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Scope of Services",[268,338,339],{},"This Agreement applies solely to the following payment services offered by Kwik:",[341,342,344],"h3",{"id":343},"_21-payment-acceptance-services","2.1 Payment Acceptance Services",[268,346,347],{},"Where enabled on the Merchant's account, Kwik may provide one or more of the following payment methods:",[349,350,351,363,365,367,369,372,375,378,381,384,387,389,392,395],"ul",{},[352,353,354,355],"li",{},"Card Payments\n",[349,356,357,360],{},[352,358,359],{},"Visa",[352,361,362],{},"Mastercard",[352,364,185],{},[352,366,189],{},[352,368,201],{},[352,370,371],{},"SnapScan",[352,373,374],{},"Ozow (Pay by Bank)",[352,376,377],{},"MoneyBadger",[352,379,380],{},"1Voucher",[352,382,383],{},"Pay@",[352,385,386],{},"PayShap",[352,388,27],{},[352,390,391],{},"Hosted Checkout Pages",[352,393,394],{},"Embedded Checkout",[352,396,397],{},"API-based Payment Processing",[268,399,400],{},"The payment methods available to the Merchant may change from time to time and are subject to approval by Kwik and any applicable payment network, sponsor bank, acquiring bank, payment partner, or third-party provider.",[268,402,403],{},"Activation of a payment method does not guarantee continued availability.",[268,405,406],{},"Kwik may suspend or discontinue any payment method where required by law, a payment network, an acquiring bank, a sponsoring bank, a third-party provider, or where continued use presents an unacceptable financial, operational, compliance, fraud, or reputational risk.",[282,408],{},[341,410,412],{"id":411},"_22-payout-services","2.2 Payout Services",[268,414,415],{},"Where approved by Kwik, the Merchant may initiate payouts through the Services.",[268,417,418],{},"Payouts may include:",[349,420,421,424,427,430],{},[352,422,423],{},"Refunds to customers;",[352,425,426],{},"Payments to registered recipients;",[352,428,429],{},"Payments to the Merchant's own verified bank accounts;",[352,431,432],{},"Other payout services approved by Kwik.",[268,434,435],{},"Payouts are subject to:",[349,437,438,441,444,447,450,453,456],{},[352,439,440],{},"available cleared balances;",[352,442,443],{},"fraud and compliance checks;",[352,445,446],{},"verification requirements;",[352,448,449],{},"transaction limits;",[352,451,452],{},"applicable banking rules;",[352,454,455],{},"settlement availability; and",[352,457,458],{},"any additional conditions imposed by Kwik or its banking partners.",[268,460,461],{},"Kwik does not guarantee the processing time of any payout.",[282,463],{},[341,465,467],{"id":466},"_23-excluded-services","2.3 Excluded Services",[268,469,470,471,474],{},"The following services are ",[271,472,473],{},"not governed by this Agreement",":",[349,476,477,480,483,486,489,492],{},[352,478,479],{},"EFT Debit Orders;",[352,481,482],{},"DebiCheck;",[352,484,485],{},"Registered Mandates (RM);",[352,487,488],{},"Registered Mandate Tracking;",[352,490,491],{},"Bank account collection services; and",[352,493,494],{},"Any future collection products requiring separate underwriting or approval,",[268,496,497,498,324],{},"(together, the \"",[271,499,500],{},"Collections Services",[268,502,503],{},"Use of the Collections Services requires:",[505,506,507,510,513,516],"ol",{},[352,508,509],{},"a separate application process;",[352,511,512],{},"independent approval by Kwik and, separately, by Kwik's sponsoring bank, each in its sole discretion;",[352,514,515],{},"compliance with applicable banking and industry rules; and",[352,517,518,519,522],{},"acceptance of the ",[520,521,162],"a",{"href":163},", which is the service-specific agreement governing the Collections Services.",[282,524],{},[285,526,528],{"id":527},"_3-legal-documents","3. Legal Documents",[268,530,531],{},"The following legal documents form part of this Agreement and are incorporated by reference.",[268,533,534],{},"By accepting this Agreement or using the Services, the Merchant agrees to comply with each applicable document.",[341,536,538],{"id":537},"general-policies","General Policies",[349,540,541,546,550,554,558,563,568,572],{},[352,542,543],{},[520,544,545],{"href":218},"Merchant Fees and Pricing",[352,547,548],{},[520,549,221],{"href":222},[352,551,552],{},[520,553,225],{"href":226},[352,555,556],{},[520,557,233],{"href":234},[352,559,560],{},[520,561,562],{"href":238},"Sanctions and AML Policy",[352,564,565],{},[520,566,567],{"href":230},"Information security policy",[352,569,570],{},[520,571,245],{"href":246},[352,573,574],{},[520,575,576],{"href":242},"Chargeback and Dispute Policy",[282,578],{},[341,580,582],{"id":581},"payment-method-terms","Payment Method Terms",[268,584,585],{},"The Merchant agrees that each enabled payment method is additionally governed by its own payment method terms.",[268,587,588],{},"Only the payment methods activated on the Merchant Account apply.",[590,591,174],"h4",{"id":592},"card-payments",[349,594,595,599,603],{},[352,596,597],{},[520,598,174],{"href":175},[352,600,601],{},[520,602,185],{"href":186},[352,604,605],{},[520,606,189],{"href":190},[282,608],{},[590,610,612],{"id":611},"alternative-payment-methods","Alternative Payment Methods",[349,614,615,619,623,627,631,635,639],{},[352,616,617],{},[520,618,374],{"href":194},[352,620,621],{},[520,622,201],{"href":202},[352,624,625],{},[520,626,371],{"href":198},[352,628,629],{},[520,630,377],{"href":210},[352,632,633],{},[520,634,380],{"href":214},[352,636,637],{},[520,638,383],{"href":179},[352,640,641],{},[520,642,386],{"href":206},[282,644],{},[590,646,648],{"id":647},"payout-services","Payout Services",[349,650,651],{},[352,652,653],{},[520,654,95],{"href":182},[282,656],{},[268,658,659],{},"Where a conflict exists between this Agreement and any mandatory operating rule imposed by a payment network, acquiring bank, sponsoring bank or Applicable Law, those mandatory rules shall prevail to the extent of the conflict.",[285,661,663],{"id":662},"_4-definitions","4. Definitions",[268,665,666],{},"For the purposes of this Agreement:",[268,668,669,672],{},[271,670,671],{},"Account"," means the Merchant Account provided by Kwik.",[268,674,675,678],{},[271,676,677],{},"Acquiring Bank"," means the financial institution that acquires payment transactions on behalf of the Merchant.",[268,680,681,684],{},[271,682,683],{},"Affiliate"," means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.",[268,686,687,689],{},[271,688,294],{}," means this Merchant Agreement together with all Legal Documents incorporated by reference.",[268,691,692,695,696,699],{},[271,693,694],{},"Alternative Payment Method"," or ",[271,697,698],{},"APM"," means any payment method other than a traditional card payment, including Ozow, Zapper, SnapScan, MoneyBadger, 1Voucher, Pay@, PayShap and any similar payment method supported by Kwik.",[268,701,702,705],{},[271,703,704],{},"Applicable Law"," means all applicable legislation, regulations, payment scheme rules, banking requirements, regulatory directives and legally binding obligations applicable to the Services.",[268,707,708,711],{},[271,709,710],{},"Authorised User"," means any person authorised by the Merchant to access the Merchant Account.",[268,713,714,717],{},[271,715,716],{},"Business Day"," means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.",[268,719,720,723],{},[271,721,722],{},"Card Scheme"," means Visa, Mastercard or any other card network supported by Kwik.",[268,725,726,729],{},[271,727,728],{},"Chargeback"," means any reversal, retrieval request, dispute or financial adjustment initiated by an issuing bank, card scheme, payment partner or authorised financial institution.",[268,731,732,735],{},[271,733,734],{},"Confidential Information"," means any non-public commercial, financial, technical or operational information disclosed by either party.",[268,737,738,741],{},[271,739,740],{},"Customer"," means any person making a payment to the Merchant using the Services.",[268,743,744,746,747,749],{},[271,745,225],{}," means Kwik's Data Processing Addendum available at ",[520,748,226],{"href":226},".",[268,751,752,755],{},[271,753,754],{},"Effective Date"," means the earlier of:",[349,757,758,761,764],{},[352,759,760],{},"the date the Merchant accepts this Agreement;",[352,762,763],{},"the date Kwik approves the Merchant Account; or",[352,765,766],{},"the date the Merchant first uses the Services.",[268,768,769,772,773,749],{},[271,770,771],{},"Fees and Pricing"," means Kwik's published pricing available at ",[520,774,218],{"href":218},[268,776,777,780],{},[271,778,779],{},"Force Majeure Event"," means an event beyond the reasonable control of a party, including natural disasters, war, terrorism, pandemics, cyber attacks, banking failures, payment network failures, utility failures and governmental action.",[268,782,783,786],{},[271,784,785],{},"Intellectual Property Rights"," means all patents, copyrights, trademarks, service marks, trade secrets, database rights, domain names and other intellectual property rights recognised anywhere in the world.",[268,788,789,792],{},[271,790,791],{},"Legal Documents"," means the policies, payment method terms and other documents incorporated into this Agreement under Section 3.",[268,794,795,797],{},[271,796,317],{}," means the legal entity approved by Kwik to use the Services.",[268,799,800,803],{},[271,801,802],{},"Merchant Account"," means the account created for the Merchant within the Kwik Platform.",[268,805,806,809],{},[271,807,808],{},"Payment Method"," means any payment method enabled for the Merchant by Kwik.",[268,811,812,815],{},[271,813,814],{},"Payment Partner"," means any third-party provider used by Kwik to facilitate payment processing, settlements or related services.",[268,817,818,821],{},[271,819,820],{},"Payout"," means any payment initiated by the Merchant to an approved recipient, customer or verified bank account using the Services.",[268,823,824,827],{},[271,825,826],{},"Processing Fees"," means the fees payable by the Merchant as described in the Fees and Pricing policy.",[268,829,830,833],{},[271,831,832],{},"Services"," means the payment processing services, software, APIs, dashboards, reporting tools, payout services and related functionality provided by Kwik.",[268,835,836,839],{},[271,837,838],{},"Settlement"," means the transfer of cleared funds to the Merchant after applicable deductions.",[268,841,842,845],{},[271,843,844],{},"Settlement Account"," means the verified bank account nominated by the Merchant for receiving settlements.",[268,847,848,851],{},[271,849,850],{},"User"," means any employee, contractor or representative authorised by the Merchant to access the Services.",[268,853,854],{},"Words importing the singular include the plural and vice versa.",[268,856,857],{},"References to legislation include amendments, replacements and subordinate legislation.",[268,859,860,861,864,865,868,869,872,873],{},"The words ",[271,862,863],{},"\"including\"",", ",[271,866,867],{},"\"includes\""," and ",[271,870,871],{},"\"include\""," mean ",[271,874,875],{},"\"including without limitation.\"",[282,877],{},[285,879,881],{"id":880},"_5-incorporated-terms","5. Incorporated Terms",[268,883,884],{},"The following documents are incorporated into this Agreement by reference and form part of this Agreement as if fully set out herein.",[268,886,887],{},"Where applicable, the Merchant agrees to comply with:",[349,889,890,893,896,899,902,905,908,911,914,917,920,923,926],{},[352,891,892],{},"Privacy Notice;",[352,894,895],{},"Pricing Schedule;",[352,897,898],{},"Acceptable Use Policy;",[352,900,901],{},"Sanctions and AML Policy;",[352,903,904],{},"Chargeback and Dispute Policy;",[352,906,907],{},"Security Requirements;",[352,909,910],{},"Data Processing Addendum (where applicable);",[352,912,913],{},"API Terms;",[352,915,916],{},"Payment Method Rules;",[352,918,919],{},"any operating rules issued by acquiring banks;",[352,921,922],{},"any rules issued by card schemes;",[352,924,925],{},"any rules issued by payment partners used by Kwik;",[352,927,928],{},"any applicable laws and regulations.",[268,930,931],{},"The Incorporated Terms may be updated from time to time.",[268,933,934],{},"Continued use of the Services after an updated Incorporated Term becomes effective constitutes acceptance of the revised version.",[282,936],{},[285,938,940],{"id":939},"_6-relationship-between-the-parties","6. Relationship Between the Parties",[268,942,943],{},"Kwik acts solely as a payment technology provider and payment service provider.",[268,945,946],{},"Nothing contained in this Agreement creates:",[349,948,949,952,955,958,961,964],{},[352,950,951],{},"a partnership;",[352,953,954],{},"a joint venture;",[352,956,957],{},"a fiduciary relationship;",[352,959,960],{},"an agency relationship;",[352,962,963],{},"employment; or",[352,965,966],{},"any authority allowing either party to bind the other.",[268,968,969],{},"The Merchant remains solely responsible for:",[349,971,972,975,978,981,984,987,990,993],{},[352,973,974],{},"its products and services;",[352,976,977],{},"customer fulfilment;",[352,979,980],{},"customer support;",[352,982,983],{},"tax obligations;",[352,985,986],{},"warranties;",[352,988,989],{},"consumer protection obligations;",[352,991,992],{},"contractual obligations to customers; and",[352,994,995],{},"compliance with Applicable Law.",[268,997,998],{},"Kwik does not become the seller, supplier, merchant of record, or contracting party between the Merchant and its customers solely by providing the Services.",[268,1000,1001],{},"The Merchant acknowledges that certain Services are provided through acquiring banks, sponsoring banks, card schemes, payment networks, payment partners, financial institutions, and other third-party providers.",[268,1003,1004],{},"The Merchant agrees to comply with all applicable operating rules governing those Services.",[285,1006,1008],{"id":1007},"_7-merchant-eligibility-and-account-approval","7. Merchant Eligibility and Account Approval",[341,1010,1012],{"id":1011},"_71-eligibility","7.1 Eligibility",[268,1014,1015],{},"To use the Services, the Merchant must:",[349,1017,1018,1021,1024,1027,1030,1033],{},[352,1019,1020],{},"be a legally established business, sole proprietor, partnership, trust, non-profit organisation or other recognised legal entity;",[352,1022,1023],{},"possess all licences, registrations and approvals required to conduct its business;",[352,1025,1026],{},"maintain a valid South African bank account approved by Kwik for settlement