INTRODUCTION
These terms and conditions (the “Terms and Conditions”) of Collect&Pay Ltd. (hereinafter referred to “C&P”, “we”, “our”, or “us”) are applicable to and are available on our website collectnpay.com (“Our Website”) and our Platform platform.collectnpay.com (the ‘Platform’). They define most of your obligations to us and our responsibilities to you, how and when our agreement with you can be terminated and the extent of our liability to you.
WHEN YOU OPEN AN ACCOUNT ON OUR WEBSITE/PLATFORM AND USING ANY OF OUR SERVICES PROVIDED IN THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT, AND IT IS IMPORTANT THAT YOU TAKE THE TIME OF THEIR CAREFULLY READING.
AFTER YOU ARE ACQUAINTED WITH THESE TERMS AND CONDITIONS BEFORE OPEN AN ACCOUNT, YOU NEED TO ACCEPT THE TERMS OF SERVICES THAT ARE AVAILABLE ON OUR PLATFORM.
1. OVERVIEW
These Terms and Conditions govern our provision of payment services consisting of the execution of payment transactions ordered by you through our Platform. These conditions apply to your use of our Platform, where you instruct us to execute, and we agree to perform for you any of our services for making payment transactions on the Internet, including all content, functionality and services offered through it.
Our obligations under these Terms and Conditions are determined by our acceptance of you as a user, which is at our sole discretion, and we reserve the right to refuse to provide you our Services without indicating a reason. You must immediately provide us with all the information and documentation that we can request from you at any time so that we can comply with any legal requirements for us related to Our Services, including in accordance with the requirements of the relevant law against money laundering and financing terrorism, and you agree that we will contact you for these purposes.
2. DEFINITIONS
The following terms used in these Terms and Conditions have the meaning and scope indicated below:
3. FORMATION OF CONTRACT
Each payment transaction that we carry out for you is a separate contract that includes these Terms and Conditions, General Terms of Services.
4. CHANGES
We may amend these Terms and Conditions from time to time, for example, to comply with changes in the relevant legislation or regulatory requirements or in connection with changes in market conditions.
If we amend these Terms and Conditions, we will do this by posting a revised version of these Terms and Conditions on our website. The date that the new Terms are posted in our website will consider the effective date of any changes (“Effective Date”). If you want to receive a written copy of these Terms and Conditions by mail, we will send it to you upon request at the mailing address that we have for you.
Any amendments to these Terms and Conditions usually apply only to Payment orders entered after the Effective Date, but also apply to Payment orders entered before the Effective Date if we are required to do so in accordance with the relevant legislation or regulatory requirements. In any case, and for the avoidance of doubt, an updated version of these Terms and Conditions supersedes the previous version.
We do not guarantee that our website or any of its contents will always be available or will be uninterrupted. We may suspend or withdraw or restrict the availability of our entire website or any part thereof for business and operational reasons. We will try to notify you reasonably (for example, by posting on our website) of any planned suspension or withdrawal.
5. ACCESS TO OUR WEBSITE AND/OR PLATFORM
By using our website to further open an account in our Platform, you represent and warrant that you are at least 18 years old and have reached the age of maturity in order to enter into a legally binding contract with us, and you are not located in/under the control of, or a national or resident of any Restricted Locations, which the list can be found on the official specialised websites of the relevant sanctions enforcement agencies. If we become aware in a reliable way that the user is under 18 years old, and/or had information about the user in any Restricted Locations we will cancel the user account in our Platform and delete all information related to such a user from our system and records.
After accepting you as a user and filling out the registration form for a new client, we will provide you with access codes to our Website and/or Platform, consisting of a username and password, which you can change by following the instructions on our Website ("Access Codes"). You will be able to access the Services through our Website and/or Platform by correctly entering your Access Codes, but under no other circumstances. Your Access Codes are strictly confidential, personal and non-transferable. You are responsible for ensuring that access to Our Website and/or Platform is only yours, and that your Access Codes and any other security functions associated with your access to Our Website and/or Platform remain safe and secure. In accordance with the Rules, you are liable for damage caused to us as a result of unauthorized use of such Access Codes by third parties. If you become aware or suspect that your Access Codes are no longer confidential or have been compromised in any way, you should contact us immediately. Any unreasonable delay in contacting us may affect the security of our Services and / or lead to the fact that you are responsible for any losses incurred as a result of this. You agree to ensure that you leave our Website and/or Platform at the end of each session. You should be especially careful when using your Access Codes to access our Website and/or Platform from a public or shared computer so that others cannot view or record your Access Codes. We reserve the right to disable any username and / or password, regardless of whether you have chosen or provided us, at our sole discretion, for any reason or for no reason, including if, in our opinion, you have not completed one of the provisions of these Terms.
