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M'sila: 01/07/2024

Specific Terms of Use for Chargily Pay™ For Merchants

Preamble

Chargily Pay™ is an online payment platform designed to provide MERCHANTS and their FINAL E-CONSUMERS with secure and diverse payment solutions. These specific terms of use aim to define the rights and obligations of users of the Chargily Pay™ platform. By accessing and using our service, you agree to comply with these terms. Therefore, we are committed to protect your personal information and ensure the security of your transactions.

Object

These Specific Terms of Use (STU) aim to define the conditions and modalities in which Chargily Pay™ offers MERCHANTS the use of its online payment service. This service allows MERCHANTS to enable FINAL E-CONSUMERS to pay for their online purchases using CIB and EDAHABIA cards.

Definitions

In accordance with these specific terms of use, the following definitions are established:

ORDER

Refers to the means by which the MERCHANT commits to purchasing online services sold by the E-SUPPLIER , who in turn commits to delivering them in accordance with the applicable legislative and regulatory provisions.


ELECTRONIC PAYMENT RECEIPT:

An electronic document automatically displayed at the end of each order using EDAHABIA card and the CIB card; with the option to print or save a series of information related to the MERCHANT, FINAL  E-CONSUMER and the transaction details.


E-SUPPLIER:

Refers to the company CHARGILY EURL, which offers the electronic provision of the service defined in these Specific Terms of Use (STU).


E-CONSUMER / MERCHANT:

Any individual or legal entity that acquires a service through electronic communication from the E-SUPPLIER for final use.


FINAL E-CONSUMER:

Refers to an individual who purchases products or services through e-commerce platforms for personal use and not for resale. This term emphasizes that these transactions occur online via websites or mobile applications.


MERCHANT SITE:

Refers to the virtual store where the MERCHANT offers their products and services.


EDAHABIA CARD:

A payment card linked to a Postal Current Account, compliant with required standards, serving as an authorized payment method for conducting electronic transactions.


CIB CARD:

An interbank card that allows you to perform your daily transactions securely, 24 hours a day, 7 days a week.


SPECIFIC TERMS OF USE "STU"

A set of rules displayed on the E-SUPPLIER'S site governing the use of the electronic payment service .


ELECTRONIC PAYMENT:

A service that enables the holder of EDAHABIA card and the CIB card, in their capacity as a FINAL E-CONSUMERS, to carry out payment transactions for services/products on the MERCHANT'S site.

The terms of use for Chargily Pay™ service are the following:

1- MERCHANT using Chargily Pay™ platform must be over 18 years old.

2- MERCHANT using Chargily Pay™ platform must be either an individual or a legal entity:

  • Of Algerian nationality

  • Legally residing in Algeria

  • A legal entity subject to Algerian law or a contract must be concluded or executed in Algeria.

3- The MERCHANT'S site must be registered in the commercial register or in the register of trades and crafts.

4- If the site is not registered in the commercial register or in the register of trades and crafts, the website must allow the verification of the authenticity of the MERCHANT (identity, customer support, location, etc.).

5- The MERCHANT'S site must include sufficient information to verify it's authenticity, such as a valid contact number and email address.

6- It is strictly prohibited to use the platform of Chargily Pay™ to sell illegal products, including but not limited to:

  • Gambling, betting, and lotteries

  • Alcoholic beverages and tobacco

  • Pharmaceutical products

  • Products infringing on intellectual, industrial, or commercial property rights
  • Any goods or services prohibited by applicable legislation
  • Any goods or services requiring an official contract
  • Digital and foreign currencies (currency exchange service)
  • Products and services must comply with applicable laws and regulations, including provisions regarding the protection of copyright and trademarks.

7- Any electronic commercial transaction must be preceded by an electronic commercial offer.

8- The commercial offer must include the following information:

  • Nature, characteristics, and price of the products or services offered, all taxes included

  • Availability of the products or services

  • Terms, fees, and delivery times

  • Conditions for commercial warranty and after-sales service
  • Complete description of the various stages of executing the electronic transaction
  • Duration of the validity of the offer, if applicable
  • Delivery date and price of the ordered product, cancellation terms for the order in advance, if applicable.

9- Payouts & Payement Collection :

  • Chargily Pay™ is responsible for collecting payments of the MERCHANT.
  • Chargily Pay™ gets service fees based on the plan chosen by the MERCHANT.
  • Chargily Pay™ is required to retain MERCHANT'S last transactions in the hold balance for security and interbank processing reasons (for 48h).
  • Packages with an unlimited number of payouts, one payout per day can be made.

10- In case of a claim from the FINAL  E-CONSUMER to Chargily Pay™, the MERCHANT must provide all evidence justifying the sales process (transaction date, order details, etc.).

11- Chargily Pay™ reserves the right, in case of a claim from the FINAL  E-CONSUMER, to suspend the MERCHANT'S site until the investigation is complete.

12- Chargily Pay™ reserves the right to withhold the MERCHANT'S withdrawal amount until the investigation is complete and the problem is solved.

13- The payment receipt and transactions are denominated in DZD.

14- Any fraudulent use of the service by the MERCHANT will result in their liability by law.

Confidentiality

15- All data provided by the FINAL  E-CONSUMER is necessary for processing the order and must be treated confidentially.

16- This confidentiality can be lifted in case of fraud or at the request of judicial authorities.

Obligations of the E-Supplier

17- The E-SUPPLIER commits to making efforts to facilitate the access and usage of the electronic payment service for accepting payments via EDAHABIA and CIB cards.

Obligations of the Merchant

18- The MERCHANT that agrees to use the Chargily Pay™ electronic payment service responsibly has accepted these Specific Terms of Use (STU), along with the applicable laws and regulations.

Termination

19- In case of non-compliance with these specific terms of use, Chargily Pay™ reserves the right, without compensation or notice, to suspend or close the MERCHANT'S account and to deny them, in the future, without prejudice to various tort or contractual actions under common law.

Applicable Law

20- These specific terms are governed by Algerian law.

Modification

21- Chargily Pay™ reserves the right to change the pricing table at any time and must inform the MERCHANTS.

22- Chargily Pay™ can modify or update these terms at any time if necessary.

Entry into Force

23- These Specific Terms of Use (STU) come into effect upon acceptance by the MERCHANT or upon the use of the service and remain valid.


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