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In connection with your use of our websites, your KiiBank account, the KiiBank Services, or in the course of your interactions with KiiBank, other KiiBank customers, or third parties, you will not:
Breach this user agreement, the KiiBank Acceptable Use Policy, or any other agreement between you and KiiBank.
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
Infringe KiiBank's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. Sell counterfeit goods.
Act in a manner that is defamatory, trade libellous, threatening or harassing. Provide false, inaccurate or misleading information.
Send or receive what we reasonably believe to be potentially fraudulent funds. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both KiiBank and the seller, bank or card issuer for the same transaction.
Control an account that is linked to another account that has engaged in any of these restricted activities.
Conduct your business or use the KiiBank Services in a manner that results in or may result in complaints; requests by buyers (either filed with us or card issuers) to invalidate payments made to you; or; fees, fines, penalties or other liability or losses to KiiBank, other KiiBank customers, third parties or you. Use your KiiBank account or the KiiBank Services in a manner that KiiBank, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules. Allow your KiiBank account to have a negative KiiBank balance. Provide yourself a cash advance from your credit card (or help others to do so). Access the KiiBank Services from a country that is not included on KiiBank's permitted countries list;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the KiiBank Services) operated by us or on our behalf or the KiiBank Services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or KiiBank Services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the KiiBank Services) operated by us or on our behalf, any of the KiiBank Services or other users' use of any of the KiiBank Services.
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers. Use the KiiBank Services to test credit card behaviours. Circumvent any KiiBank policy or determinations about your KiiBank account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional KiiBank account(s) when an account has a negative KiiBank balance or has been restricted, suspended or otherwise limited; opening new or additional KiiBank accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's KiiBank account; Harass and/or threaten our employees, agents, or other users; Abuse of our online dispute resolution process and/or KiiBank's Buyer Protection and/or KiiBank’s Seller Protection program. Use the Export Payment Services for exporting a product or service having a value of more than USD 10,000 per transaction; or In case of the Export Payment Service, you use your balance held by the Authorised Dealer Bank for any purpose (including but not limited to payment for imports, transfer to another person, etc.) other than as specified in these terms and conditions.
f we believe that you've engaged in any of these activities, we may take a number of actions to protect KiiBank, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
Terminate this user agreement, limit your KiiBank account, and/or close or suspend your KiiBank account, immediately and without penalty to us; Refuse to provide the KiiBank Services to you in the future; Limit your access to our websites, software, systems (including any networks and servers used to provide any of the KiiBank Services) operated by us or on our behalf, your KiiBank account or any of the KiiBank Services, including limiting your ability to pay or send money with any of the payment methods linked to your KiiBank account, restricting your ability to send money or make withdrawals;
Hold your KiiBank balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy; Suspend your eligibility for KiiBank's Buyer Protection program and/or KiiBank's Seller Protection program; Contact buyers who have purchased goods or services from you using KiiBank, your bank or credit card issuer, other impacted third parties or law enforcement about your actions; Update inaccurate information you provided us; Take legal action against you; If you've violated our Acceptable Use Policy, then you're also responsible for damages to KiiBank caused by your violation of this policy; or If you are a seller and receive funds for transactions that violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to KiiBank for the amount of KiiBank's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD (or other currency equivalent) per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of KiiBank's actual damages - including, but not limited to, internal administrative costs incurred by KiiBank to monitor and track violations, damage to KiiBank’s brand and reputation, and penalties imposed upon KiiBank by its business partners resulting from a user’s violation - considering all currently existing circumstances, including the relationship of the sum to the range of harm to KiiBank that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. KiiBank may deduct such damages directly from any existing KiiBank balance in any KiiBank account you control.
If we close your KiiBank account or terminate your use of the KiiBank Services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your KiiBank account available for withdrawal.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by KiiBank, any KiiBank customer, or a third-party caused by or arising out of your breach of this agreement, and/or your use of the KiiBank Services.
You agree that KiiBank is an intermediary and in addition to the Restricted Activities listed out above, you agree that you will not use the KiiBank account or the KiiBank Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
belongs to another person to which you do not have any right; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; Infringes any intellectual property in any manner; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation. contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment; interferes with or disrupts the account, KiiBank Services or any of KiiBank's other websites, servers, or networks; impersonate any other person; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material or deceive or mislead the addressee about the origin of any messages or communicate any information which is grossly offensive or menacing; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through any web-sites; and engage in any illegal activities or breach laws or regulations;
Under certain circumstances, in order to protect KiiBank and the security and integrity of the network of buyers and sellers that use the KiiBank Services, KiiBank may take account-level or transaction-level actions, subject to, and in accordance with, applicable law. Unless otherwise noted, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, follow the instructions in our email notice with respect to the limitation, hold or reserve.
Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of KiiBank, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your KiiBank account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
In order to facilitate KiiBank’s actions described above and allow us to assess the level of risk associated with your KiiBank account, you agree to cooperate with KiiBank’s reasonable requests for financial statements and other documentation or information in a timely fashion.
A hold is an action that KiiBank may take under certain circumstances either at the transaction level or the account level. When KiiBank places a temporary hold on a payment, the money is not available to either the sender or the recipient. KiiBank reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where KiiBank will hold payments include:
New sellers or sellers who have limited selling activity.
Payments for higher-risk categories like electronics or tickets.
Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.
We may place a hold on payments sent to your KiiBank account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your KiiBank account, or your transactions or that placing such a hold is necessary to comply with applicable law or any regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your KiiBank account with an indication that they are unavailable or pending. We'll notify you, either through your KiiBank account or directly by phone or email, whenever we place a hold.
Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your KiiBank account. We may release the hold earlier under certain circumstances (for example, if you've uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we'll hold the payment in your KiiBank account until the matter is resolved (but no longer than 180 days).
If you're a seller on a marketplace or through a third-party application where KiiBank is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third-party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third-party. These holds will appear in your KiiBank account. If you have questions about why the applicable marketplace or third-party instructed KiiBank to put these holds in place, you will need to contact the marketplace or third-party directly.
If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your KiiBank account to cover the amount that could be reversed. Any of the situations described under Refunds and Reversals are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we'll lift the temporary hold. If we determine the transaction should be reversed, we'll remove the funds from your KiiBank account.
Limitations prevent you from completing certain actions with your KiiBank account, such as withdrawing, sending or receiving money. These limitations are implemented to help protect KiiBank, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your KiiBank account open.
There are several reasons why your KiiBank account could be limited, including:
If we suspect someone could be using your KiiBank account without your knowledge, we'll limit it for your protection and look into the fraudulent activity. If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorised transfers.
In order to comply with applicable law.
If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.
Seller performance indicating your KiiBank account is high risk. Examples include: indications of poor selling performance because you've received an unusually high number of claims and chargebacks selling an entirely new or high cost product, or if your typical sales volume increases rapidly.
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request.
However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect KiiBank, our users, a third-party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
We may place a reserve on your KiiBank account if we believe there may be a high level of risk associated with you, your KiiBank account, your business model, or your transactions. When we place a reserve on your KiiBank account, it means that all or some portion of the money in your KiiBank account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your KiiBank account or use of the KiiBank Services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.
KiiBank considers a list of non-exclusive factors and whether and how these factors have changed over time, including:
There are two categories of reserves that may be placed on your KiiBank account, and one or both may be applied at the same time:
A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day 1 is held and then released on day 91, 10% of the money you receive on day 2 is held until day 92, etc. Rolling reserves are the most common type of reserve.
A Minimum reserve is a specific minimum amount of funds that you’re required to keep available in your balance at all times. The minimum reserve is either taken as an upfront amount deposited all at once (also known as an Upfront reserve) or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve.
If we place a reserve on funds in your account, the funds will be shown as "pending and we'll notify you of the terms of the reserve.
If we change the terms of the reserve due to a change in our risk assessment, we'll notify you of the new terms.
In respect of the Export Payment Services, KiiBank shall be entitled to deduct the Reserve Amount from the sale price of the goods or services (including any shipping fee, taxes, costs or other expenses) and deposit the same with the authorised dealer bank.
In case the offshore buyer notifies KiiBank that you have failed to discharge your obligations under the terms of the sale contract between you and the offshore buyer, KiiBank shall be entitled, in its sole and absolute discretion, to remit the charge back to the offshore buyer out of the Reserve Amount after verifying the offshore buyers' claim.
You shall be entitled to receive either the Reserve Amount or, if a charge back has been made as per this section, the balance thereof, after expiry of a period of 180 days of receipt of the export proceeds.
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your KiiBank account, placing a reserve or limitation on your KiiBank account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your KiiBank account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
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