this Agreement, We can close or suspend Your Kuady Account at any time. You can read the section on “Suspension or Closure of Your Kuady Account by us” for more information on how and when We can close Your Kuady Account.
Depending on the Country of Your residency, different Kuady Account Limits may apply. More information can be found on Our Kuady Account Fee and Limits page, and We reserve the right to change these limits, as required. For example, We may have to lower limits to comply with Applicable Laws or the laws and rules of the country of Your residency and if applicable to reduce the risk of financial crime. If We change the Kuady Account Limits, We will notify You with twenty (20) days’ notice (where We are able to) of the revised limits for Your Kuady Account.
MAKING PAYMENTS FROM YOUR KUADY ACCOUNT TO ANOTHER KUADY ACCOUNT
To make a payment from Your Kuady Account to another Kuady Account, You will need to set up a new contact on Your Mobile Device and then select their telephone number as the payee. You might have to follow some security authorisation steps in Your Kuady App, including 2-step authentication, if applicable in Your Country. Once You have completed these, We will process Your payment.
When setting up a payee or making a payment, make sure to add the correct details of the account You want to pay. If they are not correct, Your payment may be delayed, or You might lose Your money if it is sent to the wrong details.
If We process Your payment in accordance with the Unique Identifier You have given Us, We are not responsible if that payment goes to the wrong account or is not sent at all because the Unique Identifier You have provided is not correct.
It is Your responsibility to check that You have enough money (Available Balance) before sending any payments out of Your Kuady Account. If there is not enough money in Your Kuady Account, We will reject Your payment.
If You update Your mobile number through Your Kuady App or Our Help Center, You will not be able to set up a new payee for making payments for 24 hours.
If a payment is rejected by the payee, We will automatically refund the money to Your Kuady Account after it is returned to the Company’s Segregated Bank Account.
You can authorise Us to make a payment from Your Kuady Account through the Kuady App by setting up payments and giving Us instructions.
1. We will treat a payment as authorised by You if:
You authorised the transactions and payments through Your Kuady Account using the Kuady App entry passcode or relevant credentials.
2. We will treat a payment as authorised by You, unless:
You let Us know that the money was stolen from Your Kuady Account; or You do not think We have carried out Your instructions correctly. Once You authorise a payment, You will not be able to stop it. We may not process a payment if We consider it to be unlawful or fraudulent.
3. Notifying Us of unauthorised and incorrect payments:
If You think there has been a payment made from Your Kuady Account that was not authorised by You or not correctly made, You must notify Us without undue delay after becoming aware of the unauthorised or incorrect transaction as defined under the laws of the Isle of Man, as applicable from time to time. You can do this by contacting Our Help Center via email or live chat.
4. Refund of unauthorised payments:
If We can not confirm that the payment was authorised by You, We will refund You the amount of the unauthorised transaction; and refund any Fees or charges so that Your Kuady Account is in the same state it was in immediately before the unauthorised payment was made. We will provide You with a refund or justification for refusing it within ten (10) Business Days of receiving Your request for such a refund or if We decide to ask You for further information within ten (10) Business Days of receiving the information. You agree to provide any further information as is reasonably necessary for Us to ascertain whether the conditions for the refund are satisfied.
If We reasonably believe You have acted fraudulently, We do not have to refund You. In this situation, We may notify the appropriate authorities as permitted by the Applicable Laws. If We do not give You a refund by the end of ten (10) Business days but later confirm that the payment was unauthorised, We will refund the amount including any Fees or charges to You as soon as We can and restore Your Kuady Account to the state it was in immediately before the unauthorised payment took place.
If it later transpires that You were not entitled to it, We will treat the refund as a mistake and may reapply the payment, including any Fees or charges to Your Kuady Account. If We reverse a refund in this way, We will give You reasonable notice.
In some circumstances You may be responsible for Your own losses resulting from an unauthorised transaction. Please read the “Your Responsibilities” section carefully to understand when You may be responsible for an unauthorised payment taken from your Kuady Account.
5. Refund of incorrect payments
We are responsible for making payments from Your Kuady Account correctly. If You tell Us that a payment has not been made correctly, upon investigation, We will refund your Kuady Account with the amount including any Fees or charges of the incorrect payment and restore Your Kuady Account to the state it was before the incorrect payment took place.
