This KYC (Know Your Customer) Contract (“Contract”) is entered into between Kwelan, an online Peer-to-peer car sharing platform within Zambia (“Company”), and the User (“User”), collectively referred to as the “Parties”. This Contract outlines the obligations and responsibilities of both Kwelan and the User regarding the verification of User identities and compliance with applicable laws and regulations.
1. Purpose of KYC:
Kwelan is committed to maintaining a safe and secure platform for all Users. The purpose of KYC is to verify the identity and background of Users to prevent fraudulent activities, ensure compliance with legal requirements, and promote trust within the Kwelan community.
2. User Identification and Verification:
2.1 User Obligations:
– The User agrees to provide accurate, up-to-date, and complete information during the registration process on the Kwelan platform.
– The User consents to the collection, use, and storage of their personal information for the purposes of identity verification.
– The User understands that failure to provide accurate and complete information may result in the rejection of their application or termination of their account.
2.2 Kwelan Verification Process:
– Kwelan will employ industry-standard procedures to verify User identities using reliable identification documents and methods.
– Kwelan may request additional documentation or information from the User, such as government-issued identification, proof of address, and other supporting documents.
– Kwelan reserves the right to conduct background checks, including criminal record checks, to ensure compliance with relevant laws and regulations.
3. Confidentiality and Data Protection:
– Kwelan will handle User information in accordance with applicable data protection laws and regulations.
– The User’s personal information will be treated as confidential and will only be used for the purposes of identity verification and compliance with legal requirements.
3.2 Data Protection:
– Kwelan will implement appropriate technical and organizational measures to protect User data from unauthorized access, loss, or disclosure.
– The User acknowledges that Kwelan may be required to disclose User information to relevant authorities or third parties in compliance with legal obligations or as necessary to prevent fraudulent activities.
4. Compliance with Laws and Regulations:
4.1 User Representations and Warranties:
– The User represents and warrants that all information provided during the registration process is true, accurate, and complete.
– The User represents and warrants that they are not engaged in any illegal activities, including money laundering, terrorist financing, or any other criminal activities.
4.2 Kwelan Compliance:
– Kwelan will comply with all applicable laws and regulations regarding KYC, data protection, and privacy.
– Kwelan reserves the right to suspend or terminate the User’s account if there are reasonable grounds to believe that the User has engaged in fraudulent or illegal activities.
5. User Consent:
By accepting this KYC Contract, the User acknowledges and agrees to the following:
– The User understands and accepts Kwelan’s verification process, including the collection and use of personal information for identity verification purposes.
– The User consents to Kwelan’s disclosure of User information as required by applicable laws and regulations.
– The User acknowledges that failure to comply with KYC requirements may result in the rejection of their application or termination of their account.
6. Governing Law and Dispute Resolution:
This Contract shall be governed by and construed in accordance with the laws of Zambia. Any disputes arising out of or in connection with this Contract shall be resolved through amicable negotiations between the Parties. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts in Zambia.
7. Entire Agreement:
This KYC Contract constitutes the entire agreement between Kwelan and the User regarding the KYC process and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein