This Section contains the following:
Terms & Conditions
This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website www.kwikpay.co.uk ("our website") and our IoS and Android app to you.
Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content please contact our Support Team before placing an order. Print the Terms (using the PDF option) and keep a copy of them for your reference.
Kwikpay - means www.Kwikpay.co.uk, the mobile web site , IOS and Android apps available for download on the respective platforms and operated by Kwikpay.
Contract - Means any purchase of items from the Kwikpay web site or the mobile apps.
All purchases made by third parties (hereinafter "the purchaser") from Kwikpay are governed by the general terms and conditions of sale set out below (hereinafter "The conditions").
By placing an order with Kwikpay the purchaser accepts these conditions of sale.
If one or several of the clauses of these general conditions is amended or cancelled, this does not affect the other provisions, which remain valid.
About the use of Kwikpay web site or apps :
Accessing our web or the Kwikpay apps site means that you automatically agree to our Terms and Conditions. If you do not agree with the same please do not use our web site for any purchase.
Our website&apps is provided to you for your personal use only.
If you choose to access this website from outside the UK you are responsible for compliance with local laws and to the extent local laws are applicable.
By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.
We make no warranty that the website or the apps will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that make it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website and the apps.
We may provide links to other websites such as facebook, twitter, google + or other such web sites, If you follow these links you acknowledge and agree that we are not responsible for the availability or content or privacy practices of such external sites.
Our employees and agents are not authorized to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.
The prices listed for the products and services offered are in Pound Sterling, including VAT where applicable.
Kwikpay can cancel a sale at any time if the product ordered is (temporarily) unavailable, unless the purchaser accepts delivery of a product of comparable price and quality.
Payment, suspension and settlement
Delivery is made only against the advance payment. Payment is made by the purchaser by the method indicated in the order.
Kwikpay is under no obligation whatsoever if the purchaser does not pay the price of the order.
In all top-up purchases, customers must provide the correct phone number and email address.
NB: Kwikpay will not reimburse the customer if the latter gives the wrong number. Please refer to our refund policy for any clarifications on refunds.
Where ever Kwikpay is acting as an agent of the end operator the ownership is transferred directly from the operator to the customer only on payment of the services on the Kwikpay platform.
Ownership of the products and services provided by Kwikpay is transferred to the customer only on payment to Kwikpay of the price owed.
The risk relating to the product is transferred to the purchaser on the physical delivery of the product, even if the entire sum the purchaser owes kwikpay has not been paid.
The purchaser cannot transfer, lease or exchange the product in any way whatsoever until he or she has assumed ownership of the same, without express written authorisation from Kwikpay or in any way contrary to the supplier's and /or service provider's terms and conditions of use.
The purchaser must confirm that the product is the one ordered on delivery. If this is not the case, the purchaser must immediately (at least after a reasonable time necessary to examine it), inform Kwikpay by email. After this reasonable time, the purchaser will no longer be entitled to change the product. Any product or service used, even partially, cannot be returned or reimbursed.
The guarantees given by Kwikpay are always and only those of the manufacturer or service provider.
In the event of a claim, the consumer must first contact kwikpay by email or any other form of written communication, setting out the reasons for the claim will deal with claims within 30 days of receipt. To do this, kwikpay may request more information on the consumer (e.g. copy of identity card, copy of credit card). If kwikpay cannot deal with the claim within 30 days of receiving it, a letter will be sent to the consumer informing him / her of this.
Protection of privacy
kwikpay processes all data provided to it according to applicable law, in particular the law on the protection of identity and may, in accordance with this law, use personal details on purchasers in automated processing operations.
The details provided to kwikpay by purchasers are used strictly for the purposes of the order and kwikpay business management as explained to the consumer. Details may be provided to third parties if this is necessary for the purposes of the order.
The website's and the ios& android apps content ( including text, design, layout, images and videos ) are protected by the copyright and are the property or Kwikpay , any use other than for your own personal non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.
Liability and damages
For all purchases, the customer must give the correct phone number. NB: kwikpay cannot refund or reimburse to the customer if the latter has provided the wrong mobile number. In the event of a technical error attributable to Kwikpay, the customer will be reimbursed. For international top ups , the operator of the country of the prepaid mobile to be topped up may have temporary technical problems at the moment the customer makes the purchase and the top up might not be executed instantly. In this case, Kwikpay will contact the customer and the operator to resolve the problem as quickly as possible in order that the top up can go through.
kwikpay may use third parties to execute the order or for the purchase of a product.
For any order or purchase made from kwikpay, and any dispute relating to these general terms and conditions, only UK law applies.
