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Scope",[268,337,338],{},"This Policy applies to:",[300,340,341,344,347,350,353,356,359,362,365],{},[303,342,343],{},"Merchant onboarding;",[303,345,346],{},"ongoing Merchant monitoring;",[303,348,349],{},"payment processing;",[303,351,352],{},"payouts;",[303,354,355],{},"customer due diligence;",[303,357,358],{},"beneficial ownership verification;",[303,360,361],{},"transaction monitoring;",[303,363,364],{},"fraud investigations; and",[303,366,326],{},[282,368],{},[285,370,372],{"id":371},"_3-compliance-commitment","3. Compliance Commitment",[268,374,375],{},"Kwik is committed to maintaining a risk-based compliance programme designed to:",[300,377,378,381,384,387,390,393,396],{},[303,379,380],{},"comply with Applicable Law;",[303,382,383],{},"prevent financial crime;",[303,385,386],{},"protect Customers;",[303,388,389],{},"protect financial institutions;",[303,391,392],{},"protect payment partners;",[303,394,395],{},"safeguard the integrity of the financial system; and",[303,397,398],{},"reduce legal, regulatory and reputational risk.",[268,400,401,402,405,406,409],{},"Kwik is registered with the Financial Intelligence Centre as an accountable institution under the Financial Intelligence Centre Act, 2001 (\"",[271,403,404],{},"FICA","\"), maintains a Risk Management and Compliance Programme (\"",[271,407,408],{},"RMCP","\") in accordance with section 42 of FICA, and has appointed a compliance officer in accordance with section 43 of FICA.",[282,411],{},[285,413,415],{"id":414},"_4-applicable-laws","4. Applicable Laws",[268,417,418],{},"Merchants must comply with all Applicable Laws relating to financial crime.",[268,420,421],{},"These may include, without limitation:",[300,423,424,427,430,433,436,439,442,445,448],{},[303,425,426],{},"FICA;",[303,428,429],{},"the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (POCDATARA);",[303,431,432],{},"the Prevention of Organised Crime Act, 1998 (POCA);",[303,434,435],{},"applicable South African targeted financial sanctions, including those implemented under the Implementation of Resolutions of the Security Council of the United Nations Resolutions Act, 2008;",[303,437,438],{},"United Nations Security Council sanctions lists, where applicable;",[303,440,441],{},"card scheme requirements;",[303,443,444],{},"acquiring bank requirements;",[303,446,447],{},"sponsor bank requirements; and",[303,449,450],{},"other applicable financial crime legislation.",[268,452,453],{},"Where a transaction or Merchant is subject to foreign sanctions laws due to payment network or banking requirements, Kwik may also apply those requirements where legally permissible.",[282,455],{},[285,457,459],{"id":458},"_5-merchant-due-diligence","5. Merchant Due Diligence",[268,461,462],{},"Before providing Services, Kwik may conduct risk-based due diligence, including verification of:",[300,464,465,468,471,474,477,480,483,486,489,492,495,498,501,504],{},[303,466,467],{},"legal entity information;",[303,469,470],{},"directors;",[303,472,473],{},"authorised representatives;",[303,475,476],{},"beneficial owners;",[303,478,479],{},"shareholders;",[303,481,482],{},"banking information;",[303,484,485],{},"trading activities;",[303,487,488],{},"source of funds, where appropriate;",[303,490,491],{},"source of wealth, where appropriate;",[303,493,494],{},"licences and regulatory approvals;",[303,496,497],{},"sanctions exposure;",[303,499,500],{},"politically exposed persons (as described in Section 9 below);",[303,502,503],{},"adverse media; and",[303,505,506],{},"other information reasonably required to assess financial crime risk.",[268,508,509],{},"Approval of a Merchant does not constitute a representation that the Merchant has passed any governmental or regulatory certification