However, this will not apply if:
• You do not tell Us about the incorrect payment as soon as possible after the date of the relevant payment; any part of the Unique Identifier in the Payment details You gave Us was incorrect; If the payment has gone missing, We will make reasonable efforts to recover Your money, but We may charge You a fee to cover Our costs in doing so – We will tell You how much it is before We start the recovery; If We can not recover the money, You can send Us a request via email with the relevant information We have regarding the payment to help You reclaim the money; We will give this information to You, except where Applicable Laws prevent Us from doing so.
• We can show that the payment was correctly received by the receiver (in which case You will be responsible for the payment).
• If the incorrect payment was as a result of unforeseeable events outside Our control which were unavoidable at the time, or because We had to comply with Applicable Laws and/or Local Laws.
• If money is paid into Your Kuady Account by mistake, We can take it back out of Your Kuady Account and/or put a hold on the money so that it can not be spent. We do not have to tell You before We do either of these things. It is illegal to use money in Your Kuady Account that You know does not belong to You.
• If money goes into Your Kuady Account by mistake, We will need to give sufficient details about You and the incorrect payment to the bank or institution that sent the payment to help them recover the money.
Regardless of responsibility, if You want to ask Us for information about the execution of a payment, We will make immediate efforts to trace the payment and let You know of the outcome, free of charge.
HOW LONG DOES IT TAKE TO MAKE A PAYMENT
We understand that when You make a payment, You need to know that the person You are sending it to will receive it on time. When they will receive the money depends on:
• The time You ask Us to make the payment, i.e., when We receive the payment instruction from You; and the currency You want to make it in.
• The time of the payment instruction is when We receive it from You, except where We receive Your payment instruction at the end of a Business Day, in which case We treat it as received by Us the next Business Day.
• We will always tell You the maximum time it will take for Us to make the payment and the amount of any charges payable, including a breakdown if You ask Us for one.
We will add the money to Your Kuady Account the same Business Day that We receive Your payment instruction subject to the international banking institutions being open for business.
We may refuse to process a payment (without giving You prior notice) if:
• You do not have sufficient Available Balance in Your Kuady Account to cover the payment.
• Your Kuady Account is suspended or closed.
• Your Kuady Account has reached its Limits.
• We need to do so to comply with the rules of the Payment Method.
• We suspect fraudulent activity in Your Kuady Account, or the payment is unlawful or fraudulent.
• We are concerned about fraud or unauthorised access to Your Kuady Account.
• We are prevented from making the payment by legal or regulatory requirements or We need to carry out further checks.
• You have breached this Agreement in a way that We reasonably believe justifies Us in refusing or delaying Your payment.
• We believe that processing Your payment instruction would break this Agreement or that Your payment instruction does not contain all the information We need to make the payment properly.
• We have been made aware of a bankruptcy order made against You, or that You have entered an individual voluntary arrangement with Your creditors (or the local equivalent of a bankruptcy order or individual voluntary agreement).
• A third party stops Us from making the payment withdrawal using Your Kuady Card.
• You owe Us money, or We intend to exercise Our right of set-off.
• We have asked You for essential information We need, and You have not given Us that information.
If We refuse a payment, We will notify You through email, SMS, or Your Kuady App. Unless the Applicable Laws prevent Us, We will tell You about the reasons for Our refusal as soon as We can and no later than the end of the next Business Day after We receive the payment instruction from You. You can check or contact Our Help Center and We will, if possible, tell You what You can do to correct any errors in Your payment instruction. We are not responsible for any losses You suffer because of Us refusing or delaying a payment, and We are not responsible for telling Your intended payee about the refusal or delay. In the event of suspected or actual fraud or security threat to Your Kuady Card or Kuady Account, We will contact You through email or another secure way (live chat). We may ask You to verify Your identity for security purposes. If, for any reason, a payment is processed for more than the Available Balance in Your Kuady Account, You must repay Us the amount by which the full deductible amount goes over Your Available Balance. If for example a deduction of fees results in a negative balance in Your Kuady Account, You will be required to repay such negative balance by uploading sufficient funds into Your Kuady Account. Failure to do so is a breach of this Agreement. Repayment of the negative balance is due immediately without any notice. However, We reserve the right at any time to send You reminders that You need to upload funds or to take other debt collection measures including but not limited to instructing a debt collection agency or solicitors to pursue the claim in court. We reserve the right to charge You expenses We have reasonably incurred in connection with any debt collection or enforcement efforts.
