KyoPay (“KyoPay”, “we”, ”our” or “us”) operates www.kyopay.co and www.platform.kyopay.co, the invoice receivables information website and the platform (collectively the “Site”). These terms and conditions govern your access and use of the Site and any services provided via the Site, directly or indirectly from any type of device fixed or portable from which online availability gives access to the Site. Continuing to use our Site implies acceptance of these terms and conditions and an acknowledgment of having understood and agreed with these terms and conditions together with any associated terms, conditions, policies and guidelines described in via Site. Any term, conditions, policy or guideline found in the Site should be read in conjunction with these terms and conditions and are considered legally binding. Please carefully read all the below noted sections before proceeding to use the Site.
1. GENERAL PURPOSE OF OUR SITE
KyoPay provide users of the Site the opportunity to obtain and register information and avail of KyoPay’s services, which to be more specific, include the main services and supporting services that comes with willingly uploading invoice receivables information and agreeing to auction it via the Site; and/or main services and supporting services that comes with willingly buying invoice receivables via the Site. Inquiries regarding KyoPay’s services can made through the website or by contacting our Customer Support Team directly at +95 9974546111 or via email at [email protected] and [email protected]
Any intention to use KyoPay’s services made via the Site must be in accordance with the terms and conditions, policies and procedures as outlined by KyoPay. Any type of transaction made via the Site, regardless of type, will be legally binding on you on confirmation that the transaction has been completed. Any successful transaction made via Site will be treated as final, meaning sold and bought invoice receivables once sold and bought in via the Site cannot be revoked.
2. THE USE OF THE SITE
By using the Site you warrant that you are of legal age (at least eighteen (18) years of age) and that you have all necessary legal authority to enter into a binding agreement in accordance with these terms and conditions. The Site is to be used by you solely for the purpose of availing of KyoPay’s services. By using the Site you warrant that information provided by you or any person/entity acting on your behalf is accurate and truthful.
By using the Site you confirm that you will:
Not breach these terms and conditions or applicable laws, rules or regulations;
Not use the Site in any illegal manner;
Not re-use, post, transfer, re-sell, copy, or download any of the contents of the Site whether or not protected through copyright without our written authorisation to do so.
Not attempt unauthorized access of the Site or any account related to the Site in any manner whatsoever.
Not provide speculative, fraudulent, or false information.
Provide correct information.
Not use this Site for commercial, or for reasons which do not conform with the stated purpose of this Site.
KyoPay reserves the right to take action against you or any person acting on your behalf if you misuse this Site or engage in any activity which infringes our copyright, or is of an illegal or illicit nature. You will be liable to pay charges, duties, taxes, and other costs arising from the misuse of the Site.
KyoPay will request for you to provide relevant information, including personal information:
To satisfy KyoPay’s on-boarding process.
To satisfy applicable laws, regulations, guidelines and rules including those of the Central Bank of Myanmar;
To satisfy all anti-money laundering and anti-corruption requirements;
You apply with KyoPay for membership, whether as a Seller, Buyer, or Payor;
To update your profile membership;
To log in to the Site;
To subscribe to KyoPay’s newsletter;
To respond to a survey;
To use the Site; and To enable KyoPay’s Support Team to contact you.
KyoPay may collect non-personally identifiable information from the users who visit our Site. Non-personally identifiable information is information that does not identify a specific user. The non-personally identifiable information that KyoPay may collect from you includes things like the log information (i.e., information on how you use our services such as time or duration of use), Uniform Resource Locator (“URL”) of the website you visited before coming to our Site, the URL of the website you visit after leaving our Site, the type of browser you are using and your Internet Protocol address, operating system version, device settings, hardware model, and Subscriber Identity Module. We, and/or our authorized third party service providers, may automatically collect this information when you visit the Site through the use of electronic tools like cookies. KyoPay uses non-personally identifiable information to improve its services, provide social media features, troubleshoot, administer the Site, analyze KyoPay’s traffic and trends, comply with applicable laws, and co-operate with law enforcement activities. We may also share this information with our authorised third party service providers to measure the overall effectiveness of our business which includes but is not limited to KyoPay’s website, platform content, and programming.
You are entitled to refuse to provide the information that KyoPay requests although this wil result in KyoPay to being able to provide you with the services via the Site. You may send an email to [email protected] to review and update, as may be required, your personal information. For registered users, you may log on to KyoPay’s platform (platform.kyopay.co) to update your profile.