6. REQUIRED HARDWARE AND SOFTWARE
You must provide and / or receive any equipment or telecommunication lines, including a computer or device, as well as an operating system and printer for printing and storing records on paper, in electronic storage or on other durable media that you may need to use our Services. You acknowledge that certain software and equipment used by you may not be able to support certain functions of Our Services. You must print and keep a copy of all notices, disclosures and statements that we send you electronically.
By "current version" we mean a version of software that is supported and compatible with our Website and/or Platform at any given time.
We reserve the right to discontinue support for the current version of the software if, in our opinion, it suffers from a lack of security or another defect that makes it unsuitable for use with Our Services.
We reserve the right, at our sole discretion, to communicate with you by mail.
We are not responsible for the content, policies, products or services of any other persons or websites associated with our website and/or platform or accessible through our website and/or platform. The presence of any link to any other site does not imply endorsement or association with any such site or any person managing any such site. Any dependence on the content, policies or services of any other persons or websites is at your own risk. Any inquiries, concerns or complaints regarding such websites should be directed to those responsible for their work.
You can bookmark our website and/or platform or add it to your favourites, but you should not create a link to any part of our website and/or platform or in any way offer any form of association, approval or support on our part, if there is none.
7. ISSUE OF PAYMENT ORDERS THROUGH OUR PLATFORM
In accordance with these Terms and Conditions, you will be able to use our Services by logging into our Platform and providing us with your Payment Orders, which are available for Payment Transactions in a wide selection of countries of destination and in a wide selection of currencies, as is occasionally installed on our Website and/or Platform.
Payment orders must contain such information that we determine from time to time necessary to provide you with Our Services, including the following information:
We accept only a Payment order, which is transmitted to us through our Platform. Your order to execute a Payment operation will be regarded by us as your consent and our permission to perform this Payment operation.
Before we execute any Payment order, you must make sure that we have received the amount of funds that we say is necessary for the Payment transaction to take place using cleared funds immediately available to us through payment made or by debit, either by credit card. Please note that we do not provide a loan and cannot advance any amount to cover any amount of a Payment transaction.
We accept the payment method indicated below for performing Payment transactions in accordance with Payment orders (initiated by you through Our Platform):
You are responsible for ensuring that the payment method you specify has sufficient cash or credit in order to ensure that we receive timely funds necessary for the Payment transaction.
You acknowledge and agree that all payment transactions authorized by you are subject to all applicable Kazakhstan and foreign laws and regulations.
The issuer of your card and / or your bank or credit institution will also have the conditions applicable to the use of your card or bank account, and you must refer to such an agreement (agreements) when providing the funds necessary for conducting a Payment transaction, such conditions which may include the application of fees and duties, as well as other conditions imposed by the issuer of your card and / or your bank or credit institution.
8. CURRENCY EXCHANGE
If you ask us to execute a Payment order for making a Payment operation in favour of the Recipient in a currency other than the Currency held in your account, then we will apply the currency exchange rate in addition to any service fee and tell you what the currency exchange rate is.
More detailed information on the price calculator (indicating the available currencies and countries, as well as currency exchange rates), places of payments, as well as commission and exchange rates for clients can be found on our Site.
9. PAYMENT TRANSACTION EXECUTION
If we receive a Payment Order by 4:30 pm (GMT+6) on a Business Day, the Payment Order will be deemed to have been received by us on that Business Day. If a Payment Order is received by us after 3:30 pm (GMT+6) on a Business Day or on a day that is not a Business Day, the Payment Order will be deemed to have been received on the next Business Day.
Once a Payment Order is received by us it shall be irrevocable.