YOUR KUADY CARD
You can request a virtual and or physical Kuady Card that is linked to Your Kuady Account. We do not offer credit cards or charge cards. Your Kuady Card is issued by a Authorised Third Party Provider duly authorized and regulated by the local authority in Your jurisdiction.
The Kuady Card may not be available in all countries where Your Kuady Account operates. For more information You can check Our Help Center.
You can use the Kuady Card at any location that displays the Mastercard Acceptance Mark. Before using the Kuady Card You need to make sure that there are enough funds available in Your Kuady Account, local currency. You will not be able to use Your Kuady Card after its expiry date. Your virtual and or physical Kuady Card has its own unique card number, expiry date, and CVC and can be ordered separately.
Transactions with your Kuady Card may be subject to currency conversions. Where you make purchases or withdraw cash with your Kuady Card in a currency different than Your Kuady Card currency, the amount of the transaction will be converted to your Kuady Card currency based on the Card Exchange Rate. Additionally, We may charge You a foreign exchange fee.
1. Applying for and activating Your Kuady Card
1.1 To apply for a Kuady Card You must be at least 18 years old, and a resident of permitted countries regulated under this Agreement.
Applying for Your Kuady Card is free. However if You apply for a Kuady physical Card, You must be sure to have enough money in Your Kuady Account to pay the shipping cost involved.
1.2 Your Kuady Card is denominated in Your Virtual Local Currency, where applicable in Your country. It remains in our sole discretion whether We issue a Kuady Card to You. If Your application for a Kuady Card is approved, We will instantly make available Your digital Kuady Card and We will send Your physical Kuady Card within fifteen (15) Business Days, however, please be aware that in some instances it can take longer for Your physical Kuady Card to arrive. If You receive a physical Kuady Card Your Kuady Card needs to be activated following the instructions for the activation process.
2. Funds available through Your Kuady Card
2.1 Your Kuady Card is a way to access funds on Your Kuady Account and You may not spend or withdraw more funds than You currently hold on Your Kuady Account.
2.2 The Transaction Limits of Your Kuady Card depend on a variety of factors such as Your country of residence, the verification status of Your Kuady Account and other factors used by Us to determine such limits from time to time in our sole discretion. Please refer to Your account Limits. Transaction Limits are quoted in US Dollars.
2.3 Transactions made by You through a POS must be authorised by You by: if Using CHIP and PIN, entering Your PIN; if Using Contactless payment tapping Your Kuady Card against a Contactless-enabled reader; or by such other means as We shall tell You from time to time. You cannot withdraw Your authorisation after You have entered Your PIN or signed the Merchant receipt or tapped Your Kuady Card against the Contactless-enabled reader.
2.4 Online transactions must be authorised by You by entering Your Kuady Card details as required by the Merchant. This usually means providing Your Kuady Card number, the name on Your Kuady Card, the expiry date of Your Kuady Card and in many cases the CVC number printed on Your Kuady Card but can include any security procedures that We or the Merchant require. You cannot withdraw Your authorisation after having completed Your transaction.
2.5 You must always make sure that Your Available Balance covers both the value of Your transaction and any applicable Fees. You can view Your transaction history by logging into Your Kuady Account.
3. Cancellation and expiry of Your Kuady Card
3.1 Your physical Kuady Card will expire on the expiry date printed on the physical Kuady Card. For a virtual Kuady Card, the expiry date is shown on the virtual card image displayed within Your Kuady App. You will not be able to Use Your Kuady Card after it has expired.
3.2 Shortly before Your Kuady Card expires We may provide You with a replacement card or contact You to ask whether You require a replacement card. If instead You ask for a replacement, You must ensure that You have sufficient funds in Your Kuady Account to cover Your initial card fee prior otherwise We reserve the right not to reissue Your Kuady Card. Please note that a Virtual Kuady Card will be still available and You can make payments while You are waiting a new physical Kuady Card to be issued and sent to Your address.
