Terms & Conditions

Term & Conditions of KMB Money is shown here..

1.    Introduction:

Please note, in these Terms and Conditions our use of the term ‘Services’ includes, without limitation, money transfer services, money remittance services, international money remittance services and Payment Services in accordance with The Payment Services Regulations 2017.
Before confirming your order please:

1.1.    Read through these terms and conditions (the Conditions) and in particular our cancellations and returns policy and limitation of our liability and your indemnity.

1.2.    Print a copy for future reference.

1.3.    Read our privacy policy regarding your personal information.

1.4.    By ordering any of the Services listed on our Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on our Website from time to time.

1.5.    We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

1.6.    The Terms and Conditions listed below govern the access and use of our website (hereinafter called “the Website”) and mobile phone application (“the Application”) that enable you to transfer money (“the Service”).

1.7.    In the present Terms and Conditions, the terms “we”, “us”, “our” refer to KMB International Money Transfer Ltd (KMB Money), and “you”, “your” refer to any person who accesses and/or uses the Service.

1.8.    It is important that you understand that access and use of the Service are conditional on your acceptance of present Terms and Conditions.

2.    About us:

2.1.    KMB Money is registered and regulated by FCA (FRN Number – 560812) and HMRC for the purpose of Payment service activities in accordance with the payment services regulations 2017 (PSD2). The company is registered in UK Companies house (company number-05696336) with registered address at 88 Caledonian Road, London, N1 9DN, United Kingdom.

2.2.    This Website is owned and operated by KMB Money (we/us/our), a private limited company registered in England and Wales under company number: 05696336 with a registered address at 88 Caledonian Road, London, N1 9DN, United Kingdom.

3.    Definitions:

In the present Terms and Conditions the below terms shall have the following meaning(s):
3.1.    “Application” means a KMB Money mobile phone application operated by KMB Money to provide online money transfer services and the related information;

3.2.    “Compliance Officer” means one or more members of staff at KMB Money who is responsible for compliance with Money Transfer Regulations, anti-money laundering legislation and other applicable laws;

3.3.    “Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;

3.4.    “Force Majeure Event” means any of the circumstances referred to in clause 8.5;

3.5.    “FX Spread” is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread. The FX spread is the difference between the exchange rate we buy the currency in and the exchange rate we are able to provide to you and we communicated it in the order confirmation and it covers our costs plus a small margin.

3.6.    “Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;

3.7.    “Money Transfer Regulations” means the applicable laws of the United Kingdom or of the country from which funds are transferred or where funds are intended to be received which relate to electronic money transfer services including, without limitation, the Payment Services Regulations 2017.

3.8.    “Prohibited purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are transferred or where they are intended to be received or in any territory with jurisdiction over the Sender or the Receiver) including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under the Proceeds of Crime Act 2002 or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;

3.9.    “Recipient” means the person who receives the money through the Service,

3.10.    “Reference number” means the unique transaction number, which will be issued to you as and which the recipient will be required to provide to our partners in order to receive the amount transferred,

3.11.    “Sender” means the person who initiates the carrying out of a money transfer through the Service,

3.12.    “Transaction” means every money transfer that you initiate using the Service and/or every other use that you make of the Service,

3.13.    “Website” means the website operated by KMB Money to provide online money transfer services and related information.

4.    Eligibility and your access rights:

4.1.    By using our service, you agreed that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

4.2.    Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 6 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:

4.3.    You use the Service or attempt to use it for any Prohibited Purpose;

4.4.    You attempt to transfer or charge funds from an account that does not belong to you;

4.5.    We receive conflicting claims regarding ownership of or the right to withdraw funds from a debit or credit card account;

4.6.    You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;

4.7.    You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

4.8.    You are in breach of these Terms and Conditions;

4.9.    We have reason to believe that any of the foregoing has occurred or is likely to occur;or

4.10.    A Compliance Officer has taken a discretionary decision to do so.

5.    Registration:

5.1.    When registering on our Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

5.2.    By registering on our Website you undertake:

   5.2.1.    That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects;

   5.2.2.    To notify us immediately of any changes to the information provided on registration or to your personal information;

   5.2.3.   That you are over 18;

   5.2.4.    To only use the Website using your own username and password

   5.2.5.    To make every effort to keep your password safe

   5.2.6.    Not to disclose your password to anyone

   5.2.7.    To change your password immediately upon discovering that it has been compromised

   5.2.8.    To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

   5.2.9.    To provide us with correct, accurate, complete and truthful details concerning
    (i) the money remittance transaction or transactions you instruct us to remit,
   (ii) the payee or beneficiary’s correct, true, accurate and complete details, including name, address, bank account number and any other information concerning the payee or beneficiary we require from time to time,
    (iii) your full name, address, bank account number and any other information we require of you from time to time, and
   (iv) any other information we request of you prior to us completing the Services.

5.3.    You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

6.    Formation of a Contract between you and us:

6.1.    All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

6.2.    Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

6.3.    You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

6.4.    You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.

6.5.    A transaction order constitutes solely an offer to buy our services, which is subject to our discretionary acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the mobile app. (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent. (whether or not you receive it).