purposes, unless otherwise agreed;",[352,1028,1029],{},"successfully complete Kwik's onboarding, verification and risk assessment processes;",[352,1031,1032],{},"comply with all Applicable Laws; and",[352,1034,1035],{},"continue to satisfy Kwik's eligibility requirements throughout the duration of this Agreement.",[268,1037,1038],{},"Approval of a Merchant application is at Kwik's sole and absolute discretion.",[268,1040,1041],{},"Submission of an application does not create any obligation on Kwik to approve the Merchant or provide any Services.",[268,1043,1044],{},"Kwik may decline, suspend, or withdraw approval of any application, for any reason or no reason, including risk, compliance, commercial, reputational, or operational reasons, whether identified before, during, or after onboarding, and whether or not the Merchant has paid any application, registration, onboarding, or verification fee.",[268,1046,1047],{},"Kwik is not obliged to provide reasons for declining an application, except where required by Applicable Law.",[268,1049,1050],{},"Payment of any application, registration, onboarding, or verification fee does not constitute approval, does not guarantee approval, and does not create any right, expectation, or entitlement to use the Services.",[268,1052,1053],{},"Unless otherwise required by Applicable Law, application, registration, onboarding, and verification fees are non-refundable, including where Kwik declines the application, regardless of the reason for declining.",[282,1055],{},[341,1057,1059],{"id":1058},"_72-registration-and-operating-requirements","7.2 Registration and Operating Requirements",[268,1061,1062],{},"Unless otherwise agreed in writing by Kwik, the Merchant must be a legal entity registered, domiciled, and operating within the Republic of South Africa, and conducting business with customers located in the Republic of South Africa.",[268,1064,1065],{},"Kwik may decline to onboard, or may terminate the Services provided to, a Merchant that is not domiciled or operating within the Republic of South Africa, or that does not maintain a South African settlement bank account, where required by Kwik's sponsoring or acquiring bank arrangements.",[282,1067],{},[341,1069,1071],{"id":1070},"_73-verification","7.3 Verification",[268,1073,1074],{},"The Merchant authorises Kwik, its sponsoring banks, acquiring banks and authorised service providers to perform any verification, screening or due diligence considered necessary before or during the provision of the Services.",[268,1076,1077],{},"This may include verification of:",[349,1079,1080,1083,1086,1089,1092,1095,1098,1101,1104,1107,1110,1113,1116,1119,1122,1125,1128,1131],{},[352,1081,1082],{},"identity;",[352,1084,1085],{},"directors;",[352,1087,1088],{},"beneficial owners;",[352,1090,1091],{},"shareholders;",[352,1093,1094],{},"authorised representatives;",[352,1096,1097],{},"business registration details;",[352,1099,1100],{},"tax information;",[352,1102,1103],{},"banking information;",[352,1105,1106],{},"trading history;",[352,1108,1109],{},"financial standing;",[352,1111,1112],{},"source of funds;",[352,1114,1115],{},"source of wealth where required;",[352,1117,1118],{},"sanctions screening;",[352,1120,1121],{},"politically exposed person (PEP) screening;",[352,1123,1124],{},"adverse media screening;",[352,1126,1127],{},"fraud databases;",[352,1129,1130],{},"credit bureau information where permitted by law; and",[352,1132,1133],{},"any other information reasonably required to assess risk.",[268,1135,1136],{},"The Merchant shall provide all requested information promptly and accurately.",[268,1138,1139],{},"Failure to do so may result in delayed onboarding, suspension or termination of the Services.",[282,1141],{},[341,1143,1145],{"id":1144},"_74-ongoing-due-diligence","7.4 Ongoing Due Diligence",[268,1147,1148],{},"The Merchant acknowledges that compliance obligations continue after account approval.",[268,1150,1151],{},"Kwik may request updated documentation or information at any time, including but not limited to:",[349,1153,1154,1157,1160,1163,1166,1169,1172,1175,1178,1181],{},[352,1155,1156],{},"company registration documents;",[352,1158,1159],{},"proof of address;",[352,1161,1162],{},"banking confirmation;",[352,1164,1165],{},"identity documents;",[352,1167,1168],{},"financial statements;",[352,1170,1171],{},"ownership information;",[352,1173,1174],{},"organisational structure;",[352,1176,1177],{},"licences;",[352,1179,1180],{},"regulatory approvals; or",[352,1182,1183],{},"any other information reasonably required.",[268,1185,1186],{},"Failure to provide the requested information within the specified timeframe may result in restrictions, suspension or termination of the Services.",[282,1188],{},[341,1190,1192],{"id":1191},"_75-changes-to-merchant-information","7.5 Changes to Merchant Information",[268,1194,1195],{},"The Merchant must notify Kwik in writing without undue delay of any material change relating to its business, including:",[349,1197,1198,1201,1204,1207,1209,1211,1214,1217,1220,1223,1226,1229,1232,1235,1238],{},[352,1199,1200],{},"legal name;",[352,1202,1203],{},"trading name;",[352,1205,1206],{},"ownership;",[352,1208,1085],{},[352,1210,1091],{},[352,1212,1213],{},"beneficial ownership;",[352,1215,1216],{},"registered address;",[352,1218,1219],{},"contact details;",[352,1221,1222],{},"banking details;",[352,1224,1225],{},"products or services sold;",[352,1227,1228],{},"website or application;",[352,1230,1231],{},"expected transaction volumes;",[352,1233,1234],{},"jurisdictions in which the Merchant operates;",[352,1236,1237],{},"regulatory status; or",[352,1239,1240],{},"any other information that may affect the Merchant's risk profile.",[268,1242,1243],{},"Until such changes have been verified by Kwik, Kwik may suspend or limit the affected Services.",[282,1245],{},[285,1247,1249],{"id":1248},"_8-merchant-representations-and-warranties","8. Merchant Representations and Warranties",[268,1251,1252],{},"The Merchant represents and warrants, both on the Effective Date and throughout the duration of this Agreement, that:",[341,1254,1256],{"id":1255},"_81-legal-authority","8.1 Legal Authority",[268,1258,1259],{},"The Merchant:",[349,1261,1262,1265,1268,1271,1274],{},[352,1263,1264],{},"has full legal capacity and authority to enter into this Agreement;",[352,1266,1267],{},"has obtained all necessary corporate approvals;",[352,1269,1270],{},"is legally entitled to conduct its business;",[352,1272,1273],{},"is authorised to use the Services; and",[352,1275,1276],{},"will comply with all Applicable Laws.",[282,1278],{},[341,1280,1282],{"id":1281},"_82-accuracy-of-information","8.2 Accuracy of Information",[268,1284,1285],{},"The Merchant warrants that:",[349,1287,1288,1291,1294,1297],{},[352,1289,1290],{},"all information supplied to Kwik is complete, accurate and not misleading;",[352,1292,1293],{},"no material information has been omitted;",[352,1295,1296],{},"documents supplied are genuine and current; and",[352,1298,1299],{},"any information provided in the future will remain accurate.",[282,1301],{},[341,1303,1305],{"id":1304},"_83-business-activities","8.3 Business Activities",[268,1307,1285],{},[349,1309,1310,1313,1316,1319,1322],{},[352,1311,1312],{},"its business activities are lawful;",[352,1314,1315],{},"it owns or is authorised to sell all products and services offered;",[352,1317,1318],{},"it possesses all licences and permits required for its business;",[352,1320,1321],{},"its products and services do not infringe any third-party rights; and",[352,1323,1324],{},"it will not use the Services for any unlawful, fraudulent or prohibited purpose.",[282,1326],{},[341,1328,1330],{"id":1329},"_84-compliance","8.4 Compliance",[268,1332,1333],{},"The Merchant warrants that it will comply with:",[349,1335,1336,1339,1342,1345,1348,1351,1354,1357,1360,1363],{},[352,1337,1338],{},"Applicable Laws;",[352,1340,1341],{},"consumer protection legislation;",[352,1343,1344],{},"anti-money laundering legislation;",[352,1346,1347],{},"sanctions requirements;",[352,1349,1350],{},"tax legislation;",[352,1352,1353],{},"payment network rules;",[352,1355,1356],{},"acquiring bank requirements;",[352,1358,1359],{},"card scheme rules;",[352,1361,1362],{},"security standards communicated by Kwik; and",[352,1364,1365],{},"any reasonable operational requirements issued by Kwik.",[282,1367],{},[341,1369,1371],{"id":1370},"_85-financial-standing","8.5 Financial Standing",[268,1373,1374],{},"The Merchant represents that:",[349,1376,1377,1380,1383,1386,1389],{},[352,1378,1379],{},"it is solvent;",[352,1381,1382],{},"it is able to pay its debts as they fall due;",[352,1384,1385],{},"no insolvency proceedings have commenced against it;",[352,1387,1388],{},"it is not subject to business rescue, liquidation, administration or similar proceedings unless previously disclosed to Kwik; and",[352,1390,1391],{},"entering into this Agreement will not breach any other contractual obligation.",[268,1393,1394],{},"The Merchant shall immediately notify Kwik if any of these representations cease to be accurate.",[282,1396],{},[341,1398,1400],{"id":1399},"_86-no-circumvention","8.6 No Circumvention",[268,1402,1403],{},"The Merchant shall not intentionally structure transactions, alter transaction data, misrepresent goods or services, split transactions, or otherwise attempt to circumvent:",[349,1405,1406,1409,1411,1414,1416,1419,1421,1424],{},[352,1407,1408],{},"pricing;",[352,1410,449],{},[352,1412,1413],{},"fraud controls;",[352,1415,1118],{},[352,1417,1418],{},"monitoring systems;",[352,1420,1359],{},[352,1422,1423],{},"acquiring bank rules; or",[352,1425,1426],{},"Applicable Laws.",[282,1428],{},[341,1430,1432],{"id":1431},"_87-no-sub-facilitation","8.7 No Sub-Facilitation",[268,1434,1435],{},"The Merchant represents and warrants that it is not itself a payment facilitator, payment aggregator, payment service provider, or similar entity that onboards, processes, or settles card transactions on behalf of its own underlying merchants or sub-merchants using the Services, unless the Merchant has been expressly approved by Kwik in writing to operate in that capacity and has entered into a separate agreement with Kwik governing that arrangement.",[268,1437,1438],{},"The Merchant shall not resell, sublicense, or otherwise make the Services available to any third party for that third party's own card acceptance, except as expressly approved by Kwik in writing.",[282,1440],{},[341,1442,1444],{"id":1443},"_88-card-scheme-history","8.8 Card Scheme History",[268,1446,1447],{},"The Merchant represents and warrants that neither the Merchant, nor, to the Merchant's knowledge, any of its directors, officers, or beneficial owners, has previously had a merchant agreement or card acceptance privileges with Visa, Mastercard, or any other Card Scheme terminated at the direction of that Card Scheme, an acquiring or sponsoring bank, a regulatory authority, or a court of law, including listing on any Card Scheme's terminated merchant file (including the Mastercard MATCH system or equivalent), unless this has been fully disclosed to Kwik in writing prior to onboarding.",[282,1449],{},[341,1451,1453],{"id":1452},"_89-continuing-representations","8.9 Continuing Representations",[268,1455,1456],{},"Each representation and warranty contained in this Agreement is deemed to be repeated on each day that the Merchant uses the Services.",[268,1458,1459],{},"Where any representation becomes inaccurate, the Merchant shall immediately notify Kwik.",[268,1461,1462],{},"Failure to do so constitutes a material breach of this Agreement.",[282,1464],{},[285,1466,1468],{"id":1467},"_9-merchant-obligations","9. Merchant Obligations",[268,1470,1471],{},"The Merchant shall:",[349,1473,1474,1477,1480,1483,1486,1489,1492,1495,1498,1501,1504],{},[352,1475,1476],{},"operate its business honestly and in good faith;",[352,1478,1479],{},"provide accurate information to customers;",[352,1481,1482],{},"honour all legitimate transactions;",[352,1484,1485],{},"deliver products and services as advertised;",[352,1487,1488],{},"maintain adequate customer support;",[352,1490,1491],{},"respond promptly to customer complaints;",[352,1493,1494],{},"maintain commercially reasonable fraud prevention measures;",[352,1496,1497],{},"cooperate with investigations conducted by Kwik, acquiring banks or regulators;",[352,1499,1500],{},"maintain sufficient financial resources to satisfy refunds, reversals, chargebacks, fees and other liabilities;",[352,1502,1503],{},"maintain accurate accounting records relating to transactions processed through the Services; and",[352,1505,1506],{},"promptly report any actual or suspected fraud, data breach or security incident affecting the Services.",[268,1508,1509],{},"The Merchant remains fully responsible for all activity performed under its Account, including activity undertaken by its employees, contractors, agents and authorised users.",[285,1511,1513],{"id":1512},"_10-payment-processing-services","10. Payment Processing Services",[341,1515,1517],{"id":1516},"_101-provision-of-the-services","10.1 Provision of the Services",[268,1519,1520],{},"Subject to this Agreement, Kwik may provide the Merchant with access to one or more payment processing services.",[268,1522,1523],{},"The Services may include:",[349,1525,1526,1529,1532,1535,1538,1541,1544,1547,1550,1553,1556,1559,1562,1565,1568,1571,1574],{},[352,1527,1528],{},"Card Payments;",[352,1530,1531],{},"Apple Pay;",[352,1533,1534],{},"Google Pay;",[352,1536,1537],{},"Zapper;",[352,1539,1540],{},"SnapScan;",[352,1542,1543],{},"Ozow (Pay by Bank);",[352,1545,1546],{},"MoneyBadger;",[352,1548,1549],{},"1Voucher;",[352,1551,1552],{},"Pay@;",[352,1554,1555],{},"PayShap;",[352,1557,1558],{},"Payment Links;",[352,1560,1561],{},"Hosted Checkout;",[352,1563,1564],{},"Embedded Checkout;",[352,1566,1567],{},"API integrations;",[352,1569,1570],{},"Refund processing;",[352,1572,1573],{},"Payout services; and",[352,1575,1576],{},"any other payment methods approved by Kwik from time to time.",[268,1578,1579],{},"Kwik may add, remove, suspend or modify any Service at its discretion where reasonably necessary for operational, commercial, regulatory, security or risk management purposes.",[282,1581],{},[341,1583,1585],{"id":1584},"_102-payment-method-availability","10.2 Payment Method Availability",[268,1587,1588],{},"Not every Merchant will qualify for every payment method.",[268,1590,1591],{},"Activation of a payment method is subject