3.3 You may cancel Your Kuady Card up to fourteen (14) days after You receive Your Kuady Card if applicable in Your Country. This fourteen (14) day period is known as the “Cooling-Off Period”. Please note that if You order a physical Kuady Card the Cooling-Off Period will start on the date You have received Your physical Kuady Card. We will refund the initial Fee if You cancel within the Cooling-Off Period if applicable in Your Country. You may also cancel Your Kuady Card at any time after the fourteen (14) day Cooling-Off Period however, Your Fee will not be refunded.
3.4 You can cancel Your Kuady Card immediately by using the tools available to You in the Kuady App or by checking Our Help Center. Following expiry or cancellation of Your Kuady Card or termination of this Agreement, You will not be able to Use Your Kuady Card and You must destroy it by cutting through the card chip. You must Use all reasonable efforts to dispose of Your Kuady Card securely so that no third party can get hold of Your Kuady Card number or the security number.
3.5 We may suspend, block or otherwise restrict Your Kuady Card at any time and without liability to You if: We have reasonable grounds to suspect fraud, misuse or other security breach concerning Your Kuady Card; You are in breach of this Agreement; or We need to do so to comply with the Applicable laws. We will notify You of any suspension, block or restriction of Your Kuady Card and the reasons for such action in advance or, if this is not possible, immediately after the suspension, block or restriction unless this would compromise reasonable security measures or to do so would be unlawful. We will reactivate Your Kuady Card or replace it with a new one as soon as practicable after the reasons for the suspension and/or the restriction cease to exist.
4. Keeping Your Kuady Card secure
4.1 You should treat Your Kuady Card like cash and always keep it safe. The Kuady Card is personal to You and You must not let anyone else use it. You will receive a PIN for Your physical Kuady Card and You must keep Your PIN safe. You must always keep Your PIN secret and must not reveal it to anyone. If You think Your PIN has been or may have been revealed to another person or otherwise compromised, You must inform Us without undue delay by calling Our Help Centre.
4.2 We recommend that You check Your Available Balance in Your Kuady Account and transaction history regularly in Your Kuady App. You must report to Us any transaction which You do not recognise in accordance with the section below. If You suspect that Your Kuady Card has been lost, stolen, misappropriated, used without authorisation or otherwise compromised, You must tell Us without undue delay by calling or emailing Us at the Help Centre so We can cancel Your Kuady Card. Any undue delay may result in You being liable for any losses as a result where Your failure to notify Us is intentional or grossly negligent. If You suspect that Your Kuady Card is being used by someone else, You should also contact the police and report the incident.
5. Our Liability
Like other payment cards, We cannot guarantee a Merchant will accept your Kuady Card, or that we will authorise any particular transaction. This may be because of a systems problem, something outside Our reasonable control, or because We are concerned that your Kuady Card is being misused. Accordingly, to the extent permitted under this Agreement and the law, We shall not be liable in any event that a Merchant refuses to accept your Kuady Card, or if We do not authorise a transaction, or if We cancel or suspend use of your Kuady Card. Unless otherwise required by law, We shall not be liable for any direct or indirect loss or damage You may suffer as a result of Your total or partial use or inability to use Your Kuady Card, or the use of Your Kuady Card by any third party. We will also not be liable for any losses or expenses incurred by You arising from Our compliance with legal and regulatory requirements.
In the event that You do not use your Kuady Card in accordance with this Agreement or We find that You are using the Kuady Card fraudulently, We reserve the right to charge You with any reasonable costs that We incur in taking action to stop You using Your Kuady Card and to recover any monies owed as a result of Your activities.
It is important to point out that We are not a bank or any kind of financial entity, and do not provide any kind of financial or banking service and only facilitates its services for electronic transfers between natural/physical persons and electronic payments to Merchants and shops that accept Mastercard Acceptance Mark through the Kuady Card.
Funds held by Us or its service providers (including banking service providers) in connection with the processing of transactions You make using Your Kuady Card are not deposit obligations. Funds held in Your Available Balance are an ancillary function of enabling the transmission of funds and not of any other benefit.