Failure to satisfy KyoPay’s on-boarding requirements, applicable laws, regulations, guidelines and rules, including those of the Central Bank of Myanmar, particularly relating to anti-money laundering and anti-corruption matters, will result in your being unable to proceed to use KyoPay’s services.
5. FEES AND TAXES
KyoPay is entitled to charge a fee in respect of any services rendered. The fee charged will be dependent on an individual or entities’ member status as Seller, Payor or Buyer on the Site, and will be disclosed in any service terms and conditions or as agreed otherwise. All fee amounts either stated in the service term and conditions or otherwise will be exclusive of applicable taxes.
Please note: KyoPay has the right to offset its obligation to pay any amounts due to a member Seller, Payor or Buyer, against amounts payable by them to KyoPay.
KyoPay reserve the right to charge additional fees to cover administration charges, bank charges or other charges incurred by us or our partner(s) relating to the collection of taxes.
KyoPay reserve the right to charge additional fees or penalty charges to cover administration charges, bank charges or other charges incurred by us or our partner(s) relating to the collection of any unpaid or outstanding invoices or accounts receivables.
6. THIRD PARTIES/PARTNERSHIPS
KyoPay works closely with various partners that assist KyoPay with banking, regulatory and operational support services and functions. We will provide relevant information regarding such facilities and activities via the Site but do note that our partners are independent contractors and may have their own rules and regulations in place. KyoPay asks all our partners to adhere to strict privacy and confidentiality principles and to provide accurate information in relation to user information.
7. SEGREGATED ACCOUNT
Site member payments made or monies transferred in connection with KyoPay’s services and associated online auctions, are not to be deposited into KyoPay’s corporate bank account. Any such funds will be deposited into a segregated account, which is operated by a reputable and licenced third party bank operating under licence of the Central Bak of Myanmar in the Republic of the Union of Myanmar (the “Segregated Account”).
Any deposit of monies into the Segregated Account will be pursuant to KyoPay’s on-boarding process, applicable laws, regulations, guidelines and rules including those of the Central Bank of Myanmar. Failure to satisfy or comply with any such requirements will result in your being unable to use KyoPay’s service and make any deposits into the Segregated Account.
Interest accrued in respect of any monies deposited in the Segregated Account (if any), will be utilised by KyoPay in respect of, without limitation, any additional costs and fees, administration charges, bank charges or other any charges, on behalf of KyoPay’s member Sellers, Payors and Buyers, thereby avoiding KyoPay’s members incurring additional costs as much as possible.
8. COPYRIGHT INFRINGEMENT
Individuals or entities who wish to alert KyoPay of copyright infringement should proceed in the manner specified below. If for any reason, you believe that any material posted on the Site is an infringement of your copyright you should contact us immediately with sufficient information so that we can investigate your claim including:
Your personal details – name and address - and the signature either physical or electronic or of any person having a power of attorney to act on your behalf;
A correspondence address if different from one previously provided, including telephone number and email;
Proper and clear identification of the copyright work(s) that you consider to be the subject of infringement;
A statement providing enough information with regard to the material that forms the basis of alleged infringement, so that KyoPay can properly identify and locate it. The statement must be detailed and specify the URL containing the infringement;
A statement of good faith from you confirming that the use of the material disputed was not authorized by the copyright owner or his agent;
A statement confirming that the information provided is correct and where relevant that you or any entity acting on behalf of the you has the power of attorney to act on behalf of the copyright owner;
A statement that you would like to have any material, if proven to be an infringement, removed from the URL location indicated;
All documents forming evidence for the claim of copyright infringement should be duly signed and sent to the KyoPay Office at; 608 Merchant Street, Floor 3, Pabedan Township, Yangon, Myanmar. Telephone number; +95 9974546111
You should be aware that penalties can be imposed for illicit and improper claims and that KyoPay reserves the right to refer such claims to the relevant authorities.
9. INTELLECTUAL PROPERTY
Other than exceptions which may be referenced in these terms and conditions, all the content on this Site is the property of KyoPay or the referenced third party, or is licensed and/or used with permission by KyoPay including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you. All and any intellectual property is protected by the copyright laws and may not be copied, published, downloaded, promoted, or used in any manner without proper authorization from KyoPay.
Copyright material on the Site is for members’ personal use and only when such use is permitted and in accordance with these Site terms and conditions and any and all of KyoPay terms and conditions relevant to KyoPay’s services. In the event of publication, transfer, redistribution, or copying as part of a permitted usage, under no circumstances should the material be changed or any trademark or author attribution deleted. By copying, downloading, publishing, or transferring any material, you agree not to claim ownership of any copyright material that is the intellectual property of KyoPay or any of its associates.