to:",[349,1593,1594,1597,1600,1603,1606,1609,1612,1615],{},[352,1595,1596],{},"underwriting requirements;",[352,1598,1599],{},"risk assessments;",[352,1601,1602],{},"approval by Kwik;",[352,1604,1605],{},"approval by acquiring or sponsoring banks;",[352,1607,1608],{},"approval by payment partners;",[352,1610,1611],{},"technical integration requirements;",[352,1613,1614],{},"regulatory requirements; and",[352,1616,1617],{},"any additional conditions communicated by Kwik.",[268,1619,1620],{},"Kwik may withdraw approval for any payment method without affecting the remainder of this Agreement.",[282,1622],{},[341,1624,1626],{"id":1625},"_103-third-party-providers","10.3 Third-Party Providers",[268,1628,1629],{},"The Merchant acknowledges that certain Services are facilitated through third-party providers including:",[349,1631,1632,1635,1638,1641,1644,1647,1650,1653],{},[352,1633,1634],{},"acquiring banks;",[352,1636,1637],{},"sponsoring banks;",[352,1639,1640],{},"payment networks;",[352,1642,1643],{},"payment schemes;",[352,1645,1646],{},"payment processors;",[352,1648,1649],{},"payment partners;",[352,1651,1652],{},"banking institutions; and",[352,1654,1655],{},"other authorised financial service providers.",[268,1657,1658],{},"The Merchant agrees to comply with all operating rules applicable to those Services.",[268,1660,1661],{},"Where a third-party provider imposes restrictions or suspends a payment method, Kwik may immediately implement those restrictions without prior notice.",[268,1663,1664,1665,1667,1668,1671],{},"For Card Payments, the Merchant acknowledges that Kwik processes transactions under the sponsorship of an acquiring bank licensed to conduct acquiring activities in the Republic of South Africa, as a member of the applicable Card Schemes. Kwik's current acquiring bank for Card Payments, and any change thereto, will be disclosed at: ",[271,1666,175],{},". As at the Effective Date, Kwik's acquiring bank for Card Payments is ",[271,1669,1670],{},"Absa Bank Limited"," (registration number 1986\u002F004794\u002F06).",[282,1673],{},[341,1675,1677],{"id":1676},"_104-transaction-processing","10.4 Transaction Processing",[268,1679,1680],{},"Kwik will use commercially reasonable efforts to process payment transactions submitted by the Merchant.",[268,1682,1683],{},"Processing includes, where applicable:",[349,1685,1686,1689,1692,1695,1698,1701,1704,1707,1710],{},[352,1687,1688],{},"receiving transaction requests;",[352,1690,1691],{},"validating transaction data;",[352,1693,1694],{},"transmitting payment requests;",[352,1696,1697],{},"obtaining authorisation responses;",[352,1699,1700],{},"processing captures;",[352,1702,1703],{},"facilitating settlement instructions;",[352,1705,1706],{},"processing refunds;",[352,1708,1709],{},"initiating payout instructions; and",[352,1711,1712],{},"providing transaction reporting.",[268,1714,1715],{},"Kwik does not guarantee that every transaction will be authorised, completed or settled.",[282,1717],{},[341,1719,1721],{"id":1720},"_105-authorisations","10.5 Authorisations",[268,1723,1724],{},"An authorisation only confirms that, at the time of authorisation:",[349,1726,1727,1730,1733],{},[352,1728,1729],{},"the payment method appears valid;",[352,1731,1732],{},"the transaction satisfies applicable authorisation rules; and",[352,1734,1735],{},"sufficient approval has been received from the relevant payment provider.",[268,1737,1738,1739,474],{},"An authorisation is ",[271,1740,1741],{},"not",[349,1743,1744,1747,1750,1753,1756],{},[352,1745,1746],{},"confirmation of final settlement;",[352,1748,1749],{},"confirmation that funds will be received;",[352,1751,1752],{},"confirmation that a transaction cannot later be reversed;",[352,1754,1755],{},"confirmation that fraud has not occurred; or",[352,1757,1758],{},"confirmation that a Chargeback cannot arise.",[282,1760],{},[341,1762,1764],{"id":1763},"_106-settlement","10.6 Settlement",[268,1766,1767],{},"Settlement of transactions is subject to:",[349,1769,1770,1772,1775,1778,1781,1784,1787,1790,1793,1796],{},[352,1771,1353],{},[352,1773,1774],{},"banking processes;",[352,1776,1777],{},"fraud monitoring;",[352,1779,1780],{},"compliance reviews;",[352,1782,1783],{},"reserve requirements;",[352,1785,1786],{},"transaction verification;",[352,1788,1789],{},"operational delays;",[352,1791,1792],{},"technical issues;",[352,1794,1795],{},"Applicable Law; and",[352,1797,1798],{},"any other conditions communicated by Kwik.",[268,1800,1801],{},"Estimated settlement timeframes published by Kwik are indicative only and do not constitute contractual guarantees.",[282,1803],{},[341,1805,1807],{"id":1806},"_107-transaction-acceptance","10.7 Transaction Acceptance",[268,1809,1810],{},"The Merchant is solely responsible for deciding whether to accept or fulfil an order.",[268,1812,1813],{},"Kwik provides payment processing services only and does not:",[349,1815,1816,1819,1822,1825,1828,1831],{},[352,1817,1818],{},"verify the legitimacy of customers;",[352,1820,1821],{},"guarantee payment;",[352,1823,1824],{},"guarantee delivery;",[352,1826,1827],{},"guarantee customer identity;",[352,1829,1830],{},"guarantee customer solvency; or",[352,1832,1833],{},"guarantee that a transaction will not later become fraudulent.",[282,1835],{},[341,1837,1839],{"id":1838},"_108-transaction-monitoring","10.8 Transaction Monitoring",[268,1841,1842],{},"Kwik may monitor transactions at any time for purposes including:",[349,1844,1845,1848,1851,1854,1857,1860,1863,1866,1869,1872],{},[352,1846,1847],{},"fraud prevention;",[352,1849,1850],{},"anti-money laundering;",[352,1852,1853],{},"sanctions compliance;",[352,1855,1856],{},"suspicious activity reporting;",[352,1858,1859],{},"operational risk;",[352,1861,1862],{},"payment network compliance;",[352,1864,1865],{},"dispute management;",[352,1867,1868],{},"transaction quality;",[352,1870,1871],{},"regulatory obligations; and",[352,1873,1874],{},"security.",[268,1876,1877],{},"Where unusual activity is detected, Kwik may:",[349,1879,1880,1883,1886,1889,1892,1895,1898,1901],{},[352,1881,1882],{},"request additional information;",[352,1884,1885],{},"delay processing;",[352,1887,1888],{},"hold settlement;",[352,1890,1891],{},"decline transactions;",[352,1893,1894],{},"suspend payment methods;",[352,1896,1897],{},"impose processing limits;",[352,1899,1900],{},"request additional security; or",[352,1902,1903],{},"suspend the Merchant Account.",[268,1905,1906],{},"Kwik is not liable for any losses arising from actions reasonably taken to protect the integrity of the Services.",[282,1908],{},[341,1910,1912],{"id":1911},"_109-prohibited-transactions","10.9 Prohibited Transactions",[268,1914,1915],{},"The Merchant shall not submit transactions that:",[349,1917,1918,1921,1924,1927,1930,1933,1936,1939,1942,1945,1948,1951,1954,1957],{},[352,1919,1920],{},"are unlawful;",[352,1922,1923],{},"are fraudulent;",[352,1925,1926],{},"involve prohibited goods or services;",[352,1928,1929],{},"are intentionally misrepresented;",[352,1931,1932],{},"circumvent payment network rules;",[352,1934,1935],{},"circumvent transaction limits;",[352,1937,1938],{},"artificially inflate transaction volumes;",[352,1940,1941],{},"manipulate authorisation processes;",[352,1943,1944],{},"constitute money laundering;",[352,1946,1947],{},"facilitate terrorist financing;",[352,1949,1950],{},"breach sanctions laws;",[352,1952,1953],{},"are self-funded transactions intended to obtain cash or credit;",[352,1955,1956],{},"have no genuine commercial purpose; or",[352,1958,1959],{},"otherwise breach this Agreement or the Acceptable Use Policy.",[268,1961,1962],{},"Kwik may immediately refuse, reverse, suspend or investigate any such transaction.",[282,1964],{},[341,1966,1968],{"id":1967},"_1010-customer-authentication","10.10 Customer Authentication",[268,1970,1971],{},"Where supported, Kwik may require customer authentication mechanisms including:",[349,1973,1974,1977,1980,1983,1986,1989,1992],{},[352,1975,1976],{},"3-D Secure;",[352,1978,1979],{},"biometric authentication;",[352,1981,1982],{},"device authentication;",[352,1984,1985],{},"wallet authentication;",[352,1987,1988],{},"issuer authentication;",[352,1990,1991],{},"strong customer authentication; or",[352,1993,1994],{},"any successor technologies.",[268,1996,1997],{},"The Merchant agrees not to interfere with or attempt to bypass these security mechanisms.",[282,1999],{},[341,2001,2003],{"id":2002},"_1011-payment-method-rules","10.11 Payment Method Rules",[268,2005,2006],{},"Certain payment methods are governed by additional operating rules imposed by third-party providers.",[268,2008,2009],{},"The Merchant acknowledges that:",[349,2011,2012,2015,2018,2021,2024,2027,2030,2033,2036],{},[352,2013,2014],{},"Apple Pay transactions remain subject to applicable card scheme rules;",[352,2016,2017],{},"Google Pay transactions remain subject to applicable card scheme rules;",[352,2019,2020],{},"Ozow transactions remain subject to Ozow operating rules;",[352,2022,2023],{},"MoneyBadger transactions remain subject to MoneyBadger operating rules;",[352,2025,2026],{},"Zapper transactions remain subject to Zapper operating rules;",[352,2028,2029],{},"SnapScan transactions remain subject to SnapScan operating rules;",[352,2031,2032],{},"Pay@ transactions remain subject to Pay@ operating rules;",[352,2034,2035],{},"PayShap transactions remain subject to banking and PayShap operating rules;",[352,2037,2038],{},"1Voucher transactions remain subject to 1Voucher operating rules.",[268,2040,2041],{},"Where a conflict exists between this Agreement and mandatory operating rules imposed by a payment provider, the mandatory operating rules shall prevail to the extent of the conflict.",[282,2043],{},[341,2045,2047],{"id":2046},"_1012-service-availability","10.12 Service Availability",[268,2049,2050],{},"Kwik will use commercially reasonable efforts to make the Services available.",[268,2052,2053],{},"However, the Services may become unavailable due to:",[349,2055,2056,2059,2062,2065,2068,2071,2074,2077,2080,2083],{},[352,2057,2058],{},"scheduled maintenance;",[352,2060,2061],{},"emergency maintenance;",[352,2063,2064],{},"failures of third-party providers;",[352,2066,2067],{},"banking outages;",[352,2069,2070],{},"telecommunications failures;",[352,2072,2073],{},"internet disruptions;",[352,2075,2076],{},"cyber incidents;",[352,2078,2079],{},"fraud prevention measures;",[352,2081,2082],{},"force majeure events; or",[352,2084,2085],{},"circumstances beyond Kwik's reasonable control.",[268,2087,2088],{},"Kwik does not guarantee uninterrupted or error-free operation of the Services.",[282,2090],{},[341,2092,2094],{"id":2093},"_1013-beta-or-preview-services","10.13 Beta or Preview Services",[268,2096,2097],{},"Kwik may make beta, pilot, early access or preview features available to selected Merchants.",[268,2099,2100],{},"Such Services:",[349,2102,2103,2106,2109,2112,2115],{},[352,2104,2105],{},"may change without notice;",[352,2107,2108],{},"may contain defects;",[352,2110,2111],{},"may be discontinued at any time;",[352,2113,2114],{},"may not be suitable for production use; and",[352,2116,2117],{},"are provided \"as is\" without any warranty unless otherwise agreed in writing.",[268,2119,2120],{},"The Merchant uses such Services entirely at its own risk.",[285,2122,2124],{"id":2123},"_11-merchant-account-and-settlement","11. Merchant Account and Settlement",[341,2126,2128],{"id":2127},"_111-merchant-account","11.1 Merchant Account",[268,2130,2131],{},"Upon approval, Kwik will establish a Merchant Account through which the Merchant may access the Services.",[268,2133,2134],{},"The Merchant Account may include:",[349,2136,2137,2140,2143,2146,2149,2152,2155,2158,2161],{},[352,2138,2139],{},"transaction reporting;",[352,2141,2142],{},"settlement information;",[352,2144,2145],{},"payout management;",[352,2147,2148],{},"refund management;",[352,2150,2151],{},"payment method configuration;",[352,2153,2154],{},"API credentials;",[352,2156,2157],{},"user management;",[352,2159,2160],{},"account settings; and",[352,2162,2163],{},"other functionality made available by Kwik.",[268,2165,2166],{},"The Merchant is responsible for maintaining accurate information within its Merchant Account.",[282,2168],{},[341,2170,2172],{"id":2171},"_112-merchant-bank-account","11.2 Merchant Bank Account",[268,2174,2175],{},"The Merchant must nominate one or more bank accounts approved by Kwik for the receipt of settlements and, where applicable, the funding of refunds, reversals, fees and other liabilities.",[268,2177,2178],{},"Unless otherwise agreed in writing by Kwik, all nominated bank accounts must be held with a bank licensed and operating within the Republic of South Africa. Kwik will not settle funds, or make any payout, to a bank account held outside the Republic of South Africa.",[268,2180,2181],{},"Kwik may require documentary evidence confirming ownership of any nominated bank account.",[268,2183,2184],{},"Settlement may only be made to bank accounts approved by Kwik.",[268,2186,2187],{},"Kwik may refuse to settle funds to any account that:",[349,2189,2190,2193,2196,2199,2202],{},[352,2191,2192],{},"cannot be verified;",[352,2194,2195],{},"is not held in the Merchant's name unless otherwise approved;",[352,2197,2198],{},"is not held with a bank licensed and operating within the Republic of South Africa;",[352,2200,2201],{},"presents an increased compliance or fraud risk; or",[352,2203,2204],{},"is prohibited by Applicable Law.",[282,2206],{},[341,2208,2210],{"id":2209},"_113-changes-to-banking-details","11.3 Changes to Banking Details",[268,2212,2213],{},"Any request to change settlement banking details may be subject to additional verification.",[268,2215,2216],{},"Kwik may delay settlements until all verification procedures have been successfully completed.",[268,2218,2219],{},"Kwik shall not be liable for delays arising from reasonable verification procedures.",[282,2221],{},[341,2223,2225],{"id":2224},"_114-settlement-currency","11.4 Settlement Currency",[268,2227,2228],{},"Unless otherwise agreed in writing, settlements will be made in South African Rand (ZAR).",[268,2230,2231],{},"Where foreign currency transactions are supported, settlement shall be subject to:",[349,2233,2234,2237,2240,2243,2246],{},[352,2235,2236],{},"exchange rates;",[352,2238,2239],{},"currency conversion costs;",[352,2241,2242],{},"acquiring bank rules;",[352,2244,2245],{},"applicable regulatory requirements; and",[352,2247,2248],{},"any pricing agreed