6. Disputes with Merchants.
We accept no responsibility for the goods or services you purchase using Your Kuady Card. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once You have used Your Kuady Card to make a purchase, We are unable to stop that transaction. However, where You have used Your Kuady Card to buy goods or services You may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the Merchant’s description. You must notify Us of any dispute within the time period establish under the Local Laws of the jurisdiction where Your Kuady Card was issued, counted from the date of the purchase and the chargeback will only be applied to Your Kuady Account if successfully secured from the Merchant. If You wrongly make a chargeback claim, We will be entitled to charge You any Fees We reasonably incur in pursuing the chargeback claim and We will be entitled to debit Your Kuady Account with the amount of any such Fees.
7. Your Kuady Card in Your Jurisdiction
In certain jurisdictions, there may be additional characteristics and or restrictions applicable to the use of Your Kuady Card. For full details please refer to the Terms and Conditions applicable to Your country of residence in Your Kuady App.
SUSPENSION OR CLOSURE OF YOUR KUADY ACCOUNT
You may close Your Kuady Account at any time. Please contact Our Help Center to learn more. Once You have withdrawn Your Available Balance and Your Kuady Account is closed, We will terminate this Agreement. This is except if You are using other Services via the Kuady App or have any Fees left to pay Us connected to Your Kuady Account, in which case We will keep Your Kuady Account open and this Agreement will continue to apply to You until You have paid Us the remaining Fees, or no longer want the other Services. If You have incurred any other fees, You will still have to pay these. If We find any withdrawals, Fees or charges that take place on Your Kuady Account after receiving Your request to close Your Kuady Account, We reserve the right to take all steps necessary, including legal action, to recover any money owed to Us.
For one year after the date this Agreement ends, You will be able to contact Our Help Center to request Us to send You any money We may still hold for You. We may charge You a redemption fee for this Service. Any Fees that We may charge You can be found on Our Fees and Limits page.
We can suspend (temporarily close) or close Your Kuady Account at any time immediately if:
• You have not given Us (or someone acting on Our behalf) any information, or We have good reason to believe any of the information You have given Us is incorrect or untrue.
• We reasonably suspect Your Kuady Account to have been used or is being used without Your authorisation or fraudulently.
• You have reached Your Kuady Account Limit.
• You have broken Your Agreement with Us.
• You display violent or aggressive behavior towards Our staff (whether verbal or written) or make unreasonable demands of Our staff (whether verbal or written).
• We believe that this is necessary for security reasons.
• Any Applicable Laws or Local Laws, regulation, or court order require Us to do so.
• We have asked You to repay Us money and You have not done so within a reasonable period of time.
• We have good reason to believe that Your use of the Kuady App is harmful to Us or Our software, systems, or hardware.
• We have good reason to believe that You continuing to use Your Kuady Account could damage Our reputation or goodwill.
• We have good reason to believe that You have used, or intend to use, Your Kuady Account or Kuady Card in a very careless manner or for fraudulent or other unlawful purposes.
• We can not process any transactions because of the actions of third parties.
We shall notify You either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless We are prohibited by law to notify You.
We can close Your Kuady Account in case of inactivity (“Inactive Account Closure”)
• We may close Your Kuady Account (and stop providing any Services or benefits linked to Your Account) if there is no balance on Your Kuady Account and it has been inactive for a period of time. We reserve the right to determine the period of time but will give You three (3) months’ notice of Our intention to close Your Kuady Account.
• If Your Kuady Account has a credit balance on it, but has been inactive for a period of time, We reserve the right to introduce a charge (please see the Fees and Limits Page) to Your Kuady Account in order for it to remain open. We will give You thirty (30) days’ notice of any such charge. In the event that the Available Balance becomes reduced to zero because of the taking of the inactive account charges, We further reserve the right to close Your Kuady Account.
• If You wish to close Your Account upon receiving such notification, You must advise Us of Your intention and arrange for the current balance to be withdrawn within seven (7) days, failing which We reserve the right to apply a charge to Your Account (but will give seven (7) days’ notice of such charge).
We will let You know either before or immediately after We suspend or close Your Kuady Account and tell You why We have done so unless We are not able to or prevented by Applicable Laws or Local Laws. We may also advise anyone involved in a related transaction that We have suspended or closed Your Kuady Account.
