Terms & Conditions

These Terms & Conditions (the "Terms") govern access to and use of the PayKanz platform, websites, mobile applications and related services (together, the "Services") provided by Kanz Large E-Money Services Company (K.S.C.C) ("PayKanz", "we", "us" or "our"), a Kuwaiti closed shareholding company registered in the State of Kuwait. By registering for an account, accessing the platform, or using any of the Services, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. About us

Legal name	Kanz Large E-Money Services Company (K.S.C.C)
Trading name	PayKanz
Legal form	Kuwaiti Shareholding Company (Closed)
Jurisdiction	State of Kuwait
Website	www.paykanz.com
Contact	info@paykanz.com

2. Definitions

• "Merchant" — a business or individual holding a PayKanz account used to issue invoices, request payment or accept funds.
• "Customer" — a person who pays a Merchant through the Services, or otherwise transacts on the platform.
• "User" — any person using the Services, including Merchants and Customers.
• "Wallet" — an electronic money account held on the platform where this feature is made available to you.
• "Payment Gateway" — the licensed payment network or acquirer used to process card and account payments, including KNET.

3. Eligibility

To use the Services you must be at least eighteen (18) years old and have full legal capacity to enter into a binding contract under the laws of the State of Kuwait. Where you use the Services on behalf of a company or other legal entity, you represent that you are duly authorised to bind that entity, and "you" refers to that entity.

We may decline to open an account, or may close an account, where eligibility cannot be established to our reasonable satisfaction or where required by law or by our regulator.

4. Registration, KYC and account security

You must provide accurate, current and complete information when registering and keep that information up to date. As a regulated financial services provider, we are required to verify the identity of our Users. You agree to provide identification documents, corporate records, beneficial ownership information and any other evidence we reasonably request, and to allow us to verify that information with third parties where permitted by law.

We may restrict, suspend or refuse access to the Services until verification is satisfactorily completed.

You are responsible for keeping your credentials, one-time passcodes, MPIN and devices secure and confidential. You must notify us immediately at info@paykanz.com if you suspect unauthorised access to your account. You remain responsible for activity carried out using your credentials, except to the extent caused by our failure to meet our legal obligations.

5. The Services

PayKanz provides a digital platform that enables:

• Merchants to create and issue invoices, generate payment links and collect payments from their Customers;
• Merchants to manage products, customers, reporting and related business records;
• Customers to pay invoices and payment requests through supported payment methods; and
• where enabled, Users to hold and use an electronic Wallet, including top-up and transfers.

The Services are provided on a software-as-a-service basis. We may add, modify or withdraw features from time to time. Any material reduction in functionality affecting a paid subscription will be notified to you in advance.

6. Payment processing and card data

PayKanz does not store full payment card numbers, card verification values, magnetic-stripe data or card PINs. Payment card processing is performed by licensed payment providers who are responsible for the security of the payment page and the cardholder data entered on it.

You are responsible for ensuring that the payment instrument you use belongs to you and that you are authorised to use it.

7. Electronic wallet

Where a Wallet is made available to you:

• Wallet balances represent electronic money issued against funds you have paid in. They are not a bank deposit and do not earn interest or profit.
• Funds may be added only through the payment methods supported on the platform, and only from a payment instrument held in your own name.
• Transaction, balance and velocity limits may apply, and may be varied to comply with regulatory requirements.
• You may request redemption of your available balance to a bank account in your name, subject to identity verification and any applicable regulatory requirements.
• Customer funds are held and safeguarded in accordance with applicable Central Bank of Kuwait requirements.

We may place a hold on a Wallet, a balance or a transaction where required by law, where we suspect fraud or unauthorised use, or where instructed by a competent authority.

8. Fees, charges and taxes

All amounts are quoted and payable in Kuwaiti Dinar (KWD) unless expressly stated otherwise.

Applicable subscription fees, transaction fees and payment gateway charges are published on our website or set out in your commercial agreement with us. Payment gateway charges (including KNET transaction charges) may be applied to a transaction, and where they are, the amount is disclosed before the payment is confirmed.

We will give you at least thirty (30) days' prior notice of any increase to recurring subscription fees. Continued use of the Services after the effective date constitutes acceptance of the revised fees.

You are responsible for any taxes, levies or duties applicable to your use of the Services in any jurisdiction, other than taxes on our own income.

9. Merchant obligations

If you use the Services as a Merchant, you additionally agree that:

• you sell only lawful goods and services, and hold all licences required to do so in Kuwait;
• you accurately describe your goods and services, prices, delivery arrangements and any conditions before the Customer pays;
• you publish and honour your own terms of sale and your own returns and refund policy, consistent with Law No. 39 of 2014 on Consumer Protection;
• you are solely responsible for supplying the goods or services paid for, and for handling your Customers' complaints, returns, cancellations and refunds;
• you will not use the Services to collect payment on behalf of any third party without our prior written consent; and
• you will cooperate promptly with any transaction dispute, chargeback or regulatory enquiry.

