1. General provisions

  1. Welcome to Kixy. The terms of use listed below ("Terms") tell you the rules for accessing and using our website www.kixy.com (our "Site") and our native smartphone application (our "App") which can be downloaded at App Store and Google Play.

  2. It is important that you understand that access and use of our Site and our App is conditional upon your acceptance of these Terms. By accessing and using our Site or our App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms then you must not use our Site or our App.

  3. These Terms refer to the following additional terms which also apply to your use of our Site and our App:

    1. Our Privacy Policy which sets out how we use your personal information.

    2. Our Cookies Policy which sets out the information about the cookies we use on our Site.

    3. Our E-money Account Terms and Conditions which apply if you use any of our account or money transfer services (See Appendix).

  4. Please note that these Terms may be modified or updated from time to time to reflect changes to our Site or our App or changes in the law but, should this happen, they will be posted on our Site and our App (as applicable). Each time you wish to use our Site or our App, please check these Terms to ensure that you understand the terms which will apply at that point in time as any changes will be applicable from the date they are published. These Terms were most recently updated on.

  5. You hereby acknowledge and agree that the English language version of these Terms is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with the present Terms or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.

  6. We recommend that you print a copy of these Terms for your own reference. At all times, you may request to receive a printed copy of these Terms via post or email using the contact details set out at Section 2 below.

2. Information about us and how to get in touch with us

  1. Our Site and our App are operated by Kixy Ltd ("Kixy", "we", "us", "our"), a company incorporated and registered in England and Wales under company number 11201126 whose registered office is at 40 Gracechurch Street, London EC3V 0BT, United Kingdom.

  2. Kixy LTD is registered with by the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services (reference number: 814005). Kixy LTD is registered with the Financial Conduct Authority as an EMD Agent of PayrNet Limited (See Appendix for T&Cs), an Electronic Money Institution authorised by the Financial Conduct Authority (reference number: 900594).

  3. If you would like to contact us for any reason in connection with our Site and our App or any part of these Terms, we can be contacted via the following means:

    1. Post: FAO Kixy Ltd, 40 Gracechurch Street, London EC3V 0BT, United Kingdom.

    2. Email: terms@kixy.com.

    3. Website: www.kixy.com.

3. How we use your personal information

Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations. Please refer to our Privacy Policy for details regarding how we handle your personal information.

4. Access to and use of our Site

  1. You may access and use our Site and our App only as permitted by these Terms. You are also responsible for ensuring that all persons who access our Site and our App through your internet connection are aware of these Terms and that they comply with them.

  2. There is currently no charge to access and/or use our Site or our App. However, you are responsible for obtaining and configuring (at your own cost) all necessary devices, computer programs, IT, platforms and telecommunications services required to access and/or use our Site and our App.

  3. We may suspend, withdraw or restrict the availability of all or any part of our Site or our App for business and operational reasons at any time without notice or liability to you. We will try to give you reasonable notice of any suspension or withdrawal.

  4. We may also update and change our Site or our App from time to time. We will try to give you reasonable notice of any major changes.

5. Your Kixy e-money account

  1. If you choose, or you are provided with, a Kixy e-money account, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.

  2. We have the right to disable any Kixy e-money account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

  3. If you know or suspect that anyone other than you knows your customer account or password, you must promptly notify us using the contact details set out at Section 2 above.

6. Intellectual property

  1. Our Site, our App and their contents (including any intellectual property rights contained therein) are owned by us, our affiliates or our third party licensors and are protected by copyright laws and treaties around the world. You shall not acquire any right, title or interest in or to our Site, our App or their contents which shall remain our property and/or the property of our third party licensors.

  2. Our Site, our App and their contents are licensed to you in accordance with these Terms. Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the content for solely viewing within our Site and our App and to view and retain a copy of the pages of our Site and our App solely for your own personal use.

  3. You must not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute, use or exploit our Site or our App (including any part of their contents) for public or commercial purposes without obtaining a licence to do so from us or our third party licensors. Our status (and that of any identified contributors) as the authors of any content on our Site and our App must always be acknowledged.

  4. You may not: (a) use any robot, spider, scraper or other automated device to access our Site or our App; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on our Site or our App (or printed pages of our Site or our App). Notwithstanding these restrictions, any open source software components included in our Site will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

7. Linking to our Site or our App

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  2. You must not establish a link to our Site or our App in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at Section 9 below.

  3. Our Site and our App must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

  4. We reserve the right to withdraw linking permission without notice.

8. Prohibited uses

  1. You may only use our Site and our App and their contents for lawful purposes.

  2. You may not use our Site and our App and/or any of their contents:

    1. In any way that breaches any applicable local, national or international law or regulation.

    2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

    3. To send, knowingly receive, upload, download, use or re-use any material using our Site and our App which does not comply with our content standards set out at Section 9 below.

