Terms and Conditions

1. About Kingscross and these Terms

These Terms and Conditions form the agreement between Kingscross Money Remittance Ltd (“Kingscross”, “we”, “us” or “our”) and the person or organisation using the website or services (“customer”, “you” or “your”).

The final registered-office address, company number, customer-service contacts, Central Bank of Kenya licence wording and effective date must be inserted before publication.

Where a customer is a business, these Terms bind the business and each person authorised to act for it. The authorised person confirms that they have authority to give instructions and enter into transactions on behalf of the business.

2. Documents forming the agreement

The agreement may include:

• these Terms and Conditions;
• the transaction summary or FX quote;
• the Privacy Notice and Cookie Notice;
• the Fees and Charges page;
• any product, corridor, payout or funding conditions displayed before confirmation; and
• any written variation agreed by Kingscross.

If there is a conflict, the transaction-specific terms normally take priority for that transaction, followed by these Terms, unless mandatory law requires otherwise.

3. Definitions

4. Permission to use the website

Kingscross grants you a limited, personal, non-exclusive, non-transferable and revocable permission to access the website for lawful personal or internal business purposes.

You must comply with these Terms, applicable law and reasonable security instructions. No permission is given to use the website to operate a competing service, resell access, extract protected data or interfere with Kingscross systems.

5. Website information and indicative rates

Website content is provided for general information and service access. Ticker rates, calculators, illustrations, delivery estimates and examples are indicative unless expressly identified as a binding transaction-specific quote.

Kingscross may correct obvious typographical, calculation, system or pricing errors. If an error affects a submitted transaction, Kingscross should notify the customer and offer a lawful correction, replacement quote, cancellation or refund where appropriate.

6. Acceptable use and cyber security

You must not:

• attempt unauthorised access to an account, system, database or administrative function;
• introduce malware, malicious code, automated attacks or harmful content;
• interfere with availability, security, monitoring or authentication;
• use bots, scraping or extraction tools without written permission;
• impersonate another person or misrepresent authority;
• circumvent limits, verification, sanctions screening or fraud controls; or
• use the website for unlawful, fraudulent or abusive activity.

7. Intellectual property

The Kingscross name, logo, website design, software, text, graphics, forms, documents and databases are owned by or licensed to Kingscross unless otherwise stated.

You may download or print documents for legitimate personal or internal business use. You must not copy, modify, publish, distribute, license or commercially exploit protected materials without permission.

8. Website availability and changes

Kingscross does not guarantee that the website will always be available, uninterrupted, secure or free from errors. Functions may be changed, suspended or withdrawn for maintenance, security, legal, regulatory, banking, partner or operational reasons.

Where reasonably possible, material planned interruptions affecting active customers should be communicated through the website, email, SMS or another suitable channel.

9. External websites and third-party services

Links or integrations may lead to third-party websites or services. Kingscross does not control their content, availability, terms or privacy practices. A customer should review the third party’s terms before using its service.

10. Eligibility and customer capacity

You must be legally capable of entering into a contract. Kingscross may establish minimum age, residency, corridor, transaction, customer-category and service eligibility requirements.

A business customer must provide valid registration, ownership, tax, authorised-person and operating information. Kingscross may verify authority before accepting an instruction.

11. Registration and accurate information

You must provide complete, accurate and current information. You must promptly notify Kingscross of changes to identity, address, telephone, email, ownership, directors, beneficial owners, authorised persons, business activity or expected transaction behaviour.

Kingscross may rely on information supplied by you unless it has reason to believe that it is inaccurate or unauthorised.

12. Account security and electronic authentication

• Keep passwords, OTP codes and security answers confidential.
• Do not allow another person to use your personal account.
• Use only verified devices and contact details where possible.
• Notify Kingscross immediately if credentials, email, telephone or device security may be compromised.

Kingscross may treat an instruction authenticated through the agreed security process as authorised, unless notified of compromise or there are reasonable grounds to suspect fraud or error.

13. Electronic communications and records

You agree that Kingscross may provide confirmations, notices, receipts, document requests and other communications electronically through the website, customer dashboard, email, SMS or telephone.

Electronic records, audit logs, timestamps, authentication records, communications and transaction data may be used as evidence of instructions and events, subject to applicable law.

14. Creating a transaction

A transaction request does not bind Kingscross until it has been accepted. Acceptance may depend on eligibility, quote validity, available corridor, funding, verification, compliance approval and partner availability.

Kingscross may set minimum or maximum transaction amounts, daily or periodic limits, corridor restrictions and customer-specific limits.

15. Customer responsibility for instructions

You must carefully verify the beneficiary name, bank account, wallet, card, institution, country, currency, amount and payment purpose before confirmation.