with the Merchant.",[282,2250],{},[285,2252,2254],{"id":2253},"_12-settlement-of-funds","12. Settlement of Funds",[341,2256,2258],{"id":2257},"_121-settlement-process","12.1 Settlement Process",[268,2260,2261],{},"Subject to this Agreement, Kwik will instruct settlement of cleared funds to the Merchant after deducting any applicable:",[349,2263,2264,2267,2270,2273,2276,2279,2282,2285,2288],{},[352,2265,2266],{},"fees;",[352,2268,2269],{},"taxes;",[352,2271,2272],{},"refunds;",[352,2274,2275],{},"reversals;",[352,2277,2278],{},"chargebacks;",[352,2280,2281],{},"reserves;",[352,2283,2284],{},"security amounts;",[352,2286,2287],{},"adjustments; and",[352,2289,2290],{},"any other amounts owed by the Merchant.",[268,2292,2293],{},"Settlement timeframes published by Kwik are estimates only and are not guaranteed.",[282,2295],{},[341,2297,2299],{"id":2298},"_122-cleared-funds","12.2 Cleared Funds",[268,2301,2302],{},"Funds shall only become eligible for settlement once they have been irrevocably received by the acquiring bank or applicable payment partner and all applicable fraud, compliance and operational checks have been completed.",[268,2304,2305],{},"Authorised transactions are not necessarily cleared funds.",[282,2307],{},[341,2309,2311],{"id":2310},"_123-settlement-delays","12.3 Settlement Delays",[268,2313,2314],{},"Kwik may delay settlement where reasonably necessary, including where:",[349,2316,2317,2320,2323,2326,2329,2332,2335,2338,2341,2344],{},[352,2318,2319],{},"fraud is suspected;",[352,2321,2322],{},"transaction patterns materially change;",[352,2324,2325],{},"excessive disputes arise;",[352,2327,2328],{},"additional verification is required;",[352,2330,2331],{},"regulatory obligations require further investigation;",[352,2333,2334],{},"payment partners delay settlement;",[352,2336,2337],{},"banking systems experience delays;",[352,2339,2340],{},"legal proceedings affect the Merchant;",[352,2342,2343],{},"insolvency concerns arise; or",[352,2345,2346],{},"Kwik reasonably believes that settlement would expose Kwik or any payment partner to financial loss.",[282,2348],{},[341,2350,2352],{"id":2351},"_124-no-interest","12.4 No Interest",[268,2354,2355],{},"Unless expressly required by Applicable Law, the Merchant shall not be entitled to interest on any funds held, delayed or reserved by Kwik.",[282,2357],{},[341,2359,2361],{"id":2360},"_125-settlement-adjustments","12.5 Settlement Adjustments",[268,2363,2364],{},"Kwik may correct any settlement error at any time, including errors arising from:",[349,2366,2367,2370,2373,2376,2379,2382,2385,2388],{},[352,2368,2369],{},"duplicate settlements;",[352,2371,2372],{},"duplicate transactions;",[352,2374,2375],{},"processing errors;",[352,2377,2378],{},"calculation errors;",[352,2380,2381],{},"technical failures;",[352,2383,2384],{},"banking adjustments;",[352,2386,2387],{},"payment partner adjustments; or",[352,2389,2390],{},"administrative mistakes.",[268,2392,2393],{},"Kwik may recover any incorrectly settled amount in accordance with this Agreement.",[282,2395],{},[285,2397,2399],{"id":2398},"_13-turnover-thresholds-deferred-delivery-and-high-risk-merchants","13. Turnover Thresholds, Deferred Delivery and High-Risk Merchants",[341,2401,2403],{"id":2402},"_131-pasa-and-card-scheme-turnover-thresholds","13.1 PASA and Card Scheme Turnover Thresholds",[268,2405,2406],{},"Kwik facilitates card transactions as a payment facilitator under the sponsorship of its acquiring and sponsoring banks, and is subject to turnover thresholds prescribed from time to time by the Payments Association of South Africa (\"PASA\") and the applicable Card Schemes.",[268,2408,2409],{},"Where Kwik determines that the Merchant's transaction volume processed through the Services exceeds, or is reasonably likely to exceed, the applicable PASA or Card Scheme turnover threshold, Kwik may require the Merchant to establish a direct relationship with an acquiring bank.",[268,2411,2412],{},"The Merchant shall reasonably cooperate with Kwik, and with any acquiring bank nominated by Kwik, to facilitate this transition, including by providing any documentation, information, or undertakings reasonably required.",[268,2414,2415],{},"Kwik may suspend or limit the Merchant's processing volumes where reasonably necessary to remain within applicable thresholds pending completion of this transition.",[268,2417,2418],{},"Where the Merchant fails to reasonably cooperate with a required transition under this clause, and Kwik or its sponsoring or acquiring bank incurs a penalty, fine, or assessment from PASA or a Card Scheme as a direct result, the Merchant shall reimburse Kwik for that penalty, fine, or assessment.",[282,2420],{},[341,2422,2424],{"id":2423},"_132-deferred-delivery-merchants","13.2 Deferred Delivery Merchants",[268,2426,2427,2428,2431],{},"Where the Merchant sells goods or services that require payment to be collected in advance of delivery or performance (\"",[271,2429,2430],{},"Deferred Delivery","\"), including pre-orders, custom orders, bookings, travel, events, or subscriptions delivered over time, Kwik may require the Merchant to provide additional Security under Section 14 (Merchant Reserve and Financial Security) calculated by reference to the Merchant's outstanding delivery obligations.",[268,2433,2434],{},"The Merchant shall promptly provide Kwik, or Kwik's acquiring or sponsoring bank, with any information reasonably required to assess and calculate this Security.",[268,2436,2437],{},"Kwik may decline to activate, or may suspend, Card Payments for a Deferred Delivery Merchant until the required Security has been provided.",[282,2439],{},[341,2441,2443],{"id":2442},"_133-high-risk-and-card-not-present-merchants","13.3 High-Risk and Card-Not-Present Merchants",[268,2445,2446,2447,2450],{},"Where the Merchant's business is identified, by Kwik, an acquiring bank, or a Card Scheme, as presenting elevated brand or fraud risk (\"",[271,2448,2449],{},"High-Risk Merchant","\"), the Merchant shall accurately disclose its business activities, products, and merchant category to Kwik to enable correct classification and, where required, registration with the applicable Card Scheme.",[268,2452,2453],{},"Kwik may decline to process, or may suspend, card-not-present transactions for a High-Risk Merchant until any registration or approval required by a Card Scheme or acquiring bank, including registration as a high-risk merchant under applicable Card Scheme programmes, has been obtained.",[268,2455,2456],{},"Misrepresentation by the Merchant of its business activities or merchant category is a material breach of this Agreement.",[282,2458],{},[285,2460,2462],{"id":2461},"_14-merchant-reserve-and-financial-security","14. Merchant Reserve and Financial Security",[341,2464,2466],{"id":2465},"_141-right-to-require-security","14.1 Right to Require Security",[268,2468,2469],{},"Kwik may require the Merchant to provide financial security where reasonably necessary to protect Kwik, its banking partners, payment partners or customers.",[268,2471,2472],{},"Such security may include:",[349,2474,2475,2478,2481,2484,2487,2490,2493,2496,2499,2502],{},[352,2476,2477],{},"rolling reserves;",[352,2479,2480],{},"fixed reserves;",[352,2482,2483],{},"cash deposits;",[352,2485,2486],{},"guarantees;",[352,2488,2489],{},"letters of credit;",[352,2491,2492],{},"parent company guarantees;",[352,2494,2495],{},"director guarantees where agreed;",[352,2497,2498],{},"insurance;",[352,2500,2501],{},"collateral; or",[352,2503,2504],{},"any other security reasonably acceptable to Kwik.",[268,2506,2507],{},"The amount and form of security shall be determined by Kwik based on the Merchant's risk profile.",[282,2509],{},[341,2511,2513],{"id":2512},"_142-review-of-reserve-requirements","14.2 Review of Reserve Requirements",[268,2515,2516],{},"Kwik may review reserve requirements at any time.",[268,2518,2519],{},"Factors considered may include:",[349,2521,2522,2525,2528,2531,2534,2537,2540,2543,2546,2549,2552,2555,2558],{},[352,2523,2524],{},"transaction volume;",[352,2526,2527],{},"average transaction value;",[352,2529,2530],{},"chargeback ratios;",[352,2532,2533],{},"refund ratios;",[352,2535,2536],{},"fraud rates;",[352,2538,2539],{},"business model;",[352,2541,2542],{},"financial condition;",[352,2544,2545],{},"industry sector;",[352,2547,2548],{},"regulatory changes;",[352,2550,2551],{},"payment method risk;",[352,2553,2554],{},"customer complaints;",[352,2556,2557],{},"historic performance; and",[352,2559,2560],{},"any other risk factors considered relevant.",[268,2562,2563],{},"Kwik may increase, decrease or remove reserve requirements at its discretion.",[282,2565],{},[341,2567,2569],{"id":2568},"_143-holding-of-reserves","14.3 Holding of Reserves",[268,2571,2572],{},"Any reserve held under this Agreement may be retained until Kwik reasonably determines that all actual or potential liabilities relating to the relevant transactions have expired or have otherwise been satisfied.",[282,2574],{},[341,2576,2578],{"id":2577},"_144-application-of-reserve-funds","14.4 Application of Reserve Funds",[268,2580,2581],{},"Kwik may apply reserve funds towards any amount owed by the Merchant under this Agreement, including:",[349,2583,2584,2586,2588,2590,2593,2596,2599,2602,2605],{},[352,2585,2278],{},[352,2587,2272],{},[352,2589,2275],{},[352,2591,2592],{},"scheme assessments;",[352,2594,2595],{},"bank penalties;",[352,2597,2598],{},"processing fees;",[352,2600,2601],{},"interest where applicable;",[352,2603,2604],{},"legal costs recoverable under this Agreement; and",[352,2606,2607],{},"any other liability owed by the Merchant.",[282,2609],{},[285,2611,2613],{"id":2612},"_15-negative-balances-and-right-of-recovery","15. Negative Balances and Right of Recovery",[341,2615,2617],{"id":2616},"_151-merchant-liability","15.1 Merchant Liability",[268,2619,2620],{},"The Merchant remains fully liable for all obligations arising from transactions processed through the Services, regardless of whether settlement has already occurred.",[268,2622,2623],{},"This liability continues after suspension or termination of the Services.",[282,2625],{},[341,2627,2629],{"id":2628},"_152-negative-balance","15.2 Negative Balance",[268,2631,2632],{},"A negative balance may arise for various reasons, including:",[349,2634,2635,2637,2639,2641,2644,2647,2650,2652,2655,2658,2661],{},[352,2636,2278],{},[352,2638,2272],{},[352,2640,2275],{},[352,2642,2643],{},"bank adjustments;",[352,2645,2646],{},"payment partner recoveries;",[352,2648,2649],{},"fraud losses;",[352,2651,2375],{},[352,2653,2654],{},"scheme fines;",[352,2656,2657],{},"regulatory penalties attributable to the Merchant;",[352,2659,2660],{},"unpaid fees; or",[352,2662,2663],{},"any other amount owed under this Agreement.",[268,2665,2666],{},"The Merchant shall immediately repay any negative balance upon demand.",[282,2668],{},[341,2670,2672],{"id":2671},"_153-right-of-set-off","15.3 Right of Set-Off",[268,2674,2675],{},"To the fullest extent permitted by law, Kwik may set off any amount owed by the Merchant against:",[349,2677,2678,2681,2684,2687,2690,2693],{},[352,2679,2680],{},"future settlements;",[352,2682,2683],{},"reserve funds;",[352,2685,2686],{},"security held by Kwik;",[352,2688,2689],{},"refunds payable to the Merchant;",[352,2691,2692],{},"any funds otherwise payable to the Merchant; or",[352,2694,2695],{},"any other amount held by Kwik for the Merchant.",[268,2697,2698],{},"Kwik may exercise this right without prior notice where reasonably necessary to prevent financial loss.",[282,2700],{},[341,2702,2704],{"id":2703},"_154-recovery-rights","15.4 Recovery Rights",[268,2706,2707],{},"Where amounts remain outstanding, Kwik may, without limiting any other rights available under this Agreement or Applicable Law:",[349,2709,2710,2713,2716,2719,2722,2725,2728,2731,2734,2737],{},[352,2711,2712],{},"suspend settlements;",[352,2714,2715],{},"suspend Services;",[352,2717,2718],{},"retain reserve funds;",[352,2720,2721],{},"recover funds from future transactions;",[352,2723,2724],{},"debit bank accounts where authorised by law or mandate;",[352,2726,2727],{},"invoice the Merchant;",[352,2729,2730],{},"commence legal proceedings;",[352,2732,2733],{},"engage debt recovery agents;",[352,2735,2736],{},"recover reasonable legal costs where permitted by law; and",[352,2738,2739],{},"pursue any other lawful recovery mechanism.",[268,2741,2742],{},"The Merchant remains responsible for all reasonable costs incurred by Kwik in recovering outstanding amounts, to the extent permitted by Applicable Law.",[282,2744],{},[341,2746,2748],{"id":2747},"_155-survival","15.5 Survival",[268,2750,2751],{},"The obligations contained in this Section survive:",[349,2753,2754,2757,2760],{},[352,2755,2756],{},"suspension of the Merchant Account;",[352,2758,2759],{},"termination of this Agreement; and",[352,2761,2762],{},"cessation of the Merchant's use of the Services,",[268,2764,2765],{},"until all liabilities owed to Kwik have been irrevocably satisfied.",[285,2767,2769],{"id":2768},"_16-refunds-reversals-chargebacks-and-disputes","16. Refunds, Reversals, Chargebacks and Disputes",[341,2771,2773],{"id":2772},"_161-general-responsibility","16.1 General Responsibility",[268,2775,2776],{},"The Merchant accepts full responsibility for every transaction submitted through the Services.",[268,2778,2779],{},"This responsibility continues regardless of whether:",[349,2781,2782,2785,2788,2791,2794,2797],{},[352,2783,2784],{},"the transaction has settled;",[352,2786,2787],{},"the Merchant has received the settlement proceeds;",[352,2789,2790],{},"the Merchant has delivered goods or services;",[352,2792,2793],{},"the Merchant Account has been suspended;",[352,2795,2796],{},"this Agreement has terminated; or",[352,2798,2799],{},"Kwik has ceased providing Services to the Merchant.",[268,2801,2802],{},"Nothing in this Agreement transfers liability for the Merchant's transactions to Kwik.",[282,2804],{},[341,2806,2808],{"id":2807},"_162-refunds","16.2 Refunds",[268,2810,2811],{},"The Merchant may initiate refunds through the Services where supported by the applicable payment method.",[268,2813,2814],{},"Refunds are subject to:",[349,2816,2817,2820,2823,2826,2829,2832],{},[352,2818,2819],{},"available funds;",[352,2821,2822],{},"applicable payment method rules;",[352,2824,2825],{},"fraud screening;",[352,2827,2828],{},"banking requirements;",[352,2830,2831],{},"settlement status; and",[352,2833,2834],{},"any operational