If We close Your Kuady Account, We will return any Available Balance to You within a reasonable period of time, if is legally and/or practically possible for Us to do so. If We close Your Kuady Account, You will still have to pay any Fees or charges that You have incurred before it is closed. If We find any withdrawals, Fees or charges that take place in Your Kuady Account whilst We are in the process of closing it, You will need to refund Us immediately. If You do not, We reserve the right to take all steps necessary, including legal action, to recover any money owed to Us.
OUR RIGHT TO CHANGE THIS AGREEMENT
We may change the terms of this Agreement:
• To reflect applicable legal or regulatory requirements.
• To reflect changes in the cost of running Our business.
• Because We are changing or introducing new Services or products that affect Our existing Services or products covered by this Agreement.
• If We think it will make them easier to understand or be more helpful to You.
• To explain the way Our business is run (for example, if the change is needed because of a change in the way any financial system or technology is provided).
We may change the terms of this Agreement, including any Fees and Kuady Account Limits, by giving You at least twenty (20) days notice by e-mail (You are responsible for making sure We have an up-to-date e-mail address). The length of notice period will depend on the type of changes We are making. We will also add the most recent version of this Agreement to the Kuady App.
If You do not agree with any changes We plan to make to the terms of this Agreement, including any Fees and Kuady Account Limits, You can tell Us within the relevant notice period before We make the change that You would like to close Your Kuady Account and end this Agreement. Your Kuady Account will then be terminated without further costs and with immediate effect before the date of the entry into force of the amended Agreement. If You do not respond within the applicable notice period, We will assume You agree with the changes.
We may add a product or Service straight away if it does not change the terms relating to Your Kuady Account, but We will always let You know before You use it.
ENDING THIS AGREEMENT
We can end this Agreement at any time if We give you three (3) months’ notice via email. We will return any Available Balance to You without charge. We can also end this Agreement immediately if:
• You breach the terms of this Agreement.
• We have reason to believe that You have used, or intend to use Your Kuady Account or Kuady Card in a very careless manner or for fraudulent or other unlawful purposes; or
• We can not process Your transactions because of the actions of third parties.
As We provide access to a range of Services, if We are unable to continue providing any of the Services You have chosen, the section of the Agreement that applies to those Services will terminate immediately.
You can end this Agreement for any reason and at any time without any additional charges becoming due by contacting Our Help Center via email or live chat. When this Agreement ends, We will close Your Kuady Account in accordance with the related section.
If this Agreement is ended by You or Us, We will then close Your Kuady Account. If We find there are still Fees or charges on Your Kuady Account after this Agreement is ended, You must refund Us any money that relates to a withdrawal on Your Kuady Account, or any Fees or charges validly applied whether before or after Your Agreement has ended. We will notify You of any outstanding Fees or charges and You will need to refund Us as soon as possible. If You do not repay the amount(s) as soon as We notify You, We may take legal action to recover the money You owe Us.
OTHER LEGAL TERMS
There are other important terms that form part of this Agreement. These explain what Our responsibilities to each other are and the process for changing the terms of this Agreement, so please read this section very carefully.
1. Intellectual property and third-party providers
Ownership of intellectual property. The intellectual property in Our products and Services is either owned by Us or licensed to Us by a third party. For example, the content in the Kuady App and on the Kuady Website, Our logo, trademarks, [Kuady, Skuad (loyalty program), Kuady loyalty, Kuady points, Kuady rewards, Kuady credit, Kuady platform, Kuady money, Kuady pay, Kuady Prepaid, Kuady transfer, Kuady crypto, Kuady cash, Kuady Send, Kuady online, Kuady card, Kuady digital wallet, Kuady wallet, Kuady app, Kuady mobile, Where money meets community. Send, receive, and spend – your way.] and card designs belong to Us. You must not use Our intellectual property or that belonging to a third party as Your own, except to enjoy Our products and services. You also must not reverse-engineer any of Our products, this means You can not reproduce them after a detailed examination of their construction or composition.
Authorised Third Party Providers. Some of the features and content included or made available to You in Your Kuady App are provided by third party providers.
2. Your responsibilities
You are responsible for the use of Your Kuady Account and Your Kuady Card and You must keep them safe. You are responsible for all transactions which are authorised by You or take place because You are acting fraudulently or break this Agreement. You must not:
• Allow another person to access or use Your Kuady Account.