process.",[282,511],{},[285,513,515],{"id":514},"_6-ongoing-monitoring","6. Ongoing Monitoring",[268,517,518],{},"Kwik may perform ongoing monitoring throughout the Merchant relationship.",[268,520,521],{},"Monitoring may include:",[300,523,524,527,529,532,535,538,541,544,547,550],{},[303,525,526],{},"sanctions screening;",[303,528,361],{},[303,530,531],{},"behavioural analysis;",[303,533,534],{},"fraud monitoring;",[303,536,537],{},"changes in ownership;",[303,539,540],{},"changes in business activities;",[303,542,543],{},"unusual transaction patterns;",[303,545,546],{},"increased Chargeback activity;",[303,548,549],{},"regulatory developments; and",[303,551,552],{},"other risk indicators.",[268,554,555],{},"Merchants acknowledge that monitoring may occur automatically or manually.",[282,557],{},[285,559,561],{"id":560},"_7-merchant-obligations","7. Merchant Obligations",[268,563,564],{},"The Merchant represents and warrants that:",[300,566,567,570,573,576,579],{},[303,568,569],{},"neither the Merchant nor, to the Merchant's knowledge, its directors, officers or beneficial owners are subject to applicable sanctions;",[303,571,572],{},"the Merchant will not knowingly use the Services to facilitate money laundering, terrorist financing, proliferation financing or other financial crime;",[303,574,575],{},"the Merchant will promptly notify Kwik of any material change affecting its sanctions or AML risk profile;",[303,577,578],{},"all information provided to Kwik is complete, accurate and not misleading; and",[303,580,581],{},"the Merchant will cooperate with any reasonable compliance requests made by Kwik.",[282,583],{},[285,585,587],{"id":586},"_8-sanctions-screening","8. Sanctions Screening",[268,589,590],{},"Kwik may screen Merchants, authorised users, beneficial owners, recipients and transactions against targeted financial sanctions lists, including lists maintained or referenced by the Financial Intelligence Centre, the United Nations Security Council, and other competent authorities, and against other compliance databases.",[268,592,593],{},"Screening may occur:",[300,595,596,599,602,605,608,611,614],{},[303,597,598],{},"during onboarding;",[303,600,601],{},"before enabling Services;",[303,603,604],{},"before payouts;",[303,606,607],{},"during ongoing monitoring;",[303,609,610],{},"when ownership changes;",[303,612,613],{},"when transaction behaviour changes; or",[303,615,616],{},"whenever Kwik reasonably considers it necessary.",[268,618,619],{},"Kwik may use third-party screening providers to assist with these activities.",[282,621],{},[285,623,625],{"id":624},"_9-politically-exposed-persons","9. Politically Exposed Persons",[268,627,628],{},"Where applicable, Kwik may identify whether a Merchant, director, beneficial owner or authorised representative is:",[300,630,631,638,644,647],{},[303,632,633,634,637],{},"a Domestic Prominent Influential Person (\"",[271,635,636],{},"DPIP","\");",[303,639,640,641,637],{},"a Foreign Prominent Public Official (\"",[271,642,643],{},"FPPO",[303,645,646],{},"a person who is, or has been, entrusted with a prominent function by an international organisation; or",[303,648,649],{},"a known close associate or family member of any of the above,",[268,651,652,653,656],{},"in each case as those terms are used in FICA (each, a \"",[271,654,655],{},"PEP","\").",[268,658,659],{},"PEP status does not automatically prevent a Merchant from using the Services.",[268,661,662],{},"However, Kwik may require enhanced due diligence, additional approvals or ongoing monitoring.",[282,664],{},[285,666,668],{"id":667},"_10-suspicious-activity","10. Suspicious Activity",[268,670,671],{},"The Merchant shall immediately notify Kwik if it becomes aware of:",[300,673,674,677,680,683,686,689,692,695],{},[303,675,676],{},"suspected money laundering;",[303,678,679],{},"terrorist financing;",[303,681,682],{},"sanctions