requirements communicated by Kwik.",[268,2836,2837],{},"Kwik may decline or delay a refund where required by law, payment network rules or operational requirements.",[268,2839,2840],{},"Refund processing fees, where applicable, remain payable even if the original transaction is later refunded.",[282,2842],{},[341,2844,2846],{"id":2845},"_163-refund-authorisation","16.3 Refund Authorisation",[268,2848,2849],{},"Only authorised users may initiate refunds.",[268,2851,2852],{},"The Merchant is solely responsible for:",[349,2854,2855,2858,2861,2864,2867],{},[352,2856,2857],{},"refund approvals;",[352,2859,2860],{},"refund amounts;",[352,2862,2863],{},"duplicate refunds;",[352,2865,2866],{},"refunds initiated by authorised users; and",[352,2868,2869],{},"any losses resulting from unauthorised access to the Merchant Account.",[282,2871],{},[341,2873,2875],{"id":2874},"_164-payment-method-limitations","16.4 Payment Method Limitations",[268,2877,2878],{},"Certain payment methods may impose restrictions regarding:",[349,2880,2881,2884,2887,2890,2893,2896,2899],{},[352,2882,2883],{},"refund periods;",[352,2885,2886],{},"partial refunds;",[352,2888,2889],{},"multiple refunds;",[352,2891,2892],{},"refund destinations;",[352,2894,2895],{},"refund currencies;",[352,2897,2898],{},"refund timing; or",[352,2900,2901],{},"refund eligibility.",[268,2903,2904],{},"Kwik shall not be responsible where such limitations are imposed by payment partners, banks or payment schemes.",[282,2906],{},[285,2908,2910],{"id":2909},"_17-chargebacks","17. Chargebacks",[341,2912,2914],{"id":2913},"_171-chargebacks","17.1 Chargebacks",[268,2916,2917],{},"The Merchant acknowledges that card transactions and certain alternative payment methods may be reversed through chargeback procedures administered by:",[349,2919,2920,2923,2925,2928,2930,2933],{},[352,2921,2922],{},"issuing banks;",[352,2924,1634],{},[352,2926,2927],{},"card schemes;",[352,2929,1649],{},[352,2931,2932],{},"payment networks; or",[352,2934,2935],{},"other authorised financial institutions.",[268,2937,2938],{},"The Merchant accepts full financial responsibility for all Chargebacks relating to its transactions.",[268,2940,2941],{},"The Merchant shall not, and shall not permit any person acting on its behalf to, require or request that a Customer waive, limit, or release any right to dispute a transaction or initiate a Chargeback, whether by way of contractual term, point-of-sale notice, terms of sale, or otherwise. Any such waiver obtained by the Merchant shall be void and of no effect as between the Merchant and Kwik, and shall not limit the Merchant's liability for the relevant Chargeback under this Agreement.",[282,2943],{},[341,2945,2947],{"id":2946},"_172-merchant-liability","17.2 Merchant Liability",[268,2949,2950],{},"The Merchant remains liable for:",[349,2952,2953,2956,2959,2962,2965,2968,2971,2974,2977],{},[352,2954,2955],{},"the transaction amount;",[352,2957,2958],{},"Chargeback fees;",[352,2960,2961],{},"bank assessments;",[352,2963,2964],{},"payment scheme assessments;",[352,2966,2967],{},"investigation costs;",[352,2969,2970],{},"administrative costs;",[352,2972,2973],{},"penalties imposed on Kwik resulting from the Merchant's conduct;",[352,2975,2976],{},"legal costs recoverable under Applicable Law; and",[352,2978,2979],{},"any related losses incurred by Kwik.",[282,2981],{},[341,2983,2985],{"id":2984},"_173-chargeback-recovery","17.3 Chargeback Recovery",[268,2987,2988],{},"Kwik may recover Chargeback liabilities by:",[349,2990,2991,2994,2997,3000,3003,3006],{},[352,2992,2993],{},"deducting them from future settlements;",[352,2995,2996],{},"applying reserve funds;",[352,2998,2999],{},"offsetting any amounts held for the Merchant;",[352,3001,3002],{},"issuing invoices;",[352,3004,3005],{},"exercising recovery rights under this Agreement; or",[352,3007,3008],{},"pursuing any other lawful remedy.",[268,3010,3011],{},"Recovery may occur immediately upon notification of the Chargeback and is not dependent on completion of the dispute process.",[282,3013],{},[341,3015,3017],{"id":3016},"_174-representment","17.4 Representment",[268,3019,3020],{},"Where supported by the applicable payment method, Kwik may permit the Merchant to dispute a Chargeback by submitting supporting evidence.",[268,3022,3023],{},"Kwik does not guarantee that any Chargeback will be successfully defended.",[268,3025,3026],{},"The final decision rests with the relevant:",[349,3028,3029,3032,3035,3038,3041],{},[352,3030,3031],{},"issuing bank;",[352,3033,3034],{},"payment scheme;",[352,3036,3037],{},"acquiring bank;",[352,3039,3040],{},"payment partner; or",[352,3042,3043],{},"authorised dispute authority.",[282,3045],{},[341,3047,3049],{"id":3048},"_175-merchant-cooperation","17.5 Merchant Cooperation",[268,3051,3052],{},"The Merchant shall promptly provide all information reasonably requested by Kwik relating to a disputed transaction.",[268,3054,3055],{},"This may include:",[349,3057,3058,3061,3064,3067,3070,3073,3076,3079,3082,3085,3088,3091],{},[352,3059,3060],{},"invoices;",[352,3062,3063],{},"receipts;",[352,3065,3066],{},"delivery confirmations;",[352,3068,3069],{},"tracking information;",[352,3071,3072],{},"customer communications;",[352,3074,3075],{},"contracts;",[352,3077,3078],{},"proof of identity;",[352,3080,3081],{},"proof of fulfilment;",[352,3083,3084],{},"screenshots;",[352,3086,3087],{},"electronic logs;",[352,3089,3090],{},"system records; or",[352,3092,3093],{},"any other evidence reasonably requested.",[268,3095,3096],{},"Failure to provide sufficient evidence within the required timeframe may result in the Chargeback being accepted without further defence.",[282,3098],{},[341,3100,3102],{"id":3101},"_176-excessive-chargebacks","17.6 Excessive Chargebacks",[268,3104,3105],{},"Where the Merchant experiences excessive Chargebacks, Kwik may immediately:",[349,3107,3108,3111,3113,3116,3119,3122,3125,3128,3131],{},[352,3109,3110],{},"increase reserve requirements;",[352,3112,1897],{},[352,3114,3115],{},"suspend individual payment methods;",[352,3117,3118],{},"suspend settlement;",[352,3120,3121],{},"require additional financial security;",[352,3123,3124],{},"require operational changes;",[352,3126,3127],{},"require fraud mitigation measures;",[352,3129,3130],{},"suspend the Merchant Account; or",[352,3132,3133],{},"terminate this Agreement.",[268,3135,3136],{},"Kwik may take these actions regardless of whether any payment scheme has formally classified the Merchant as excessive risk.",[282,3138],{},[285,3140,3142],{"id":3141},"_18-reversals-and-adjustments","18. Reversals and Adjustments",[341,3144,3146],{"id":3145},"_181-transaction-reversals","18.1 Transaction Reversals",[268,3148,3149],{},"Transactions may be reversed for reasons including:",[349,3151,3152,3155,3158,3160,3162,3165,3168,3171,3173,3176,3179,3181],{},[352,3153,3154],{},"fraud;",[352,3156,3157],{},"duplicate processing;",[352,3159,2381],{},[352,3161,2375],{},[352,3163,3164],{},"payment network instructions;",[352,3166,3167],{},"banking corrections;",[352,3169,3170],{},"regulatory requirements;",[352,3172,1853],{},[352,3174,3175],{},"court orders;",[352,3177,3178],{},"mistaken payments;",[352,3180,2387],{},[352,3182,3183],{},"Applicable Law.",[268,3185,3186],{},"The Merchant remains liable for any resulting financial adjustment.",[282,3188],{},[341,3190,3192],{"id":3191},"_182-erroneous-payments","18.2 Erroneous Payments",[268,3194,3195],{},"If Kwik mistakenly settles funds to the Merchant, the Merchant shall immediately repay the incorrectly settled amount upon becoming aware of the error or upon notification by Kwik.",[268,3197,1462],{},[282,3199],{},[341,3201,3203],{"id":3202},"_183-right-to-correct-errors","18.3 Right to Correct Errors",[268,3205,3206],{},"Kwik may correct any operational, accounting or processing error at any time.",[268,3208,3209],{},"Such corrections may include:",[349,3211,3212,3215,3218,3221,3224,3227],{},[352,3213,3214],{},"debiting future settlements;",[352,3216,3217],{},"crediting the Merchant;",[352,3219,3220],{},"reversing transactions;",[352,3222,3223],{},"correcting transaction reports;",[352,3225,3226],{},"correcting payout reports; or",[352,3228,3229],{},"making any other adjustment reasonably necessary to reflect the correct financial position.",[282,3231],{},[285,3233,3235],{"id":3234},"_19-fraud-prevention","19. Fraud Prevention",[341,3237,3239],{"id":3238},"_191-fraud-monitoring","19.1 Fraud Monitoring",[268,3241,3242],{},"Kwik may continuously monitor transactions for suspected fraud or other financial crime.",[268,3244,3245],{},"Monitoring may include:",[349,3247,3248,3251,3254,3257,3260,3262,3265,3268],{},[352,3249,3250],{},"automated systems;",[352,3252,3253],{},"machine learning models;",[352,3255,3256],{},"behavioural analysis;",[352,3258,3259],{},"transaction profiling;",[352,3261,1118],{},[352,3263,3264],{},"velocity monitoring;",[352,3266,3267],{},"manual review; and",[352,3269,3270],{},"third-party fraud prevention services.",[282,3272],{},[341,3274,3276],{"id":3275},"_192-merchant-responsibilities","19.2 Merchant Responsibilities",[268,3278,3279],{},"The Merchant shall maintain appropriate fraud prevention controls, including:",[349,3281,3282,3285,3288,3291,3294,3297,3300],{},[352,3283,3284],{},"customer verification procedures where appropriate;",[352,3286,3287],{},"secure order processing;",[352,3289,3290],{},"secure access controls;",[352,3292,3293],{},"protection of API credentials;",[352,3295,3296],{},"employee access management;",[352,3298,3299],{},"internal fraud prevention procedures; and",[352,3301,3302],{},"prompt reporting of suspicious activity.",[282,3304],{},[341,3306,3308],{"id":3307},"_193-fraud-investigations","19.3 Fraud Investigations",[268,3310,3311],{},"Where fraud is suspected, Kwik may:",[349,3313,3314,3317,3320,3323,3326,3329,3332,3335,3338,3340],{},[352,3315,3316],{},"suspend processing;",[352,3318,3319],{},"delay settlement;",[352,3321,3322],{},"hold funds;",[352,3324,3325],{},"refuse transactions;",[352,3327,3328],{},"require additional documentation;",[352,3330,3331],{},"cooperate with financial institutions;",[352,3333,3334],{},"report suspicious activity to regulators;",[352,3336,3337],{},"report criminal activity to law enforcement;",[352,3339,3130],{},[352,3341,3133],{},[268,3343,3344],{},"Kwik shall not be liable for losses resulting from actions reasonably taken to investigate or prevent fraud.",[282,3346],{},[341,3348,3350],{"id":3349},"_194-no-guarantee-against-fraud","19.4 No Guarantee Against Fraud",[268,3352,3353],{},"The Merchant acknowledges that no payment processing system can completely eliminate fraud.",[268,3355,3356],{},"Kwik makes no representation or warranty that:",[349,3358,3359,3362,3365,3368],{},[352,3360,3361],{},"fraudulent transactions will be prevented;",[352,3363,3364],{},"fraud detection systems will identify every fraudulent transaction;",[352,3366,3367],{},"Chargebacks will be avoided; or",[352,3369,3370],{},"financial losses resulting from fraud will not occur.",[268,3372,3373],{},"The Merchant remains responsible for managing the commercial risks associated with its business.",[285,3375,3377],{"id":3376},"_20-merchant-account-security","20. Merchant Account Security",[341,3379,3381],{"id":3380},"_201-merchant-responsibility","20.1 Merchant Responsibility",[268,3383,3384],{},"The Merchant is solely responsible for maintaining the security of its Merchant Account.",[268,3386,3387],{},"The Merchant shall take all reasonable measures to prevent unauthorised access to the Services.",[268,3389,3390],{},"The Merchant remains responsible for all actions performed using its Merchant Account, whether authorised or unauthorised, unless such unauthorised access resulted directly from Kwik's gross negligence or wilful misconduct.",[282,3392],{},[341,3394,3396],{"id":3395},"_202-user-accounts","20.2 User Accounts",[268,3398,3399],{},"The Merchant shall ensure that each authorised user:",[349,3401,3402,3405,3408,3411,3414],{},[352,3403,3404],{},"has an individual user account;",[352,3406,3407],{},"uses secure authentication credentials;",[352,3409,3410],{},"is granted only the minimum permissions required for their role;",[352,3412,3413],{},"maintains the confidentiality of login credentials; and",[352,3415,3416],{},"complies with this Agreement.",[268,3418,3419],{},"The Merchant shall immediately remove access for users who no longer require access.",[282,3421],{},[341,3423,3425],{"id":3424},"_203-authentication","20.3 Authentication",[268,3427,3428],{},"Kwik may require one or more authentication mechanisms, including:",[349,3430,3431,3434,3437,3439,3442,3445,3448],{},[352,3432,3433],{},"multi-factor authentication;",[352,3435,3436],{},"one-time passwords;",[352,3438,1979],{},[352,3440,3441],{},"hardware authentication devices;",[352,3443,3444],{},"passkeys;",[352,3446,3447],{},"device verification; or",[352,3449,3450],{},"other authentication methods made available by Kwik.",[268,3452,3453],{},"The Merchant shall not disable or attempt to bypass security controls implemented by Kwik.",[282,3455],{},[341,3457,3459],{"id":3458},"_204-credential-security","20.4 Credential Security",[268,3461,3462],{},"The Merchant shall securely store all credentials issued by Kwik, including:",[349,3464,3465,3468,3471,3474,3477,3480,3483,3486,3489,3492],{},[352,3466,3467],{},"usernames;",[352,3469,3470],{},"passwords;",[352,3472,3473],{},"API keys;",[352,3475,3476],{},"API secrets;",[352,3478,3479],{},"client credentials;",[352,3481,3482],{},"access tokens;",[352,3484,3485],{},"webhook secrets;",[352,3487,3488],{},"encryption keys;",[352,3490,3491],{},"signing keys; and",[352,3493,3494],{},"any other authentication credentials.",[268,3496,3497],{},"Credentials shall never be:",[349,3499,3500,3503,3506,3509,3512],{},[352,3501,3502],{},"shared with unauthorised persons;",[352,3504,3505],{},"embedded in publicly accessible source code;",[352,3507,3508],{},"published in repositories;",[352,3510,3511],{},"transmitted insecurely; or",[352,3513,3514],{},"stored in plain text where reasonable security measures are available.",[282,3516],{},[285,3518,3520],{"id":3519},"_21-api-and-integration-security","21. API and Integration Security",[341,3522,3524],{"id":3523},"_211-api-usage","21.1 API Usage",[268,3526,3527],{},"Where the Merchant integrates with the Services through an API, SDK or other integration method, the Merchant shall ensure that its implementation complies with:",[349,3529,3530,3533,3536,3539,3542,3544],{},[352,3531,3532],{},"Kwik's