If we proceed to execute a Payment Order based on incorrect details received by us from you then we will not be liable for any losses incurred, although we will attempt to assist in the recovery of the payment amount and we reserve the right to charge you a fee to cover our reasonable costs for doing this.
We may, in our sole discretion, refuse to proceed with a Payment Transaction. Examples of when we may refuse to proceed with a Payment Transaction are set out in clause 14 and also include:
We reserve the right not to accept or allow payments from or to, either directly or indirectly, certain countries which we have determined, acting in our sole discretion, are high risk to our business or involve a higher level of complexity for us in carrying out our anti-money laundering or anti-terrorist financing legislation transaction monitoring process.
We further reserve the right to request additional information from you, including information on the Recipient, where payments are to be made to certain countries acting in our sole discretion.
If we refuse to proceed with the execution of a Payment Order in accordance with these Terms and Conditions, we will following receipt of the Payment Order tell you and where it is possible and lawful for us to do this we will tell you the reasons for this and how to rectify the situation in the case of incorrect information you have provided to us or failed to provide to us.
Once a Payment Order has been accepted by us in accordance with these Terms and Conditions then we shall provide you with the following information, without any undue delay, in electronic format:
10. UNAUTHORISED PAYMENT TRANSACTIONS
We may be liable to you where we perform a Payment Transaction for you that you did not authorise us to perform.
Where you believe we may have performed a Payment Transaction you did not authorise us to perform, you should let us know as soon as possible via the contact details set out at clause 24 below. We will then investigate the matter.
Subject to the paragraphs below, where we have performed such a Payment Transaction, we will immediately refund to you in full the amount of that Payment Transaction.
You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.
11. NON-EXECUTION OR FAULTY EXECUTION OF PAYMENT TRANSACTIONS
We may be liable to you where we fail to perform or incorrectly perform any Payment Transaction that you authorised us to perform.
Where you believe we may have failed to perform or incorrectly performed such a Payment Transaction, you should let us know as soon as possible and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation.
Subject to the paragraphs below, where we have failed to perform or incorrectly performed such a Payment Transaction, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Payment Transaction as originally instructed.
You will not be entitled to the remedy mentioned above:
We will have no liability to you for failure to perform or incorrect performance of a Payment Transaction where the reason for this was our refusal to proceed with that Payment Transaction or any part of it.
12. FEES
Registration on Our Platform and subsequent use of Our Services will incur the fees from time to time set out on Our Platform which will be charged to the debit or credit card you identify as the payment method for your Payment Transaction together with costs as provided for in these Terms and Conditions.
Before execution of a Payment Order we shall provide information to you regarding the fees and costs and any applicable exchange rates by means of a communication provided through Our Website and/or Platform.
In addition to any fees charged by us a Payment Transaction may be subject to other fees and costs and exchange rates payable to other parties, for example banks and other payment institutions involved in the Payment Transaction, as well as deductions that may apply (for example for tax reasons) as required by the authorities of the destination country of the Payment Transaction. The amount that we deduct will be no more than the amount of our legal liability.
If you use your mobile phone in connection with a Payment Transaction you are also responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
13. SET OFF
You agree that we may set off any amount you owe us against any sums owed by us to you.
14. PAYMENT TRANSACTION RESTRICTIONS
We reserve the right, at our sole discretion, to: (i) refuse to process a Payment Transaction; (ii) limit the amount of a Payment Transaction; (iii) require additional information to complete a Payment Transaction; and/or (iv) take reasonable measures with respect to a Payment Transaction where in our opinion this is necessary to comply with applicable laws and regulations including where we have concerns about the identity of persons involved in the Payment Transaction.
You agree not to use Our Services on behalf of any third party.
Our Services are subject to such transactional restrictions as we may from time to time in our sole discretion impose including as to the maximum amount of Payment Transactions and destination countries and available currencies.
15. TERMINATION
We may terminate these Terms and Conditions and/or suspend Our Services to you immediately:
The provisions of this clause 15 (Termination) and clauses 17 (Changes beyond our Control), 20 (Personal Data Protection), 25 (Applicable Law and Jurisdiction), 21 (Limitation of Liability) 26 (Third Party Rights) and 30 (Entire Agreement) shall survive the termination or expiry of these Terms and Conditions for any reason.
