KINGSPAY PAYMENTS TERMS OF SERVICE - BUYER
[UPDATED: June 1, 2020]
This Terms of Service forms a legal agreement between you and Kinging LLC, a United States
limited liability company established and registered under the relevant laws of the state of
Delaware and governs your access to and use of the Service (as defined below) as a purchaser
of merchandise, goods, or services. Please review this entire Terms of Service before you
decide whether to accept it and continue with the registration process
BY CLICKING ON THE "AGREE AND PROCEED" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE
BOUND BY THIS TERMS OF SERVICE.
1. Certain Defined Terms
The following defined terms appear in this Terms of Service.
"You", "you" or "Buyer": A Customer that applies to, or registers to use, or uses, the
Service to make Payment Transactions.
Customer: A person that registers with the Service, or uses the Service as a Buyer or a
Seller: A Customer that uses the Service to process Payment Transactions from Buyers.
KingsPay Web Sites: The web site pages of KingsPay, or a KingsPay-affiliated or partner
Payment Instrument: The credit card or debit that is registered by a Customer with the
Service to facilitate the processing of Payment Transactions. The Payment Instrument must
be associated with a billing address in a country where the Service is made available.
Payment Transaction: The processing of a payment through the Service that results in the
debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and the
crediting of funds to a Seller.
Product: Any merchandise, good or service that is listed for sale by a Seller that a Buyer
may pay for using the Service.
Purchase Amount: The amount of a Payment Transaction in any currency acceptable by
KingsPay for the purpose of paying for a Product, and any related fees, taxes or shipping
charges, as applicable.
Service: The KingsPay Payments service, described in this Terms of Service, that
facilitates the processing of Payment Transactions on behalf of a Seller.
- "KingsPay", "we", or "us": Kinging LLC
2. Requirements for Registration
In order to use the Service, you must complete all required information elements on the
Service registration web pages. You must register a valid credit or debit card as a Payment
Instrument to make Payment Transactions and pay fees and other obligations arising from your
use of the Service. You must provide current, complete and accurate information and maintain
it as current and accurate. We may require you to provide additional information as a
condition of continued use of the Service, or to assist in determining whether to permit you
to continue to use the Service.
You authorize us to confirm that your Payment Instrument is in good standing with the
issuing financial institution, including, but not limited to, by submitting a request for a
payment authorization and/or a low amount credit and/or debit to the Payment Instrument, in
accordance with the relevant card association rules as applicable. You also authorize us to
obtain from time to time a credit report and/or to otherwise make credit or other background
inquiries as we deem appropriate to evaluate your registration for or continued use of the
We, in our sole and absolute discretion, may refuse to approve or may terminate existing
registrations with or without cause or notice, other than any notice required by any
applicable law, and not waived herein.
By agreeing to this Terms of Service for Buyers, you represent that you are:
18 years old (or such other age at which majority is reached in your country) or older;
capable of entering into a legally binding agreement both with KingsPay and Sellers.
If you are a business entity, you also represent that you are:
duly authorized to do business in the country or countries where you operate; and
your employees, officers, representatives, and other agents accessing the Service are duly
authorized to access the Service and to legally bind you to these Terms of Service and all
transactions conducted under your username and password.
3. The Processing Service
3.1 Payment Transaction Processing
The Service facilitates the processing of Payment Transactions to complete a payment for a
purchase between a Buyer and a Seller. The Service will store information from Buyers, such
as their Payment Instruments and shipping information, and will process Payment Transactions
on behalf of Sellers through the appropriate credit card or debit card network or through a
participating as applicable. KingsPay may delay payment processing of suspicious
transactions or transactions which may involve fraud, misconduct, or violate applicable law,
this Terms of Service for Buyers, or other applicable KingsPay or Service policies, as
determined in KingsPay's sole and absolute discretion. Buyer authorizes the charge or debit
to Buyer's Payment Instrument as necessary to complete processing of a Payment Transaction.
Buyer also authorizes the crediting to Buyer's Payment Instrument in connection with
reversals, refunds, or adjustments through the Service.
You acknowledge and agree that your purchases of Products are transactions between you and
the Seller, and not with KingsPay, or any of KingsPay's affiliates. KingsPay is not a party
to your purchase of Products, and KingsPay, or other KingsPay affiliates are not a buyer or
a seller in connection with any Payment Transaction, unless expressly designated as such in
the listing of the Product on a KingsPay Web Site.
3.2 Subscriptions/Recurring Transactions Purchases
Your subscription will start when you click ‘Accept & Proceed’ on a subscription purchase.
