The applicable is the French law and the jurisdiction is the Court of appeal of Marseille (France).
Terms
Thank you for using WECASHUP. WECASHUP is delivered and detain by INFINITY SPACE, registered to the commercial jurisdiction of Marseille under the n° 810 369 827, having the head office 45 rue Frédéric Joliot Curie, 13013 Marseille.
You may not access or use WECASHUP unless you agree to abide by all of the terms and conditions in this Agreement.
Please, do not hesitate to contact us.
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Scope
Together with our Privacy Policy, and any other terms and conditions referred to therein, they constitute the legal relationship between the User and Infinity Space.
WECASHUP use is only for Users who accept these terms of use.
If the User does not respect these terms, the use of WECASHUP will end.
The User declares to have legal capacity.
The underage User declares having received the agreement of its parents or someone detaining the parental authority.
The User agrees that WECASHUP is not a bank.
WECASHUP and the User are both totally independent entities.
WECASHUP does not have to satisfy a specific result and is limited to its best effort endeavors.
The User agrees that they are liable for the products and services bought and sold on their marketplace through WECASHUP.
The User agrees that WECASHUP can modify these terms of use at any time.
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Definitions
Various terms in these Terms of Use have a defined meaning as follows:
- “Terms of use” refers to the present general terms of use of the WECASHUP platform
- “Site” refers to all the subdomain websites depending on WECASHUP.
- “Merchant site” means the website of the User.
- “User” means the person and/or the legal entity, acting by itself or representing a third party, practicing a professional activity or not, and using WECASHUP. It can also refer to anyone who has an account on WECASHUP according to the subscription procedure described below.
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WeCashUp services
WECASHUP allows:
- An innovative platform for e-commerce in Africa. WECASHUP is the bridge where financial data is transferred from mobile payment clients to the marketplace;
- A tutorial service;
- The possibility for each User to create its own account.
WECASHUP is reachable for free from anywhere as long as you have internet access. All fees required to access the Website will be at the User’s expense (computer, software, Internet access…)
Considering the worldwide aspect of the Internet, the User agrees to comply with all the compulsory rules that apply to the Internet network in the country where the service is used.
WECASHUP will do its best effort to make the service accessible 24/7, but does not have to satisfy any results requirement.
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Warranties and liability of WeCashUp
WECASHUP uses its best effort to offer the User updated and true information, but WECASHUP cannot be considered neither as liable of the mistakes, inaccuracies, omission or unavailable information of the website, nor consequential direct or indirect damages.
Contents and services appearing on WECASHUP might be general information only.
The User is the only one liable for the interpretation and the use of the given literature. The literature published by WECASHUP cannot replace an opinion, a diagnostic or expert user advices, especially for finance, telecom and security.
WECASHUP cannot be liable in a anyway for anything arising from the relationship between the User and the supplier. Claims related to the services will have to be send directly to the concerned entity or person.
WECASHUP will take all reasonable effort to offer to the User a secure website without virus. It belongs to the User to protect its equipment or its computer network using an anti virus frequently updated. WECASHUP or INFINITY SPACE will not be liable nor for any attack and virus in the User’s computer hardware neither of consequently direct or indirect damages.
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WeCashUp use
The User could use WECASHUP only after being registered by creating an account and after being identified with its email and password.
Information asked by WECASHUP are compulsory for the account creation of the User. The email could be used by WECASHUP for the management of the service.
The User can modify all information given during the registration using its account setting elements. He takes the full liability of it action, password and login details.
By opening an account on WECASHUP, the User agrees on these terms of use. By the subscription to WECASHUP service, the User agrees to receive information by mail. He could unsubscribe to receive those informations sending a mail to info@wecashup.com.
WECASHUP provides Payment services that may only be provided by an authorised payment services provider or electronic money institution.
When the User registers for a WECASHUP Account, WECASHUP may asked for personal data or financial information. Throughout the term of this Agreement, we may share information about WECASHUP Account with Financial Services Providers in order to verify the eligibility of the User to use the Payment Services, establish any necessary accounts or credit with Financial Services Providers, monitor Charges and other activity, and conduct risk management and compliance reviews.
WECASHUP is not a bank and do not accept deposits, provide loans or extend credit.
To enable WECASHUP to process Transactions for the User, the User authorize and appoint Financial Services Providers to receive and pay any funds owed to the User through the Payment Services.
