These website terms and conditions (the «conditions») contained in this web page govern your access to and use of this website, including all pages on this website (collectively referred to as «Website»). these terms and conditions fully apply to your use of this website. By using this website, you expressly agree to all of the terms and conditions contained here in. You must not use this website if you object to any of these conditions.

PLEASE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY ITS TERMS.

Legal information
Our website is published by the company OPEN SI, a simplified joint stock company, with a capital of FCFA 5,000,000, registered in the Trade and Personal Property Credit Register of Cotonou under the number RCCM RB/COT/18 B 21066, having its registered office in Cotonou, îlot 502- house SANNI AGATHA Loukman, district Awanlèko, represented by its President, Mr. KOUNOU Gilles, residing and domiciled in the said headquarters

Age restriction
Our website and services are intended for persons 18 years of age and older. We do not knowingly engage with persons under the age of 18.

Intellectual Property
Unless otherwise specified, KKiaPay and/or its licensors own the intellectual property rights and website content licensed below. We do not grant you any right, license, title or interest in any of our intellectual property rights that you may or may not have access to. You agree to take such steps, including any legal, official or other documentation that may be necessary to further assert our intellectual property rights.

License to use our website
We grant you a non-transferable, non-exclusive, revocable license to use the software provided as part of our services in the manner permitted by these terms. This license grant includes all updates, upgrades, new versions and replacement software that you may use in connection with our Services. The Services are protected by the copyright, trademark and other laws of Benin, Ivoiry Coast and foreign countries. Nothing in this clause gives you the right to use the Kkiapay name or any of the KKiaPay trademarks, logos, domain names and other distinctive features of the Kkiapay brand. All right, title and interest in and to the Services are and shall remain the exclusive property of OPEN SI and its licensors.

If you fail to comply with all provisions, then you will be liable for all resulting damages to you, OPEN SI and all third parties. Except as otherwise provided by applicable law, you agree not to modify, redesign, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer or otherwise attempt to create derivative source code from the Software. Any comments or suggestions you may provide to us and our services are entirely voluntary and we shall be free to use them as we see fit, without obligation to you.

Who can use our services?
You may use the Services only if you agree to enter into a binding contract with OPEN SI and if you are not prohibited from receiving services under the laws of the applicable country. If you agree to these Terms and use the Services on behalf of a company or organization, you represent and warrant that you are authorized to do so.

Managing your login information
Your connection identifiers are your User Name and password created and registered by you when you first connect. These identifiers are personal and must remain confidential and can in no case be disclosed to a third party. The merchant is solely responsible for the consequences resulting from the use by a third party of his account when this access is facilitated by the use of his confidential identifiers.

Statement of guarantee
OPEN SI WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND WITHOUT BUGS. HOWEVER, IT IS USED AT YOUR OWN RISK. WE PROVIDE ALL MATERIALS « AS IS » WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THERE IS NO WARRANTY THAT OUR WEB SITE AND ITS SERVICES WILL MEET YOUR REQUIREMENTS, NOR THAT OUR WEB SITE WILL REMAIN UNINTERRUPTED, BUG FREE, PRINT FREE AND ERROR FREE. YOU USE OUR SERVICES AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. OPEN SI IS NOT OBLIGATED TO PROVIDE ADVICE OR INFORMATION ON THE USE OF THE SITE BEYOND THAT CONTAINED IN THE CGU.

Limitation of responsibility
YOU AGREE TO THE LIMITATION OF LIABILITY PROVISION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: OPEN SI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES RESULTING FROM THE USE OF DATA, BUSINESS INTERRUPTION OR INTANGIBLE LOSSES ARISING OUT OF THE USE OF THE OPEN SI WEB SITE OR SERVICES. IF THESE DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY, YOU SHOULD BE AWARE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES. THEREFORE, IT IS POSSIBLE THAT THE ABOVE LIMITATIONS OF LIABILITY MAY OR WILL APPLY TO YOU IN EXCESS OF THE APPLICABLE LAW.

Indemnity
Without prejudice to OPEN SI’s other rights under these Terms, if you fail to comply with these Terms, OPEN SI may take such action as it deems appropriate to remedy the breach, including, without limitation, suspending your access to the Website, barring your access to the Website, blocking computers that use your IP address to access the Website, contacting your Internet Service Provider and requesting that it block your access to the Website, and/or instituting legal proceedings against you.