technical documentation;",[352,3534,3535],{},"security requirements published by Kwik;",[352,3537,3538],{},"authentication requirements;",[352,3540,3541],{},"encryption requirements;",[352,3543,1795],{},[352,3545,3546],{},"industry best practices.",[282,3548],{},[341,3550,3552],{"id":3551},"_212-secure-development","21.2 Secure Development",[268,3554,3555],{},"The Merchant shall implement commercially reasonable security controls designed to protect its integration, including:",[349,3557,3558,3561,3564,3567,3570,3573,3576,3579],{},[352,3559,3560],{},"secure software development practices;",[352,3562,3563],{},"vulnerability management;",[352,3565,3566],{},"input validation;",[352,3568,3569],{},"access control;",[352,3571,3572],{},"logging;",[352,3574,3575],{},"monitoring;",[352,3577,3578],{},"encryption of sensitive information in transit; and",[352,3580,3581],{},"timely application of security updates.",[282,3583],{},[341,3585,3587],{"id":3586},"_213-api-credentials","21.3 API Credentials",[268,3589,3590],{},"API credentials are confidential.",[268,3592,3593],{},"The Merchant shall not:",[349,3595,3596,3599,3602,3605,3608],{},[352,3597,3598],{},"disclose API credentials to unauthorised persons;",[352,3600,3601],{},"reuse production credentials in test environments;",[352,3603,3604],{},"circumvent authentication mechanisms;",[352,3606,3607],{},"create unauthorised integrations; or",[352,3609,3610],{},"attempt to interfere with the operation of the Services.",[282,3612],{},[341,3614,3616],{"id":3615},"_214-webhooks","21.4 Webhooks",[268,3618,3619],{},"Where webhooks are used, the Merchant is responsible for ensuring that:",[349,3621,3622,3625,3628,3631,3634,3637],{},[352,3623,3624],{},"webhook endpoints remain secure;",[352,3626,3627],{},"webhook signatures are validated;",[352,3629,3630],{},"endpoints are monitored;",[352,3632,3633],{},"duplicate notifications are safely handled;",[352,3635,3636],{},"replay attacks are prevented where reasonably possible; and",[352,3638,3639],{},"webhook secrets are protected.",[268,3641,3642],{},"Kwik is not responsible for losses arising from the Merchant's failure to properly secure webhook endpoints.",[282,3644],{},[341,3646,3648],{"id":3647},"_215-third-party-integrations","21.5 Third-Party Integrations",[268,3650,3651],{},"The Merchant remains solely responsible for any third-party software connected to the Services.",[268,3653,3654],{},"Kwik does not warrant or endorse third-party applications, plugins or integrations unless expressly stated otherwise.",[282,3656],{},[285,3658,3660],{"id":3659},"_22-security-incidents","22. Security Incidents",[341,3662,3664],{"id":3663},"_221-notification","22.1 Notification",[268,3666,3667],{},"The Merchant shall notify Kwik without undue delay, and in any event within twenty-four (24) hours, after becoming aware of any actual or suspected:",[349,3669,3670,3673,3676,3679,3681,3684,3687,3690,3693,3696],{},[352,3671,3672],{},"account compromise;",[352,3674,3675],{},"credential compromise;",[352,3677,3678],{},"unauthorised access;",[352,3680,3154],{},[352,3682,3683],{},"security breach;",[352,3685,3686],{},"malware infection affecting payment processing;",[352,3688,3689],{},"data breach;",[352,3691,3692],{},"API compromise;",[352,3694,3695],{},"webhook compromise; or",[352,3697,3698],{},"other security incident affecting the Services.",[268,3700,3701],{},"This timeframe reflects equivalent notification obligations owed by Kwik to its sponsoring and acquiring banks, and is necessary to enable Kwik to meet those obligations.",[282,3703],{},[341,3705,3707],{"id":3706},"_222-cooperation","22.2 Cooperation",[268,3709,3710],{},"The Merchant shall fully cooperate with any investigation conducted by Kwik relating to a security incident.",[268,3712,3713],{},"Such cooperation includes:",[349,3715,3716,3719,3722,3725,3728,3731],{},[352,3717,3718],{},"providing requested information;",[352,3720,3721],{},"preserving relevant logs;",[352,3723,3724],{},"preserving evidence;",[352,3726,3727],{},"assisting forensic investigations;",[352,3729,3730],{},"implementing corrective actions; and",[352,3732,3733],{},"taking reasonable steps to mitigate further loss.",[282,3735],{},[341,3737,3739],{"id":3738},"_223-protective-measures","22.3 Protective Measures",[268,3741,3742],{},"Where Kwik reasonably believes that the integrity or security of the Services is at risk, Kwik may immediately:",[349,3744,3745,3748,3751,3754,3757,3760,3763,3766,3768],{},[352,3746,3747],{},"rotate credentials;",[352,3749,3750],{},"suspend API access;",[352,3752,3753],{},"disable payment methods;",[352,3755,3756],{},"suspend user accounts;",[352,3758,3759],{},"delay settlements;",[352,3761,3762],{},"require password resets;",[352,3764,3765],{},"require re-verification;",[352,3767,3130],{},[352,3769,3770],{},"take any other reasonable action necessary to protect the Services.",[268,3772,3773],{},"Kwik shall not be liable for losses arising from protective actions reasonably taken under this Section.",[282,3775],{},[285,3777,3779],{"id":3778},"_23-pci-dss-and-data-security","23. PCI DSS and Data Security",[341,3781,3783],{"id":3782},"_231-merchant-responsibilities","23.1 Merchant Responsibilities",[268,3785,3786],{},"The Merchant is responsible for complying with all security obligations applicable to its business.",[268,3788,3789],{},"Where required, the Merchant shall maintain compliance with the applicable version of the Payment Card Industry Data Security Standard (PCI DSS).",[282,3791],{},[341,3793,3795],{"id":3794},"_232-cardholder-data","23.2 Cardholder Data",[268,3797,3798],{},"Unless expressly authorised by Kwik in writing, the Merchant shall not:",[349,3800,3801,3804,3807,3810,3813,3816],{},[352,3802,3803],{},"store Primary Account Numbers (PANs);",[352,3805,3806],{},"store CVV\u002FCVC\u002FCVC2 values;",[352,3808,3809],{},"store PIN data;",[352,3811,3812],{},"store magnetic stripe data;",[352,3814,3815],{},"intercept payment credentials; or",[352,3817,3818],{},"otherwise retain cardholder data contrary to PCI DSS requirements.",[282,3820],{},[341,3822,3824],{"id":3823},"_233-tokenisation","23.3 Tokenisation",[268,3826,3827],{},"Where Kwik provides tokenised payment credentials, the Merchant acknowledges that:",[349,3829,3830,3833,3836,3839],{},[352,3831,3832],{},"payment tokens remain subject to payment network rules;",[352,3834,3835],{},"tokens may expire or be replaced;",[352,3837,3838],{},"token availability is not guaranteed; and",[352,3840,3841],{},"tokenisation does not eliminate Chargeback or fraud risk.",[282,3843],{},[341,3845,3847],{"id":3846},"_234-data-breaches","23.4 Data Breaches",[268,3849,3850],{},"The Merchant shall immediately notify Kwik upon becoming aware of any data breach affecting information processed through the Services.",[268,3852,3853],{},"Kwik may require the Merchant to:",[349,3855,3856,3859,3862,3865,3868,3871],{},[352,3857,3858],{},"appoint qualified forensic investigators;",[352,3860,3861],{},"provide incident reports;",[352,3863,3864],{},"engage independent security assessors;",[352,3866,3867],{},"notify affected parties where required by law;",[352,3869,3870],{},"implement remediation measures; and",[352,3872,3873],{},"demonstrate ongoing compliance before Services are restored.",[282,3875],{},[341,3877,3879],{"id":3878},"_235-merchant-liability","23.5 Merchant Liability",[268,3881,3882],{},"The Merchant shall remain responsible for all losses suffered by Kwik arising from:",[349,3884,3885,3888,3891,3894,3897,3900,3903,3906,3909],{},[352,3886,3887],{},"negligent handling of credentials;",[352,3889,3890],{},"insecure integrations;",[352,3892,3893],{},"failure to implement reasonable security controls;",[352,3895,3896],{},"failure to comply with PCI DSS where applicable;",[352,3898,3899],{},"unauthorised disclosure of confidential credentials;",[352,3901,3902],{},"compromise of Merchant systems;",[352,3904,3905],{},"compromise of Merchant infrastructure;",[352,3907,3908],{},"compromise of Merchant employees or contractors; or",[352,3910,3911],{},"any security failure within the Merchant's control.",[268,3913,3914],{},"Nothing in this Section limits any other rights or remedies available to Kwik under this Agreement.",[282,3916],{},[285,3918,3920],{"id":3919},"_24-confidentiality","24. Confidentiality",[341,3922,3924],{"id":3923},"_241-confidential-information","24.1 Confidential Information",[268,3926,3927],{},"Each party shall protect the Confidential Information of the other party using at least the same degree of care that it applies to its own confidential information, and in any event using no less than reasonable care.",[268,3929,3930],{},"Confidential Information includes, without limitation:",[349,3932,3933,3935,3938,3941,3944,3947,3950,3953,3956,3959,3962],{},[352,3934,1408],{},[352,3936,3937],{},"technical documentation;",[352,3939,3940],{},"API documentation not intended for public release;",[352,3942,3943],{},"security procedures;",[352,3945,3946],{},"authentication credentials;",[352,3948,3949],{},"business processes;",[352,3951,3952],{},"customer information;",[352,3954,3955],{},"transaction information;",[352,3957,3958],{},"product roadmaps;",[352,3960,3961],{},"commercial terms; and",[352,3963,3964],{},"any information designated as confidential or that ought reasonably to be understood as confidential.",[282,3966],{},[341,3968,3970],{"id":3969},"_242-exclusions","24.2 Exclusions",[268,3972,3973],{},"Confidential Information does not include information that:",[349,3975,3976,3979,3982,3985],{},[352,3977,3978],{},"is or becomes publicly available through no breach of this Agreement;",[352,3980,3981],{},"was lawfully known by the receiving party before disclosure;",[352,3983,3984],{},"is independently developed without reference to the Confidential Information; or",[352,3986,3987],{},"is lawfully received from a third party without restriction.",[282,3989],{},[341,3991,3993],{"id":3992},"_243-disclosure-required-by-law","24.3 Disclosure Required by Law",[268,3995,3996],{},"A party may disclose Confidential Information where required by:",[349,3998,3999,4002,4005,4008,4011,4014,4017],{},[352,4000,4001],{},"Applicable Law;",[352,4003,4004],{},"a court of competent jurisdiction;",[352,4006,4007],{},"a regulatory authority;",[352,4009,4010],{},"a payment scheme;",[352,4012,4013],{},"an acquiring bank;",[352,4015,4016],{},"a sponsoring bank; or",[352,4018,4019],{},"another governmental authority having lawful jurisdiction,",[268,4021,4022],{},"provided that, where legally permitted, the disclosing party gives the other party reasonable prior notice of the required disclosure.",[282,4024],{},[341,4026,4028],{"id":4027},"_244-survival","24.4 Survival",[268,4030,4031],{},"The obligations contained in this Section survive termination of this Agreement for a period of five (5) years, except where Applicable Law requires a longer period or where the Confidential Information constitutes a trade secret, in which case the obligation continues for so long as the information remains a trade secret.",[285,4033,4035],{"id":4034},"_25-intellectual-property","25. Intellectual Property",[341,4037,4039],{"id":4038},"_251-ownership","25.1 Ownership",[268,4041,4042],{},"Kwik and its licensors retain all right, title and interest in and to the Services, including all associated:",[349,4044,4045,4048,4051,4054,4057,4060,4063,4066,4069,4072,4075,4078,4081,4084,4087,4090,4093,4096,4099],{},[352,4046,4047],{},"software;",[352,4049,4050],{},"APIs;",[352,4052,4053],{},"SDKs;",[352,4055,4056],{},"documentation;",[352,4058,4059],{},"source code;",[352,4061,4062],{},"object code;",[352,4064,4065],{},"trademarks;",[352,4067,4068],{},"logos;",[352,4070,4071],{},"service marks;",[352,4073,4074],{},"trade names;",[352,4076,4077],{},"copyrights;",[352,4079,4080],{},"patents;",[352,4082,4083],{},"trade secrets;",[352,4085,4086],{},"know-how;",[352,4088,4089],{},"databases;",[352,4091,4092],{},"user interfaces;",[352,4094,4095],{},"reports;",[352,4097,4098],{},"analytics; and",[352,4100,4101],{},"other intellectual property.",[268,4103,4104],{},"Except for the limited rights expressly granted under this Agreement, no ownership rights are transferred to the Merchant.",[282,4106],{},[341,4108,4110],{"id":4109},"_252-limited-licence","25.2 Limited Licence",[268,4112,4113],{},"Subject to this Agreement, Kwik grants the Merchant a limited, non-exclusive, non-transferable and revocable licence to access and use the Services solely for the Merchant's internal business purposes.",[268,4115,4116],{},"The Merchant may not:",[349,4118,4119,4122,4125,4128,4131,4134,4137,4140],{},[352,4120,4121],{},"sublicense the Services;",[352,4123,4124],{},"sell the Services;",[352,4126,4127],{},"lease the Services;",[352,4129,4130],{},"distribute the Services;",[352,4132,4133],{},"reverse engineer the Services except where expressly permitted by Applicable Law;",[352,4135,4136],{},"copy the Services except as reasonably necessary;",[352,4138,4139],{},"create derivative works of the Services; or",[352,4141,4142],{},"use the Services to develop competing products.",[282,4144],{},[341,4146,4148],{"id":4147},"_253-merchant-intellectual-property","25.3 Merchant Intellectual Property",[268,4150,4151],{},"The Merchant retains ownership of its:",[349,4153,4154,4156,4158,4161,4163,4166,4169,4172],{},[352,4155,4065],{},[352,4157,4068],{},[352,4159,4160],{},"branding;",[352,4162,4047],{},[352,4164,4165],{},"websites;",[352,4167,4168],{},"applications;",[352,4170,4171],{},"documentation; and",[352,4173,4101],{},[268,4175,4176],{},"The Merchant grants Kwik a non-exclusive, royalty-free licence to use the Merchant's name, logo and trademarks solely to:",[349,4178,4179,4182,4185,4188,4191],{},[352,4180,4181],{},"provide the Services;",[352,4183,4184],{},"identify the Merchant within the platform;",[352,4186,4187],{},"comply with regulatory requirements;",[352,4189,4190],{},"process transactions; and",[352,4192,4193],{},"identify the Merchant as a customer of Kwik, unless the Merchant has requested otherwise in writing.",[282,4195],{},[341,4197,4199],{"id":4198},"_254-feedback","25.4 Feedback",[268,4201,4202],{},"Any suggestions, recommendations, ideas or feedback provided by the Merchant regarding the Services may be used by Kwik without restriction or compensation.",[268,4204,4205],{},"The Merchant assigns to Kwik any intellectual property rights necessary to permit such use.",[282,4207],{},[285,4209,4211],{"id":4210},"_26-acceptable-use","26. Acceptable