Terms & Conditions
Use of the KiePay Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the KiePay website located at KiePay.com, and all associated sites linked to KiePay.com, or the KiePay mobile application or any similar platform (hereinafter collectively, the KiePay Platform run by Takeeasy Shop S.L., having its registered office at Carrer de Sugranyes 1 Ent 4 (hereinafter collectively, Takeeasy Shop S.L.or KiePay) on any device and/or before availing any services offered by KiePay on the KiePay Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by KiePayon the KiePay Platform (hereinafter individually, and collectively, the KiePay Services ). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all KiePay Services, whether offered by Takeeasy Shop S.L.or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the KiePay Platform for any general purpose or for the specific purpose of availing any KiePay Services, You agree to be bound by the) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each KiePay Services (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the Application or any additional or modified service-specific terms and conditions in relation to any KiePay Services or any future service that may be offered by KiePay on the KiePay Platform. By registering on, accessing, browsing, downloading or using (as applicable) the KiePay Platform or availing any KiePay Services .You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the KiePay Platform and immediately terminate your availing the KiePay Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 15 years of age and an individual user of the KiePay Platform or a customer or beneficiary of the KiePay Services, and KiePay. All services are rendered by KiePay through the KiePay Platform under the brand name KiePay (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, KiePay, regarding Your use of KiePay’s digital ,the closed wallet service, the marketplace service or any such other services which may be added on the KiePay Platform and which will henceforth be a KiePay Services, from time to time. The KiePay Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, KiePay grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the KiePay Platform and/or avail the KiePay Services.
Eligibility
The KiePay Services are not available to persons under the age of 15 or to anyone previously suspended or removed by KiePay from availing the KiePay Services or accessing the KiePay Platform. By accepting the T&Cs or by otherwise using the KiePay Services on the KiePay Platform, You represent that You are at least 15 years of age and have not been previously suspended or removed by KiePay, or disqualified for any other reason, from availing the KiePay Services or using the KiePay Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, KiePay reserves the right to suspend or permanently prevent You from availing KiePay Services or using the KiePay Platform.
Other Conditions
Additional terms and conditions may apply in order for You to avail specific KiePay Services and to specific portions or features of the KiePay Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the KiePay Platform or for any KiePay Services offered on or through the KiePay Platform, the latter terms shall control with respect to Your use of that portion of the KiePay Platform or the specific KiePay Services. KiePay may make changes to any KiePay Services offered on the KiePay Platform, or to the applicable terms for any such KiePay Services, at any time, without notice. The materials on the KiePay Platform with respect to the KiePay Services may be out of date, and KiePay makes no commitment to update the materials on the KiePay Platform with respect to such KiePay Services . The following terms also govern and apply to Your use of the KiePay Platform, and they are incorporated herein by this reference: https://KiePay.com/privacy-policy
Communication Policy
By accepting the T&Cs, You accept the following:
KiePay may send alerts to the mobile phone number provided by You while registering with the KiePay Platform for the SSOID service or on any updated mobile number subsequently provided by You on the KiePay Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in OFF mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages. KiePay will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from KiePay as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the KiePay Platform or availing any KiePay Services . KiePay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold KiePay liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever. The SMS/e-mail alert/push notification service provided by KiePay is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, KiePay shall be immediately informed about the same by You and KiePay will make best possible efforts to rectify the error as early as possible. You shall not hold KiePay liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. KiePay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. You will indemnify and hold harmless KiePay and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which KiePay or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misused by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You.
Use of KiePay Application
You understand that except for information, products or services clearly indicated as being supplied by KiePay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that KiePay cannot and does not guarantee or warrant that files available for download through the KiePay Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
Prohibited Conduct
a.) Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the KiePay Services, perform any other similar fraudulent activity or otherwise avail KiePay Services with what we reasonably believe to be potentially fraudulent funds.
b.) Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
c.) Use the KiePay Services if You are under the age of 18 years without a parental sponsor or, in any event, use the KiePay Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person ,post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature, refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to KiePay remove, circumvent, disable, damage or otherwise interfere with security-related features of the KiePay Services and the KiePay Platform or features that enforce limitations on the use of the KiePay Services or the KiePay Platform reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards KiePay Services or KiePay Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law.
d.) Use the KiePay Services or the KiePay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the KiePay Services or the KiePay Platform in an automated manner.
e.) Modify, adapt, translate or create derivative works based upon the KiePay Services and the KiePay Platform or any part thereof, except and only to the extent that that this is permissible by applicable law.
f.) Intentionally interfere with or damage operation of the KiePay Services or the KiePay Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
g.) Use any robot, spider, other automatic device, or manual process to monitor or copy the KiePay Platform without prior written permission.
h.) Interfere or disrupt the KiePay Platform or networks connected to the KiePay Platform.
i.) Take any action that imposes an unreasonably or disproportionately large load on KiePay’s infrastructure/network.
