شروط الاستخدام العامة وسياسة الخصوصية
Last updated: August 19, 2024
The User is required to carefully read these terms and conditions before using the Skypay Application.
Preamble:
The purpose of these general terms of use (hereinafter referred to as the “Terms of Use” or “ToU”) is to define the rules for using the mobile application “Skypay” (hereinafter referred to as the “Skypay Application” or “Application“), published by PIN Software SARL, with a share capital of 10,000 dirhams, registered with the Casablanca Trade Registry under No. 468.103, with its registered office located at 231 Boulevard Bir Anzarane, Maarif District, Casablanca, Morocco, represented by its Manager (hereinafter referred to as “PIN Software“).
The Skypay Application allows the use of payment services (hereinafter referred to as “Services” or “Skypay Services“) offered by PIN Software, in its capacity as the principal payment agent, duly authorized by the payment institution, Maroc Traitement de Transactions, with a share capital of 51,497,000 dirhams, registered with the Casablanca Trade Registry under No. 112.871, located at Espace Perla, Lot No. 22, La Colline, Sidi Maarouf, BP 20270 in Casablanca, Morocco, represented by its عام Manager (hereinafter referred to as “M2T“).
These Terms of Use constitute the contract binding any individual (hereinafter referred to as “User” or “You“) visiting the Skypay Application to PIN Software.
Access to and use of the Skypay Application imply full acceptance of these Terms by the Users. They are available for consultation and download at any time from the Skypay Application.
The Terms of Use come into effect upon confirmation by the User (checkbox to accept the ToU on the Skypay Application) during the installation of the Application on their device and/or their access to the Skypay Application. In other words, by installing the Skypay Application on your device and checking the acceptance box, you unconditionally accept all the ToU defined below. If you do not wish to accept these ToU, we kindly ask you not to access the Skypay Application. Any use of the Skypay Application must comply with these ToU.
These Terms of Use shall prevail over any other conditions appearing in any document, unless a prior, express, and written derogation is made.
If one or more provisions of these Terms of Use are declared null, invalid, or ineffective for any reason, the other provisions shall still retain their full effect and remain valid.
Finally, any reference to a legal or regulatory provision stipulated in these Terms of Use shall be applied as it may be amended or replaced.
ARTICLE 1: Definitions
The terms used in these Terms of Use, including in the preamble, when employed with an uppercase initial letter, have the following meanings, regardless of whether they are used in the singular or plural. Unless otherwise stipulated, they shall have the meanings indicated below:
« Skypay Application » refers to the application developed by PIN Software, allowing the User to access the Skypay Services. The Skypay Application is available for free in Apple’s App Store and Google’s Play Store for the User to download on their Apple iOS and Android devices. The Application also includes content, software, programs, tools (for programming, browsing, etc.), databases, operating systems, documentation, and all other elements and services that make it up, as well as updates and new versions that may be provided by PIN Software.
« Beneficiary» refers to the recipient of any Transaction initiated by any User holding a Payment الحساب through Skypay Services, including the Merchant.
« ToU » or « Terms of Use » refers to these general terms of use, the preamble, its appendices, as well as any amendments that PIN Software may make in the future, all constituting the ToU.
« Content » refers to, but is not limited to, the structure of the Application, editorial content, designs, illustrations, images, photographs, graphic charts, trademarks, logos, abbreviations, business names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other elements comprising the Application.
« Secret Code » refers to the personalized security mechanism in the form of a unique four (4) digit numerical code, chosen by the User when subscribing to the Skypay Services, which must be entered by the User each time they are instructed to use the the Skypay Services.
« Merchant » refers to a merchant, as defined by Law No. 15-95 forming the Commercial Code, who accepts payments through the Skypay Application.
« Payment الحساب » refers to the unique payment account opened by a User in accordance with the terms outlined in a separate document entitled « عقد حامل المحفظة الإلكترونية »
« M2T » refers to Maroc Traitement de Transactions, a company regulated by Bank Al Maghrib as a payment institution, by decision of the Wali of Bank Al Maghrib under No. 74, dated May 4, 2018.
« Parties » refers collectively to PIN Software and the User.