• Allow another person to use Your Kuady Card.
• Write down Your PIN or any security information in a way that allows another person to fraudulently use Your Kuady Account or Kuady Card.
• Make Your PIN or other security information related to Your Kuady Account and Kuady Card available to another person.
• Make Your Kuady App credentials available to another person either directly or indirectly because there is insufficient or suitable security on Your device.
• Enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
• Fail to notify Us without undue delay of any loss of Your password or other security features or other event that could reasonably be expected to have compromised the security of Your Kuady Account after You have gained knowledge of such event.
• Disregard checking the transactions history of Your Kuady Account regularly and frequently and contacting Our Help Center immediately in case You have any questions or concerns.
You will be responsible for all the losses You experience as a result of an unauthorised payment from Your Kuady Account if You:
• Have acted fraudulently.
• Intentionally or carelessly fail to let Us know about Your lost or stolen Kuady Card or keep Your security details or keep Your Kuady Card safe. For example, You share Your PIN with someone else.
• Break any of the terms of this Agreement.
• As a result of Your actions or omissions (We will try to keep the losses to a minimum).
• You will also be responsible for Our reasonable legal costs that arise because of Your actions or omissions.
• If an offline transaction does go through for whatever reason, and is not covered by Your Available Balance, You will be responsible for repaying Us the amount of the transaction that goes over it.
If You owe Us money, We can take the amount You owe Us from any amount that We are due to pay to You. We call this Our right of set-off.
3. You are not responsible.
In some circumstances You may not be responsible for an unauthorised payment taken from Your Kuady Account and for any losses You experience because of an unauthorised payment (a payment You have not consented to), and We will pay the money back into Your Kuady Account if the following apply:
• The loss, theft, fraud, or unauthorised use of Your Kuady Account and or Kuady Card was not detected before the payment was made (unless You have acted fraudulently or acted in an irresponsible manner).
• The payment happened because of someone We are responsible for (for example, one of Our staff or agents).
• The payment was taken after You told Us that someone knew Your security details of Your Kuady Account and or Your Kuady Card was lost or stolen, or We did not give You a way to tell Us about this.
Applicable Laws require Us to make You follow certain security authentication steps when You instructed Us to make the payment and We did not do this.
4. Our responsibilities
We are responsible for unauthorised payments if:
• The loss, theft, fraud, or unauthorised use of Your Kuady Account or Kuady Card was not detected before the payment was made (unless You have acted fraudulently or in an irresponsible manner).
• The payment happened because of someone We are responsible for (for example, one of Our staff or agents).
• The payment was taken after You told Us that someone knew Your security details or Your Kuady Card was lost or stolen, or We did not give You a way to tell Us about this.
We are not responsible:
• For any losses resulting directly or indirectly from any cause beyond Our control, including but not limited to a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators or network providers and failure of data processing systems.
• For any losses as a result of You not being able to access the Kuady App on Your device or by other means or for any compromised security on Your device.
• For any losses where Applicable Laws or Local Laws mean We must break this Agreement.
• For any losses as a result of You breaking this Agreement.
• For and do not in any way guarantee the availability of any third-party services or websites, and any access from the Kuady App will be on an “as is” and “as available” basis. We do not give any warranty or guarantee that any third-party websites are free from viruses.
• For any material or content on any third-party website that You access through the Kuady App.
• Where Your Kuady Card is defective/damaged due to Our fault or third-party fault, Our responsibility is limited to request a replacement of Your Kuady Card or, at Our choice, a refund of Your Available Balance.
• When money is incorrectly taken from Your Available Balance due to Our fault, Our responsibility is limited to returning that amount to You.
• In the unlikely event that money is taken from Your Available Balance, but You did not authorise this deduction in accordance with this Agreement, Our responsibility is as set out in the Notifying Us of unauthorised and incorrect payments and refund of unauthorised payments website sections.
In all other circumstances, Our liability is limited to a refund of the amount of Your loss. The above exclusions and limitations in this section apply to any responsibility or liability of Our affiliates and partners, other suppliers, contractors, agents, or distributors and any of their respective affiliates (if any) to You, which may arise in connection with this Agreement. It also excludes or limits Our liability:
• For death or personal injury resulting from Your negligence or fraud.