Kingscross may process a transaction using the submitted account, wallet or card identifier even where a beneficiary name does not match, if the applicable payment system operates primarily by identifier. You bear the risk of incorrect details, subject to Kingscross’s duty to exercise reasonable care.

16. Quotes, rates and expiry

A quote will normally state the buy or sell direction, foreign currency, customer rate, amount, KES equivalent, quote reference and expiry condition.

The customer rate may include Kingscross’s margin. A quote may cease to be available where it expires, funding is late, market conditions change materially, a system error occurs, a legal restriction arises or a payment partner becomes unavailable.

17. Funding requirements

You must fund a transaction using the approved method and exact transaction reference. Funding is complete only when cleared funds are received, identified, reconciled and accepted.

Kingscross may reject cash, cheque, third-party, anonymous, mismatched, split or otherwise unusual funding where it creates operational, fraud, legal or compliance risk.

Overpayments, underpayments and unmatched funds may delay execution. Kingscross may request instructions, issue a revised quote or return funds after lawful deductions.

18. Third-party funding and payments

Funds should normally originate from an account or payment instrument held in the customer’s name. Third-party funding may require evidence of the relationship, authority, source of funds and purpose, and may be refused.

19. Execution, delivery and cut-off times

Estimated delivery times are not is designed to support. Transactions may depend on Business Days, cut-off times, banking hours, recipient-bank processes, mobile networks, payment partners, currency liquidity and compliance review.

A transaction is considered completed when funds are made available to the beneficiary or credited to the selected settlement destination, according to the relevant payout method.

20. Intermediaries and payout partners

Kingscross may use banks, mobile-money operators, card networks, payment processors, correspondent institutions and other authorised partners to complete a transaction.

Partner rules, processing times, limits and lawful deductions may apply. Kingscross remains responsible for its own obligations but is not responsible for every act or failure of an independent third party where that failure is outside Kingscross’s reasonable control.

21. Cancellation and amendment requests

You should contact Kingscross immediately to request cancellation or amendment. A request is not effective until accepted and confirmed by Kingscross.

Cancellation or amendment may not be possible after currency conversion, transmission, beneficiary credit or payout availability. Recovery efforts may involve delay and third-party charges.

22. Refunds and returned transactions

Refunds will normally be made to the original verified funding source, unless law or operational circumstances require another verified method.

The refundable amount may be affected by exchange-rate movements, completed conversion, partner deductions, recovery costs and fees that may lawfully be retained. Kingscross should provide an explanation of any deduction it controls.

23. Fees, margins and third-party deductions

The customer should be shown the customer rate, Kingscross fee where applicable, estimated recipient amount and total payable before confirmation.

Intermediary banks, recipient banks, payment networks, mobile operators or public authorities may impose deductions outside Kingscross’s control. Where reasonably known, these should be disclosed or described before confirmation.

24. Taxes and customer reporting obligations

You are responsible for any tax, customs, foreign-exchange declaration, invoice, import, export or reporting obligation that applies to your transaction or underlying activity.

25. Transaction records and receipts

Kingscross may provide electronic transaction confirmations and receipts. You should review them promptly and report any suspected error without unreasonable delay.

A receipt confirms recorded transaction details but does not override a later correction required by law, system reconciliation or evidence of fraud or error.

26. Customer due diligence

Kingscross may request identity, address, occupation, business, ownership, beneficial-owner, authorised-person, source-of-funds, source-of-wealth, invoice, contract, purpose and beneficiary information before or after a transaction request.

Kingscross may verify information through documents, databases, service providers, public records, banks, partners and competent authorities where lawful.

27. Sanctions, AML and transaction monitoring

Kingscross may screen and monitor customers, owners, authorised persons, beneficiaries, counterparties, countries, currencies, devices, funding sources and transaction behaviour.

A transaction may be delayed, held, rejected, cancelled, reported or returned where required by law, sanctions controls, anti-money-laundering obligations, fraud prevention, court order, regulator instruction, partner requirement or internal risk controls.

Kingscross may be legally prohibited from explaining whether a report, investigation or certain compliance action has occurred.

28. Fraud and scam prevention

Kingscross may contact you through verified details, ask additional questions, request independent confirmation or pause a transaction where scam or fraud indicators exist.

You must not proceed if someone has told you to conceal the true purpose, misdescribe the recipient, share an OTP or move money to a supposed “safe account”.

29. Prohibited transactions

You must not use the services for unlawful activity, money laundering, terrorist financing, proliferation financing, sanctions evasion, fraud, deceptive collection, prohibited trade, exploitation, undisclosed third-party activity or any purpose contrary to law or Kingscross risk policy.

