TERMS AND CONDITIONS
Collect&Pay ltd., a company incorporated in Kazakhstan, with registration number 200440900101, having its registered address Kazakhstan, Nur-Sultan, St. Mangilik Yel 55/21, Block C4.2, office 163, Z05T3E5 is authorised by the Astana Financial Services Authority (“AFSA”) under the Acting Law of the Astana International Financial Centre (the “Regulations”) for the provision of Money Services with AFSA register number AFSA-G-LA-2020-0005 and trades under the name 'Collect&Pay' (hereinafter "we”, “our” or “us”).
These terms and conditions (the “Terms and Conditions”) are applicable to and are available on our website www.collectnpay.com(“Our Website”). 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 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.
- “Business Day” means from 9 a.m. to 4.30 p.m. GMT, Monday through Friday..
- "Our Services" means any money services provided by Collect&Pay.
- “Our site” is defined in the paragraph entitled “Introduction” above.
- “Paying agent" means an individual or legal entity acting as a third party providing payment services, or an agent acting on our behalf who pays for a payment transaction initiated by you in the country of destination specified by you.
- "Payment order" means all instructions submitted by you to us with a request to carry out a Payment operation via platform, email or phone.
- "Payment transaction" - transfer of money to the Recipient.
- “Recipient” - an individual or legal entity designated by you as the recipient of a Payment transaction, who is an individual and acceptable to us, and receives a money transfer through an appointed Payment Agent.
- The terms “You”, “Your” and “User” mean a person who enters into an agreement with us to provide our Services.
- FORMATION OF CONTRACT
- ACCESS TO OUR WEBSITE
- REQUIRED HARDWARE AND SOFTWARE
- ISSUE OF PAYMENT ORDERS THROUGH OUR WEBSITE
These Terms and Conditions govern our provision of payment services consisting of the execution of payment transactions ordered by you through our website. These conditions apply to your use of our website, 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 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 law against money laundering and financing terrorism, and you agree that we will contact you for these purposes.
The following terms used in these Terms and Conditions have the meaning and scope indicated below:
Each payment transaction that we carry out for you is a separate contract that includes these Terms.
We may make changes to these Terms from time to time, for example, to comply with changes in legislation or regulatory requirements or in connection with changes in market conditions.
If we make any changes to these Terms, we will do this by posting a revised version of these Terms 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 by mail, we will send it to you upon request at the mailing address that we have for you.
The changes we make 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 law 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 site 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 site 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.
Using our site, 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. If we become aware in a reliable way that the user is under 18 years old, we will cancel the user account 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, 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 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 is only yours, and that your Access Codes and any other security functions associated with your access to Our Website 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 Site at the end of each session. You should be especially careful when using your Access Codes to access our Website 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.
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 site 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 site or accessible through our site. 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 or add it to your favorites, but you should not create a link to any part of our website or in any way offer any form of association, approval or support on our part, if there is none.
In accordance with these Terms, you will be able to use our Services by logging into our Site 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.
Payment orders must contain such information that we determine from time to time necessary to provide you with Our Services, including the following information:
- Name and other data identifying the Recipient.
- Country of destination of the Payment transaction.
- Amount and currency of the Payment transaction.
- In the case of a Payment transaction to the Beneficiary's bank account - IBAN code (international bank account number), if such a bank account has an IBAN code, or a bank account code corresponding in each case.
We accept only a Payment order, which is transmitted to us through our Site. 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 Site):
- Payment by debit or credit card: you must authorize the issuer of your card to transfer the funds necessary for us to carry out the Payment transaction: (i) the funds necessary to conduct the Payment transaction were debited from the account linked to your card; and (ii) we obtained permission from a third-party acquiring service provider and subsequently received funds for the transfer, which should be received by us.
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.
If you ask us to execute a Payment order for making a Payment operation in favor 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.
If we receive a Payment Order by _____pm (GMT) 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 ______pm (GMT) 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:
- Where we are required to do so under applicable anti-money laundering or terrorist financing legislation and /or where we know or suspect the Payment Transaction may be unlawful (including for instances of fraud).
- You have failed to provide us with sufficient, satisfactory and reliable evidence of your identity or any other information we require in relation to a Payment Transaction.
- Where we know or suspect that the Payment Order requested by you contains errors or is not authorised by you.
- Receipt of a Payment Order by us in circumstances where there is insufficient time for us to ensure the execution of the requested Payment Transaction by the requested time.
- You have failed to provide us the amount of the funds which we tell you are required for the Payment Transaction to proceed in cleared funds immediately available to us.
