Introduction

These Website Terms and Conditions hereinafter referred to as << Terms >> herein, shall govern your access to and use of our website, including all pages within this website collectively referred to as this Website. These Terms apply in full to your use of our Website. By using our Website, you expressly accept in full all of the terms and conditions contained herein. You must not use this Website if you have any objection to any of these Terms.

By creating and using an account with PrimioPay, you accept and agree to comply with these Terms and Conditions. You also accept and agree to comply with any additional terms and conditions specific to the products and services used (“Additional Terms”), such as the Payment Terms and Conditions, which become an integral part of the agreement concluded with us. If you do not agree with these Terms and Conditions or any Additional Terms that may apply to you, you are not authorized to access or use the Services, and you should not accept these Terms and Conditions. Where applicable, it is your responsibility to ensure that your employees or other representatives using the Services on your behalf have read and understood these Terms and Conditions and any Additional Terms, and agree to be bound by them.

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

Age restriction

To use the payment services you must be over 18 years old.

Intellectual Property

Unless otherwise stated, PrimioPay owns the intellectual property rights in the elements of the Website subject to the license below. We do not grant you any right, license, title or interest in our intellectual property rights to which you may or may not have access.

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 as permitted by these Terms. This license includes all updates, upgrades, new releases, and replacement software that you may use as part of our Services. The Services are protected by copyright, trademark, and other laws of the countries where PrimioPay operates or foreign countries. Nothing in these Terms grants you any right to use the PrimioPay name or any of PrimioPay’s trademarks, logos, trade names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of PrimioPay. If you fail to comply with any provision, you will be liable for all resulting damages affecting you, PrimioPay, and any third parties. Except as otherwise required by applicable law in any country, you agree not to modify, re-engineer, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer or otherwise attempt to create source code derived from the Software. Any feedback, comments or suggestions you may provide to us and our Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.

Quality of user of PrimioPay services

You may use the services only if you agree to enter into a contract with PrimioPay and if you are not a person prohibited from receiving services under the laws of the applicable jurisdiction in the country where the services are available. If you accept these Terms and use the Services on behalf of an individual, company, business or organization, you must represent and warrant that you are authorized to do so.

Warranty clause

PrimioPay 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 services “as is” without any warranty, express or implied, of any kind. 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, without limitation, any warranty that our website and services will meet your requirements or that our website will remain uninterrupted, bug-free, inaccurate or error-free. Your use of our services is at your own risk and you will be solely responsible for any damage resulting in loss of data or damage to your computer system. No advice or information, whether oral or written, obtained by you from our website or services will create any warranty or condition not expressly stated.

Limitation of Liability Clause

You agree to the limitation of liability clause to the maximum extent permitted by applicable law: PrimioPay shall not be liable in any event for any direct, indirect, incidental, punitive, consequential, special or exemplary damages or any damages resulting from damages related to the misuse of data, goodwill, business interruption or any other intangible losses (whether PrimioPay has been advised of the possibility of such damages or not) arising out of the PrimioPay website or services whether such damages are based on warranty, tort, contract, statute or any other legal theory. In the event that some jurisdictions do not allow the exclusion of certain warranties or limitations on the scope and duration of such warranties, the above disclaimers may not apply to those entities. However, they will apply to the maximum extent permitted by applicable law in the country where PrimioPay services are available.

Liability and Indemnification

You hereby indemnify PrimioPay and undertake to keep PrimioPay harmless from and against any loss, damage, costs, liabilities and expenses (including, without limitation, reasonable legal fees) arising from your breach of any provision of these Terms, or from any claim arising out of or in connection with your breach of any provision of these Terms.

Breaches of these Terms

Without prejudice to PrimioPay’s other rights under these Terms, if you breach these Terms in any way, PrimioPay may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Cookies

Like many 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, the number of times you visit, the date and time of your visits and the various actions you take on our website. Some browsers may automatically accept cookies while others can be modified to refuse cookies or alert you when a website wants to place a cookie on your computer. If you choose to disable cookies, this may limit your ability to use our website. For more information please refer to the cookie policy

Age restriction

To use the payment services you must be over 18 years old.

List of Prohibited Merchants

1. Merchants or Owner(s)/Principal(s) on MATCH.
2. Prohibited Card Brand Merchants and Merchant Types (All).
3. Adoption Agencies - For Profit.
4. Adult, sexual or pornographic products and services (all media types: Internet, telephone, print, etc.) - including but not limited to: Adult books/video stores, Adult animation, Any product on the Internet containing graphic or nude content, Devices such as personal massagers/vibrators, sex toys and accessories, Audio (phone sex and adult phone/text conversation)
5. Various versions have evolved over the years, sometimes by accident sometimes on purpose.
6. Underage of Merchant Age
7. Products or Services Subject to Legal Restrictions (e-commerce/NOC)
8. Any Merchant Operating Outside of Our Area of ​​Operation
9. Activities that are harmful to brand or reputation, potential or otherwise, including but not limited to occult material, non-consensual mutilation of a person or body part
10. Mass marketing tools that include mailing lists, software or other products that enable unsolicited electronic messages (spam)
11. Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected content
12. Any other activity considered by us to be similar to those on the prohibited list

Restricted (Limited) Merchants

PrimioPay recognizes that business opportunities may be presented by Merchants and sub-merchant types that present increased risks due to higher chargeback rates and refunds due to the nature of the product or service provided (i.e. items that are easily sold on the black market, items that have little or no value that can be easily disputed, etc.). The risk presented by these business opportunities may be closely monitored and controlled, and therefore mitigated, to present an acceptable level of processing risk. This list is not intended to be exhaustive. Other types of merchants or products may fall into the restricted category due to the type of business as determined on a case-by-case basis.

Merchants and Sub-Merchants

In order to use PrimioPay services, you must open a Merchant account provided by PrimioPay, and you must agree to PrimioPay’s Terms of Use and Privacy Policy. All funds held in the Merchant account are held by PrimioPay’s partner financial institutions, as set forth in PrimioPay’s Terms of Use. You authorize PrimioPay to collect and share with its partners and subcontractors, your personal information including your full name (date of birth, social security number, telephone number, geographic address), email address and financial information, and you are responsible for the accuracy and completeness of this data. You understand that you will access and manage your Merchant account through PrimioPay (Website and Application) and Merchant account notifications will be sent by PrimioPay. PrimioPay will provide support service to assist with your Merchant account activity via www.primiopay.com and hello@primiopay.com.

General

We may revise these Terms from time to time. Changes will not be retroactive and the most current version of the Terms will always be available on www.primiopay.com and will govern our relationship with you. We will notify you of any material changes via an email associated with your account or a service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised terms. In the event that any of these terms are held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect. PrimioPay's failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision.

Applicable law

These conditions will be interpreted and governed in accordance with the laws of the State of Cameroon, including the texts of OHADA and you submit to the exclusive jurisdiction of the court whose exclusive jurisdiction is attributed.