This is a recurring billing transaction. Unless otherwise stated, your subscription and the
relevant billing authorization will continue indefinitely until cancelled by you.
By clicking 'Accept & Proceed, you authorize the applicable Seller to bill your chosen
Payment Instrument during the subscription at the Purchase Amount. The Purchase Amount will
continue to be charged to your Payment Instrument, until you cancel your subscription,
unless as otherwise stated in the terms and conditions. The billing rate is subject to
change by the Seller during the subscription period.
Your Payment Instrument will be billed each period based on the date of the subscription
You may cancel a subscription at any time, but the cancellation will not become effective
until the end of the current billing period. You will not receive a refund for the current
billing period. You will continue to be able to access the relevant subscription for the
remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a
refund or credit, we are under no obligation to issue the same or similar refund in the
4. Permissible Payment Transactions
You may only use the Service to process a Payment Transaction for a Product that is
purchased from a Seller through a legitimate, bona fide sale of the Product. The Service may
not be used to process a Payment Transaction, or otherwise transfer money between a Buyer
and Seller, that is unrelated to a purchase of a Product. The Service may not be used to
receive cash advances from Sellers or to facilitate the purchase of cash equivalents
(travelers checks, prepaid cards, money orders, etc.). You may not use the Service to
process Payment Transactions in connection with the sale or exchange of any illegal goods or
services or any other underlying illegal transaction.
You agree that you will not use the Service to process Payment Transactions for any Products
that violate this Terms of Service, other policies or rules applicable to the Service, or
applicable law. Failure to comply with these limitations may result in suspension or
termination of your use of the Service.
5. Passing Payment Instrument Details to Third Parties
Where requested by You, KingsPay may pass details of your Payment Instrument and related
information to a third party for that third party to charge the Payment Instrument for goods
or services it will supply to You. In such cases, after passing the Payment Instrument
details to that third party, KingsPay will have no further involvement in Your transaction
with that third party (and You acknowledge and agree that your purchases made are
transactions between you and the third party and not with KingsPay or any of KingsPay's
affiliates). This is not a Payment Transaction. You should contact the third party or Your
Payment Instrument provider (e.g., credit or debit card provider) directly regarding any
issues with such third-party transactions, including refunds and disputes.
6. Limitations on the Use of Service
We may establish general practices and limits concerning use of the Service, including
without limitation individual or aggregate transaction limits on the amount or number of
Payment Transactions during any specified time period(s). We reserve the right to change,
suspend or discontinue any aspect of the Service at any time, including hours of operation
or availability of the Service or any Service feature, without notice and without liability.
We also reserve the right to impose limits on certain Service features or restrict access to
parts or all of the Service without notice and without liability. We may decline to process
any Payment Transaction without prior notice to Buyer or Seller.
We do not warrant that the functions contained in the Service will be uninterrupted or error
free, and we shall not be responsible for any service interruptions (including, but not
limited to, power outages, system failures or other interruptions that may affect the
receipt, processing, acceptance, completion or settlement of Payment Transactions or the
We may limit or suspend your use of the Service at any time, in our sole and absolute
discretion. If we suspend your use of the Service, we will attempt to notify you by
electronic mail, or through any other means available to us at the time. Suspension of your
use of the Service will not affect your rights and obligations pursuant to this Terms of
Service arising before or after such suspension.
7. Username and Password Information
You are responsible for:
1) maintaining the confidentiality of your username and password,
2) any and all transactions by persons that you give access to or that otherwise use such
username or password, and
3) any and all consequences of use or misuse of your username and password. You agree to
notify us immediately of any unauthorized use of your username or password or any other
breach of security regarding the Service of which you have knowledge.
If Buyer is a business entity, Buyer agrees that all officers, employees, agents,
representatives and others having access to the username and/or password shall be vested by
Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be
responsible for all actions by current and former officers, employees, agents,
representatives and others, regardless of whether authorized by Buyer, that access the
Service using Buyer's user name and password.
You understand and agree that personal information provided to us in connection with the
9. Use of Electronic Communications
We may communicate with you regarding the Service by means of electronic communications,
including (a) sending electronic mail to the email address you provided during registration,
or (b) posting notices or communications on a KingsPay Web Site. You agree that we may
communicate with you by means of electronic communications the following: this Terms of
Service (and revisions or amendments), notices or disclosures regarding the Service, payment
authorizations, and any other matter relating to your use of the Service.
You should maintain copies of electronic communications by printing a paper copy or saving
an electronic copy. Electronic communications shall be deemed received by you when we send
the electronic communication to the email address you provided at the time of registration
or as revised by you thereafter in accordance with this Terms of Service, or when we post
the electronic communication on a KingsPay Web Site.