violations;",[303,684,685],{},"fraud;",[303,687,688],{},"identity theft;",[303,690,691],{},"suspicious transactions;",[303,693,694],{},"attempted misuse of the Services; or",[303,696,697],{},"other suspected financial crime involving the Services.",[282,699],{},[285,701,703],{"id":702},"_11-reporting","11. Reporting",[268,705,706],{},"Where required by Applicable Law, including section 29 of FICA, Kwik may file reports, including suspicious transaction and suspicious activity reports, with:",[300,708,709,712,715,718,721,724,727],{},[303,710,711],{},"the Financial Intelligence Centre;",[303,713,714],{},"law enforcement agencies;",[303,716,717],{},"regulatory authorities;",[303,719,720],{},"acquiring banks;",[303,722,723],{},"sponsor banks;",[303,725,726],{},"payment schemes; or",[303,728,729],{},"other authorised bodies.",[268,731,732],{},"In accordance with section 29(4) of FICA, Kwik is prohibited from disclosing to a Merchant, or to any person, that a report has been or will be made, or any information regarding the contents of such a report, and Kwik is not required to notify the Merchant before making such reports.",[282,734],{},[285,736,738],{"id":737},"_12-information-requests","12. Information Requests",[268,740,741],{},"Kwik may request additional information at any time, including:",[300,743,744,747,750,753,756,759,762,765,768,771],{},[303,745,746],{},"financial statements;",[303,748,749],{},"invoices;",[303,751,752],{},"contracts;",[303,754,755],{},"proof of delivery;",[303,757,758],{},"customer information;",[303,760,761],{},"ownership information;",[303,763,764],{},"bank statements;",[303,766,767],{},"licences;",[303,769,770],{},"source of funds documentation; or",[303,772,773],{},"any other information reasonably required for compliance purposes.",[268,775,776],{},"Failure to provide requested information within a reasonable period may result in suspension or termination of the Services.",[282,778],{},[285,780,782],{"id":781},"_13-restricted-jurisdictions","13. Restricted Jurisdictions",[268,784,785],{},"Kwik may restrict or refuse Services involving jurisdictions that present elevated sanctions, financial crime or regulatory risk.",[268,787,788],{},"Restrictions may be based on:",[300,790,791,794,797,800,803,806],{},[303,792,793],{},"Applicable Law;",[303,795,796],{},"banking requirements;",[303,798,799],{},"payment network requirements;",[303,801,802],{},"sponsor bank requirements;",[303,804,805],{},"regulatory guidance; or",[303,807,808],{},"Kwik's internal risk assessment.",[268,810,811],{},"Kwik may update the list of restricted jurisdictions without prior notice where reasonably necessary to comply with legal or regulatory obligations.",[282,813],{},[285,815,817],{"id":816},"_14-crypto-asset-payment-methods","14. Crypto Asset Payment Methods",[268,819,820],{},"Where the Services include a payment method that facilitates payment by or settlement in a crypto asset, the underlying crypto asset trading, exchange, custody and conversion functions are provided by a third-party crypto asset service provider integrated with the Services, and not by Kwik.",[268,822,823],{},"The Merchant acknowledges that such third-party crypto asset service providers are responsible for their own compliance with Applicable Law, including, where applicable, licensing as a crypto asset service provider in terms of the Financial Advisory and Intermediary Services Act, 2002, and compliance with applicable FICA obligations relating to crypto asset transfers.",[268,825,826],{},"Kwik may request additional information from a Merchant using a crypto asset payment method, including originator and beneficiary information, where reasonably necessary to support Kwik's own compliance obligations or those of its banking