    4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

    5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  3. You also agree:

    1. Not to reproduce, duplicate, copy or re-sell any part of our Site or our App and/or any of their contents in contravention of the provisions of these Terms.

    2. Not to reverse engineer, decompile, disassemble or otherwise attempt to obtain our Site’s or our App's source code, other than as permitted by applicable law.

    3. Not to tamper with, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of our Site or our App or infect them with any malicious code.

    4. Not to otherwise access without authority, interfere with, damage or disrupt:

      1. any part of our Site or our App;

      2. any equipment or network on which our Site or our App is stored;

      3. any software used in the provision of our Site or our App; or

      4. any equipment or network or software owned or used by any third party.

9. Uploading content to our Site or our App

  1. Whenever you make use of a feature that allows you to upload content to our Site or our App, or to make contact with other users of our Site or our App (each a "Contribution"), that Contribution must:

    1. be accurate (where it states facts); and

    2. be genuinely held (where it states opinions); and

    3. comply with the law applicable in England and Wales and in any country from which it is posted.

  2. A Contribution must not:

    1. contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors or inflammatory;

    2. be likely to harass, alarm, deceive or intimidate another person;

    3. contain or promote sexually explicit material or violence;

    4. promote discrimination based on any protected characteristic;

    5. infringe a third party's intellectual property rights;

    6. break any legal duty owed to a third party, such as a contractual duty or duty of confidence.

    7. advocate, promote, incite any party to commit or suggest anything illegal or unlawful, including fraud;

    8. give the impression that the Contribution emanates from Kixy, if this is not the case; or

    9. contain any advertising or promote any services or web links to other sites.

  3. You promise that your Contribution shall comply with the above standards, and you will compensate us in full for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of that promise.

  4. Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you are required to grant us and other users of our Site and our App a limited permission to use, store and copy that Contribution and to distribute and make it available to third parties.

  5. We also have the right to disclose your identity to any third party who is claiming that your Contribution constitutes a violation of their intellectual property rights or of their right to privacy. You are solely responsible for security and backing up your Contribution.

10. Breaches of these Terms

  1. When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

  2. Failure to comply with Section 8 ("Prohibited uses") above constitutes a material breach of these Terms and may result in our taking all or any of the following actions:

    1. Immediate, temporary or permanent withdrawal of your right to use our Site and our App.

    2. Immediate, temporary or permanent removal of any contribution uploaded by you to our Site or our App.

    3. Issue of a warning to you.

    4. Legal proceedings against you for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach.

    5. Further legal action against you.

    6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

  3. We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

11. Limitations on our liability

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of any breach by us or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of acceptance of these Terms, both we and you knew it might happen, for example, if you discussed it with us.

  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury resulting from our negligence or the negligence or our employees, agents of subcontractors and for fraud or fraudulent misrepresentation.

  3. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our E-money Account Terms.

  4. Please note that our Site, our App and their contents are for domestic and private use only. You agree not to use our Site, our App or their contents for any commercial or business purposes, and we have no liability to you for any loss of profits or savings or anticipated profits or savings, loss of opportunity, loss or reputation, goodwill or business or any economic loss even if we are advised in advance of the possibility of such loss.

  5. The contents on our Site and our App are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of such content.

  6. Where our Site or our App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those third party sites or resources.

  7. We do not guarantee that our Site or our App will always be available, be uninterrupted, secure or free from bugs or viruses, nor that our Site, our App or their contents will be free from errors or omissions.

  8. Although we make reasonable efforts to update the information on our Site and our App, we make no promises and provide no assurances that the contents on our Site and our App are accurate, complete or up to date.

12. General

  1. You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.

  2. We shall be entitled, without your consent, to transfer our rights and obligations under these Terms to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through our Site).

  3. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

  4. Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purposes of such written communications.

  5. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

  6. If any court or competent authority holds that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms which will continue in full force and effect to the fullest extent permitted by law.

  7. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

13. Appendix

PAYRNET LIMITED Terms and Conditions:

PAYRNET LIMITED

TERMS AND CONDITIONS FOR CONSUMERS

ELECTRONIC MONEY ACCOUNTS

BACKGROUND

This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at "PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK" and registered office at "Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX" (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (“EMR 2011”) (register reference 900594) for the issuing of electronic money.

Our relationship with Kixy Ltd: As an EMI, we have appointed Kixy Ltd as an EMD Agent. An EMD Agent meansa person who provides payment services on behalf of an electronic money institution (as defined in the EMR2011) as our EMD Agent, Kixy Limited (“Kixy Ltd” or “Kixy”), is authorised to provide associated paymentservices alongside our e-money account services.

1. AGREED TERMS

1.1. OUR TERMS

A. Interpreting this Agreement. To easily understand the terms of this Agreement, please first refer to clause three which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.

B. Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should onlycomplete the signon procedures or continue to use the services of Kixy.

