Terms and Conditions for Using the Government Financial Stamps Application on Smart Devices

1. Preamble

1.1. Pursuant to the Electronic Payment Services Agreement signed between Ministry of Finance and The Shared Electronic Banking Services Company (KNET), The Government Financial Stamp Application (the “Application“) was developed and is being operated on smart devices by The Shared Electronic Banking Company ("K-Net"), a company registered with the Ministry of Commerce and Industry in Kuwait and it is an “Electronic Payment Service provider” registered with Central Bank of Kuwait in the register of Electronic Payment Service Providers and their Agents. In these Terms and Conditions, the terms "E-payment Service Provider", "we", “our” and “us” refer to K-Net.

1.2. The terms and conditions of using the Application (the "Terms and Conditions") shall apply to any user (as defined below) who uses the Application. Please read these Terms and Conditions carefully. By using the Application this shall be deemed as an acceptance of these Terms and Conditions.

1.3. The Application is a new channel for the purchase of electronic financial stamps. The Application aims to replace and dispense the purchase of government financial stamps (the "Stamps") through the self-payment devices (“KIOSK”) or points of sale devices. The Application allows any K-Net cardholder or credit/debit cardholder to purchase Stamps and use them in the relevant government entities/authorities according to the purposes specified by those entities/authorities (the "Services").

1.4. In that regard, the terms "user", "you" and "your" shall refer to all users of the Application.

2. REQUIRED INFORMATION

2.1. Any K-Net cardholder or credit/debit cardholder should be able to use the Application.

2.2. The maximum value of a Stamp is KWD50.

2.3. The currency used for the value of the Stamp is the Kuwaiti Dinar.

2.4. The Stamp issued by the Application shall only be used in the authority that you selected and specified when the Stamp was purchased.

2.5. After completing the payment process, you will receive a message stating whether the payment process is succeeded or failed.

2.6. It is not permissible, in any way, to return the Stamp that was purchased or refund its value after completing the purchase process, whether the Stamp was purchased through the Application or through any other means of issuing and selling the Stamp.

2.7. The Application may require providing certain information of the card used in the payment process, the user's phone number, the civil ID number and/or any other information. Such information is processed by K-Net in a safe and confidential manner for the purposes set out below.

2.8. It is the sole responsibility of the user to ensure that the information entered into the relevant fields is correct. It is recommended that users retain a copy of the transaction information for record-keeping purposes, such information will be required to assist in the resolution of any disputes that may arise out of use of the Application.

2.9. The user acknowledges, understands and agrees that by using the Application and Services referred to in these Terms and Conditions, his/her personal data, including, without limitation, details relating to cards, may be transmitted over the Internet, such information may be susceptible to misuse, hacking, theft and / or fraud by third parties and that K-Net and the respective issuing banks have no control over these matters.

2.10. Services are provided using a secure communication channel and reasonable controls in place to secure transactions which are concluded through the Application. However, K-Net does not guarantee that the information provided by the user may not be read, hacked or intercepted by a third party.

2.11. K-Net does not accept or assume any liability in the event of any unauthorized interception, hacking or other unauthorized access to information provided by a user. Furthermore, K-Net shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message, or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.

2.12. Under no circumstances shall K-Net, its employees, directors and its third party agents involved in processing, delivering or managing the Services, to the extent permitted by law, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary damages arising out of or in any way connected with any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

2.13. Card Details:

2.13.1. The user acknowledges that the card details provided by him/her for the use of the Services (including the purchase of the Stamps) are valid, correct and accurate and that the user shall not use a card which is not lawfully owned by them or the use of which is not authorized by the lawful owner thereof. The user further agrees and undertakes that he/she shall provide correct, valid and accurate card details.

2.13.2. The user agrees that he/she shall not share the details of any card used in the Application, including but not limited to the card number, the expiration date, the password and / or verification code, with any person or entity without the approval and / or authorization of the lawful owner of such card; failing which the user shall be solely liable for any liabilities, claims and / or damages that may occur as a result.

2.13.3. The user warrants, agrees, acknowledges and confirms that when they provide the relevant card / bank details and initiate a payment transaction and / or issue payment instructions through the Application that:

(i) The user is fully and lawfully entitled to use such card for such transactions;

(ii) The user is responsible to ensure that the card / details provided by him / her are accurate;

(iii) The user authorizes debit of the registered card and / or used card for the payment of amounts specified by such user.

(iv) The user is responsible for ensuring that sufficient credit is available in the card used at the time of making the payment.

2.14. Account Safety:[EE1] [MN2] [VV3]

2.14.1. The user agrees and declares that he/she shall not share the bank card, any details of using the Application, account number, expiration date, password and / or verification code with anyone, failing which the user shall be fully and solely responsible and liable for any breach that might occur to his/her card data, bank account and / or Application account.

2.14.2. The user agrees, acknowledges and undertakes that all details, data and information provided by him/her for use of the Application are correct and accurate. K-Net shall under no circumstances assume any liability if the user enters wrong details (including wrong phone number, bank account details and amount of money, etc.) for any transaction. The user shall remain fully responsible for their actions in this regard.