« Services » or « Skypay Services » refers to all the services and features offered by the Skypay Application.
« Transaction » refers to all operations (deposit, withdrawal, payment operation, money transfer, or others) carried out using the Skypay Services and the Payment الحساب.
« User » or « You » refers to any individual, resident or non-resident in Morocco, whether an adult or a minor who has previously obtained permission from their parents or the person holding parental authority, who has downloaded the Skypay Application for their personal needs, within the framework of strictly personal use.
ARTICLE 2: Purpose of the Skypay Application
The primary purpose of the Skypay Application is to facilitate Users’ access to a range of payment services (hereinafter referred to as “Skypay Services”), which shall encompass, but not be limited to, the following functionalities:
- إيداع نقديs and Withdrawals: Provision for Users to execute secure deposits and withdrawals of cash in accordance with applicable regulations.
- Payments at Merchants: Enabling Users to effectuate payments for goods and services at designated merchants in a secure and efficient manner.
- Fund Transfers: Permitting Users to transfer funds to any designated individual or another Payment الحساب through the functionalities provided by the Skypay Application.
- Inter-Institution Transfers: Allowing Users to transfer funds to any designated individual’s payment account at another payment institution via the Skypay Application.
- Bank Transfers: Facilitating the transfer of funds to a specified bank account utilizing the Beneficiary’s bank account details through the Skypay Application.
- Receiving Funds: Enabling Users to receive funds from their Payment الحساب, from the payment account of another payment institution, or from a bank account, subject to compliance with relevant laws and regulations.
- Access to Transaction History: Granting Users the ability to review their balance and the history of transactions recorded on their Payment الحساب at any time and without charge. The balance and transaction history shall be updated in real-time and instantaneously within the Skypay Application, ensuring accuracy and transparency.
This outline of the purposes of the Skypay Application is intended to provide Users with a comprehensive understanding of the functionalities available, and all services shall be conducted in compliance with applicable laws and regulations governing financial transactions.
ARTICLE 3: Modification
Any legislative or regulatory measure that results in the modification of all or part of the Terms of Use will be applicable as soon as it comes into effect.
Furthermore, these Terms of Use may be subject to substantial modifications, notably to better meet the satisfaction of Users and/or the technical developments of the Application and/or its operation. Such modifications will be communicated to Users by any means or information medium, at least two (2) weeks prior to their coming into effect.
Users are encouraged to periodically consult the Terms of Use to stay informed about updates. Users are deemed to have been informed, to have agreed, and to have accepted the modifications made to the revised Terms of Use by continuing to use the Skypay Application after the publication date of the revised Terms of Use.
ARTICLE 4: Duration and Entry into Force
These Terms of Use are concluded for an indefinite duration. They come into effect from the date the User accesses the Skypay Application and accepts these Terms of Use.
ARTICLE 5: Availability of the Skypay Application
The Skypay Application is available 24 hours a day, 7 days a week, 365 days a year. PIN Software will make its best efforts to ensure the continuity of Skypay Services. However, PIN Software shall not be held liable to the User in the event of malfunction, error, or interruption of Skypay Services, as long as the necessary measures have been taken to address these issues.
The User acknowledges that access to the Application may occasionally be restricted to allow for error correction, maintenance, or the introduction of new features. It is reminded that PIN Software will inform the User promptly via SMS in the event of a failure or unavailability of the Skypay Application.
It is the User’s responsibility to verify, at their own risk, the compatibility of their mobile device with the Skypay Application and to have installed all necessary updates for the proper functioning of the Skypay Application.
PIN Software cannot guarantee the operation of the Skypay Application on all existing devices used to host the Skypay Application. Consequently, PIN Software disclaims any liability in the event of a dispute between the User and the hardware provider, as well as in cases of problems related to the use of fixed or wireless telecommunications networks and their service providers.
ARTICLE 6: Ownership of the Skypay Application
The Skypay Application is a payment platform designed to provide a simplified and secure management of the User’s Transactions. With its intuitive interface, the Skypay Application allows Users to make payments, withdrawals, and transfers efficiently. The Skypay Application is available on multiple devices.
