General Terms of Use of the AFRIBAPAY Website

GENERAL TERMS OF USE OF THE AFRIBAPAY WEBSITE

These general terms of use of the website (hereinafter referred to as the “Terms”) govern your access to and use of our website, including all pages thereof (collectively referred to as the “Website”).

These terms fully apply to the use of our website. By using our website, you expressly and fully agree to all the terms and conditions set forth. If you have any objections to any of these terms, you must not use this website.

Presentation of AFRIBAPAY

AFRIBAPAY is a FINTECH, a payment aggregator specializing in online payments, digital disbursements and refunds, artificial intelligence (AI), and the Internet of Things (IoT). We have established a payment and money transfer gateway that aggregates Mobile Money payment methods as well as other solutions.

By creating and using a Merchant Account (as defined in the Privacy Policy under the Definitions section), you agree to comply with these General Terms. You also agree to adhere to any additional specific conditions applicable to the products and services used (the “Additional Terms”), such as the General Terms relating to Payments. If you disagree with these General Terms or the applicable Additional Terms, you are not permitted to access or use our services.

If applicable, it is your responsibility to ensure that your employees or representatives using the services on your behalf have read and understood these Terms and any Additional Terms, and that they agree to be bound by them.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING THEM.

Age Restriction

To use the payment services, you must be over 18 years of age.

Intellectual Property

Unless otherwise stated, AFRIBAPAY holds the intellectual property rights to the elements of the website. We do not grant you any rights, licenses, or interests in these rights, except as expressly provided in these Terms.

License to Use the Website

We grant you a non-transferable, non-exclusive, and revocable license to use our website and the software provided as part of our services in accordance with these Terms. This license includes updates, upgrades, and new versions. Any rights, title, and interest related to the services remain the exclusive property of AFRIBAPAY. You may not modify, disassemble, or attempt to reproduce our software without our written consent.

Use of AFRIBAPAY Services

You may only use our services if you are authorized to enter into a contract with AFRIBAPAY, and if you are not prohibited from receiving these services under the laws of your jurisdiction.

Warranty Disclaimer

We provide our services “as is,” without express or implied warranties. Although we strive to keep the website operational, we do not guarantee that it will be error-free or uninterrupted.

Limitation of Liability

To the fullest extent permitted by law, AFRIBAPAY shall not be liable for indirect, consequential, or special damages arising from the use of our services, even if we have been advised of the possibility of such damages.

Liability and Indemnification

You agree to indemnify AFRIBAPAY against any claim, loss, or damage resulting from your violation of these Terms.

Violations of the Terms

In the event of a violation of these Terms, AFRIBAPAY reserves the right to suspend or block your access to the website and to initiate legal proceedings against you.

Cookies

We use cookies to personalize and enhance your experience. You can refuse cookies through your browser, but this may limit your use of the site.

Prohibited Merchants

Certain types of merchants or activities are prohibited, including those related to adult products and services, illegal activities, or gambling. The full list is available in these Terms.

Restricted Merchants

Certain merchants that present an increased risk of chargebacks or refunds are subject to specific restrictions.

Opening a Merchant Account

To use AFRIBAPAY services, you must open a Merchant Account and accept our Terms of Use and our Privacy Policy. Funds in your account are held by our partner financial institutions.

Casual Users

If you use AFRIBAPAY services occasionally, you agree to the collection and sharing of your personal information with our partners in accordance with our Privacy Policy.

General

These Terms may be modified at any time. We will inform you of any significant changes via email or through a service notification.

Governing Law

These Terms are governed by the laws of Côte d’Ivoire, including the OHADA texts. You accept the exclusive jurisdiction of the Ivorian courts.

These general terms were last updated in December 2023.