For any disputes, the UK commercial court has sole jurisdiction.
You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organization but this will not effect your rights under these terms.
These terms apply to our information and offer to you, the agreement between us and any related communication. We may change our terms and conditions at any time and the same cannot be assumed to hold true for future orders. The Terms applicable at the time of order placement will apply.
In the event of any of these terms and conditions to be invalid or unenforceable the remainder of these terms and conditions will apply as usual. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control which includes strikes , civil commotion , terrorist attack or threat thereof, fire explosion , flood, other natural disasters, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts decrees, legislations, regulations or restrictions of any government.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to it represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us , whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract ( unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
You may withdraw from your purchase, upto until the time in which it is available to you. Top ups will be available to you when the top up code is shown on the screen (after payment ) or once you receive an email containing the code. Your right of withdrawal does not apply to prepaid payment cards or unique prepaid codes of any other kind that have been transferred / displayed to the customer or have been applied to the Mobile phone or digital prepaid account. If you experience fault when processing your top up account please contact us to discuss the matter further.
Complaints Procedure :
We do our utmost to provide you with the best information, products and services. In case you have any complaint please contact us by email by going into the contact us section of our web site clearly explaining your complaint / comments. We will reply to you within 15 days of receipt of the same.
These terms and conditions and all matters connected with any order you place on our website or the apps are governed by English laws and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with , or arising out of , the web site or any order you place on the website.
All Dealings between us are connection with our T&C's and each purchase shall be carried out in the English language.
You may not transfer any of your rights or obligations under these terms and conditions to any other person without our prior written consent, We will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation but this will not affect your rights under these terms.
Kwikpay cannot be held responsible for mistakes made by the customers in entering details during top-up. Such top-ups are not eligible for refunds.
You're responsible for entering the correct phone numbers , choosing the correct operator and ensuring that any top - up credit purchased using the Kwikpay service is credited to the correct phone.
We will not be able to reverse or refund any payment made using the kwikpayservice which has been incorrectly attributed as a result of your error. Once you have completed a top-up, you'll be notified by email
However, in cases where we have charged you and have failed to deliver top-up, we will attempt to re-deliver your top-up or offer you a full refund.
As the operators of the website www.kwikpay.com and of the Kwikpay Android or IoS Apps ("Platform"), Kwikpay Limited ("We", "Us") is committed to protecting and respecting your privacy. This Privacy and Cookies Policy ("Policy") (together with and any other documents referred to therein) sets out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
For the purpose of the General Data Protection Regulation ("GDPR") the Data Controller is Kwikpay Limited.YOUR PERSONAL INFORMATION Information we collect from you
We collect and process some or all of the following types of information from you in the course of your use of the Platform or providing our services:
Information that you provide by filling in forms on the Platform or filing in forms as part of the registration process. This includes information provided at the time of registering to use the Platform, whilst purchasing services or products, or requesting further information. We may also ask you for information when you report a problem with the Platform.
Specifically, personal details such as name, email address, billing and delivery address, mobile number and any information we collect from you or you input by when using the Platform, completing our survey forms, using our services.
If you contact Us, We may keep a record of that correspondence.
We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
Details of your visits to the Platform including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
Details of your mobile device including but not limited to IMEI number, IP addresses.
We may also receive information about you from third parties if you login or register for an account with a third party service (for example, Facebook, G+ login or LinkedIn), the third party service may send us information such as your registration and profile information from that service.
The provision of your name, e-mail address, billing and delivery address, mobile number is required from you to enable Us to process your purchases. The provision of your name, e-mail address, mobile number, address is required form you to enable Us to enable us to register you as a user and provide you with our services. We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.USES MADE OF YOUR INFORMATION
We use information held about you in accordance with the following "legal bases" and for the following purposes-
To provide you with our Platform, associated functionality and services (such as, allowing you to purchase the products/services, passing your information to and informing the service provider that you have purchased their product) and to carry out any other obligation arising from any contracts entered into between you and Us. We rely on "performance of contract with you" as the legal basis for this processing.
To prevent use of any fraudulent identities or payment details and to support concerned authorities in tracking any such events. We rely on "legitimate interest" as the lawful basis on which your personal data is collected and processed by us and disclosed to a third party.
We rely on your consent as the lawful basis where you have agreed to participate in a survey, and for the processing of such personal information as has been collected through that survey.
To ensure that content on the Website is presented in the most effective manner for you and for the device(s) you use to access and view the Website. We rely on "legitimate interest" as the legal basis for this processing, and the legitimate interest is the "maintenance and improvement of our Website for the benefit of all our users".