For those communications or records that we are otherwise required under applicable law to
provide in a written paper form to you, you agree that we may provide such communications or
records by means of electronic communications. The following additional terms will apply to
such electronic communications: (a) you may contact us through the Service email or the
contact page to request another electronic copy of the electronic communication without a
fee; (b) you may request a paper copy of such an electronic communication, and we reserve
the right to charge a fee to provide such paper copy; (c) you may contact us through the
contact page to update your registration information used for electronic communications or
to withdraw consent to receive electronic communications; and (d) we reserve the right to
terminate your use of the Service if you decline or withdraw consent to receive electronic
communications from us.
10. Service Fees
We do not charge a fee to use the Service as a Buyer. The financial institution that issues
your Payment Instrument may charge a fee in connection with the debiting or charging of the
Payment Instrument resulting from the Payment Transaction. You should consult the terms and
conditions governing your Payment Instrument for more information about any such fees.
KingsPay will provide various tools to assist Customers in communicating with each other to
resolve a dispute that may arise between Buyers and Sellers with respect to their
transaction. If Customers are unable to resolve a dispute, we can mediate disputes between
buyers and sellers if either party requests assistance. If this occurs, we will review the
dispute and propose a non-binding solution, if appropriate.
KingsPay may offer a feedback or other ranking system on the Service to assist you in
evaluating other Customers of the Service. You acknowledge that any such feedback or ranking
system represents solely the opinion of other Customers of the Service, and is not an
opinion, representation, or warranty by KingsPay with respect to other Customers of the
You agree to release KingsPay and other KingsPay affiliates, and their agents, contractors,
officers and employees, from all claims, demands and damages (actual and consequential)
arising out of or in any way connected with a dispute. You agree that you will not involve
KingsPay in any litigation or other dispute arising out of or related to any transaction,
agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in
connection with the Service. If you attempt to do so, (i) you shall pay all costs and
attorneys' fees of KingsPay, and other KingsPay affiliates and shall provide indemnification
as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be
limited as set forth below. However, nothing in this Terms of Service shall constitute a
waiver of any rights, claims or defenses that you may have with respect to a Payment
Transaction under the Buyer's card issuer agreement, the card association rules or any
If you believe your account has been opened or used in an unauthorized manner, please
contact us immediately at
KingsPay@joinkingschat.com. Except as set forth in this Terms of Service or as required by law, all Payment
Transactions processed through the Service are non-refundable to Buyer by KingsPay and are
non-reversible by Buyer through the Service.
13. KingsPay Not a Banking Institution
KingsPay processes Payment Transactions on behalf of Sellers. KingsPay is not a bank or
other chartered depository institution and it does not issue credit. Funds held by KingsPay
or its service providers (including any bank service providers) in connection with the
processing of Payment Transactions are not deposit obligations of Buyer and are not insured
for the benefit of Buyer.
14. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party,
terminate your use of the Service for any reason, including without limitation inactivity or
violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Service, you remain liable for all Payment Transactions
and any other obligations you have incurred. Upon termination, we have the right to prohibit
your access to the Service, including without limitation by deactivating your username and
password, and to refuse future access to the Service by you (or your relatives or known
acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or
15. Buyer Responsibility for Taxes and Other Regulatory Requirements
The reporting and payment of any applicable taxes arising from the use of the Service is
your responsibility. You hereby agree to comply with any and all applicable tax laws,
including the reporting and payment of any taxes arising in connection with Payment
If you are resident of a country which regulates the exchange of foreign currency, you
hereby warrant that you have obtained any necessary approval or permission from the
authority responsible for that regulation (and all matters ancillary thereto) to use the
Services. You hereby undertake to provide KingsPay. In the event that you fail to provide
such documentation to KingsPay, KingsPay shall not be required and/or obliged to perform the
Service and no agreement between you and KingsPay regarding the Service shall be of any
force or effect.
Banking or other regulations in your country of residence may impose additional requirements
or restrictions upon your ability to use the Service. You should confirm any such
requirements or restrictions with your bank prior to deciding whether to register for the
16. No Endorsement of Products
KingsPay does not represent or endorse, and shall not be responsible for:
(a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the
truth or accuracy of the description of Products, or of any advice, opinion, offer,
proposal, statement, data or other information (collectively, "Content") displayed or
distributed, purchased or paid through the Service, or the KingsPay Web Sites; or
(b) the ability of Buyers to buy Products or Sellers to deliver Products. KingsPay hereby
disclaims any liability or responsibility for errors or omissions in any Content or in the
Service. KingsPay reserves the right, but shall have no responsibility, to edit, modify,
refuse to post or remove any Content, in whole or in part, that in KingsPay's sole and
absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in
violation of this Terms of Service for Buyers.