16. ACCEPTABLE PURPOSE
We reserve the right, in our sole discretion, to impose ‘acceptable purpose’ terms in relation to the provision of Our Services including the prohibition of certain categories of Payment Orders.
We will report any suspicious activity to the relevant state authorities.
If any Payment Transaction is conducted or attempted to be conducted in breach of the acceptable purpose prohibitions applicable from time to time we reserve the right to reverse the Payment Transaction, and/or close or suspend your use of Our Services and / or report the transaction to the relevant law enforcement agency and/or claim damages from you.
17. CHANGES BEYOND OUR CONTROL
We are not liable to you if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, labour dispute, act of God, fire, flood or storm, war, riot, civil commotion, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, compliance with any statute, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorises us to perform Our Services, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform Our Services. If any of these circumstances occur then these Terms and Conditions shall be suspended for the period during which they continue or, at our discretion and in order to protect both you and us, we may terminate these Terms and Conditions.
18. NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS
Scope of your consent to receive electronic notifications and communications. As part of your relationship with us, you may receive electronic notifications and communications in writing related to Our Services. In the light of our commitment to protecting the environment and to facilitate the use of Our Services, please be informed that such electronic notifications and communications will be carried out in electronic form. To this end, and to the extent permitted by applicable law at any given time, you agree to receive in electronic format all information that we would otherwise be required to provide to you in paper form, including, but not limited to: email confirmation of pick-up of a Payment Transaction, these Terms and Conditions, any updates or changes in these Terms and Conditions, and other informational mailings regarding the same.
Keeping your e-mail and any electronic address current with us. You must keep your e-mail address and any other electronic address current in our system. In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your e-mail or other electronic address. You may update the email address we have on record for you through Our Website and/or Platform.
19. INTELLECTUAL PROPERTY
Our Website and/or Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by us and / or our / their licensors or other providers of such material. They are protected by the laws of Kazakhstan, and international laws governing copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.
You must not copy, modify, create derivative works of, publicly show, publicly display, republish, download, store or transmit any of the material on our Website and/or Platform, except to: (a) save copies of such materials temporarily in “Random Access Memory”; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of Our Website and/or Platform for a permitted use.
You must not: (a) modify copies of any materials from Our Website and/or Platform; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website and/or Platform. You must not use any images, graphics, video or audio separately from any accompanying text.
You must not reproduce, sell or exploit for any commercial purposes any part of Our Website and/or Platform, access to Our Website and/or Platform or use of Our Website and/or Platform or any services or materials available through Our Website and/or Platform.
If you print, copy, modify, download or otherwise use any part of Our Website and/or Platform in breach of the Terms and Conditions, your right to use Our Website and/or Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in Our Website and/or Platform or any content on the Website and/or Platform is transferred to you, and we and our licensors reserve all rights not expressly granted. Any use of Our Website and/or Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
20. PERSONAL DATA PROTECTION
Our Privacy Policy (available by clicking on the “Privacy Policy” link on Our Website and/or Platform sets out the terms on which we process any personal data we collect from you, or that you otherwise provide or have provided to us. By using Our Website and/or Platform, you consent to such processing, and you represent and warrant that all data provided by you is accurate.
21. LIMITATION OF LIABILITY
Our total liability to you in connection with a Payment Transaction is limited to the full amount of the Payment Transaction together with any charges for which you may be responsible and any interest which you may be required to pay as a consequence of any non-performance or incorrect performance by us of the Payment Transaction.
We will not be liable to you where this is due to abnormal and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all efforts by us to the contrary or where this is due to other obligations imposed on us under other provisions of national law or international law.
We will accept all liability if something we do causes death or injury caused by our negligence or the negligence of our employees or agent. We will also accept all liability for fraudulent misrepresentation and any other liability that cannot be excluded by law.
22. RESPONSIBILITY FOR LOSSES
You shall be responsible for any losses, expenses or other costs incurred by us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) which result from your breach of these Terms and Conditions or your use of Our Website and/or Platform, including, without limitation, any use of Our Website and/or Platform content or Our Services other than as expressly authorised in these Terms and Conditions or your use of any information obtained from Our Website and/or Platform, or your negligence, fraud or wilful misconduct.