2.14.3. The user shall be solely responsible for the safe keeping of his/her bank card and smart device. [EE4] [MN5] K-Net shall not be responsible for any loss suffered by the user due to the loss of or unauthorised access to their smart device or bank account. However, the user should notify K-Net and the issuing bank as soon as possible following the loss of their bank card and / or smart device in order to stop any transactions.

2.14.4. The user declares his / her sole responsibility for all of his / her actions or omission taken when using the Application. The user shall also fully releases K-Net, its agents and employees of any liability for any claims of every kind and nature, arising out of or in any way connected with the user’s actions or omissions in the use of the Application.

2.14.5 The User acknowledges and agrees not to interfere or tamper with the Application or its related internet sites.

3. DISCLAIMER AND LIMITATION OF LIABILITY

3.1. The Application provided by K-Net, including K-Net’s intellectual property developed by K-Net for the purposes of the Services, are made available to users on "as is", "with all faults", "as available" basis and without any further warranties of any kind. Any use of the Application by any user is at the user’s own risk.

3.2. To the fullest extent permissible by law, K-Net disclaims:

1. any representations or warranties related to the use of the Application or the transactions to be undertaken via the Application as contemplated by K-Net, including, to the extent permitted by law, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and hidden or latent defects;

2. implied warranties arising out of course of dealing, course of performance or usage; and

3. any obligation, liability, right, claim or remedy in tort or damages of any kind, whether or not arising from K-Net’s negligence (except for fraud and willful default).

3.3. K-Net does not warrant that the functions available in or through the Application will meet the user’s requirements or be available, timely, secure, uninterrupted or error-free and K-Net will not be liable for any Service interruptions or the use of the Application, including but not limited to system failure or other interruptions that may affect receiving, processing, accepting, completing or settling any transactions.[EE6] [MN7]

3.4. The user releases K-Net, its agents and employees from claims of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the user’s use of the Application and / or the purchase of the Stamps.

3.5. Although K-Net will endeavour to keep the Application reasonably secure and available at all times, due to the nature of the Services, we do not guarantee that the Services will never be compromised by illegal access, hacking or fraud nor do we guarantee that they will always be available and the Service may occasionally experience downtime (including, but not limited to, while we perform maintenance or when we update the application software, etc.).

3.6. Although we will endeavour to ensure that the Application, its contents and Services are accurate, up-to-date and error-free, the Application, its contents and Services related to it are provided on an "as is", "with all faults" and "as available" basis. To the extent permitted by law, we do not provide any warranty or guarantee in connection with the Application, its content and Services, including, by way of example, that it will always be available or that it will be error-free or suitable for any particular purpose; and we expressly decline any such warranties and guarantees to the maximum extent permitted by law.

3.7. To the fullest extent permitted by law, in no event shall k-net be liable to the user or any other person for any direct, indirect, special, exemplary, incidental or consequential damages (including loss of profits, cost of cover, recovery or recoupment) whether based on contract, warranty, tort (including negligence or product liability), strict liability or any other legal theory, even if k-net was advised of the possibility of such damages in advance, arising out of or in connection with k-net’s provision and the user’s use of the application or the transactions contemplated or undertaken via the application.

3.8. K-Net shall not be liable for any failure or delay in performing its obligations if such failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond control including but not limited to acts of God, strikes, government restraints and prohibitions which render performance of the obligations impossible.

4. INDEMNITY

You agree to indemnify and hold us harmless from any loss, liability, claim or demand, including attorneys’ fees, made by any third party (including any of your customers) due to or arising out of your violation of these Terms and Conditions, your failure to comply with them while using the Application as well as in relation to your negligent, fraudulent or illegal actions.

5. PRIVACY POLICY

5.1. Except as provided in these Terms and Conditions, K-Net will endeavour to maintain the confidentiality of the information provided by the user and shall not share this information with parties other than K-Net’s third party processors and all relevant parties in providing the Services (including, the Ministry of Finance and relevant government agencies) and the respective banks with whom the user is transacting; further, the user’s information will neither be made accessible to any other third parties nor transferred in any form or manner by K-Net unless:

· required by law; or

· we believe that the disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud or respond to a government request.

5.2. The user’s information may be shared with our third-party processers. These third parties are authorized to use your personal information only as necessary for the provision of the Services.

5.3. If the payment is made with a card that you do not personally own, the permission of the card owner must always be obtained to make payments using the card. The information provided in this regard shall also be kept confidential and shall only be shared as required to provide the Services and as required by law. By using the Application, you confirm that you have obtained such permission.