30. Right to refuse a transaction

Kingscross may refuse or stop a transaction where it has reasonable legal, regulatory, security, operational, partner, liquidity, fraud or risk grounds. Any customer funds held should be dealt with lawfully and in accordance with applicable compliance restrictions.

31. Our standard of care

Kingscross will use reasonable care and skill in providing the services and will not exclude responsibility that cannot lawfully be excluded.

32. Customer-caused loss

Subject to applicable law, Kingscross is not responsible for loss caused by:

• incorrect or incomplete customer instructions;
• failure to protect credentials or report compromise promptly;
• fraud, deception or misconduct by the customer or beneficiary;
• use of an unauthorised funding or communication channel;
• failure to provide required information or documents; or
• breach of these Terms or applicable law.

33. Indirect and unforeseeable loss

Subject to mandatory law, Kingscross is not responsible for indirect, consequential or unforeseeable loss, loss of opportunity, loss of profit, reputational loss or business interruption that was not reasonably foreseeable when the transaction was accepted.

This clause does not exclude liability for fraud, wilful misconduct, gross negligence or any liability that cannot lawfully be limited.

34. Force majeure and events outside control

Kingscross is not responsible for delay or failure caused by events outside reasonable control, including natural disaster, war, civil disorder, strike, epidemic, power failure, telecommunications failure, cyberattack, payment-system outage, bank closure, government action, sanctions change or currency-market disruption.

Kingscross should take reasonable steps to reduce the effect and resume service when practical.

35. Customer indemnity

To the extent permitted by law, a business customer may be responsible for reasonable loss, cost or claim caused by its fraud, unlawful instruction, material breach of these Terms or lack of authority. This does not apply to loss caused by Kingscross’s own breach, negligence or unlawful conduct.

36. Suspension, restriction and closure

Kingscross may suspend or restrict an account or service where required for security, compliance, fraud prevention, investigation, system protection, partner requirements or breach of these Terms.

Where lawful and reasonably possible, Kingscross should notify the customer and explain what is required to restore access.

37. Customer closure

A customer may request account closure, subject to completion or cancellation of outstanding transactions, settlement of amounts due, record-retention obligations and any lawful restriction.

38. Changes to these Terms

Kingscross may update these Terms for legal, regulatory, security, operational, product or technology reasons. Material changes should be communicated before they take effect where reasonably possible.

Changes should not be applied retrospectively to a completed transaction unless required by law or agreed with the customer.

39. Privacy and confidentiality

Personal data will be handled in accordance with the Privacy Notice and applicable data-protection law. Confidential information may be disclosed where necessary to provide the service, prevent fraud, comply with law or respond to a competent authority.

40. Complaints

Customers may complain using the published Complaints Procedure. Kingscross should investigate complaints fairly and provide the relevant escalation route.

41. Notices

Kingscross may send notices to the most recent email address, telephone number, postal address or customer dashboard recorded for the customer. Customers must keep contact details current.

42. Assignment and subcontracting

Kingscross may use approved service providers and may assign or transfer rights and obligations where lawful and where this does not unfairly reduce customer rights. A customer may not transfer an account or transaction without written consent.

43. No waiver

If Kingscross does not immediately enforce a right, that does not mean the right has been waived.

44. Severability

If a provision is found invalid or unenforceable, the remaining provisions continue to apply. The invalid provision should be interpreted or replaced as closely as lawfully possible to reflect its intended purpose.

45. Entire agreement

These Terms and the documents identified in section 2 form the agreement concerning the relevant service, without excluding liability for fraud or misrepresentation that cannot lawfully be excluded.

46. Governing law and jurisdiction

These Terms, the customer relationship and each transaction are governed by the laws of the Republic of Kenya.

Subject to any mandatory complaint, regulatory, statutory or alternative-dispute-resolution process that applies, the courts of Kenya shall have jurisdiction to hear and determine any dispute arising from or connected with these Terms, the website, the customer account or a transaction.

Nothing in this clause prevents Kingscross from seeking urgent protective, injunctive, recovery or enforcement relief in another jurisdiction where assets, evidence, a beneficiary, a payment partner or relevant conduct is located, where such action is lawful and reasonably necessary.

Nothing in these Terms limits the jurisdiction, powers or authority of the Central Bank of Kenya, the Office of the Data Protection Commissioner, a court, law-enforcement body or any other competent authority, or removes any mandatory customer-protection right under Kenyan law.

47. Contact information

The final customer-service email, telephone number, registered office, branch address, postal address and emergency fraud-reporting channel must be inserted before launch.