Breaking these terms
Without prejudice to OPEN SI’s other rights under these Terms, if you fail to comply with these Terms, OPEN SI may take such action as it deems appropriate to remedy the breach, including, without limitation, suspending your access to the Website, barring your access to the Website, blocking computers that use your IP address to access the Website, contacting your Internet Service Provider and requesting that it block your access to the Website, and/or instituting legal proceedings against you.

Hypertext links
Our website may contain hypertext links. By clicking on these links, the User will leave the platform. The latter has no control over and cannot be held responsible for the content of the web pages related to these links.

Cookies
Like many other websites, we use cookies to identify you as a user and to personalize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It allows us to remember your account login information, IP addresses, web traffic, number of sites, date and time of visits. Some browsers can be set to automatically accept cookies, while others can be modified to refuse cookies or to alert you when a website wants to set a cookie on your computer. If you choose to disable cookies, it may limit your ability to use our website.

Duration of the contract
This contract is valid for an indefinite period. The commencement of use of the website and related services marks the application of the contract to the User.

Applicable law
These terms and conditions shall be interpreted, executed and governed in accordance with the laws of the Republics of Benin and Ivory Coast. Therefore, you submit to the competent jurisdictions of these countries and those abroad for the resolution of any dispute.

General
We reserve the right to revise these Terms from time to time. Changes will not be retroactive and the most recent version of the Terms will govern our relationship with you. We will also attempt to notify you of any material changes that may be made by email associated with your account. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms. If any of these Terms are found to be invalid or unenforceable, then that provision will be limited or eliminated to the extent possible, and the remaining provisions of these Terms will remain in full force and effect. Accordingly, each provision of these Terms stands alone and shall not invalidate the entire Terms. OPEN SI’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

TYPES OF SUB-CLERKS PROHIBITED AND REQUIRING PRE-APPROVAL

SUB-DEALERS REQUIRING PRE-APPROVAL

OPEN SI will not solicit or enter into agreements with merchants or sub-merchants (i) in any of the following categories/activities, or (ii) engaged in any of the following activities unless OPEN SI engages in a broad program with a referral, technology, or market partner specializing in these types of activities or businesses, which program is pre-approved by OPEN SI in its sole discretion:

• Age-restricted products or services.
• Bonding or bankruptcy services.
• Equity fundraising as defined by OPEN SI. It is, however, prohibited with respect to the purchase of shares. The promise made is to provide a good or service in the future
• Meeting services.
• NGOs / charities.
• Money transfers, wire transfers, money orders, check issuers and check cashing, including merchants, unless they are registered and licensed as money services businesses or money transfer operators
• Payment facilitators (unless registered and authorized)
• Personal improvement and/or nutraceutical products.

Additional personal information may be obtained from third party applications and other identification/verification services, for example, from your financial institution. Once you begin using our services, we retain all records of your transactions and will not share or disclose your personal information with third parties without your consent.

PROHIBITED SUBCOMMITTEES
OPEN SI will not solicit or enter into agreements with merchants or sub-merchants (i) in any of the following categories/activities, or (ii) engaged in any of the following activities, as such list may be updated from time to time by OPEN SI in its sole discretion. Prohibited by OPEN SI and/or the Bank Card Brand Rules are:

• Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more credit card brands.
• Any merchant selling goods or services that violate any law, statute or regulation.
• Any merchant selling products that infringe the intellectual property rights of others, including counterfeit products or any products or services that infringe the copyright, trademark or trade secrets of others.
• Any merchant accepting a card as payment for an unpaid check or for an item deemed uncollectible by another merchant.
• Any merchant accepting a card at a certificate dispensing terminal.
• Adult entertainment and/or adult content websites, including e-commerce adult content (video-text) merchants.
• Any merchant who accepts a card at a certificate terminal.
• Bestiality.
• Potentially or non-potentially damaging brand or reputation related activities, including child pornography, escort services, mail order promises, occult services.
• Digital wallet, cryptographic or prepaid companies.
• Drug luring.
• E-cigarettes.
• Firearms and weapons, including ammunition.
• Internet pharmacies/mail order pharmaceuticals.
• Investing or «get rich quick» merchants, businesses or programs.
• Marijuana dispensaries and related products or services.
• Multi-level marketing companies.
• «Negative option » marketing, renewal or continuity subscription practices; marketing activities involving low-cost, « pay only for shipping» and/or « free trial periods» after which a credit card is periodically charged and/or a significantly larger amount
• Pawnshop.
• Pseudo-pharmaceutical products.
• Psychics and «occult » businesses.
• Quasi-cash or stored value.
• Substances designed to imitate illegal drugs.
• Transaction of virtual currency or credits that can be monetized, resold or converted into physical or digital goods or services or taken out of the virtual world.