17. Unclaimed Property
If we are holding funds due to you arising from a Payment Transaction processed through the
Service or otherwise, and we are unable to contact you and have no record of your use of the
Service for several years, applicable law may require us to report these funds as unclaimed
property. If this occurs, we will try to locate you at the address shown in our records, but
if we are unable to locate you, we may be required to deliver any such funds to the
applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or
other administrative charges from such unclaimed funds, as permitted by applicable law.
You agree to indemnify, defend and hold harmless KingsPay, and their subsidiaries and other
affiliates, and its and their directors, officers, owners, agents, co-branders or other
partners, employees, information providers, licensors, licensees, consultants, contractors
and other applicable third parties (including without limitation Stripe, Paystack, and
relevant Customers) (collectively "Indemnified Parties") from and against any and all
claims, demands, causes of action, debt or liability, including reasonable attorneys fees,
including without limitation attorneys fees and costs incurred by the Indemnified Parties
arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any
breach or non-compliance by you of any term of this Terms of Service or any of KingsPay's
policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your
negligence or violation or alleged violation of any law or rights of a third party.
19. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE
AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KINGSPAY, AND THEIR SUBSIDIARIES AND OTHER
AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "KINGSPAY
PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE
CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH KINGSPAY PARTY DISCLAIMS WITHOUT
LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE KINGSPAY PARTIES DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE
KINGSPAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT
LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
20. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY KINGSPAY PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY,
DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY KINGSPAY PARTY
OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID
FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF THE KINGSPAY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR
LOSS. IN NO EVENT SHALL THE KINGSPAY PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATING TO THIS AGREEMENT EXCEED THE NET FEES KINGSPAY HAS ACTUALLY RECEIVED AND RETAINED
FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE-MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered
into this Terms of Service relying on the limitations of liability stated herein and that
those limitations are an essential basis of the bargain between the parties. In addition to
and without limiting any of the foregoing, no KingsPay Party shall have any liability for
any failure or delay resulting from any condition beyond the reasonable control of such
party, including but not limited to governmental action or acts of terrorism, pandemic,
earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet
21. Jurisdiction; Governing Law
This Terms of Service shall be governed by the laws of Delaware, and applicable Federal
United States laws. To the extent permitted by law, each party agrees to submit to personal
and exclusive jurisdiction of the courts located in the State of Delaware.
In addition to the electronic communications authorized under the Section entitled, "Use of
Electronic Communications", statements, notices and other communications to Buyer may be
made by mail, email, postings on the KingsPay Web Site or other reasonable means. We may
also provide notices of changes to the Terms of Service or other matters by displaying links
to notices on the KingsPay Web Sites. Notice to KingsPay may be made by mail to:
8505 Upton Circle
Rosedale, MD 21237
23. Modification of Terms of Service for Buyers
We have the right, in our sole and absolute discretion, to change, modify, or amend any
portion of this Terms of Service at any time by posting notification on a KingsPay Web Site
or otherwise communicating the notification to you. The changes will become effective, and
shall be deemed accepted by you, after the initial posting and shall apply on a
going-forward basis with respect to Payment Transactions initiated after the posting date.
In the event that you do not agree with any such modification, your sole and exclusive
remedy is to terminate your use of the Service.
You may not assign this Terms of Service or any rights or obligations hereunder, by
operation of law or otherwise, without our prior written approval and any such attempted
assignment shall be void. We reserve the right to freely assign this Terms of Service and
the rights and obligations hereunder, to any third party without notice or consent. Subject
to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of
the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Service or termination of this Terms of Service for any
reason, in addition to this section, the following sections shall survive termination: 3.1,
6, 8, 9, 11, 13 through 22, and 26.
26. Other Provisions
The failure of KingsPay to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. If any provision of this
Terms of Service shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Terms of Service shall otherwise remain in full force and
effect and remain enforceable between the parties. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such section. This
Terms of Service, including KingsPay's policies governing the Service referenced herein,
constitutes the entire agreement between KingsPay and Buyer with respect to Buyer's use of
the Service. This Terms of Service is not intended and shall not be construed to create any
rights or remedies in any parties other than Buyer and KingsPay, and other KingsPay
affiliates which each shall be a third party beneficiary of this Terms of Service for
Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.