Both User and WECASHUP are independent.
The User shall obtain the consent to submit credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction (the “Instruction”) through the Payment Services on their behalf.
The User shall provide confirmation or receipts to Customers for each Instruction.
The User shall verify Customers’ identities and eligibility.
Even an authorized Transactions is subject to a Dispute, WECASHUP will not be liable for the authorised and completed Instruction by the User that are in Dispute or submitted without authorisation or in error, or violate any Laws.
The User might have the possibility to challenge a Dispute by submitting evidence through the API or the Dashboard.
Financial Services Providers may deny the User challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a Financial Services Provider may credit funds associated with the Instruction that is the subject of the Dispute (or a portion thereof) to the Account.
The User is liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services. WECASHUP does not and will not insure against losses caused by fraud under any circumstances.
WECASHUP is not liable for financial losses or any other consequences of such fraud.
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User
To subscribe, the User shall :
- mention their email address, civilities and its postal address;
- give their user name;
- give their password and keep it confidential;
- mention if they want to receive offers of WECASHUP partners by email or not;
- choose a field among a suggested list;
- mention their professional website.
The User is invited to read and agree with WECASHUP’s data privacy terms.
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Compliance
The User is the only one liable for the information, messages and the full content that he publish on WECASHUP as the FAQ, comment, inbox message and estimation.
The User must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use WECASHUP and transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
The User agrees to do not do anything that could harm the reputation or the image of WECASHUP, its activities or of its representatives.
Some categories of businesses are prohibited from using WECASHUP. The following list of prohibited businesses is not exhaustive. If you are uncertain or have questions, please contact us:
- Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported;
- Use of WECASHUP intellectual property without express consent from WECASHUP;
- Use of the WECASHUP name or logo including use of WECASHUP trade or service marks inconsistent, or in a manner that otherwise harms WECASHUP or the WECASHUP brand; any action that implies an untrue endorsement by or affiliation with WECASHUP.
The User may submit comments or ideas about improvements to WECASHUP (“Ideas”). The User agrees that WECASHUP is free to use the Ideas without any attribution or compensation to the User.
The User agrees and licenses WECASHUP to use the User name, logo and trademarks on a non exclusive and non transferable basis. Consequently, the User agrees to be publicly identified as a WECASHUP user.
If the User does not want to be identified as a user of WECASHUP, please contact us.
WECASHUP will stop referring to the User logo and trademarks upon termination of account.
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Modification and termination of the account
This Agreement is effective upon the date the User first accesses or uses WECASHUP and continues until terminated by the User or WECASHUP. To terminate this Agreement, the User can close their WECASHUP Account at any time by selecting “close my account” in the setting. The User will cease to use WECASHUP.
If the User uses WECASHUP again or registers for another Account, the User will consent to this Agreement.
WECASHUP may terminate this Agreement or close the User’s Account at any time for any reason by providing a Notice to the User.
WECASHUP may suspend the User Account and its ability to access funds in the Account, or terminate this Agreement, if (i) WECASHUP determines in its sole discretion that the User is ineligible for WECASHUP because of significant fraud or credit risk, or any other risks associated with the Account; (ii) the User use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; or (iii) any Law or Financial requires WECASHUP to do so.
Termination does not immediately relieve the User of obligations incurred by you under this Agreement. Upon termination, the User agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions through WECASHUP, and (iii) immediately remove all WECASHUP or payment network logos from its website (unless permitted under a separate licence with the payment network).
The User continued or renewed use of WECASHUP after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement.
In addition, upon termination, the User understands and agrees that WECASHUP will not be liable to the User for compensation, reimbursement, or damages related to the use of the WECASHUP, or any termination or suspension of WECASHUP or deletion of the User’s information or account data; and the User is still liable for any Fees or fines, or other financial obligation incurred by the User or through the use of WECASHUP prior to termination.
In case of a serious breach WECASHUP may close at any time the account without damages whatsoever.
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strife, riots, war, terrorist attack, acts of God, or other causes over which the respective party has no reasonable control.
Unless a legal decision requires for it, any damages whatsoever will be paid to the User.
Burden of proof: Parties agree that they could send all necessary information by email. Any electronic communication will be considered as a proof as for a written one.
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Applicable law and litigation