10. Prohibited use

You must not use the Services to:

• carry out any activity that is unlawful under the laws of the State of Kuwait, including money laundering, terrorist financing, fraud or sanctions evasion;
• trade in goods or services that are prohibited or require a licence you do not hold, including gambling, unlicensed financial services, narcotics, weapons, or counterfeit goods;
• process transactions that do not represent a genuine sale, including self-funding, transaction laundering or the resale of payment acceptance to another party;
• infringe the intellectual property or privacy rights of any person;
• attempt to gain unauthorised access to, disrupt, probe or reverse engineer the Services or any system used to deliver them; or
• upload malicious code or content that is unlawful, defamatory or offensive.

11. Refunds, cancellations and chargebacks

Refunds and cancellations are governed by our Refund & Return Policy, which forms part of these Terms. Nothing in these Terms limits any right a consumer has under Law No. 39 of 2014 on Consumer Protection or other mandatory Kuwaiti law.

Where a Customer raises a chargeback or dispute with their card issuer or bank, we may withhold or recover the disputed amount and any associated fee from the relevant Merchant pending resolution.

12. Anti-money laundering

We are subject to Law No. 106 of 2013 concerning Anti-Money Laundering and Combating the Financing of Terrorism, its implementing regulations, and the instructions of the Central Bank of Kuwait. We are required to conduct customer due diligence, monitor transactions, retain records and report suspicious activity to the competent authorities.

We may delay, refuse, freeze or reverse a transaction, and may suspend or close an account, where necessary to comply with these obligations. We are not permitted to disclose that a report has been made.

13. Data protection and privacy

Our collection and use of personal data is described in our Privacy Policy. We process personal data in accordance with applicable Kuwaiti law, including Law No. 20 of 2014 on Electronic Transactions and the Data Privacy Protection Regulation issued by the Communication and Information Technology Regulatory Authority (CITRA), and in accordance with the record-keeping obligations imposed on us as a regulated financial institution.

You agree that we may contact you by email, SMS or in-app notification for transactional, security and service messages relating to your account.

14. Intellectual property

The Services, the PayKanz name and logo, and all software, designs and content made available by us remain our property or that of our licensors, and are protected by applicable copyright and trade mark law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services for their intended purpose during the term of your account.

Content you upload remains yours. You grant us a non-exclusive licence to host, process, transmit and display that content strictly as necessary to provide the Services to you and to your Customers, and to meet our legal and regulatory obligations.

15. Availability and support

We aim to provide the Services on a continuous basis but do not warrant uninterrupted or error-free availability. Access may be suspended for scheduled maintenance, emergency maintenance, or events outside our reasonable control, including failures of a Payment Gateway, telecommunications network or third-party infrastructure.

Support is available by email at info@paykanz.com.

16. Suspension and termination

You may close your account at any time, subject to settlement of amounts owed and completion of pending transactions. Where you hold a Wallet balance, you may request redemption in accordance with clause 7.

We may suspend or terminate your access, with immediate effect where necessary, if you breach these Terms, if we are required to do so by law or by a competent authority, if we reasonably suspect fraudulent or unlawful activity, or if you fail to pay amounts due.

Termination does not affect rights and obligations accrued before termination, including our obligation to retain records for the period required by law.

17. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Kuwaiti law, including liability for fraud, or for death or personal injury caused by negligence.

Subject to the above, we are not liable for indirect or consequential loss, loss of profit, loss of business or loss of anticipated savings; and our total aggregate liability arising out of or in connection with the Services in any twelve (12) month period is limited to the total fees paid by you to us in that period.

We are not liable for the acts or omissions of a Merchant, for the quality, safety, legality or delivery of goods or services purchased from a Merchant, or for a dispute between a Merchant and its Customer.

18. Complaints and disputes

If you are dissatisfied with any aspect of the Services, please contact us at info@paykanz.com with your account details and a description of the issue. We will acknowledge your complaint and provide a substantive response without undue delay.

If your complaint is not resolved to your satisfaction, you may escalate it to the Central Bank of Kuwait in accordance with its customer complaint procedures, or to the Consumer Protection Department of the Ministry of Commerce and Industry where the matter falls within its remit. These rights are in addition to your right to seek redress before the Kuwaiti courts.

19. Changes to these Terms

We may amend these Terms from time to time. Where a change materially affects your rights or obligations, we will give you at least thirty (30) days' notice by email or in-app notification before it takes effect. The current version is always published at this address with its effective date. Continued use of the Services after the effective date constitutes acceptance.

20. Governing law and jurisdiction

These Terms and any non-contractual obligations arising from them are governed by the laws of the State of Kuwait. The courts of the State of Kuwait have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, without prejudice to any mandatory consumer right to bring proceedings in another competent forum.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.

21. Contact us

Kanz Large E-Money Services Company (K.S.C.C)
State of Kuwait
Email: info@paykanz.com
Web: www.paykanz.com

These Terms are published in English. Where a translation is provided and there is any conflict, the Arabic text shall prevail for the purposes of Kuwaiti law.