1.2. INFORMATION ABOUT US AND HOW TO CONTACT US

A. Who we are. We are PayrNet Limited, an EMI as described above.

B. Communication between us is to be in English. This Agreement is concluded in England, and all communications between you and us shall be in English only.

C. How to contact us. All queries should be directed towards Kixy. You can contact Kixy using the details set out in Kixy General T&Cs.

D. How we may contact you. If we have to contact you we will do so as follows: in the first instance via Kixy except in urgent cases. If we have not been able to contact you through Kixy or if the matter is urgent,we will contact you by writing to you at the email address(es), you provided when agreeing to thisAgreement or by using any other contact details you have provided to us or have used in communications with us or Kixy.

E. ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.

F. Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.

1.3. INTERPRETATION

A. The definitions set out in this clause apply in this Agreement as follows:

“Agreement” means this agreement and the privacy policy.

“Consumer“ means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.

“Electronic Money” means electronically stored monetary value as represented by a claim against us.

“Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).

“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.

“Services” means the e-money account services.

B. Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.

C. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

D. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

E. A reference to a statute or statutory provision is a reference to it as amended, extended or reenacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.

1.4. TERM AND BECOMING A CLIENT

A. How can you agree to this Agreement? You can agree to this Agreement by confirming you are accepting Kixy's General T&Cs or availing of the Services.

B. When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.

1.5. SERVICES

A. As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of Kixy.

B. Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.

1.6. ISSUING ELECTRONIC MONEY TO YOU

A. Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.

B. When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.

C. You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and sendthe corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.

D. We accept no responsibility in the event that you send money to the incorrect account.

E. We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.

1.7. GENERAL LIMITATION OF LIABILITY

A. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you haveagreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.

B. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall berecoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes ofassessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.

C. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.

2. COMPLAINTS

2.1. If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact Kixy using the following contact email address for complaints: info@kixy.com . If Kixy does not deal with your complaint adequately, please contact us via email to complaints@payr.net.

2.2. We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.

2.3. If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financial-ombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

3. ESTABLISHING YOUR IDENTITY

3.1. To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.

3.2. We may keep records of the contents and results of any searches that we carry out on you in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on your credit history.

3.3. We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds(Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for theconsequences of being prevented from doing so.

3.4. The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found in our privacy policy.

4. TERMINATION

4.1. When we may terminate or suspend this Agreement.

A. We can terminate this Agreement at any time:

- If you breach this Agreement; and/or

- if we suspect that you are using the Services for any illegal purposes.

B. We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of asecurity breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).

C. If Kixy Fintech notifies us that its agreement with you has terminated we can terminate this agreement with immediate effect.

D. If you terminate your agreement with Kixy Fintech , or that agreement is terminated, we can terminate this Agreement with immediate effect.

E. If our agreement with Kixy Fintech terminates, we will give you not less than two (2) month’s written notice to terminate this Agreement.

F. We may terminate this Agreement at any time and for any reason by giving you not less than two (2) month’s written notice.

4.2. When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with Kixy Fintech. We may contact you to confirm your request.

4.3. Effect of Termination. Upon the effective date of termination:

you will no longer be able to avail yourself of the Services;

we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us.

4.4. After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.

5. CONFIDENTIALITY

5.1. We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:

A. to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and

B. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

6. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found https://railsbank.com/payrnet. (Payrnet is a wholly owned subsidiary of Railsbank Technology Limited).

7. GENERAL

7.1. Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation todisputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records willbe maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipateddispute between the parties which relates to the dealings between the parties.

7.2. Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of onePoundsterling, upon demand from us, as consideration.

7.3. Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

7.4. What if something unexpected happens? We shall have no liability to you under this Agreement or any Contract if we are prevented from or delayed in performing our obligations under this Agreement, or fromcarrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lockouts or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of subcontractors, provided that you are notified of such an event and its expected duration.

7.5. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the subclauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining subclauses, clauses and paragraphs will remain in full force and effect.

7.6. We are not partners and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation orwarranty, the assumption of any obligation or liability and the exercise of any right or power).

7.7. We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via Kixy, as are necessary to comply with any laws and regulations that are applicable to theperformance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.

7.8. What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.

7.9. Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.

7.10. We may transfer this agreement to someone else. We may transfer our rights and obligations under thisAgreement to another organisation without your consent. We will always tell you in writing if this happens andwe will ensure that the transfer will not affect your rights under this Agreement.

7.11. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.

7.12. Nobody else has any rights under this Agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

7.13. Which laws apply to this Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services ineither the Northern Irish or the English courts.

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Kixy LTD is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services (reference number: 814005). Kixy LTD's registered address: 40 Gracechurch Street, London, England, EC3V 0BT. Kixy is not a bank, the Kixy account is an e-money account. For Canadian customers, Kixy Services Inc. is registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a Money Service Business (MSB) with registration number M21855906.