TERMS and CONDITIONS



THE TERMS OF USE (TERMS OR AGREEMENT) SET FORTH BELOW, AND UPDATED FROM TIME TO TIME, DESCRIBE THE TERMS AND CONDITIONS THAT SHALL GOVERN YOUR USE OF THE MPAYOK EUROPE MOBILE FINANCIAL SERVICES SYSTEM (THE SERVICES AND THE "MPAYOK SYSTEM", RESPECTIVELY). mPayOK Europe Limited, is a Banking Transactions and Payment Services Intermediary, authorized to distribute electronic wallets, according to the European legislative governing electronic money and payment services, as a distributor of W-HA, W-HA, issuer of electronic money, approved by the Prudential Control Authority in France. mPayOK EUROPE money transfer and payments services are within the terms and conditions of this license.

BY CLICKING ON THE “I READ AND ACCEPT THE TERMS OF USE” BUTTON AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR ACTIVATING THE MPAYOK MOBILE SOFTWARE APPLICATION (THE “APPLICATION”) AND/OR USING THE APPLICATION AND/OR THE SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS & CONDITIONS TOGETHER WITH THE TERMS & CONDITIONS OF W-HA HEREINAFTER. IF YOU DO NOT AGREE TO THE TERMS, REFRAIN FROM DOWNLOADING OR INSTALLING OR ACTIVATING OR USING THE APPLICATION OR THE SERVICES.


SERVICES


1. Services Offered. The Application offers a wide range of Services, conducted between users of the mPayOK System, including the ability to transfer, send and receive money, recharge prepaid cellular accounts, buy goods and pay bills through your registered mobile phone and through Internet web-service.

2. Registration. In order to utilize the Services, you will be required to create a user account by registering your user information via web application for a basic account or with an authorized mPayOK agent (an "Agent") for a Silver account and depositing an initial amount of at least 10 EURO on your m-account. As part of the registration process you will receive a PIN code which will allow you to access the mPayOK System. By registering for the Services and creating a user account you represent that you are of legal age and capacity to form a binding contract under applicable law.

3. Loading Money. You can load money on your m-account by depositing the desired cash amount with any Agent or by debit/credit cards, via the Internet or bank transfer. MPAYOK EUROPE may add additional methods of loading money to m-accounts, upon notification. The cash you load will be deposited in the main mPayOK bank account and will be represented as e-money in your m-account in the country currency

4. Trustee. Deposits of the Users are deposited to the credit of an account in the books cantonment of W-HA, according to their terms and conditions attached below this document.

5. Redeeming Money. The balance of your m-account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the mPayOK System.

6. Transactions. Immediately upon conclusion of any action of loading money to or transferring money to or from your m-account (a " Transaction") your m-account shall be charged or credited, as applicable. The mPayOK System will not allow you to transfer e-money from your m-account in an amount which exceeds the amount of e-money deposited in your m-account, reserving the amount of commission due for such Transaction.. No Transaction can be cancelled after conclusion unless a specific order is given by the user and following a verification and authorization of mPayOK officer. In any event, the Commission paid will not be refunded.

7. Commission. For each Transaction a commission will be charged at the rate set forth in the commission schedule (the "Commission "), available at Agents outlets and as may be published from time to time. The applicable Commission will be deducted from your m-account upon conclusion of each Transaction, and the new account balance will appear in the mPayOK System and will be communicated to you by a system message. No commission will be charged for m-account management services such as balance verification or change of PIN code. If during a certain month no Transaction has been executed by you, a minimum monthly fee of 1 EURO will be charged to your m-account.

8. Maintenance and Support. As long as you are registered for the Services, you will be entitled to receive for no additional consideration, maintenance and support services for the Services and the Application, in accordance with mPayOK standard terms, by communicating the customer service call-center, whose information shall be provided by the Agent and on mPayOK web site and as may be updated from time to time.

9. Suspension and Disconnection of Services. MPAYOK EUROPE reserves the right to suspend or terminate the provision of the Services, at its sole discretion, if you use the m-account for unauthorized purposes, or if your m-account has been inactive for a period of ninety (90) days. In the event of account suspension, for any reason other than use for unauthorized purposes, your m-account shall be archived, and you will be able to retrieve the money held to your credit by presenting sufficient identification. You may request your m-account to be closed at any time by presenting sufficient identification and signing the required form. MPAYOK EUROPE at its discretion, may close your m-account at any time for any reason upon giving one (1) week notice to you and making reasonable attempts to reach you. In such circumstances, you shall be entitled to the balance of any funds remaining in your m-account, which you can receive by presenting sufficient identification. You acknowledge that MPAYOK EUROPE may be compelled by law to suspend and/or freeze your m-account or decline to execute your Transaction requests if there are reasonable grounds to suspect that an m-account has been or is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.