23. DISCLAIMER OF WARRANTIES
You must not misuse Our Website and/or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website and/or Platform, the server on which Our Website and/or Platform is stored, or any server, computer or database connected to Our Website and/or Platform. You must not attack Our Website and/or Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website and/or Platform will cease immediately.
Your use of Our Website and/or Platform, its content and Our Services obtained through Our Website and/or Platform is at your own risk. Insofar as is permitted in law: (a) Our Website and/or Platform, its content and Our Services obtained through Our Website and/or Platform are provided on an "as is" and "as available" basis, without any representations, warranties or guarantees of any kind, either expressed or implied; and (b) neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, timeliness or availability of Our Website and/or Platform. Without prejudice to the foregoing, except to the extent required by law, neither we nor anyone associated with us represents or warrants that Our Website and/or Platform, it’s content or any services or items obtained through Our Website and/or Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that Our Website and/or Platform or the server(s) that makes it available are free of viruses or other harmful components or that Our Website and/or Platform or any services or items obtained through Our Website and/or Platform will otherwise meet your needs or expectations. By means of this clause 23, we hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
24. CUSTOMER SERVICE
We value all our customers and take our obligations seriously. You may contact our customer services team in relation to Our Services, by email to contact @collectnpay.com, or by post to Collect&Pay Ltd., office 125, Block C4.2, 55/21 Mangilik El ave., Astana, Kazakhstan.
We have established internal procedures for investigating any complaint that may be made against us. In accordance with our complaints procedure, any complaint you may make must be submitted by e-mail at [email protected] and confirmed to us in writing to Collect&Pay Ltd., office 125, Block C4.2, 55/21 Mangilik El ave., Astana, Kazakhstan.
If you are still dissatisfied following our response to any complaint and if it is impossible to settle the dispute through negotiations, the dispute shall be subject to the exclusive jurisdiction of the AIFC Court.
25. APPLICABLE LAW AND JURISDICTION
Please note that these Terms and Conditions, its subject matter and its formation, are governed by the Acting Law of the AIFC. You and we both agree that the AIFC Court will have an exclusive jurisdiction.
26. THIRD PARTY RIGHTS
Only you and we have any rights, obligations or privileges under these Terms and Conditions and no-one other than you or we can enforce any of the terms or take any action under these Terms and Conditions.
27. SEVERABILITY
If any court of competent jurisdiction finds that any part of these Terms and Conditions is invalid, unlawful or unenforceable for any reason those parts (to the extent possible) shall be deleted from these Terms and Conditions and the remaining parts (to the extent possible) shall remain in force and continue to be binding on you and us.
28. NO WAIVER
No failure to enforce or delay in enforcing any right or remedy available to you or us under these Terms and Conditions (including as provided for in these Terms and Conditions or otherwise available under the Acting Law of the AIFC) will mean that you or we cannot exercise any such right or remedy at a later date.
29. ASSIGNMENT
You may not assign, transfer, charge or dispose of these Terms and Conditions or any of your obligations, rights or privileges under these Terms and Conditions to any other person at any time without our prior consent in writing.
We may assign, transfer, charge or dispose of these Terms and Conditions in whole or in part or any of our obligations, rights or privileges to any other person at any time, but we will take appropriate steps to try to ensure that doing so will not harm any of your rights under these Terms and Conditions.
30. ENTIRE AGREEMENT
We intend to rely on these Terms and Conditions. Neither we nor you may alter these Terms and Conditions without the agreement of the other (other than as provided for in clause 4 above). This clause 30 does not exclude any liability for fraud, or prevent any claim for fraud or fraudulent misrepresentation nor exclude any liability for any matter which cannot be excluded under applicable law.
31. TRADEMARKS
The name Collect&Pay and all related names, logos, names of products and services, designs and related slogans are registered trademarks belonging to us or our affiliates or other license holders (as the case may be). You may not use these trademarks, names, logos or slogans or without our prior written consent. All other names, trademarks and signs shall be used exclusively for identification purposes, and they are registered trademarks of their respective owners.