The Content of the Skypay Application, including the overall structure of the Application as well as the texts, graphics, images, sounds, videos, logos, and trademarks it contains, is the exclusive property of PIN Software and constitutes, individually and collectively, a work protected by intellectual and industrial property rights.
Any representation and/or reproduction and/or total or partial exploitation and/or total or partial download of the content and services offered, by any means whatsoever, without the prior written permission of PIN Software is strictly prohibited and may constitute an infringement under the regulations in force in the Kingdom of Morocco.
Any violation of this article may be subject to criminal and civil sanctions, particularly in relation to copyright infringement and/or violation of intellectual and industrial property rights, potentially resulting in the payment of damages.
ARTICLE 7: Right to Use the Skypay Application
PIN Software hereby grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, and gratuitous license to use the Application and its Content solely for the User’s own needs in accordance with these Terms and Conditions. This license excludes any other purpose not expressly permitted herein.
This license does not confer any ownership or usage rights to the User over the Content. The User is expressly prohibited from:
- Adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding, or engaging in reverse engineering of any part of the Application, Services, or Content;
- Creating derivative works based on the licensed Application;
- Utilizing software or processes designed to copy the Content;
- Exporting the Application or merging any part of it with other software programs;
- Permanently or temporarily reproducing the Application, in whole or in part, by any means and in any form;
- Extracting or reusing, whether for private purposes or otherwise, any substantial or non-substantial part of the databases or archives created by the Application;
- Implementing systems designed to hack, breach, or circumvent the Application and/or Content, in whole or in part, or otherwise violating the terms of this User Agreement.
Any violation of these prohibitions may result in legal action and the User may be held liable for damages. The terms of this provision shall govern any updates provided by PIN Software that replace and/or supplement the original Application, unless such updates are accompanied by a separate provision, in which case the terms of that provision shall prevail.
ARTICLE 8: الحماية and Privacy
The Application is provided “as is” and without any warranties, express or implied. Access to and use of the Application are undertaken at the User’s own risk
8.1 User Risks
To ensure the confidentiality of access to Skypay Services, the identification procedure relies on the composition of the Secret Code. The validation of each Transaction must be confirmed by entering a One-Time Password (OTP) sent via SMS by M2T. The confirmation of a Transaction through this OTP irrevocably releases PIN Software from any liability.
The User is solely responsible for maintaining the confidentiality of their Secret Code and for all Transactions conducted on their Payment الحساب that involve the use of their Secret Code. It is recommended that the User does not disclose the Secret Code to third parties; it must be kept confidential and must not be recorded on any document. The User should take all necessary precautions to safeguard the confidentiality of access to their mobile phone. The User must ensure that the Secret Code is always entered out of sight of any individual. Failure to adhere to these guidelines irrevocably releases PIN Software from any liability in the event of fraudulent use of the Secret Code.
PIN Software shall not be held liable to the User for any errors, omissions, interruptions, or delays in operations resulting from unauthorized access to the Skypay Application and its Services.
Should the User become aware of the loss or theft of the mobile phone associated with the Skypay Application and Payment الحساب, the diversion, or any unauthorized use of their security data, fraudulent use, or diversion of the Skypay Services, the User must immediately notify PIN Software’s customer service and request the blocking of their Payment الحساب. The User must provide reasons for the blocking request. Failure to notify will render the User responsible for all Transactions occurring until their Payment الحساب is blocked.
This request must be submitted via email, accompanied by the User’s phone number and a copy of their identification document, to the email address support@skypay.ma. The User may also request an emergency block by phone at 05 21 115 116. The User’s request will be addressed within a maximum of 24 hours on business days by PIN Software.
Only the User (or their legal representative, demonstrating their authority) may initiate this request.
Furthermore, it is the User’s responsibility to take all appropriate measures to protect their own data and/or software stored on their devices (mobile and computer) against any threats, including but not limited to, malfunctions, viruses, hacking, etc.
8.2 Risks Associated with the Internet Network
The technical performance of mobile Internet requires processing time necessary to respond to, consult, query, or transfer Services.
The User acknowledges and accepts the limitations and challenges associated with the Internet network for which PIN Software cannot be held liable, including but not limited to the following:
- The characteristics and limitations of the Internet network, particularly the functional characteristics and technical performance of the Internet.
