Terms and Conditions
Last updated: May 31, 2023

 

These Terms and Conditions ("Terms") govern your access to and use of the HooplaPay online payment gateway ("Service"), which is provided by HooplaPay, a product of THoopla Solutions Sarl ("HooplaPay," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Service.

1. Use of the Service

1.1 Eligibility:
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. By accessing or using the Service, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration:
To use certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

1.3 Prohibited Activities:
You agree not to use the Service for any unlawful, fraudulent, or unauthorized purposes. You must comply with all applicable laws, regulations, and third-party agreements when using the Service. Prohibited activities include but are not limited to:

(a) Engaging in any activity that violates the rights of others or infringes upon intellectual property or proprietary rights;
(b) Attempting to gain unauthorized access to the Service or any accounts, systems, or networks connected to the Service;
(c) Interfering with or disrupting the operation of the Service or its servers;
(d) Engaging in any form of fraudulent activity, including but not limited to identity theft, money laundering, or phishing;
(e) Using the Service to transmit any viruses, malware, or other malicious code;
(f) Engaging in any activity that could impose an unreasonable burden on our infrastructure.

2. Payments and Transactions

2.1 Payment Processing:
HooplaPay provides a closed loop online payment gateway that allows users to process payments within the Hoopla Ecosystem. While we strive to provide a smooth and secure payment experience, we do not guarantee the availability, accuracy, or reliability of any payment methods or gateways integrated with the Service.

2.2 Transaction Fees:
Certain transactions processed through the Service may be subject to transaction fees or other charges. You agree to pay all applicable fees and charges associated with your use of the Service. The fees and charges may be displayed to you before you complete a transaction.

2.3 Disputes and Refunds:
If you have a dispute or claim regarding a payment made through the Service, you may initiate a dispute resolution process by contacting us. We will review the dispute and, if necessary, work with the parties involved to resolve the issue. Refunds, if applicable, will be processed in accordance with our refund policy.

3. Intellectual Property

3.1 Ownership:
The Service, including its software, content, design, trademarks, and other intellectual property, is owned or licensed by HooplaPay. These Terms do not grant you any rights to use the HooplaPay name, logo, or trademarks without our prior written consent.

3.2 License:
Subject to your compliance with these Terms, HooplaPay grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You may not modify, reproduce, distribute, or create derivative works based on the Service without our express written consent.

4. Privacy

Your privacy is important to us. The collection and use of your personal information through the Service are governed by our Privacy Policy. By using the Service, you consent to the collection,

 use, and disclosure of your personal information as described in the Privacy Policy.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HOOPLAPAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOOPLAPAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

7. Indemnification

You agree to indemnify, defend, and hold harmless HooplaPay and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of any third party.

8. Modifications to the Service and Terms

HooplaPay reserves the right to modify or discontinue the Service, temporarily or permanently, without notice. We also reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the updated Terms on the Service. Your continued use of the Service after the posting of any changes constitutes your acceptance of such changes.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of OHADA. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of OHADA.

10. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

11. Entire Agreement

These Terms constitute the entire agreement between you and HooplaPay regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral.

If you have any questions, concerns, or requests regarding these Terms, please contact us at hooplapay@hoopla.cab.

By using the HooplaPay Service, you acknowledge that you have read, understood, and agreed to the terms of these Terms and Conditions.

 

 

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