Use",[268,4213,4214],{},"The Merchant shall use the Services only for lawful purposes and in accordance with this Agreement.",[268,4216,4217,4218,4220],{},"The Merchant shall comply with Kwik's ",[271,4219,233],{},", available at:",[268,4222,4223],{},[271,4224,4225],{},"\u002Flegal\u002Facceptable-use",[268,4227,4228],{},"The Acceptable Use Policy forms part of this Agreement and is incorporated by reference.",[268,4230,4231],{},"Without limiting that policy, the Merchant shall not use the Services:",[349,4233,4234,4237,4240,4243,4246,4249,4252,4255,4258,4261,4264,4267],{},[352,4235,4236],{},"for unlawful purposes;",[352,4238,4239],{},"to facilitate fraud;",[352,4241,4242],{},"to infringe intellectual property rights;",[352,4244,4245],{},"to circumvent payment network rules;",[352,4247,4248],{},"to process transactions on behalf of undisclosed third parties;",[352,4250,4251],{},"to conceal the true nature of transactions;",[352,4253,4254],{},"to submit fictitious transactions;",[352,4256,4257],{},"to test stolen payment credentials;",[352,4259,4260],{},"to facilitate money laundering;",[352,4262,4263],{},"to facilitate terrorist financing;",[352,4265,4266],{},"to evade sanctions requirements; or",[352,4268,4269],{},"in any manner prohibited by Applicable Law.",[268,4271,4272],{},"Kwik may immediately suspend or terminate any Service where the Merchant breaches the Acceptable Use Policy.",[282,4274],{},[285,4276,4278],{"id":4277},"_27-compliance-with-laws","27. Compliance with Laws",[268,4280,4281],{},"The Merchant shall comply with all Applicable Laws relating to its business and its use of the Services.",[268,4283,4284],{},"This includes, where applicable:",[349,4286,4287,4290,4292,4295,4297,4300,4303,4306,4309,4311,4314],{},[352,4288,4289],{},"financial services legislation;",[352,4291,1344],{},[352,4293,4294],{},"sanctions legislation;",[352,4296,1341],{},[352,4298,4299],{},"taxation legislation;",[352,4301,4302],{},"privacy legislation;",[352,4304,4305],{},"electronic communications legislation;",[352,4307,4308],{},"payment scheme operating rules;",[352,4310,1356],{},[352,4312,4313],{},"sponsor bank requirements; and",[352,4315,4316],{},"any lawful direction issued by a competent regulatory authority.",[268,4318,4319],{},"The Merchant is solely responsible for obtaining all licences, permits, registrations and approvals required to conduct its business.",[268,4321,4322],{},"Kwik does not provide legal, tax or regulatory advice.",[282,4324],{},[285,4326,4328],{"id":4327},"_28-suspension-of-services","28. Suspension of Services",[341,4330,4332],{"id":4331},"_281-right-to-suspend","28.1 Right to Suspend",[268,4334,4335],{},"Kwik may suspend all or part of the Services immediately where it reasonably believes that suspension is necessary to:",[349,4337,4338,4341,4344,4347,4350,4353,4356,4359,4362,4365,4368,4371],{},[352,4339,4340],{},"comply with Applicable Law;",[352,4342,4343],{},"comply with payment scheme rules;",[352,4345,4346],{},"comply with banking requirements;",[352,4348,4349],{},"investigate fraud;",[352,4351,4352],{},"investigate suspicious activity;",[352,4354,4355],{},"protect customers;",[352,4357,4358],{},"protect Kwik;",[352,4360,4361],{},"protect financial institutions;",[352,4363,4364],{},"protect payment partners;",[352,4366,4367],{},"prevent financial loss;",[352,4369,4370],{},"prevent reputational harm; or",[352,4372,4373],{},"respond to a security incident.",[268,4375,4376],{},"Suspension may occur without prior notice where immediate action is reasonably necessary.",[282,4378],{},[341,4380,4382],{"id":4381},"_282-events-giving-rise-to-suspension","28.2 Events Giving Rise to Suspension",[268,4384,4385],{},"Kwik may suspend the Services if:",[349,4387,4388,4391,4394,4397,4400,4403,4406,4409,4412,4415,4418,4421,4424,4427],{},[352,4389,4390],{},"the Merchant breaches this Agreement;",[352,4392,4393],{},"the Merchant provides inaccurate information;",[352,4395,4396],{},"required verification documents are not provided;",[352,4398,4399],{},"excessive fraud is detected;",[352,4401,4402],{},"excessive Chargebacks occur;",[352,4404,4405],{},"excessive refunds occur;",[352,4407,4408],{},"insolvency concerns arise;",[352,4410,4411],{},"unlawful activity is suspected;",[352,4413,4414],{},"sanctions concerns arise;",[352,4416,4417],{},"required licences expire;",[352,4419,4420],{},"payment partners suspend the Merchant;",[352,4422,4423],{},"acquiring banks suspend the Merchant;",[352,4425,4426],{},"sponsoring banks suspend the Merchant; or",[352,4428,4429],{},"continued processing presents an unacceptable risk.",[282,4431],{},[341,4433,4435],{"id":4434},"_283-effect-of-suspension","28.3 Effect of Suspension",[268,4437,4438],{},"During suspension, Kwik may:",[349,4440,4441,4443,4445,4448,4451,4453,4455,4458,4461,4464],{},[352,4442,3325],{},[352,4444,1894],{},[352,4446,4447],{},"disable API access;",[352,4449,4450],{},"disable user access;",[352,4452,2712],{},[352,4454,2718],{},[352,4456,4457],{},"hold transaction proceeds;",[352,4459,4460],{},"delay payouts;",[352,4462,4463],{},"require additional verification; and",[352,4465,4466],{},"require corrective actions before Services are restored.",[268,4468,4469],{},"Suspension does not relieve the Merchant of any obligations arising under this Agreement.",[282,4471],{},[285,4473,4475],{"id":4474},"_29-termination","29. Termination",[341,4477,4479],{"id":4478},"_291-termination-by-the-merchant","29.1 Termination by the Merchant",[268,4481,4482],{},"The Merchant may terminate this Agreement by providing written notice to Kwik and ceasing use of the Services.",[268,4484,4485],{},"Termination does not affect any outstanding obligations owed to Kwik.",[282,4487],{},[341,4489,4491],{"id":4490},"_292-termination-by-kwik","29.2 Termination by Kwik",[268,4493,4494],{},"Kwik may terminate this Agreement immediately where:",[349,4496,4497,4500,4503,4506,4509,4512,4515,4518,4521],{},[352,4498,4499],{},"the Merchant commits a material breach of this Agreement;",[352,4501,4502],{},"fraud is identified;",[352,4504,4505],{},"the Merchant becomes insolvent or enters business rescue, liquidation or similar proceedings;",[352,4507,4508],{},"continued provision of the Services would breach Applicable Law;",[352,4510,4511],{},"required banking relationships cease;",[352,4513,4514],{},"payment partners require termination;",[352,4516,4517],{},"the Merchant repeatedly breaches operating rules;",[352,4519,4520],{},"the Merchant fails to remedy a breach after reasonable notice where remediation is possible; or",[352,4522,4523],{},"Kwik reasonably determines that continuing the relationship presents an unacceptable legal, financial or reputational risk.",[268,4525,4526],{},"Kwik may also terminate this Agreement for commercial reasons by providing reasonable prior notice to the Merchant.",[282,4528],{},[341,4530,4532],{"id":4531},"_293-consequences-of-termination","29.3 Consequences of Termination",[268,4534,4535],{},"Following termination, Kwik may:",[349,4537,4538,4541,4544,4547,4550,4553,4556,4559],{},[352,4539,4540],{},"disable the Merchant Account;",[352,4542,4543],{},"revoke API credentials;",[352,4545,4546],{},"terminate access to the Services;",[352,4548,4549],{},"retain funds as permitted under this Agreement;",[352,4551,4552],{},"apply reserve funds towards outstanding liabilities;",[352,4554,4555],{},"recover any outstanding amounts owed by the Merchant;",[352,4557,4558],{},"retain records as required by Applicable Law; and",[352,4560,4561],{},"continue cooperating with regulatory or law enforcement investigations where required.",[268,4563,4564],{},"Termination shall not affect any rights or obligations that accrued prior to termination.",[282,4566],{},[341,4568,4570],{"id":4569},"_294-survival","29.4 Survival",[268,4572,4573],{},"The following Sections survive termination of this Agreement to the extent necessary to give them effect:",[349,4575,4576,4579,4582,4585,4588,4591,4594,4597,4600,4603,4606,4609,4612],{},[352,4577,4578],{},"Merchant liability;",[352,4580,4581],{},"Settlement adjustments;",[352,4583,4584],{},"Chargebacks;",[352,4586,4587],{},"Refunds;",[352,4589,4590],{},"Negative balances;",[352,4592,4593],{},"Recovery rights;",[352,4595,4596],{},"Confidentiality;",[352,4598,4599],{},"Intellectual Property;",[352,4601,4602],{},"Indemnities;",[352,4604,4605],{},"Limitation of liability;",[352,4607,4608],{},"Dispute resolution;",[352,4610,4611],{},"Governing law; and",[352,4613,4614],{},"any other provision which by its nature is intended to survive termination.",[285,4616,4618],{"id":4617},"_30-indemnities","30. Indemnities",[341,4620,4622],{"id":4621},"_301-merchant-indemnity","30.1 Merchant Indemnity",[268,4624,4625],{},"To the fullest extent permitted by Applicable Law, the Merchant irrevocably indemnifies, defends and holds harmless Kwik, its directors, officers, employees, shareholders, contractors, affiliates, sponsoring banks, acquiring banks, payment partners and service providers from and against any and all losses arising from or relating to:",[349,4627,4628,4631,4634,4637,4640,4643,4646,4648,4650,4652,4654,4657,4660,4663,4666,4669,4672,4675,4678,4681,4684,4687,4690,4693,4696],{},[352,4629,4630],{},"the Merchant's business;",[352,4632,4633],{},"the Merchant's products or services;",[352,4635,4636],{},"transactions submitted by the Merchant;",[352,4638,4639],{},"fraud committed by the Merchant or its personnel;",[352,4641,4642],{},"fraud committed against the Merchant;",[352,4644,4645],{},"customer disputes;",[352,4647,2554],{},[352,4649,2272],{},[352,4651,2275],{},[352,4653,4584],{},[352,4655,4656],{},"breaches of this Agreement;",[352,4658,4659],{},"breaches of Applicable Law;",[352,4661,4662],{},"breaches of payment scheme rules;",[352,4664,4665],{},"breaches of acquiring bank requirements;",[352,4667,4668],{},"negligence by the Merchant;",[352,4670,4671],{},"wilful misconduct by the Merchant;",[352,4673,4674],{},"infringement of intellectual property rights;",[352,4676,4677],{},"false advertising;",[352,4679,4680],{},"misleading representations;",[352,4682,4683],{},"data breaches within the Merchant's systems;",[352,4685,4686],{},"security incidents within the Merchant's systems;",[352,4688,4689],{},"tax liabilities of the Merchant;",[352,4691,4692],{},"employment disputes involving the Merchant;",[352,4694,4695],{},"insolvency of the Merchant; or",[352,4697,4698],{},"any act or omission of the Merchant, its employees, contractors, agents or authorised users.",[282,4700],{},[341,4702,4704],{"id":4703},"_302-scope-of-the-indemnity","30.2 Scope of the Indemnity",[268,4706,4707],{},"The indemnity includes, without limitation:",[349,4709,4710,4713,4716,4718,4720,4723,4726,4729,4732,4735,4738,4740,4743,4746,4749,4751,4753,4756,4759],{},[352,4711,4712],{},"damages;",[352,4714,4715],{},"settlements;",[352,4717,2272],{},[352,4719,4584],{},[352,4721,4722],{},"fines;",[352,4724,4725],{},"penalties;",[352,4727,4728],{},"assessments;",[352,4730,4731],{},"legal costs;",[352,4733,4734],{},"attorney fees;",[352,4736,4737],{},"expert witness fees;",[352,4739,2967],{},[352,4741,4742],{},"forensic costs;",[352,4744,4745],{},"recovery costs;",[352,4747,4748],{},"regulatory costs;",[352,4750,2961],{},[352,4752,2964],{},[352,4754,4755],{},"interest;",[352,4757,4758],{},"administrative expenses; and",[352,4760,4761],{},"all other reasonably incurred losses.",[268,4763,4764],{},"To the extent permitted by Applicable Law, the Merchant shall reimburse Kwik on demand for any such amounts.",[282,4766],{},[341,4768,4770],{"id":4769},"_303-third-party-claims","30.3 Third-Party Claims",[268,4772,4773],{},"If any third party brings a claim against Kwik arising from the Merchant's business or use of the Services, the Merchant shall indemnify Kwik against all resulting liability.",[268,4775,4776],{},"Such third parties include:",[349,4778,4779,4782,4785,4787,4789,4792,4795,4798,4801],{},[352,4780,4781],{},"customers;",[352,4783,4784],{},"banks;",[352,4786,1643],{},[352,4788,1649],{},[352,4790,4791],{},"regulators;",[352,4793,4794],{},"government authorities;",[352,4796,4797],{},"suppliers;",[352,4799,4800],{},"intellectual property owners; and",[352,4802,4803],{},"any other third party.",[282,4805],{},[341,4807,4809],{"id":4808},"_304-continuing-indemnity","30.4 Continuing Indemnity",[268,4811,4812],{},"The indemnities contained in this Agreement:",[349,4814,4815,4818,4821,4824,4827],{},[352,4816,4817],{},"are continuing obligations;",[352,4819,4820],{},"survive termination of this Agreement;",[352,4822,4823],{},"are not affected by settlement of transactions;",[352,4825,4826],{},"are not limited by any insurance maintained by either party; and",[352,4828,4829],{},"apply regardless of whether Kwik continues providing the Services.",[282,4831],{},[285,4833,4835],{"id":4834},"_31-warranties-and-disclaimers","31. Warranties and Disclaimers",[341,4837,4839],{"id":4838},"_311-services-provided-as-is","31.1 Services Provided \"As Is\"",[268,4841,4842],{},"Except to the extent expressly stated in this Agreement or required by Applicable Law, the Services are provided on an \"as is\" and \"as available\" basis.",[268,4844,3356],{},[349,4846,4847,4850,4853,4856,4859,4862,4865,4868,4871,4874,4877],{},[352,4848,4849],{},"the Services will be uninterrupted;",[352,4851,4852],{},"the Services will always be available;",[352,4854,4855],{},"the Services will be error free;",[352,4857,4858],{},"every transaction will be authorised;",[352,4860,4861],{},"every authorised transaction will settle;",[352,4863,4864],{},"every payment will be completed;",[352,4866,4867],{},"fraud will be prevented;",[352,4869,4870],{},"Chargebacks will not occur;",[352,4872,4873],{},"payment methods will remain available;",[352,4875,4876],{},"third-party providers will continue supporting any Service; or",[352,4878,4879],{},"the Services will meet every requirement of the Merchant.",[282,4881],{},[341,4883,4885],{"id":4884},"_312-no-business-guarantee","31.2 No Business Guarantee",[268,4887,4888],{},"Kwik does not warrant or guarantee:",[349,4890,4891,4894,4897,4900,4903,4906,4909,4912,4915,4918],{},[352,4892,4893],{},"sales;",[352,4895,4896],{},"revenue;",[352,4898,4899],{},"customer acquisition;",[352,4901,4902],{},"customer retention;",[352,4904,4905],{},"payment success rates;",[352,4907,4908],{},"profitability;",[352,4910,4911],{},"business continuity;",[352,4913,4914],{},"regulatory approval of the Merchant's business;",[352,4916,4917],{},"tax outcomes; or",[352,4919,4920],{},"commercial