- Issues related to connectivity and/or access to the Internet and/or websites.
- Problems associated with the availability and congestion of networks.
- Issues stemming from network failures or saturation.
- Delays related to transit time, access to online information, and response times for displaying, consulting, querying, or otherwise transferring data.
- Risks of interruption.
- Lack of protection for certain data against potential misappropriation or hacking.
- Risks of contamination by viruses circulating on such networks.
By utilizing the Skypay Application and its Services, the User acknowledges these risks and accepts the inherent limitations associated with Internet use.
ARTICLE 9: Limitation of Liability
PIN Software disclaims any and all liability, in any manner whatsoever, for losses resulting from the User’s improper handling of the mobile device hosting the Skypay Application, any malfunction of said device, as well as any issues with the Payment الحساب or delays in mobile network performance resulting from events beyond the control of PIN Software, including but not limited to hardware failures or interruptions of the Skypay Services caused by fortuitous circumstances or force majeure. This list is provided for illustrative purposes and is not exhaustive.
By using the Skypay Application and its Services, the User agrees to these limitations of liability and acknowledges that PIN Software shall not be held responsible for any direct, indirect, incidental, or consequential damages arising from such issues.
ARTICLE 10: Privacy Policy and Use of Collected Data
10.1. Type of Data Collected
We may collect information about you in various ways. The data we may collect through the Skypay Application may consist of personal and non-personal data and depends on the content and features you utilize (the “Collected Data”), including:
- User-Supplied Collected Data
We gather various data when Users create or update their Payment الحسابs. This information includes, but is not limited to, the User’s name, email address, phone number, password, home address, and payment or banking information. Furthermore, in order to verify the identity of Users in accordance with legal provisions, PIN Software also collects official identification documents such as electronic national identity cards (CNIE) and passports, which may include document numbers, date of birth, gender, photographs, and home addresses. Additionally, PIN Software collects data submitted by Users when they contact PIN Software’s customer service in order to address requests, process complaints, and, if necessary, forward this information to regulatory authorities. This may include feedback or other information provided by Users in connection with customer service. Moreover, PIN Software may record telephone calls made to its technical support teams.
- Automatically Collected Data
We collect information about transactions related to the use of our Services, including the type of Services requested or provided, details of the Transaction, the names of the parties involved in the Transaction, and payment information such as location, date, time, and amount. We also collect, in the context of operations initiated by Users holding a Payment الحساب, personal data of Beneficiaries to ensure the provision of Skypay Services. The User shall be responsible to PIN Software for any processing of personal data of the Beneficiary in connection with operations initiated by the User under the Skypay Services. In this regard, the liability of PIN Software shall not be invoked, nor shall PIN Software be held accountable for any claims made by the Beneficiary.
We also collect browsing data, including how Users interact with our Services, such as access dates and times, time spent on the Application, features of the Skypay Application used, type of browser, pages viewed, outages, and other system activities. Additionally, we collect data about the devices used to access our Services, such as hardware models, the device’s Internet Protocol (IP) address or other unique identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device movement data, and mobile network data.
We do not collect precise or approximate location information from Users.
10.2. Use of Collected Data
We are committed to using the Collected Data in a transparent and responsible manner for the following purposes:
- Provision and Maintenance of Services: The Collected Data is used to provide, personalize, and maintain our Skypay Services. This includes the creation and updating of Users’ Payment الحسابs, processing payments and transactions, troubleshooting software bugs and operational issues, as well as executing other operations essential to the proper functioning of our Skypay Services.
- Research and Development: We may use the Collected Data for internal testing, research, analysis, product development, and machine learning initiatives. These activities aim to enhance and optimize the user experience.
- User Support: The Collected Data, including call recordings, is used to provide user support. This includes investigating and addressing User concerns, as well as monitoring and improving our support processes and responses.
- Marketing Communications: We may use the Collected Data to promote our Services and those of our partners to Users. This includes sending communications about Services, features, promotions, studies, surveys, news, updates, and events via various channels such as emails, text messages, push notifications, in-app communications and advertisements, as well as advertisements on third-party platforms. We do not sell the Collected Data to third parties for their direct marketing without the Users’ consent.