partners.",[282,828],{},[285,830,832],{"id":831},"_15-enforcement","15. Enforcement",[268,834,835],{},"Where Kwik reasonably believes that a Merchant or transaction presents an unacceptable compliance risk, Kwik may:",[300,837,838,841,844,847,850,853,856,859,862,865],{},[303,839,840],{},"request additional information;",[303,842,843],{},"delay processing;",[303,845,846],{},"refuse transactions;",[303,848,849],{},"suspend payment methods;",[303,851,852],{},"suspend payouts;",[303,854,855],{},"retain funds where permitted by law;",[303,857,858],{},"suspend the Merchant Account;",[303,860,861],{},"terminate the Merchant Agreement;",[303,863,864],{},"report relevant information to competent authorities; or",[303,866,867],{},"take any other action reasonably necessary to comply with Applicable Law or protect the integrity of the Services.",[268,869,870],{},"Nothing in this Policy obliges Kwik to continue providing Services where doing so would expose Kwik, its banking partners or payment partners to legal, regulatory or financial risk.",[282,872],{},[285,874,876],{"id":875},"_16-record-retention","16. Record Retention",[268,878,879],{},"Kwik shall retain records relating to Merchant onboarding, verification, transaction monitoring and compliance activities for a period of not less than five (5) years, calculated from the date on which the relevant business relationship with the Merchant ends or the relevant transaction is concluded, in accordance with sections 22 and 24 of FICA, or for such longer period as may otherwise be required by Applicable Law or reasonably necessary to:",[300,881,882,885,888,891,894],{},[303,883,884],{},"comply with regulatory obligations;",[303,886,887],{},"investigate financial crime;",[303,889,890],{},"respond to legal proceedings;",[303,892,893],{},"resolve disputes; or",[303,895,896],{},"protect Kwik's legal rights.",[282,898],{},[285,900,902],{"id":901},"_17-policy-updates","17. Policy Updates",[268,904,905],{},"Kwik may amend this Policy from time to time to reflect:",[300,907,908,911,914,916,918,921],{},[303,909,910],{},"legislative changes;",[303,912,913],{},"regulatory developments;",[303,915,799],{},[303,917,796],{},[303,919,920],{},"evolving financial crime risks; or",[303,922,923],{},"operational improvements.",[268,925,926],{},"The latest version will always be published at:",[268,928,929],{},[271,930,238],{},[268,932,933],{},"Continued use of the Services after the effective date of an updated version constitutes acceptance of the revised Policy where permitted by Applicable Law.",[282,935],{},[285,937,939],{"id":938},"_18-contact","18. Contact",[268,941,942],{},"Questions relating to this Policy may be directed to:",[268,944,945],{},[271,946,947],{},"Compliance Officer",[268,949,950,951],{},"Email: ",[271,952,953],{},[954,955,957],"a",{"href":956},"mailto:compliance@kwik.co.za","compliance@kwik.co.za",{"title":959,"searchDepth":960,"depth":961,"links":962},"",1,2,[963,964,965,966,967,968,969,970,971,972,973,974,975,976,977,978,979,980],{"id":287,"depth":961,"text":288},{"id":334,"depth":961,"text":335},{"id":371,"depth":961,"text":372},{"id":414,"depth":961,"text":415},{"id":458,"depth":961,"text":459},{"id":514,"depth":961,"text":515},{"id":560,"depth":961,"text":561},{"id":586,"depth":961,"text":587},{"id":624,"depth":961,"text":625},{"id":667,"depth":961,"text":668},{"id":702,"depth":961,"text":703},{"id":737,"depth":961,"text":738},{"id":781,"depth":961,"text":782},{"id":816,"depth":961,"text":817},{"id":831,"depth":961,"text":832},{"id":875,"depth":961,"text":876},{"id":901,"depth":961,"text":902},{"id":938,"depth":961,"text":939},"Version: 1.2","md",null,{},true,{"description":981},"ys6eSn2DYCQlOfAQ7PrZN1tJYAAdb-AM3MuWBdDG0Oc",[989,990],{"title":233,"path":234,"stem":235,"description":981,"children":-1},{"title":241,"path":242,"stem":243,"description":981,"children":-1},1783493453528]