success.",[268,4922,4923],{},"The Merchant remains solely responsible for operating its business.",[282,4925],{},[341,4927,4929],{"id":4928},"_313-third-party-services","31.3 Third-Party Services",[268,4931,4932],{},"Kwik is not responsible for the acts or omissions of:",[349,4934,4935,4937,4939,4941,4943,4946,4949,4952,4955],{},[352,4936,1634],{},[352,4938,1637],{},[352,4940,1643],{},[352,4942,1649],{},[352,4944,4945],{},"financial institutions;",[352,4947,4948],{},"telecommunications providers;",[352,4950,4951],{},"internet service providers;",[352,4953,4954],{},"cloud infrastructure providers; or",[352,4956,4957],{},"any other third-party service provider.",[268,4959,4960],{},"Where Services depend upon third-party providers, Kwik cannot guarantee their continued availability or performance.",[282,4962],{},[341,4964,4966],{"id":4965},"_314-regulatory-changes","31.4 Regulatory Changes",[268,4968,4969],{},"Kwik shall not be liable for any changes to the Services resulting from:",[349,4971,4972,4975,4978,4980,4983,4986,4989],{},[352,4973,4974],{},"changes in Applicable Law;",[352,4976,4977],{},"changes in payment scheme rules;",[352,4979,1356],{},[352,4981,4982],{},"sponsoring bank requirements;",[352,4984,4985],{},"regulatory directives;",[352,4987,4988],{},"sanctions requirements; or",[352,4990,4991],{},"mandatory technical changes.",[282,4993],{},[285,4995,4997],{"id":4996},"_32-limitation-of-liability","32. Limitation of Liability",[341,4999,5001],{"id":5000},"_321-excluded-losses","32.1 Excluded Losses",[268,5003,5004],{},"To the fullest extent permitted by Applicable Law, Kwik shall not be liable for:",[349,5006,5007,5010,5013,5016,5019,5022,5025,5028,5031,5034,5037,5040,5043,5046,5049,5052,5055,5058,5061],{},[352,5008,5009],{},"indirect loss;",[352,5011,5012],{},"consequential loss;",[352,5014,5015],{},"special damages;",[352,5017,5018],{},"punitive damages;",[352,5020,5021],{},"exemplary damages;",[352,5023,5024],{},"loss of profits;",[352,5026,5027],{},"loss of revenue;",[352,5029,5030],{},"loss of goodwill;",[352,5032,5033],{},"loss of opportunity;",[352,5035,5036],{},"loss of anticipated savings;",[352,5038,5039],{},"loss of contracts;",[352,5041,5042],{},"loss of business;",[352,5044,5045],{},"reputational damage;",[352,5047,5048],{},"loss of data;",[352,5050,5051],{},"corruption of data;",[352,5053,5054],{},"interruption of business;",[352,5056,5057],{},"interruption of internet services;",[352,5059,5060],{},"payment delays caused by third parties; or",[352,5062,5063],{},"any similar economic loss.",[282,5065],{},[341,5067,5069],{"id":5068},"_322-liability-cap","32.2 Liability Cap",[268,5071,5072],{},"Except where prohibited by Applicable Law, Kwik's total aggregate liability arising under or in connection with this Agreement shall not exceed the total processing fees actually paid by the Merchant to Kwik during the six (6) months immediately preceding the event giving rise to the claim.",[268,5074,5075,5076,749],{},"Where no processing fees have been paid, Kwik's aggregate liability shall not exceed ",[271,5077,5078],{},"R10,000",[282,5080],{},[341,5082,5084],{"id":5083},"_323-exceptions","32.3 Exceptions",[268,5086,5087],{},"Nothing in this Agreement excludes liability where such exclusion is prohibited by Applicable Law.",[282,5089],{},[341,5091,5093],{"id":5092},"_324-merchant-risk","32.4 Merchant Risk",[268,5095,5096],{},"The Merchant acknowledges that payment processing involves commercial risks, including:",[349,5098,5099,5101,5103,5105,5108,5111,5114,5117,5120],{},[352,5100,3154],{},[352,5102,4584],{},[352,5104,4645],{},[352,5106,5107],{},"payment reversals;",[352,5109,5110],{},"banking delays;",[352,5112,5113],{},"network outages;",[352,5115,5116],{},"regulatory intervention;",[352,5118,5119],{},"cyber incidents; and",[352,5121,5122],{},"operational failures.",[268,5124,5125],{},"The Merchant accepts these risks as part of operating its business.",[282,5127],{},[341,5129,5131],{"id":5130},"_325-exclusive-remedies","32.5 Exclusive Remedies",[268,5133,5134],{},"Except where Applicable Law provides otherwise, the remedies expressly set out in this Agreement constitute the Merchant's sole and exclusive remedies against Kwik.",[268,5136,5137],{},"No claim may be brought against Kwik based solely upon:",[349,5139,5140,5143,5146,5149,5152,5155,5158,5161],{},[352,5141,5142],{},"a declined transaction;",[352,5144,5145],{},"a delayed settlement;",[352,5147,5148],{},"suspension of a payment method;",[352,5150,5151],{},"fraud monitoring decisions;",[352,5153,5154],{},"security measures;",[352,5156,5157],{},"regulatory compliance actions;",[352,5159,5160],{},"payment partner decisions; or",[352,5162,5163],{},"acquiring bank requirements,",[268,5165,5166],{},"provided Kwik acted in good faith and in accordance with this Agreement.",[282,5168],{},[341,5170,5172],{"id":5171},"_326-mitigation","32.6 Mitigation",[268,5174,5175],{},"Each party shall take reasonable steps to mitigate any loss arising under this Agreement.",[268,5177,5178],{},"Failure to do so may be taken into account when determining recoverable damages.",[285,5180,5182],{"id":5181},"_33-notices","33. Notices",[341,5184,5186],{"id":5185},"_331-giving-notice","33.1 Giving Notice",[268,5188,5189],{},"Any notice required under this Agreement shall be given:",[349,5191,5192,5195,5198,5201,5204,5207],{},[352,5193,5194],{},"through the Merchant Dashboard;",[352,5196,5197],{},"by email;",[352,5199,5200],{},"by registered mail;",[352,5202,5203],{},"by courier;",[352,5205,5206],{},"by publication on Kwik's website where appropriate; or",[352,5208,5209],{},"by any other communication method agreed between the parties.",[282,5211],{},[341,5213,5215],{"id":5214},"_332-contact-information","33.2 Contact Information",[268,5217,5218],{},"The Merchant is responsible for maintaining accurate contact information.",[268,5220,5221],{},"A notice sent using the latest contact details provided by the Merchant shall be deemed validly delivered.",[282,5223],{},[341,5225,5227],{"id":5226},"_333-deemed-delivery","33.3 Deemed Delivery",[268,5229,5230],{},"Unless proven otherwise:",[349,5232,5233,5236,5239,5242],{},[352,5234,5235],{},"electronic communications are deemed received on the day of transmission;",[352,5237,5238],{},"notices published within the Merchant Dashboard are deemed received immediately upon publication;",[352,5240,5241],{},"registered mail is deemed received on the seventh Business Day after posting;",[352,5243,5244],{},"courier deliveries are deemed received on the date reflected in the courier's delivery records.",[282,5246],{},[285,5248,5250],{"id":5249},"_34-electronic-communications","34. Electronic Communications",[268,5252,5253],{},"The Merchant agrees that Kwik may communicate electronically regarding:",[349,5255,5256,5259,5262,5265,5268,5271,5274,5276,5278,5281,5284],{},[352,5257,5258],{},"this Agreement;",[352,5260,5261],{},"policy updates;",[352,5263,5264],{},"pricing changes;",[352,5266,5267],{},"operational notices;",[352,5269,5270],{},"security incidents;",[352,5272,5273],{},"payment notifications;",[352,5275,3060],{},[352,5277,4715],{},[352,5279,5280],{},"legal notices;",[352,5282,5283],{},"regulatory notices; and",[352,5285,5286],{},"any other communication relating to the Services.",[268,5288,5289],{},"Electronic communications satisfy any legal requirement that a communication be in writing unless Applicable Law provides otherwise.",[282,5291],{},[285,5293,5295],{"id":5294},"_35-amendments","35. Amendments",[268,5297,5298],{},"Kwik may amend this Agreement where reasonably necessary to:",[349,5300,5301,5303,5306,5308,5311,5314,5317,5320,5323],{},[352,5302,4340],{},[352,5304,5305],{},"comply with payment scheme requirements;",[352,5307,4346],{},[352,5309,5310],{},"improve the Services;",[352,5312,5313],{},"introduce new Services;",[352,5315,5316],{},"remove discontinued Services;",[352,5318,5319],{},"address security risks;",[352,5321,5322],{},"reflect operational changes; or",[352,5324,5325],{},"clarify existing provisions.",[268,5327,5328],{},"Updated versions will be published at:",[268,5330,5331],{},[271,5332,159],{},[268,5334,5335],{},"Unless otherwise required by Applicable Law, amendments become effective on the date specified in the updated Agreement.",[268,5337,5338],{},"Continued use of the Services after the effective date constitutes acceptance of the revised Agreement.",[282,5340],{},[285,5342,5344],{"id":5343},"_36-assignment","36. Assignment",[268,5346,5347],{},"The Merchant may not assign, transfer or otherwise dispose of any rights or obligations under this Agreement without Kwik's prior written consent.",[268,5349,5350],{},"Kwik may assign or transfer this Agreement to:",[349,5352,5353,5356,5359,5362,5365,5368],{},[352,5354,5355],{},"an affiliate;",[352,5357,5358],{},"a successor entity;",[352,5360,5361],{},"a purchaser of its business;",[352,5363,5364],{},"a financing institution;",[352,5366,5367],{},"a merger partner; or",[352,5369,5370],{},"any entity acquiring substantially all of Kwik's assets,",[268,5372,5373],{},"provided that the assignee assumes Kwik's obligations under this Agreement.",[282,5375],{},[285,5377,5379],{"id":5378},"_37-force-majeure","37. Force Majeure",[268,5381,5382],{},"Kwik shall not be liable for any delay or failure to perform its obligations resulting from events beyond its reasonable control.",[268,5384,5385],{},"Such events include:",[349,5387,5388,5391,5394,5397,5400,5403,5406,5409,5412,5415,5418,5421,5424,5427,5429,5432,5435,5438,5441],{},[352,5389,5390],{},"natural disasters;",[352,5392,5393],{},"flood;",[352,5395,5396],{},"fire;",[352,5398,5399],{},"epidemic;",[352,5401,5402],{},"pandemic;",[352,5404,5405],{},"war;",[352,5407,5408],{},"terrorism;",[352,5410,5411],{},"civil unrest;",[352,5413,5414],{},"labour disputes;",[352,5416,5417],{},"failure of telecommunications;",[352,5419,5420],{},"internet outages;",[352,5422,5423],{},"cloud service failures;",[352,5425,5426],{},"cyber attacks;",[352,5428,2067],{},[352,5430,5431],{},"payment network outages;",[352,5433,5434],{},"utility failures;",[352,5436,5437],{},"governmental action;",[352,5439,5440],{},"regulatory intervention; or",[352,5442,5443],{},"any similar event beyond Kwik's reasonable control.",[268,5445,5446],{},"Kwik shall resume performance as soon as reasonably practicable after the relevant event has ended.",[282,5448],{},[285,5450,5452],{"id":5451},"_38-waiver","38. Waiver",[268,5454,5455],{},"A failure or delay by either party to exercise any right under this Agreement shall not constitute a waiver of that right.",[268,5457,5458],{},"A waiver shall only be effective if made expressly in writing.",[268,5460,5461],{},"A waiver of one breach shall not constitute a waiver of any subsequent breach.",[282,5463],{},[285,5465,5467],{"id":5466},"_39-severability","39. Severability",[268,5469,5470],{},"If any provision of this Agreement is held to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.",[268,5472,5473],{},"The invalid provision shall be interpreted or replaced to achieve, as nearly as possible, its intended commercial purpose while complying with Applicable Law.",[282,5475],{},[285,5477,5479],{"id":5478},"_40-entire-agreement","40. Entire Agreement",[268,5481,5482],{},"This Agreement, together with all Incorporated Terms, constitutes the entire agreement between the parties regarding the Services.",[268,5484,5485],{},"It supersedes all prior:",[349,5487,5488,5491,5494,5497,5500,5503],{},[352,5489,5490],{},"negotiations;",[352,5492,5493],{},"proposals;",[352,5495,5496],{},"discussions;",[352,5498,5499],{},"understandings;",[352,5501,5502],{},"representations; and",[352,5504,5505],{},"agreements relating to the Services.",[282,5507],{},[285,5509,5511],{"id":5510},"_41-relationship-of-the-parties","41. Relationship of the Parties",[268,5513,5514],{},"Nothing in this Agreement creates:",[349,5516,5517,5519,5521,5524,5527],{},[352,5518,951],{},[352,5520,954],{},[352,5522,5523],{},"an employment relationship;",[352,5525,5526],{},"an agency relationship; or",[352,5528,5529],{},"a fiduciary relationship.",[268,5531,5532],{},"Neither party may bind the other except where expressly authorised in writing.",[282,5534],{},[285,5536,5538],{"id":5537},"_42-governing-law","42. Governing Law",[268,5540,5541],{},"This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.",[282,5543],{},[285,5545,5547],{"id":5546},"_43-jurisdiction","43. Jurisdiction",[268,5549,5550],{},"Subject to any mandatory dispute resolution process required by Applicable Law, the parties submit to the jurisdiction of the courts of South Africa.",[268,5552,5553],{},"Nothing in this Agreement prevents Kwik from seeking urgent or interim relief in any court of competent jurisdiction.",[282,5555],{},[285,5557,5559],{"id":5558},"_44-dispute-resolution","44. Dispute Resolution",[268,5561,5562],{},"The parties shall use reasonable efforts to resolve any dispute through good faith negotiations before commencing legal proceedings.",[268,5564,5565],{},"Nothing prevents either party from seeking urgent relief where immediate action is reasonably necessary.",[282,5567],{},[285,5569,5571],{"id":5570},"_45-no-third-party-rights","45. No Third-Party Rights",[268,5573,5574],{},"Except where expressly provided in this Agreement, no person who is not a party to this Agreement shall have any right to enforce any provision of this Agreement.",[268,5576,5577],{},"This clause does not limit the rights of:",[349,5579,5580,5582,5584,5586,5589],{},[352,5581,1634],{},[352,5583,1637],{},[352,5585,1643],{},[352,5587,5588],{},"payment partners; or",[352,5590,5591],{},"regulators,",[268,5593,5594],{},"where such rights arise under Applicable Law or applicable operating rules.",[282,5596],{},[285,5598,5600],{"id":5599},"_46-interpretation","46. Interpretation",[268,5602,5603],{},"Unless the context indicates otherwise:",[349,5605,5606,5609,5612,5615,5618,5621],{},[352,5607,5608],{},"headings are for convenience only and do not affect interpretation;",[352,5610,5611],{},"the singular includes the plural and vice versa;",[352,5613,5614],{},"references to persons include legal entities;",[352,5616,5617],{},"references to legislation include amendments and replacements;",[352,5619,5620],{},"the words \"including\", \"includes\" and \"include\" mean \"including without limitation\";",[352,5622,5623],{},"references to writing include electronic communications.",[282,5625],{},[285,5627,5629],{"id":5628},"_47-survival","47. 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