- Transactional Communications: The Collected Data is used to generate and provide receipts, inform Users of changes to our Terms and Conditions, Services, or policies, and send other communications necessary for the effective delivery of Services.
- Fraud Prevention and الشؤون القانونية Compliance: We use the Collected Data to prevent, detect, and investigate fraud, and to comply with applicable laws and regulations.
- Claims, Disputes, and الشؤون القانونية Proceedings: The Collected Data may be used to investigate or address claims or disputes related to the use of our Services, including in the context of legal proceedings.
10.3. Access by Third Parties to Collected Data
We are committed to preserving the confidentiality of your Collected Data and will not disclose or transfer it to third parties without your explicit consent. However, certain circumstances may warrant the communication of this data:
- الشؤون القانونية Obligations: We may be required to disclose your personal information to comply with legal obligations and applicable laws. These obligations are specifically outlined in the Terms and Conditions.
- Protection of Rights and الحماية: In the presence of legitimate grounds, disclosure may be necessary to ensure your safety or that of others, investigate potential fraud, or respond to requests from government entities.
- Business Partners and Service Providers: We share personal information, including usage and device data, with providers, consultants, and other service providers or business partners engaged to perform certain tasks on our behalf. This includes identity verification services (such as ID scanning and facial recognition operations), cloud storage providers, software and cybersecurity providers, as well as insurance and financing partners, and professional services (consultants, attorneys, accountants).
- Affiliates and Subsidiaries: To optimize the provision of our Services and data processing, we may share personal information with our affiliates and subsidiaries.
- الشؤون القانونية and Government Authorities: Your Collected Data may be disclosed to competent judicial or government authorities, provided that an appropriate legal mandate has been received and in accordance with applicable law.
- Judicial System: In the event of a dispute, claim, or to enforce the Terms and Conditions, we may share Collected Data with attorneys, the judicial system, and other relevant parties to protect the rights or property of our business or those of third parties.
Any other disclosure of your Collected Data not covered by this provision will be subject to prior notification, and your consent will be required.
When personal data is transferred to third parties, in accordance with the provisions of this article, we require them to implement necessary measures to protect your information and respect your rights in accordance with this provision and applicable laws.
10.4. Data الحماية of Collected Information
At PIN Software, the security and privacy of your Collected Data are our top priorities. We have implemented robust, multi-layered protective measures, including physical, electronic, managerial, and procedural safeguards, to ensure the security of the data we collect, process, and retain. Access to this data is strictly limited to employees who have a legitimate operational need to access it, specifically for the purposes of operating, developing, maintaining, or improving our Services.
We implement appropriate security measures to prevent any loss, disclosure, or unauthorized use of personal data. Employees, contractors, and any individuals with access to this data are required to adhere to strict confidentiality obligations and may only process the data in accordance with our instructions.
Despite our ongoing efforts to maintain a high level of security, it is important to acknowledge that no security system can completely eliminate all risks of breach. Therefore, we have established rigorous procedures to manage any suspicion of personal data breaches. In the event of a confirmed breach, we are committed to promptly informing the affected Users as well as the relevant regulatory authorities, in compliance with legal requirements.
10.5. Your Rights
At PIN Software, we respect and protect our Users’ rights regarding personal data. You have several rights under Law No. 09-08 on the Protection of Personal Data, including but not limited to the following:
- Right of Access and Rectification: You have the right to request access to your personal data that we hold, as well as to request the correction of any inaccurate, incomplete, ambiguous, or outdated information.
- Right to Object and Limit Processing: You have the right to object, for legitimate reasons, to the processing of your personal data unless such processing is necessary to comply with a legal or contractual obligation, or to request a limitation of its processing under certain circumstances.
- Right to Erasure (Right to be Forgotten): You may request the deletion of your personal data from our systems if it is inaccurate, incomplete, ambiguous, or outdated. This request will be honored unless legal or regulatory obligations require us to retain certain information, including for fraud prevention or in the event of ongoing litigation or claims.
- Right to Lodge a Complaint: You may file a complaint with the CNDP (National Commission for the Protection of Personal Data) if you believe your request has not been satisfied or if you think the processing of your data infringes the aforementioned Law No. 09-08.
