Welcome to “KUARIO” – “KUARIO” is a mobile Application (“the App”) that consists of a prepaid payment platform on which you can make cashless transactions. The Application and its services will be jointly referred to as the “Service” or the “Services”. The Service is owned by KUARIO B.V. (the “Company”, “we”, “us” or “our”).
For questions or comments that you may have with respect to the Service, you may contact us at any time, at: KUARIO B.V., firstname.lastname@example.org , Address: Pondweg 7, 2153 PK Nieuw-Vennep, The Netherlands.
* These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
* No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by the Company, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by the Company or its authorized representative.
* Failure on the Company’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
*The headings contained in these Terms are for reference and/or convenience purposes only and shall not affect in any way the meaning or interpretation of these Terms. “Including”, whether capitalized or not, means without limitation.
About the Service
The Service of “KUARIO” is a cashless prepaid payment platform that enables you to buy products from multiple aligned third party operators of automated machines. (the “Merchants” and the “Machines” respectively).
The locator functionality of the App can find the closest Machine in your surroundings. The locator is dependent on your wireless service, your mobile device’s GPS antenna coverage and the wireless coverage within the area in which you are located at that time. You can make use of our Service only in case the Merchants and Machines concerned use our designated devices which are labelled with the “KUARIO” logo.
Using the Service requires an online connection (Wi-Fi or cellular data) between your mobile device and the Internet. As agreed in the contract with your communication service provider, you are solely responsible for all costs and expenses of such connection.
Users of the Service must be of age as determined in the jurisdiction concerned. Usually, this means 18 years or older. In case you are not of age, you may only accept these Terms with the consent from your parents or legal guardian.
By registering and using the Service, you declare that you have reached the age of 18 years. In case you are younger than 18 years, you declare that your parents or legal guardians agree with the Terms and allow you to use the Service. We can request additional information to confirm your age at any time. In case we have the suspicion that you are younger that the minimum age, we reserve the right to terminate the personal account.
Please note that the (download) terms, restrictions and disclaimers from the third-party store or platform (like Apple’s App Store or Google Play Store) are also applicable to (downloading, installing and using) the KUARIO App.
You may not transfer, sell or assign your personal account in any way to a third party. In order to use the Service you need to create a personal account. To register you need to provide us with specific personal and payment details. These payment details will be used to load prepaid money to your personal account. You have to submit only true, accurate and complete information. If you register false or incorrect information or information that is outdated or otherwise fraudulent, we may prevent you from creating a personal account or temporarily suspend or permanently disable your account, and contact you.
If you suspect your personal account on the Service has been compromised, you have to notify us instantaneously. We will suspend your personal account to prevent unauthorized use of this account and money. If any money on your personal account on the Service has been used, we cannot be held accountable.
In the event your mobile device was stolen, lost or damaged, you may download the App on another mobile device. After you have logged in to your personal account your existing balance will be automatically transferred.
We may request additional information to verify your identity at all times. This may occur during the registration process, throughout your use of the Service, or when you submit requests related to your personal account on the Service. In case you do not provide us with the requested information, we reserve the right to suspend or terminate your personal account, pursuant to these Terms.
You have a right to cancel your personal account within the statutory “cooling-off” period of 14 days starting from the date of your KUARIO account creation. You must contact us within this period and inform us of the fact that you wish to withdraw from the agreement with KUARIO B.V. and you must not use the KUARIO account upon the withdrawal.
Loading prepaid money
As a registered user, you are able to load prepaid money onto your personal account on the Service. You can load the money using the supported payment methods (“Payment Methods”), which presently include: Credit card or debit card charge and/or alternative payment methods like i.e. iDeal, SOFORT, PayPal etc. We may change the available Payment Methods at any time without being required to serve prior notice. We may also add additional Payment Methods or cease to use previously supported Payment Methods. We may also, without your consent, limit the maximum amount of money that may be loaded onto your personal account.