6.6.    Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the Minimum Duration). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

6.7.    The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

6.8.    You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

6.9.    You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

    6.9.1.    Any change to those policies or these Conditions is required to be made by law or governmental authority

    6.9.2.    We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

6.10.    In some cases, we accept orders from agents on behalf of customers. The resulting legal contract is between you and us and is subject to these terms and conditions, which the agent will advise you of directly. You should carefully review these terms and conditions as they apply to the transaction

6.11.    We reserve the right to refuse to perform any of the Services (including after Confirmation) if:

    6.11.1.    We are unable to obtain satisfactory evidence of your identity;

    6.11.2.    You provide us with false, incorrect or incomplete information;

    6.11.3.    We are unable to reach you via contact details provided by you;

    6.11.4.    Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;

    6.11.5.    You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

    6.11.6.    You are in breach of these Terms and Conditions;

    6.11.7.    You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;

    6.11.8.    Processing the Service in accordance with your order may expose us to liability;

    6.11.9.    We are unable to process your transfer due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;

    6.11.10.    We have reason to believe that any of the foregoing has occurred or is likely to occur; or

    6.11.11.    A Compliance Officer has taken a discretionary decision to do so.

We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 4.2 or 6.11, we fail to complete the transfer of funds in accordance with an order.

7.    Privacy policy:

7.1. As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore, we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.

7.2. Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.

7.3. We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

7.4. We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.

7.5. For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy that can be found at http://www.kmbmoney.com/privacy-policy

8.    Limitations on our liability:

8.1.    If a money transfer in accordance with an order you made and that we Confirmed is delayed or fails and you are not entitled to a refund or compensation under the Money Transfer Regulations, we expressly limit our liability in respect of any such delayed or failed transfer (including for any claimed refund) to the greater of: (a) the amount of any service charge that was paid to us; and (b) the foregoing cap on our liability applies to any single transaction, act, omission or event and to any number of related transactions, acts, and omissions or events.

8.2.    We shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, 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.

8.3.    Nothing in this clause shall:

   8.3.1.    Exclude or limit liability on our part for death or personal injury resulting from our negligence,

   8.3.2.    Exclude liability for our fraud, our willful misconduct or gross negligence.

8.4. We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.

8.5.    We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:

   8.5.1.    an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;

   8.5.2.    the acts, decrees, legislation, regulations or restrictions imposed by any government or state;

   8.5.3.    the actions or omissions of the third parties;

8.5.4. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

   8.5.5.    any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or

   8.5.6.    any Malicious Code interfering with the Service (such as, a “Force Majeure Event”).

8.6.    Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

8.7.    If you send money via a mobile phone number, we do not bear any liability for you providing an incorrect phone number.

9.    Your responsibilities and obligations:

9.1.    You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.

9.2.    The Fees for each Service we have provided to you have to be paid.

9.3.    You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

9.4.    In relation to your registration and use of the Service you will:

   9.4.1.   provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;

   9.4.2.    supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017);

   9.4.3.    update all information you provide to us to keep it accurate, current, complete and true;

   9.4.4.    not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

   9.4.5.    transfer money only from your own credit, debit card or bank account. You may not submit a transfer on behalf of another person;

   9.4.6.    not open more than one account with us;

   9.4.7.    keep your Reference Number or PIN number secure, you must not share the Reference Number or Pin number of your transaction details with anybody except the Recipient;

   9.4.8.    use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Services to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.

9.5.    You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;

9.6.    You must check and contact us as soon as possible if you believe or suspect that a transfer of funds was not executed properly or that the amount has not been received or was only partly received;

9.7.    It is your responsibility to inform the Recipient of the information he/she will need to provide in order to collect the money you transfer through the Service (such as photographic identification, the exact amount of the send order and the Reference Number).

9.8.    We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;

10.    Price and payment methods:

10.1.    The prices of the Services will be quoted on the Website.

10.2.    Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.

10.3.    Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

10.4.    We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third-party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
Payment methods:

10.5.    you can pay for the transaction via bank transfer, debit/credit card and alternative payment methods if available. If you send money via a mobile phone number, you can pay for the transaction via credit card or debit card.

10.6.    By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

10.7.    Payment will be debited and cleared from your account before the provision of the Service to you.

10.8.    In case of a SWIFT transfer, we are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.

10.9.    When you pay by debit card and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.

10.10.    Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honoured in accordance with their published terms.