10. Loss or Theft. It is your responsibility to keep your PIN code away from your mobile phone and your password away from your computer. Do not write the PIN code on or next to your mobile phone. You may change your PIN code or password at any time through the mPayOK application or by contacting the customer service call-center. In case of loss or theft of your mobile phone or your PIN code you shall promptly freeze your m-account by notifying the customer service call-center.


APPLICATION LICENSE



11. Software Application; Grant of License. In order to access and use the Services via your mobile phone or the Internet, and in order to download the Application on your smart-phone, MPAYOK EUROPE grants to you a limited, non-exclusive license to use the Application as provided herein, solely for the purpose of receiving the Services (the “License").

12. Other Rights and Limitations. You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Application, or extract or attempt to extract source code from the object code of the Application. The Application is licensed as a single product; you may not separate its component parts for any purpose. You may not make any commercial use of the Application, whether or not for consideration.


INTELLLECTUAL PROPERTY RIGHTS



13. Ownership of Rights. The Services and the Application and any software used in connection therewith contain proprietary and confidential information. You acknowledge and agree that the Services and the Application are proprietary of MPAYOK EUROPE and its licensors, protected under applicable intellectual property and other laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Services, the Application and any software therein, including associated intellectual property rights, are and shall remain with MPAYOK EUROPE and its licensors. This Agreement does not convey to you any interest in or to the Services, the Application and any software therein, except for a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement. You will not remove, alter or deface any trademarks or proprietary notices of MPAYOK EUROPE or of its licensors in the Application.


PRIVACY



14. Save as provided hereunder, MPAYOK EUROPE will not share your personal information with unauthorized persons. Adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.

15. You acknowledge that by using the Services, some of your personal information will be passed on to any person whom you receive e-money from or send e-money to through your m-account and will be available to any third party involved in the operation of the Services.

16. You acknowledge that MPAYOK EUROPE may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements. You accept that MPAYOK EUROPE shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.


SECURITY



17. MPAYOK EUROPE shall take all required and reasonable measures to ensure the security of the mPayOK System. However, due to the virtual nature of the system and all of its components, which are exposed to security risks by their nature, including disclosure or modification of data installed on the system by unauthorized persons, a security risk exists. You acknowledge the existence of such security risk involved in the use of the mPayOK system.


WARRANTY; LIMITATION OF LIABILITY.



18. MPAYOK EUROPE PROVIDES THE APPLICATION AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MPAYOK EUROPE DOES NOT WARRANT THAT THE APPLICATION AND SERVICES SHALL BE ERROR-FREE, THAT THEY SHALL OPERATE UNINTERRUPTED OR THAT THEY SHALL MEET YOUR REQUIREMENTS. MPAYOK EUROPE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Notwithstanding anything herein to the contrary, MPAYOK EUROPE’s sole and cumulative liability to you or any third party for any loss, cost or damage resulting from any claims, demands or actions arising out of or relating to these Terms and/or your use of the Application and/or the Services shall not exceed the maximum m-account balance immediately preceding the occurrence of the event giving rise to the applicable loss, cost or damage. In no event shall MPAYOK EUROPE be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, misconduct of agents; technical problems of kiosks; Transactions made to unintended recipients or in incorrect amounts due to the input of incorrect information by you; transactions made from your account by an unauthorized third party who passes all identity and verification checks; any fraud, deception or misrepresentations by any agent; any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the mPayOK System; failure of any other telecommunications or data transmission system other than the mPayOK System; any result of any acts of government or authority, or force majeure; damages for loss of profits, revenue, goodwill, use, data, electronically transmitted requests or other economic advantage (even if MPAYOK EUROPE has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to the use of or the inability to use the Application and/or the Services for any reason. Some states may not allow the limitation or exclusion of liability for indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.


LEGAL COMPLIANCE



19. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.


GOVERNING LAW AND JURISDICTION; LITIGATION COSTS.



20. This Agreement shall be construed and governed in accordance with the laws of country of operation regardless of its conflict of laws rules, and the competent courts of the country of operation shall have sole and exclusive jurisdiction over any dispute under this Agreement. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.


MISCELLANEOUS



21. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement represents the entire agreement between you and MPAYOK EUROPE with respect to the subject matter hereof and they supersede any prior proposal, representation, or understanding between the parties. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your m-account and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.


GENERAL



22. For more information on W-HA’s T&C, please visit the following links: https://www.api-money.com

Version updated on December 15th, 2018