By means of one or more of our supported Payment methods you may load prepaid money on your personal account by selecting a Payment Method. Such Payment Method is provided by third parties such as credit card companies or banks, who will subsequently process authorized payments, causing prepaid money to be allocated to your account. Such transactions are also subject to the contractual agreements between you and these third parties. Please note that these third parties may charge a (commission) fee. The Company is not responsible for such commission fee(s and any fees charged by such parties may be part of or subject to the terms of such Payment Method.
By choosing and connecting one or more of the Payment Methods in your personal account, during and after registration to the Service, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with the Service. You consent that every time you choose to load prepaid money to your personal account the selected Payment Method will be charged. By removing the payment details and Payment Method from your personal account, you can withdraw your consent to charge money with this Payment Method.
Before completing payment transactions we may require additional information.
You are not entitled to any interest or linkage differentials regarding to the money on your personal account on the Service.
The money that has been loaded onto your personal account on the Service is available for seven (7) years, starting from the moment you load the money on your account. After 7 years you irrevocably relinquish and waive any rights in and to such funds and will therefore not be able to purchase anything or obtain a refund of the money.
You may only use the Service for purchases at participating Merchants and Machines that use our designated devices and are labelled with the “KUARIO” logo.
You are fully accountable and responsible for the selection of products you choose to purchase and at which Machine you wish to purchase these products. Your purchases are not eligible for any refund from us. Please read and follow the instructions on the Machine provided by the Merchant carefully. By choosing a product on a machine, you consent to pay the price for the product as indicated on the Machine. Payment is effected by deducting the amount indicated for the product, from your account on the Service.
In case the money on your account is insufficient to purchase the selected product, an alert will appear on your screen. You will not be able to purchase the selected product. It is not possible to extend a credit and you may not expend funds in excess of the balance on your account.
Merchants may charge added commission fees which may increase the (final) price of your selected product.
We will not send you a refund, for purchases made through your personal account on the Service.
In case the currency of the Machine is different from the currency of your personal account, we may (also) add a commission fee at the rates as indicated in commission table of the ECB. We may at any time and without informing you change this Commission Table.
By accepting these Terms, you consent and acknowledge that the collaboration between the Service and the Merchants and Machine does not constitute any recommendation by the Company of any Merchant, Machine or product. We do not encourage to buy any of the items the Merchants and Machines offer. We have the right to restrict the maximum amount of funds you may use for purchases in a specific period of time, on a given Machine or with a given Merchant.
Some Merchants may offer loyalty programs that may be connected to your personal account. The Merchants are solely accountable for these programs and these programs are subject to their terms and conditions. With questions regarding any Merchant loyalty program, you must contact the relevant Merchant directly. You acknowledge and consent that rewards (if any) associated with Merchants’ loyalty programs, have no monetary value on the Service and are not exchangeable for cash or cash equivalent through the Service. Merchants may choose to discontinue their loyalty program(s) at any given time. You can and will not hold us liable for any negative result that is related to the discontinuation of the abovementioned.
The Merchant should also be contacted directly, in any case the product was not delivered by the Machine or in case of a damaged product after the completion of the purchase process. The Company is not responsible and/or liable for products that were not vended, or not correctly vended, through the Machine, and you are not entitled to any refund from the Company in connection with any product not vended, or not correctly vended, through a Machine.
You acknowledge that the Merchants bears full and sole responsibility with respect to the Machines and their respective products. This includes, without limitation, in respect of product liability or consumer protection claims. Any communications, dealings or purchase transactions that you make through the Machines, or with Merchants, are made strictly between you and such Merchants. The Company is not a party and does not assume any responsibility or liability with respect to such communications, dealings or purchase transactions. You hereby release and agree to hold harmless the Company and the Staff, from any and all causes of action and claims of any nature resulting from the abovementioned on and through the Service.
We hereby grant you a limited, worldwide, revocable, non-exclusive, personal, non-sub licensable, non-transferable, non-assignable right and license to download and install the App on your device and to use the Service in accordance with these Terms. The license is granted until the termination or expiration of these Terms or the termination of your personal account.