10.11.    We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

11.    Cancellations and refunds:

Our right to cancel your order:

11.1.    We reserve the right to terminate an agreement formed with you pursuant to clause 6 and to suspend or terminate your access to the Website immediately and without notice to you if:

11.2.    You fail to make any payment to us when due,

11.3.    You breach these Conditions (repeatedly or otherwise),

11.4.    You are impersonating any other person or entity,

11.5.    When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity,

11.6.    We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on our Website.

Your right to cancel an order:

11.7.    You have a right to cancel an order before payment has been made to the Recipient. If you have sent money via our website, you may exercise this right by: Emailing us at kmbremittance@kmbmoney.co.uk

11.8.    If you have sent money via a mobile phone number, you may exercise this right by: Cancelling in the app; or Emailing us at kmbremittance@kmbmoney.co.uk

Refunds:

11.9.    If you exercise your right to cancel the order after you have already paid us the funds to be transferred:

   11.9.1.    we will refund money paid by you and intended for a Recipient only under the condition that it has not already been paid out to the Recipient in accordance with your original instructions prior to the cancellation request; and

   11.9.2.    we reserve the right to retain the Fees charged for the Service (and we may charge you with those Fees if they have not yet been paid); and

   11.9.3.    if by the time you notify us of the cancellation of the transfer we have already sent the money to one of our partners in the country of destination, we may not be able to successfully cancel the order, given that the cancellation procedures with our partners differ in length and complexity, as well as often require communication across time zones.

11.10   . We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.

11.11.    We reserve the right to charge a refund fee of £3 or €3 (according to the currency with which you pay us) if the refund has been requested by the customer with no fault of our own.

11.12.    If we do not transfer the money to the Recipient in accordance with an order within 45 days after your instructions have been received, provided that you correctly followed our procedures and complied with all our policies, you may ask for a refund of the money transferred to us and intended for the Recipient.

11.13.    If the Recipient does not collect the money within 3 months after the date it became available for collection, all rights of cancellation of the order or refund of the money transferred or the Fees shall be deemed to be waived by you.

11.14.    Your order expires after 1 month. In case the money has not been collected (in the case of cash transfers) or the order requires a correction, we reserve the right to cancel your order without prior notice to you and to refund to you the amount that was to be transferred. The refund will not include the Fees paid for the Service, which we will retain.

11.15.    If you choose to send money via a mobile phone number and send money to an invalid number, the transaction will be cancelled after 5 days and the funds will get refunded to you via banking details you provided to us. Deposited back to the banking account you provided with.

12.    Complaints:

12.1.    If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at:compliance@kmbmoney.co.uk

Or by post at:

KMB International Money transfer ltd
88 Caledonian Road, London, N1 9DN.

12.2.    We will investigate your complaint and use reasonable endeavours to come back to you with the results of our investigation within 7 working days after receipt of your complaint.

12.3.    If you are not satisfied with how we have handled your complaint, you can also contact The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 SR. You can also call them by;
0800 023 4 567
Calls to this number are now free on mobile phones and landlines.
0300 123 9 123
Calls to this number cost no more than calls to 01 and 02 numbers.(18002) 020 7964 1000
Calls using next-generation text relay.
For more information please visit:
https://www.financial-ombudsman.org.uk/contact/index.html

13.    Written communications between you and us:

13.1.    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 purpose of the Contract between you and us. The foregoing does not affect your statutory rights.

14.    Notices and communications:

14.1.    All notices given to us must be in the English Language and sent to KMB Money’s registered address. We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, one day after the date of posting in the case of domestic notices and 6 days in the case of international mail.

15.    Transfer of rights and obligations:

15.1.    We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract 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 the Website or the Application).

15.2.    We are entitled to perform our obligations to you through subcontractors, agents and other third parties.

15.3.    You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.

16.    Waiver:

16.1.    If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2.    A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3.    No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.

17.    Severability:

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

18.    Entire agreement:

18.1.    The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2.    We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

18.3.    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

19.    Our right to vary these terms and conditions:

19.1.    We reserve the right to revise, amend or replace these Terms and Conditions from time to time.

19.2.    Our Terms and Conditions in force at the time that you order Services from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven days that you wish to cancel the order, the revised Terms and Conditions will apply.

20.    Third party rights:

20.1.    A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

21.    Governing law and jurisdiction:

21.1.    Contracts for the purchase of our services using the Website or the Application 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) will be governed by English law.

21.2.    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 non-exclusive jurisdiction of the courts of England and Wales. The foregoing shall be without prejudice to your statutory rights.

22.    Intellectual property:

22.1.    The content of the Website and the mobile application are protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, KMB name and brand, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to KMB Money’s moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

22.2.    You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

22.3.    You may use the Website and the Application only for the purpose of the bona fide use of our Services as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website.

22.4.    You acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

22.5.    No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.

22.6.    Services sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.

23.    General:

23.1.    We reserve the right to change any services, products, product prices, product specifications and the domain address of this Website availability at any time.

23.2.    Every effort is made to keep information regarding services/product availability on the Website up to date. However, we do not guarantee that this is the case, or that services/product will always be available.

23.3.    All Contracts are concluded and available in English only.

23.4.    All prices and descriptions supersede all previous publications. All product descriptions are approximate.

23.5.    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

23.6.    A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.7.    No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.

24.    How to get in touch with us?

24.1. We can be contacted via the following means:

24.1.1. Post using the address: 88 Caledonian Road, London, N1 9DN. United Kingdom.

24.1.2. Email using the email address: compliance@kmbmoney.co.uk

24.1.3. Website: www.kmbmoney.co.uk



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