- You are in breach of an obligation under these Terms and Conditions including an obligation to pay our fees.
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:
- A reference number enabling you to identify the Payment Transaction and the Recipient.
- The amount of the Payment Transaction stated in the currency used in the Payment Order.
- Information about the amount of any fees related to the Payment Transaction that you must pay to us.
- If a transaction involves currency exchange, the exchange rate used by us for the transaction by
- The date we received the Payment Order.
Once the Payment Transaction has been confirmed you will automatically receive an e-mail notification at the address provided by you to us confirming submission of the Payment Transaction.
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 25 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 not be entitled to any such refund:
- if you do not inform us by notice in writing without undue delay (and in any event not later than 2 months after the date on which the unauthorised Payment Transaction was made) on your becoming aware that an unauthorised Payment Transaction may have occurred; or
- if the Payment Transaction was authorised by you.
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.
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:
- if you do not inform us by notice in writing without undue delay (and in any event not later than 2 months after the date on which the incorrect Payment Transaction was performed) on your becoming aware that failure by us to perform a Payment Transaction authorised by you or incorrect performance by us of a Payment Transaction authorised by you may have occurred; or
- where we are able to show that the authorised amount was received at the appropriate time by the Recipient; or
- if the failure to perform or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise due to your fault.
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.
Registration on Our Website and subsequent use of Our Services will incur the fees from time to time set out on Our Website 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.
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.
You agree that we may set off any amount you owe us against any sums owed by us to you.
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.
We may terminate these Terms and Conditions and/or suspend Our Services to you immediately:
- where you do not provide us with all the details we require to perform a Payment Transaction for you;
- where it becomes unlawful for us to continue to provide you with Our Services or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorises us to perform Our Services;
- following a material breach by you of any of these Terms and Conditions or in the event that we discover or have reasonable cause to suspect any crime, fraud, fraudulent activity or money laundering by you;
- in the event that you die, become of unsound mind, become unable to pay your debts as and when they fall due, a petition in bankruptcy is presented against you, you are declared bankrupt, you become insolvent, you enter into an individual voluntary arrangement or go into liquidation or are subjected to any similar event;
- as provided for in clause 18 (Changes Beyond our Control).
The provisions of this clause 15 (Termination) and clauses 18 (Changes beyond our Control), 21 (Personal Data Protection), 27 (Applicable Law and Jurisdiction), 22 (Limitation of Liability) 27 (Third Party Rights) and 31 (Entire Agreement) shall survive the termination or expiry of these Terms and Conditions for any reason.
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 law enforcement agency.
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.
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.
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.
Our Website 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 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 site, 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 for a permitted use.
You must not: (a) modify copies of any materials from Our Website; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. 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, access to Our Website or use of Our Website or any services or materials available through Our Website.
If you print, copy, modify, download or otherwise use any part of Our Website in breach of the Terms and Conditions, your right to use Our Website 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 or any content on the site is transferred to you, and we and our licensors reserve all rights not expressly granted. Any use of Our Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
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.
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, including, without limitation, any use of Our Website content or Our Services other than as expressly authorised in these Terms and Conditions or your use of any information obtained from Our Website, or your negligence, fraud or wilful misconduct.
You must not misuse Our Website 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, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website 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 will cease immediately.
Your use of Our Website, its content and Our Services obtained through Our Website is at your own risk. Insofar as is permitted in law: (a) Our Website, its content and Our Services obtained through Our Website 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. 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, it’s content or any services or items obtained through Our Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that Our Website or the server(s) that makes it available are free of viruses or other harmful components or that Our Website or any services or items obtained through Our Website will otherwise meet your needs or expectations. By means of this clause 24, 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.
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., Kazakhstan, Nur-Sultan, St. Mangilik Yel 55/21, Block C4.2, office 163, Z05T3E5.
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 made or confirmed to us in writing to Collect&Pay ltd., Kazakhstan, Nur-Sultan, St. Mangilik Yel 55/21, Block C4.2, office 163, Z05T3E5.
If you are still dissatisfied following our response to any complaint, you have a right to refer your complaint to the Astana Financial Services Authority, Nur-Sultan, 55/17 Mangilik El Avenue, Pavilion C-3.2. Further information about making a complaint to the AFSA can be accessed at https://afsa.aifc.kz/.
Please note that these Terms and Conditions, its subject matter and its formation, are governed by law of Kazakhstan. You and we both agree that the courts of Kazakhstan will have exclusive jurisdiction.
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.
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.
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 law of Kazakhstan) will mean that you or we cannot exercise any such right or remedy at a later date.
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.
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 32 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.
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.