Terms Of Use

Last updated: April 1, 2024

By using this website (www.qosic.com), any of our websites and/or services,
you agree to these Terms of Use.

Introduction

Age restrictions

Intellectual property

License to use our Website

Who May Use Our Services?

General

Acceptable Use Policy

Restricted Activities

Actions by QOS

Updates, Modifications & Amendments

Contact us

Introduction

These Website Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your access to and use of this website, including all pages within this website (collectively referred to as this “Website”).These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.Please read and understand the terms of agreement carefully before being agreed to be bound by it’s terms.

1. Age restrictions

In order to use the payment services, you must be over 18.

2. Intellectual property

Unless otherwise stated, QOS Integrated Center (“QOS”) and/or its licensors own the intellectual property rights and materials on the website subject to the license below. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

3. License to use our Website

We grant you a non-assignable, non-exclusive and 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 for you to use in connection with our services.

The services are protected by copyright, trademark, and other laws of both Benin Republic and foreign countries. Nothing in this Term gives you a right to use the QOS name or any of QOS’ trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of QOS and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, QOS and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

4. Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with QOS and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to


4.1. Warranty disclaimer


qos will always ensure that the website is available at all times and bug free. however, it is used at your own risk.

we provide all materials “as is” with no warranty, express or implied, of any kind. we expressly disclaim any and all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, availability, security, title, and non-infringement of intellectual property rights, without limiting the generality of the foregoing, qos makes no warranty that our website and services will meet your requirements or that our website will remain free from any interruption, bugs, innaccuracies, and error free.

your use of our services are at your own risk and you alone will be responsible for any damage that results 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 our services will create any warranty or condition not expressly stated.


4.2. Limitation of Liability


you agree to the limitation liability clause to the maximum extent permitted by applicable law: qos will in no way be liable for any direct, indirect, incidental punitive, consequential, special or exemplary damages or any damages including damages resulting from revenue loss, profit loss, use, data, goodwill , business interruption or any other intangible losses (whether qos has been advised of the possibility of such damages or not) arising out of qos’ website or services (including, without limitation to inability to use, or arising from the rusult of use of qos’ website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

some jurisdictions do not allow exclusion of certain warranties or limitations on the scope and duration of such warranties, so the above disclaimers may not apply to you in their entirities but will apply to the maximum extent permitted by applicable law.


4.3. Indemnification


You hereby indemnify QOS and undertake to keep QOS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.


4.4. Breaches of these Terms


Without prejudice to QOS’ other rights under these Terms, if you breach these Terms in any way, QOS may take such action as QOS 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.


4.5. Cookies


Like many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.


4.6. Governing Law


These Terms shall be interpreted and governed by the laws currently in force in the Republic of Benin.


4.7. Legal Disputes


Amicable settlement of any disputes arising out of this Terms of Use will be sought by the parties within thirty (30) days of their occurrence. If the parties fail to reach a friendly settlement within that period, the disputes shall be settled definitively in accordance with the arbitration rules of the OHADA Joint Court of Justice and Arbitration by three arbitrators appointed in accordance with this regulation.

5. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on Terms and Conditions Page and will govern our relationship with you. We will also try to notify you of any material changes which could be done via 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.

In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. QOS’ failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision

6. Acceptable Use Policy

By accessing or using QOS, you agree to comply with the terms and conditions of this Acceptable Use Policy.

7. Restricted Activities

  • ■ violates any law or government regulation, or promotes or facilitates such by third parties;
  • ■ violates any rule or regulation of Mobile Money Operators or Card Network/Bank;
  • ■ is fraudulent, deceptive, unfair or predatory;
  • ■ causes or threatens reputational damage to us or any Mobile Money Operator or Card Network/Bank;
  • ■ results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

8. Certain Business Categories


You may not use QOS platform in connection with any product, service, transaction or activity that:


  • ■ falls within the Prohibition List of the Beninese Customs Administration of the Republic of Benin
  • ■ relates to the sale and/or purchase of:

  1. 1. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;
  2. 2. blood, bodily fluids or body parts;
  3. 3. burglary tools;
  4. 4. counterfeit items;
  5. 5. illegal drugs and drug paraphernalia;
  6. 6. fireworks, destructive devices and explosives;
  7. 7. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
  8. 8. lottery tickets, sweepstakes entries or slot machines without the required license;
  9. 9. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  10. 10. police badges or uniforms;
  11. 11. chemicals;
  12. 12. recalled items;
  13. 13. prohibited services;
  14. 14. unlicensed financial services, stocks or other securities;
  15. 15. stolen property;
  16. 16. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  17. 17. sales of currency without BDC license, certain cryptocurrency operators;
  18. 18. obscene material or pornography;
  19. 19. certain sexually oriented materials or services;
  20. 20. certain firearms, firearm parts or accessories, ammunition, weapons or knives; or
  21. 21. any product or service that is illegal or marketed or sold in such a way as to create liability to QOS.

■ relate to transactions that:


  1. 1. show the personal information of third parties in violation of applicable law;
  2. 2. support pyramid or ponzi schemes, matrix programs, other 'get rich quick' schemes or certain multi-level marketing programs;
  3. 3. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by mobile money or Card Network/Bank;
  4. 4. pertain to ammunitions and arms; and
  5. 5. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from QOS and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

9. Actions by QOS


If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to QOS and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:


  • ■ Blocking the settlement or completion of one or more payments;
  • ■ Suspending, restricting or terminating your access to and use of the QOS Services;
  • ■ Terminating our business relationship with you, including termination without liability to QOS of any payment service agreement between you and QOS;
  • ■ Taking legal action against you;
  • ■ Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

10. Updates, Modifications & Amendments

We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy.

We advise that you check this page often, referring to the date of the last modification on the page.

11. Contact us

Please feel free to reach out to us with your questions, notices or further information via privacy@qosic.com