The App is free to download, install and/or use, apart from any fees or commissions we may charge. We could, however, at any time start charging you for the download, install or use of the Service or any of its (future) features. We will notify you beforehand and seek your consent for these charges. In case you do not agree with these charges we may suspend or terminate your (right of )access to the Service, delete your personal account and terminate these Terms.
Acceptable use of the Service
Subject to the Terms, you may only use the Service for personal and non-commercial purposes. You are responsible for all actions associated with your personal account, access and use of the Service, also for actions on your behalf. You agree to abide by all applicable laws, regulations and rules and any usage guidelines that we may convey from time to time.
When using the Service, you agree to refrain from willfully, or negligently:
– Breaching the Terms or any other applicable rules and instructions that we may convey regarding the use of the Service and any part thereof;
– Interfering with, burdening or disrupting the functionality of the Service;
– Breaching the security of the Application or identifying any security vulnerabilities in it;
– Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
– Sending automated or machine generated queries;
– Using robots, crawlers and similar applications to collect and compile content or information from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
– Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
– Collecting or processing personal information regarding the Service’s users;
– Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
– You are not allowed to use the Service for transactions, purchases, or for the commission of activities, that may be considered, may constitute or encourage conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any applicable law. You may not use the Service to purchase any restricted or unlawful products or services, including counterfeit products, illegal drugs and copyright-infringing, pirated content or products or services associated with pyramid schemes.
We may suspend or terminate your personal account, or block your access to and use of the Service. We can do this at our sole discretion and if we believe that you are using the Service fraudulently or abusively. We may use technological measures to detect and prevent fraudulent or abusive use of the Service without notifying you beforehand.
Legal compliance, anti money laundring
You accept and confirm that You are using the App and the Service properly and in accordance with applicable AML (anti money-laundering) and CTF (counter terrorist financing) laws and requirements. You agree to provide us with accurate, true, current and complete information including such identification and verification documentation as may be required by KUARIO at any time. You commit that all funds used to load/reload Your KUARIO prepaid account originate from legitimate activities and sources.
It is strictly prohibited to use Your KUARIO account for purposes including, but not limited to, Money Laundering, fraud, terrorist financing or such other illegal/criminal activities.
It is strictly prohibited to use Your KUARIO account to receive funds from persons or entities engaged in fraud, terrorist financing, money laundering, fraud or other illegal/criminal activities. If we believe that you may be acting in breach of these prohibitions, we shall report the transaction to the relevant law enforcement authorities.
You are obliged to act in your name and not on behalf of a third party unless otherwise notified to do so in writing and confirmed and accepted by KUARIO.
We reserve the right to suspend your account in the instance of any suspicious activities, upon notification, until the required processes and checks have been carried out by our fraud and compliance departments.
You affirm that you comply with all laws to which you are subject when using the Service, which may include the use of the Service in a country which is not your home country.
You acknowledge and accept that funds stored on your KUARIO account do not constitute a term deposit and no interest or bonus shall be accumulated on such funds.
You agree and understand that You can have only one personal and one business KUARIO account (maximum two accounts) at any given time.
You should be aware that loadings/reloadings may be subject to loading/reloading limits due to security and legal requirements.
You must not load/reload Your KUARIO account through a credit or debit card or other payment instrument or a payment account if You are not the named holder of that payment instrument or account. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument or account of which You are not the named holder as a fraudulent act.
You may terminate your personal account. To do so you have to terminate your account via the App on your device. On termination of your account, you are entitled to a refund, but only for the maximum value of your last top up. Our refund policies are under strict AML/CFT regulations. Therefore, refunds will only be transferred to the same account, using the same payment method as was used to load the funds and only for the maximum value of your last top up transaction. You can request your refund via the App. You will receive your refund minus the administration fee we charge you for this transaction.