j.) Use any device, software or routine to bypass the KiePay Platform’s robot exclusion headers, or interfere or attempt to interfere, with the KiePay Services.
k.) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the KiePay Platform or to manipulate Your presence on the KiePay Platform.
l.) Sell the KiePay Services, information, or software associated with or derived from it.
m.) Use the facilities and capabilities of the KiePay Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
n.) Breach this Agreement, the contract Agreement or any other agreement or policy as may be applicable pursuant to the T&C.
o.) Provide false, inaccurate or misleading information.
p.) Use the KiePay Platform to collect or obtain personal information, including without limitation, financial information, about other users of the KiePay Platform, except and only as expressly provided in the T&C.
q.) Avail KiePay Services with what KiePay reasonably believes to be potentially fraudulent funds.
r.) Use the KiePay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to KiePay, a third party or You.
s.) Use the KiePay Services in a manner that KiePay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
t.) Take any action that may cause KiePay to lose any of the KiePay Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers.
u.) Send automated request of any kind to the KiePay Platform from the 3rd party application.
Use of KiePay Application
Termination: Agreement Violations:
You agree that KiePay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the KiePay Services / KiePay Platform and remove and discard on the KiePay Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. KiePay may also in its sole discretion and at any time discontinue providing access to the KiePay Services, or any part thereof, with or without notice. You agree that any termination of Your access to the KiePay Services / KiePay Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that KiePay will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies KiePay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the KiePay Services /KiePay Platform.
Limitation of Liability and Damages:
In no event, KiePay or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the KiePay Services, the KiePay Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the KiePay Services, the KiePay Platform (including any and all materials) or any reference sites/app/platform/service, even if KiePay or a KiePay authorized representative has been advised of the possibility of such damages. In no event, KiePay, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the KiePay Services, the KiePay Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the KiePay Services, the KiePay Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with KiePay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the KiePay Services or the KiePay Platform giving rise to the cause of action, or beyond or in excess 500€, whichever is less. You acknowledge and agree that KiePay has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and KiePay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and KiePay. KiePay would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, KiePay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification:
You agree to indemnify, save, and hold KiePay, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the KiePay Services or of the KiePay Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. KiePay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify KiePay, including rights to settle, and You agree to cooperate with KiePay’s defense and settlement of these claims. KiePay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer - No Warranties:
To the fullest extent permissible pursuant to applicable law, KiePay and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from KiePay or through the KiePay Services or the KiePay Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “KiePay” includes KiePay’s officers, directors, and employees.You expressly agree that use of the KiePay Services on the KiePay Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. KiePay does not warrant that the KiePay Services will be uninterrupted or error-free or that defects in the site will be corrected. The KiePay Services and the KiePay Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. KiePay, and its partners do not warrant that the data, KiePay software, functions, or any other information offered on or through the KiePay Services / KiePay Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. KiePay and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the KiePay Services / KiePay Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the KiePay Services / KiePay Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will KiePay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the KiePay Platform.
Ownership - Proprietary Rights:
The KiePay Services and the KiePay Platform are owned and operated by Takeeasy Shop S.L. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the KiePay Services and the KiePay Platform provided by KiePay(hereafter Materials) are protected by Spanish Government, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and KiePay, all Materials, trademarks, service marks, and trade names contained on the KiePay Platform are the property of Takeeasy Shop S.L. You agree not to remove, obscure, or alter KiePay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the KiePay Services /KiePay Platform. Except as expressly authorized by KiePay, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. KiePay reserves all rights not expressly granted in this Agreement. If You have comments regarding the KiePay Services and/or the KiePay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to KiePay, and shall assign to KiePay, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement:
KiePay reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the KiePay Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the KiePay Platform, availing the KiePay Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the KiePay Services /KiePay Platform. For certain changes, KiePay may be required under applicable law to give You advance notice, and KiePay will comply with such requirements. Your continued use of the KiePay Platform following the posting of changes will mean that You accept and agree to the changes.
Notice:
KiePay may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the KiePay Platform or by any other reasonable means. Except as otherwise set forth herein, notice to KiePay must be sent by courier or registered mail to Takeeasy Shop S.L., Carrer de Sugranyes 1 Ent 4, Barcelona, Spain 08028.
Dispute Resolution:
If any dispute, controversy or claim arises under this Agreement or in relation to any KiePay Services or the KiePay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably within 30 Days. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Barcelona and the language of this arbitration shall be English, Spanish. Either You or KiePay may seek any interim or preliminary relief from a court of competent jurisdiction in Madrid necessary to protect the rights or the property belonging to You or KiePay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor KiePay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and KiePay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes:
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against KiePay must be resolved by a court having jurisdiction in Spanish Court of Arbitration of the Chamber of Commerce, Madrid. You agree to submit to the personal jurisdiction of the courts located within Madrid, Spain, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by European Law. This paragraph shall survive termination of this Agreement.
Severability:
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
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Entire Agreement:
This Agreement is the entire agreement between You and KiePay relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by KiePay in accordance with the terms of this Agreement