The Site may include third party logos, trademarks, and other proprietary designation. Their availability should not be considered as an endorsement of such third party site(s). The presence of any third party material on any page of our Site does not imply that KyoPay has copyright ownership of such material.
KyoPay takes your personal privacy very seriously. We have put in place security measures to ensure that information provided to us should not be lost, misused or tampered with in any manner. We use secure socket layer (“SSL”) encryption technology when recording your information. SSL technology captures information in an encryption mode and keeps the information safe and secure.
Your personal information may be used in any of the following manner:
Verify your identity;
Administer our services;
Assist with the resolution of technical support issues or other issues relating to our services;
Comply with laws and regulations – particularly relating to anti-money laundering and anti-corruption matters; and
Communicate with you – we use your personal information to send emails, announcements about our services, special deals, newsletters. You may opt not to receive these types of communication by sending an email to [email protected]
Information Sharing - Subject to applicable law, KyoPay may share, transfer, and disclose the information we collect, to the following: (a) companies that form part of our group of companies, to
enable them to offer or improve their respective services or products; (b) service providers that help us provide our services, to the extent needed to perform their duties and their functions; (c) government authorities, at their request and only when legally required to do so.
We endeavour to protect your information by using secure servers. Sufficient physical and technical methods and procedures are employed to safeguard and secure the information from unauthorized or unlawful processing. We have implemented technical measures to secure user information from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never find ways to defeat those measures and use users’ personal information for improper purposes. We accept no liability for any unintentional disclosure of such information including transfer of information over the internet. Users acknowledge that they provide their personal information at their own risk.
Note that we will never email you to ask for your password or other account Information. If you receive such an email, please forward it to us.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. KYOPAY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE. KYOPAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KYOPAY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR SECURE. KYOPAY IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS AS A RESULT OF OTHER THIRD-PARTY BEHAVIOR. THE SITE, INCLUDING ANY SERVICES PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN NO EVENT WILL KYOPAY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF KYOPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE. KYOPAY DOES NOT GUARANTEE THAT INVOICES UPLOADED IN ITS ONLINE PLATFORM WILL BE SUCCESSFULLY SOLD. KYOPAY DOES NOT GUARANTEE THAT INVOICES BOUGHT THROUGH ITS ONLINE PLATFORM WILL BE SUCCESSFULLY COLLECTED AND REPAID. BECOMING A BUYER AND BUYING INVOICES THROUGH KYOPAY’S PLATFORM SITE HAS ITS OWN IMPLIED RISKS. THERE IS NO GUARANTEE OF ON TIME PAYMENT AND ACTUAL PAYMENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KYOPAY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, EXCEED THE GREATER OF USD 100 OR THE AMOUNT YOU PAID TO KYOPAY FOR THE APPLICABLE GOODS OR SERVICES. IF ANY OF THE LIMITATIONS CONTAINED HEREIN ARE CONTRARY TO APPLICABLE LAW (SUCH AS, CONSEQUENTIAL OR INCIDENTAL DAMAGES), KYOPAY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.
By using the Site, you agree that you will defend, protect, and indemnify KyoPay, third parties and any other entity associated with KyoPay directly or indirectly, including KyoPay representatives, its employees, directors, consultant, affiliates, contractors, agents, attorneys, or consultants, from and against any and all damages, claims, liabilities, costs, judgments, and causes of actions including any and all related expenses and legal fees, that may result from your use of KyoPay Site. If you are using this Site on behalf of a third-party it is your responsibility to inform that third-party of all terms and conditions applicable to the use of this Site.
If you use the Site outside of the Republic of the Union of Myanmar, you are responsible for following applicable laws and determining, among other things, whether your use of the Site violates any applicable laws. Please note that by using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted either to or via the Republic of the Union of Myanmar.
14. CHANGES TO TERMS AND CONDITIONS
KyoPay reserves the right to revise or update the Site terms and conditions as well as any term, condition, policy or guideline relevant to the Service as it may deem necessary or desirable, at its sole discretion, which you hereby acknowledge, agreed and understand. An update will be prominently displayed as much is reasonably possible, indicating the changes, with such notification being deemed sufficient notification and notice of such changes. All changes become effective immediately upon being posted to the Site.
It is your sole responsibility to review the Site from time to time to view any changes to the Terms and Conditions.