• To the extent that such liability cannot be limited or excluded under Applicable Laws.
• Variation of this Agreement.
5. Security and customer due diligence checks.
We are required by law to conduct certain security and customer due diligence checks on You following the Applicable Law to provide any Services to You and allow You to have and maintain a Kuady Account. Sometimes, We might also need to perform checks on other parties involved in a particular transaction (for example, on Your recipient).
DEATH OF A KUADY ACCOUNT OWNER
In the event of Your death, We will liaise with the Executor or Albacea in order to obtain a copy of the appropriate local legal documents and Death Certificate and close Your Kuady Account. Once We are satisfied that all local laws have been complied with, we will follow the instructions of the Executor or Albacea.
HOW WE USE YOUR PERSONAL DATA
It is important You understand how We use Your personal data to provide Your Kuady Account and any associated services under this Agreement. We are what is known as a Data Controller of Your personal data. The Company is registered with the Isle of Man Information Commissioner. Our Privacy Policy gives full details on the personal data that We hold, how We use it and how We keep it safe. To make a payment, We may give Your personal data to any payment Service provider used to complete Your payment instruction. This means that by making a payment instruction, You acknowledge this potential transfer of Your personal data. We will contact You if We need any more information from You, and You can check Our Help Center for information about the payment Service providers We use. We may also transfer Your personal data outside of the Isle of Man so that You can use Your Kuady Account and Kuady Card while travelling. If You give consent for an Authorised Third-Party Provider to access Your Kuady Account, You should know that We have no control over how the provider uses Your personal data, and We are not responsible for any loss of information after an Authorised Third-Party Provider has access to Your personal data.
AVAILABLE LANGUAGES
This Agreement is written and available to Our Customers in English. All Our communications with You relating to this Agreement, Your Kuady Account and Your Kuady Card will be in English or the language You have chosen in Your Kuady App. If this Agreement is translated into another language, the translation is for reference only and the English version is still the official version.
If You break this Agreement or any of the terms contained within it, any delay or failure by Us to enforce any right or remedy We have under this Agreement will not prevent Us from enforcing those rights or remedies (or any other rights We may have) later.
This Agreement is personal to You, and You can not transfer any right or obligations under it to anyone else. You will remain responsible until Your Kuady Account is closed, the Kuady Card registered in Your name is cancelled, and all money You owe under this Agreement has been paid to Us in full.
Only You and We have any rights under this Agreement, which means that no third party who is not a party to this Agreement has a right to enforce any part of it.
We may transfer Our rights and benefits under this Agreement at any time without prior written notice to You. We may subcontract any of Our responsibilities under this Agreement to the extent permitted by Applicable Laws.
SEVERABILITY
If it is decided that any part of this Agreement is unenforceable or illegal, this does not affect the remaining parts which will continue in full force and effect.
CONTACTING US
If You have a question about Your Kuady Account or any of the Services provided under this Agreement, You can contact Our Help Center through the Kuady App or Our Website. Lost, damaged or stolen Kuady Card can be reported to Our Help Center.
MAKING A COMPLAINT
If You are not happy with Our Services, You may contact Our Help Center through the Kuady App or Website.
We will acknowledge Your complaint, by email, within two (2) Business Daysproviding You with a copy of Our complaint’s procedure. Your complaint will be dealt with in an appropriate timeframe and at the latest within seven (7) Business Days after We have received it. If We can not resolve Your complaint within this time because of reasons beyond Our control, We will email You explaining the reasons for the delay and when We believe We will reasonably be able to provide a full response. When We resolve Your complaint, We will send You a full response in an appropriate timeframe.
Should We fail to resolve Your complaint You make take this further by containing the Isle of Man Financial Services Ombudsman Scheme at:
Financial Services Ombudsman Scheme for the Isle of Man
Thie Slieau Whallian
Foxdale Road
St John’s
Isle of Man
IM4 3AS
Telephone: +44 1624 686500
Email: ombudsman@iomoft.gov.im
GOVERNING LAW
This Agreement is governed by the laws of the Isle of Man. Any dispute between You and Us in connection with the Services and/or this Agreement shall be brought exclusively in the Courts of the Isle of Man.