- Right to Withdraw Consent: If you have consented to the collection and processing of your personal data, you may withdraw that consent at any time without affecting the legality of the processing based on consent before its withdrawal.
- Right to Unsubscribe: You may unsubscribe from our marketing communications, emails, and newsletters at any time, as applicable.
To exercise these rights, please contact us at: support@skypay.ma. We are committed to processing your requests as promptly as possible and in accordance with legal requirements.
In the event of a request to close a User’s Payment الحساب, PIN Software will delete your account and the associated data, unless their retention is required by legal or regulatory obligations, for fraud prevention purposes, or in the case of an issue related to your account, such as an ongoing credit, an unresolved claim, or a dispute.
PIN Software retains Users’ personal data for as long as necessary for the purposes described above. The retention period varies depending on the type of data, the category of User it pertains to, and the purposes for which it was collected.
10.6. User Consent
The User expressly acknowledges and unreservedly accepts all the points mentioned above and attests to being fully informed through these terms:
- About the purposes for which the processing of their Collected Data is intended, notably for the management of their Payment الحساب and the execution of these Terms and Conditions; and
- About all the rights conferred upon them by Law No. 09-08 on the Protection of Personal Data, particularly the rights of access, rectification, and objection. To exercise these rights, the User must send an email to support@skypay.ma or a written letter with acknowledgment of receipt to the customer service of PIN Software at the following address: 231, Boulevard Bir Anzarane, Quartier Maarif, Casablanca, Morocco, mentioning “Personal Data Skypay” in the subject line.
The User expressly and unreservedly gives their free, specific, and informed consent for the mentioned processing, including receiving direct communications via automated calling systems, fax, email, or any other means utilizing similar technology, in order to be informed about other offers of products and services similar to Skypay Services.
The User is informed that their conversation with PIN Software’s customer service may be recorded and analyzed to improve the quality of service provided and/or for the purpose of proving the User’s agreement to an offer or service. They expressly and unreservedly consent to their voice and responses being recorded as part of the conversation.
ARTICLE 11: Termination
PIN Software may decide to discontinue the availability of the Skypay Application at any time, provided that a notice period of one (1) month is observed. Notification of the discontinuation will be communicated via email, SMS, or by displaying a message on the screen of the Application.
PIN Software is not required to provide justification for its decision to terminate the availability of the Application. As the Application is provided free of charge, this decision shall not entitle Users to any compensation or reimbursement.
Upon any termination, the rights granted to You will cease, and You must discontinue all use of the Skypay Application.
ARTICLE 12: Complaint Handling
For any inquiries or complaints regarding these Terms and Conditions, the User is invited to contact the support service of PIN Software via email at support@skypay.ma or by phone at 05 21 115 116.
PIN Software has established a system to ensure the traceability of received and processed complaints.
ARTICLE 13: Governing Law – Dispute Resolution
These Terms and Conditions are governed by the laws in force in the Kingdom of Morocco.
In the event of a dispute, the Parties agree to seek an amicable resolution within one (1) month from the date of notification of the dispute by one Party to the other. The User is encouraged to contact the customer service of PIN Software via email at support@skypay.ma or by phone at the following number: 05 21 115 116.
Failing an amicable agreement, any dispute or disagreement arising or to arise between the parties concerning the interpretation, execution, or termination of these Terms and Conditions shall be submitted to the competent court of Casablanca.
ARTICLE 14: Translation and Interpretation
In the event of a discrepancy between the various translations of these Terms and Conditions, the French version shall prevail. All interpretations and resolutions of disputes will be based on the French version of these Terms and Conditions.
ARTICLE 15: Agreement
By installing the Skypay Application on your device and checking the acceptance box, you unconditionally and without reservation agree to the entirety of the Terms and Conditions defined herein. The User also confirms that they are able to print or download a copy of these Terms and Conditions.
ARTICLE 16: وسائل الاتصال
For any questions regarding these Terms and Conditions, the User may contact PIN Software:
- By email at: support@skypay.ma
- By phone at: 05 21 115 116
- By visiting the following website: https://www.skypay.ma