THIS LIST IS NEITHER EXHAUSTIVE NOR RESTRICTIVE AND MAY BE UPDATED.

Fraudulent transactions
If fraud does occur, it will be investigated and if the findings determine that the fraud was committed by Merchant and/or is the sole responsibility of Merchant and its personnel, Merchant will be responsible for any losses that occur at its point of sale and/or any of its outlets. A fraudulent transaction may occur when payment cardholder information is obtained at one Merchant’s point of sale/site and then used at another Merchant’s point of sale/site to acquire goods or services illegally; this is referred to as the “Point of Violation“.

If Merchant’s point of sale/site is found to be the Point of Violation, Merchant will assume responsibility for any losses incurred. OPEN SI may freeze the Merchant Account and suspend the payout mechanism when it is determined that the Merchant and/or its employees or agents are the Point of Violation and/or have conspired to commit fraud and/or are complicit.

However, if, after investigation, the merchant is found to be not liable, he is obliged to take legal action against the offender and OPEN SI has the right to automatically become a civil party.

Chargeback operations
Merchant acknowledges and agrees that, under certain circumstances, the issuing bank, payment system (Visa, MasterCard…) or other financial institutions may:

(i) refuse to settle a transaction or (ii) impose chargebacks on the Company.

Merchant agrees that it may be required to reimburse OPEN SI for chargebacks when it accepts settlement of the relevant transaction. In such cases, Merchant shall respond to disputes from its end customers who are cardholders or mobile money wallets and handle chargebacks in accordance with the payment system rules.

The Merchant agrees that the Aggregator shall have the right to send the unsettled transactions received from the Merchant’s Customers to the Issuing Bank/the relevant authorities for verification and in case of objection and/or opposition on the transactions executed by the Issuing Bank or the relevant authorities for any reason. OPEN SI shall not be obligated to pay Merchant the amount of the transaction during the verification period contained in this Agreement. All chargebacks will be for all or a portion of the settlement value of the original transaction.

In the event of a chargeback, the Company shall immediately be entitled to invoice the Merchant to recover :

• the total amount of the relevant chargeback;
• a Flooz Money Aggregator Approval;
• and any other costs, expenses, liabilities or fines incurred as a result of or in connection with such Chargeback (« Chargeback Costs»).

Such invoices, if any, shall be sent immediately to Merchant. A chargeback represents an immediate debt due from Merchant to Company and where the full amount of chargebacks and/or chargeback costs are not invoiced as set forth in the foregoing clause by Company, then Company shall be entitled to recover from Merchant by any means the full amount of such chargeback and dispute costs (or the balance thereof, as the case may be).

Company shall not be obligated to investigate the validity of any chargeback by any issuing bank, payment system or other financial institution, whose decision shall be final and binding with respect to any chargeback. Because chargebacks may occur for a significant period of time after the date of the relevant transaction, Company will remain entitled to recover chargebacks and chargeback costs from Merchant even after the termination of the contractual relationship between Merchant and OPEN SI.

Company may immediately terminate this Agreement and the Services provided hereunder if it, in its sole discretion, determines that the total value of Refunds and/or Chargebacks is unreasonable. Merchant agrees and confirms that it shall remain solely responsible after termination of the Agreement for all Chargebacks, refunds, penalties, losses, damages or costs incurred by Company, the acquiring bank and/or Merchant’s users and for all claims and proceedings arising against Company under this Agreement.

Set-Off
For any debt or liability incurred by the Merchant to the Company, the Company shall send an invoice with supporting documentation to the Merchant for reimbursement. Said invoice shall be due and payable within thirty (30) calendar days from the date of receipt of the invoice. Company shall have the right to defer any payment or other sum due to Merchant to the extent it deems necessary or appropriate to protect its ability to collect the Charges and/or any stated sums.

If Company has reasonable grounds to suspect that a transaction may be fraudulent or involve other criminal activity, Company may suspend processing of such transaction and any connected transaction or suspend settlement until satisfactory completion of any investigation. Merchant shall not be entitled to any interest or other compensation of any kind for any suspension or delay in receiving such Payment.

The exercise by the Company of any of its rights under this clause shall be without prejudice to any other right or remedy (including, without limitation, set-off) to which the Company is otherwise entitled (whether by law, contract or otherwise).

We may revise these terms from time to time. Changes will not be retroactive. We will also attempt to notify you of any material changes that may be made by email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.