We may temporarily or permanently deny, suspend, limit, or terminate these Terms and your user account, prohibit you from accessing the Service, and take technical and legal measures to keep you off the Service, in addition to any remedies that may be available to us under any applicable law, if the Company in its sole discretion determines that:
– You have abused your rights to use the Service;
– You have breached the Terms or have failed to comply with our reasonable requests for information regarding your identity;
– You performed any act or omission that violates any applicable law, rules, or regulations;
– You performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service;
– You have made use of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act;
– You have abandoned your account for more than seven years since your last loading of prepaid funds;
– You deliberately submitted false information;
– You conveyed your password or Service account details to another person or entity; or
– You are in debt to us.
Upon termination of these Terms or your account, for any reason, your right to use the Service terminates and you must immediately cease using the Service and uninstall the Application from all mobile devices in your possession or control. We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers and we will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data. You hereby acknowledge and waive any and all rights in and to all prepaid and unused funds remaining in your account and will not be entitled to any refund, in these abovementioned specific cases.
In case of termination or expiration of the Terms, the following sections shall survive: Account termination, Privacy, Intellectual property, Limitation of liability, Indemnification, Application Marketplace, Governing Law & Jurisdiction, General.
Commercial information and (external) links
Information of commercial nature and/or advertisements, from which the source of such information may originate from the Company, the Merchants or other third parties, may be incorporated in the Service by the Company. If such information originates from the Merchants or other third parties, the Company cannot guarantee or make any representations with respect to the accuracy, integrity of such communications. The advertising of commercial content by the Company does not constitute a recommendation or encouragement by the Company to acquire the goods or services advertised. The Company may grant third parties certain marketing research rights with respect to the use the Service, e.g. to conduct surveys and/or approach the Service’s users with questions of commercial nature.
Links to content published on other applications, websites or external sources, provided by third parties may be included in the Service. Please be aware that these are not operated or monitored by the Company. By linking to a certain website or content, we do not recommend, or sponsor its content, or approve its credibility, accuracy, authenticity, validity, reliability, integrity, or legality. Company cannot be held responsible or liable for such third party websites or content, or their availability.
All rights, title and interest in and related to the Service are owned by, or licensed to the Company. This includes, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Without explicit prior written authorization from the Company, you are not in any way allowed to distribute, copy, display or perform publicly, make available to the public, adapt, make commercial use, sublicense, disassemble, decompile, reduce to human readable form, execute publicly, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Service, its content, or any part thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You must refrain from any action or omission which may adversely affect the goodwill of Company. This includes, but is not limited, to the adaptation or use of any mark, logo or name that is identical, or confusingly similar to the trademarks, services marks and logos of the Company and other providers of the Service.
Changes in the service; discontinuation
Company will endeavor, but is not obliged, to maintain the Service. Furthermore, Company is not obliged to provide periodic releases of bug fixes, code updates or upgrades. We will define, at our discretion, the interval and scope of such releases and you will have no action, claim or demand of whatever legal nature whatsoever against us or our Staff, with respect to the decision to issue releases or not, or the contents of such release(s).
By accepting these Terms, you give us permission to upload and automatically install on your mobile device, without any prior or additional notification, updates, upgrades, code modifications, enhancements, bug fixes, improvements. Including any other form of code or settings changes in or to the Application, which, among other things, may change the App’s settings, layout, design or display.
By accepting these Terms you have also granted us permission to, at any time and without prior notice, to change the layout, design, scope, features or availability of the Service. These changes may cause inconvenience or even failures or malfunctioning of the Service. You agree and accept that we do not assume any accountability or responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
By accepting these Terms, you give us permission, at any time, at our sole discretion, to stop or terminate the operation of the Service, or any part thereof, momentarily or permanently, for all users, or for certain users, without any liability or obligation towards you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you other than the maximum value of your last top up transaction, minus administrative fees.
Service support, availability and quality
The functionality, quality and availability of the Service depends on several factors. These factors, such as: software, hardware, communication networks and quality of cellular network connectivity, are provided by third parties, and are therefore not Company’s responsibility. These factors are not trouble-free and do not always bring the best possible throughput or quality of service. We do not warrant, guarantee or represent in any way that the Service will operate without severance, errors or interruptions, that it will provide acceptable visual quality, or that it will be accessible, or available at all times or free from errors, glitches or unauthorized access.
Company will endeavor for a continuous availability of the Service. Nonetheless, Company is in no way required or under an obligation to offer technical support in connection with your use of the App and/or the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no action, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.
Amendments to the Terms
The Company may change the Terms from time to time. Substantial changes will take effect 30 days after the Company has posted an initial notification on the Service’s homepage or on any other relevant section of the Application, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless we amend the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
Your continued use of the Service after the changes have entered into effect, constitutes your acceptance of the amended Terms and all documents, forms and policies incorporated thereto.
DISCLAIMER OF WARRANTY
We do not warrant that the App and/or Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components. You agree and acknowledge that the use of the Service is entirely at your own risk or at the maximum permitted by law. The Company provides the Service for use on an “as is” and “as available” basis. They cannot be customized to fulfill the needs of each and every user. To the fullest extent permitted by applicable law, we disclaim all warranties and representations, either express or implied, with respect to the Service, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security or accuracy.
LIMITATION OF LIABILITY
You will not hold the Company and/or its Staff liable, for any indirect, incidental or consequential damage, or any other damage. This also includes loss (including loss of profit and loss of data), costs, payments and expenses, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the Service or any of the Services therein, or from any failure, error, or breakdown in the function of the Service, or from any fault, or error made by our Staff or anyone acting on its behalf, or from your reliance on the Service, or from any transactions made with the merchants, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your data on the Service, to the maximum extent permitted by law. In any event, your sole remedy for direct damages will be limited to the amount of the commissions the Company charged you for, during the six months preceding the event purportedly giving rise to the damage.
By accepting these Terms, you agree to indemnify, defend and hold harmless, the Company and its Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with the and/or your use of the Service, breach of the Terms, any other terms, rules or regulations applicable to the Service, your violation, or infringement of any other person’s rights, or your activities, transactions and communications on or through the Service, to the maximum extent permitted by law.
CHOICE OF APP STORE
If you have downloaded the Application from Apple’s App Store, you and the Company agree and acknowledge that:
– These Terms are concluded between yourself and the Company, and not with Apple Inc. (“Apple”). Apple is not responsible for the Application. In the event of a conflict between these Terms and the “Usage Rules” established by Apple and its principals (as this term is defined in the App Store Terms and Conditions) or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail. If any provision of these Terms is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail.
– You may use the Application on an iPhone or an iPad that you own or control. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
– Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
– In the event of any third party claim that the Application, or your possession and use of the Application infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
– Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
– If you downloaded the Application from a different application marketplace, other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the Application.
These Terms and the agreement between us which is governed by these Terms, as well as any rights, agreements or obligations (t)hereunder may not be assigned, by operation of law, merger or otherwise, without the prior written consent by us. Any purported assignment without prior written consent will be null and void and not binding.
Subject to the preceding sentence, we may assign out agreement which is governed by these Terms and thus the Terms in its/their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a reorganization or restructuring, merger, acquisition, change of control or the sale of all or substantially all of our equity or assets relating to the agreement governed by these Terms. By virtue of such assignment, the assignee assumes our position in the agreement between you and us, including all right, duties, liabilities and obligations.
If any of the Terms or other provision is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, then the provision shall be performed and enforced to the maximum extent permitted by law. All other terms, provisions and conditions shall nevertheless remain in full force and effect.
Governing Law & Jurisdiction
These Terms, our agreement governed by these Terms and your use of the Service will be governed by and construed in accordance with the laws of The Netherlands, excluding any otherwise applicable rules of conflict of laws.
The competent courts located in Amsterdam will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
Last updated: 19 November 2020