To notify you about changes to our service. We rely on "performance of a contract with you" as the legal basis for this processing.
To allow you to participate in interactive features of our service, when you choose to do so.
To provide you with information and offers that you request from Us or which We believe may be of interest to you. We rely on "legitimate interest" as the lawful basis on which We process your personal data for direct marketing purposes.
If you do not want Us to use your data in this way please either (i) tick the relevant box situated on the form on which We collect your data (for example, the registration form); (ii) unsubscribe from our electronic communications using the method indicated in the relevant communication; or (iii) inform Us at any time by contacting Us at the contact details set out below.
DISCLOSURE OF YOUR INFORMATION
We routinely disclose your personal data to third parties as follows:
We may pass your information to our third party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf.
We pass your information to service providers who services/products you purchase via our Platform so that they are able to perform that service or deliver the product you have purchased. These service providers may use your personal data for marketing where they have a legal basis to do so.
We may also disclose your personal data to third parties:
in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; or
if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about our customers will be one of the transferred assets; or
if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Platform Terms and Conditions and other agreements; or
to protect Our rights, property, or safety or that of our affiliated entities and our users and any third party We interact with the to provide the Platform.
Other than as set out above, and save insofar as is necessary in order for Us to carry out our obligations arising from any contracts entered into between you and Us, We will not share your data with third parties unless We have procured your express consent to do so
STORING YOUR PERSONAL DATASecurity
We take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. Where We have given you (or where you have chosen) a password which enables you to access certain parts of the Platform, you are responsible for keeping this password confidential.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.
Payment is handled securely, through the payment processor you have selected. If you want to find out more about how the payment processor processes your personal data, you can refer to their own privacy notice.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
Keeping your personal data up to date
If your personal details change you may update them by accessing the relevant page of the web site or the "My Accounts" within the Platform or by contacting Us using the contact details below. If you have any questions about how We use data collected which relates to you, please contact Us by sending a request by email to the contact details below.
We will endeavour to update your personal data within seven (7) working days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.
How long we keep your personal data
We will hold your personal data including your name, email address, billing and delivery address, mobile number, IP address, IMEI number and your purchase history for 7 years from the transaction date.
In instances where you have registered but not made a purchase We will hold your contact details, for as long as you are registered with the site and for 7 years after the transaction was attempted.
Where you have contacted us via e-mail and telephone, We will hold your contact and any details we have collected from you for 7 years, unless you register.
Where you have participated in our surveys, We will hold your survey details for 7 years.
Where we store your personal data
All information We hold about you is stored on secure servers in the UK.
The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). We will take all steps reasonably necessary to ensure that your data is held securely and in accordance with this Policy. Countries outside the EEA do not have the same data protection laws as the United Kingdom and EEA and we have therefore ensured that any of our suppliers who may transfer your personal data outside the EEA has put in place appropriate measures to protect your data, either by being a member of the US-EU Privacy Shield, or by entering into a European Commission approved contract (as permitted under Article 46(5) of the General Data Protection Regulation).
We will not otherwise transfer your personal data outside the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries. If you would like further information please contact Us (see ‘Contact’ below).
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
access to your personal data and to certain other supplementary information that this Policy is already designed to address
require Us to correct any mistakes in your information which We hold
require the erasure of personal data concerning you in certain situations
receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
object at any time to processing of personal data concerning you for direct marketing
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
object in certain other situations to our continued processing of your personal data
otherwise restrict our processing of your personal data in certain circumstances
claim compensation for damages caused by our breach of any data protection laws
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
email, Us at email@example.com,
let Us have enough information to identify you (name and e-mail address),
let Us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
let Us know the information to which your request relates , including your order ID, e-mail address and mobile number
HOW TO COMPLAIN
We hope that We can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner.
We may collect information about your mobile phone, computer or other device from which you access the Platform including where available your IP address, IMEI numbers, operating system and browser type, for systems administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We may, however, use such information in conjunction with the data We have about you in order to track your usage of our services.
A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
The cookies We use include:
"Analytical" They allow Us to recognise and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps Us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.
"Strictly necessary" cookies. These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our Platform, use a shopping cart or make use of e-billing services.
"Functionality" cookies. These are used to recognise you when you return to our Platform. This enables Us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
"Targeting" cookies. These cookies record your visit to our Platform, the pages you have visited and the links you have followed to our affiliates websites. We will use this information to make our Platform, offers e-mailed to you and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
All questions, comments and requests regarding this Privacy and Cookies Policy should be addressed to firstname.lastname@example.org write to us at Kwikpay Limited, Devonshire House, 7 Goswell Road, London EC1M 7AD UK.