5.4. We collect and use personal data (including (1) data associated with your account such as contact information, billing information, and unique identifiers such as login information, (2) the information on the devices and software you use that is associated with the Application such as IP address, operating system information, (3) the Application’s data and information and location data and information on associated wifi routers and cell ID tower, and (4) browsing data) so that we may provide the Services and improve the quality of the Application and the Services generally and for the following purposes in particular:

5.4.1. Providing the Services;

5.4.2. Verifying identities;

5.4.3. Verifying compliance with these Terms and Conditions;

5.4.4. Guarding against any illegality, fraud and/or abuses of these Terms and Conditions;

5.4.5. Providing you with content and advertisements based on your location and interests; and

5.4.6. Improving the Application and the Services.

5.5. The user acknowledges that K-Net shall be entitled to use their personal information for the purposes set out in these Terms and Conditions.

6. SECURITY

6.1. All payment details entered through the Application are encrypted when the user enters them. The system is secure and uses channel and message encryption to offer secure communications by encrypting all data to and from the Application. However, K-Net shall not be liable for any illegal access to the Service or the failure by the user to properly protect their information from being seen by other persons or otherwise obtained by such other persons, during the payment process or in respect of any omission to provide accurate information in the course of the payment process.

6.2. We will retain your information for as long as your card is active or as needed to provide you with the Services. We will keep your information and use it when necessary in compliance with our legal obligations, to settle disputes and to enforce our agreements.

7. INTELLECTUAL PROPERTY

7.1. Nothing in these Terms and Conditions or in the Application itself will give you any right, title or interest in any of our intellectual property rights including, but not limited to, the Application’s software, trademarks of K-Net and the Application, which shall remain our exclusive property in all times whether this intellectual property is registered or not.

7.2. You shall not permit any person to: reproduce, alter, modify, create derivative works of the Application such as reverse engineering, disassemble, decompile, transfer, exchange or translate the Application or seek to obtain or derive the source code or API (being any applicable application programming interface with a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service), or attempt to do any of the aforementioned.

8. NOTICES

You agree to receive any notifications that we may provide through (1) the Application, (2) your smart device/mobile phone number, or (3) your email that may be provided while using the Application. If these notifications result in any charges that may be imposed by a third party (such as mobile phone charges), you shall be solely responsible for such charges.

9. VARIATIONS TO THE TERMS AND CONDITIONS

9.1. K-Net shall reserve the right, which shall be exercised in its sole discretion and without the requirement to obtain any approvals from the user or to provide any prior written notice to the user, to withdraw, change, or modify:

9.1.1. these Terms and Conditions;

9.1.2. the Application; and

9.1.3. the Services.

9.2. The current version of these Terms and Conditions will be published on K-Net’s website at the following address: www.knet.com.kw within the "Our Services" section. It is the user’s responsibility to review such amended Terms and Conditions to inform themselves of any updates.

9.3. By Continuing to use the Application and / or Services after this change or modification, the user shall be deemed to have demonstrated its continued acceptance of the Terms and Conditions.

9.4. K-Net assumes no responsibility nor liability of any kind for the user's failure to comply with this Clause 9.

10. MISCELLANEOUS

10.1. If either we or you have any right to enforce these Terms and Conditions against each other, this right shall not be lost even if the party which has the right delays enforcing it, or waives their right to enforce it in any instance.

10.2. In the event that the court or any other authority decides that any part of these Terms and Conditions is illegal or unenforceable, the rest of these Terms and Conditions shall be unaffected and shall remain in force. K-Net will modify this section to achieve the desired result.

10.3. You acknowledge and agree that we can assign any and / or all of our rights and obligations under these Terms and Conditions to any third party at any time in our sole discretion without the need to provide any prior written notice or any notification of any kind.

10.4. Nothing expressed, mentioned in or implied from these Terms and Conditions shall be intended or will be construed to give to any person, other than K-Net and the user, any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions. The user shall not make any statement that would contradict anything in this Clause.

10.5. These Terms and Conditions constitute the entire agreement between the user and K-Net and shall supersede all previous agreements between these parties regarding its subject matter. The user acknowledges that, in agreeing to be bound by these Terms and Conditions, they shall have no right or remedy in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out herein. Any changes in these Terms and Conditions shall not be valid, other than what is expressly set out in these Terms and Conditions, unless any such changes are published by K-Net at the link mentioned above.

10.6. Any dispute arising out of or in connection with the use of the Services and these Terms and Conditions, including any question regarding their existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of Kuwait. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Kuwait.

10.7. K-Net has the right to amend these Terms and Conditions at any given time without prior notifications to the user and refrain itself from any subsequent liability in whatever form. It is the user sole responsibility to keep posted with any variation / amendments in such Terms and Conditions.

10.8 KNET reserves the right to terminate a users membership to the application at any time if the user breached these Terms and Conditions.

11. OTHER POINTS

In connection with performing the Services stipulated herein, K-Net will collect and may disclose to the relevant authorities, certain user information that may be relied upon regarding K-Net's compliance with applicable laws, policies and regulations that aim to prevent and detect money laundering and /or terrorist financing activities (hereinafter, the “AML Regime”). The user acknowledges K-Net’s obligations to comply with the AML Regime and shall fully cooperate as required in such matters.