Conditions Générales d’Utilisation et Politique de Confidentialité
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 2,000,000 dirhams, registered with the Casablanca Trade Registry under Non. 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 Non. 112.871, located at Espace Perla, Lot Non. 22, La Colline, Sidi Maarouf, BP 20270 in Casablanca, Morocco, represented by its Général 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 Compte 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 Non. 15-95 forming the Commercial Code, who accepts payments through the Skypay Application.
« Payment Compte » refers to the unique payment account opened by a User in accordance with the terms outlined in a separate document entitled « Contrat Porteur M-wallet »
« 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 Non. 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 Compte.
« 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.
For the purposes of these Terms and Conditions, the following terms shall have the meaning ascribed to them below:
« Buyer »: refers to any User who uses the Confianceed Third-Party Service in order to purchase a good from another User.
« Seller »: refers to any User offering a good as part of the Confianceed Third-Party Service.
« Protected Sale »: refers to a transaction created by a Seller within the Skypay Application, for which the Buyer chooses to use the Confianceed Third-Party Service.
« Confianceed Third-Party Service » or « Service »: refers to the feature offered within the Skypay Application enabling the payment of a Protected Sale to be secured in accordance with the conditions set out in this Article 2 bis.
« Secured Amount »: refers to the amount paid by the Buyer for a Protected Sale, the release of which to the Seller is deferred until one of the conditions set out in this Article 2 bis is fulfilled.
« Scheduled Delivery Date »: refers to the date entered in the Protected Sale and communicated to the Buyer, from which the time limits for confirming receipt or reporting a problem are calculated.
« Claim » or « Dispute »: refers to any report made by the Buyer within the time limits and in accordance with the procedures set out in the Application, relating in particular to non-receipt of the good, its substantial non-conformity with the description of the Protected Sale, its defective or damaged condition, or any other reason offered in the Application.
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:
- Dépôt en espècess 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 Compte 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 Compte, 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 Compte 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 2 BIS: Confianceed Third-Party Service
2 bis.1 – Purpose and nature of the Service
The Confianceed Third-Party Service is an optional feature of the Skypay Application designed to
enhance the security of transactions concluded directly between Users.
The Service notably enables:
- the Seller to create a Protected Sale by providing the main characteristics of the good, its price and the Scheduled Delivery Date;
- Skypay to generate an identifier, code or link allowing the Buyer to access said Protected Sale;
- the Buyer to review the information provided by the Seller and choose to protect their purchase;
- the release to the Seller of the amount paid by the Buyer to be deferred until confirmation of receipt, expiry of the applicable time limits, or resolution of any Dispute in accordance with this article.
PIN Software acts in connection with this Service in its capacity as operator of the Skypay Application and principal payment agent of M2T.
The payment operations associated with the Service are carried out within the framework of the payment services provided by M2T, a payment institution licensed by Bank Al-Maghrib.
PIN Software never becomes the owner of the Secured Amount and does not use it for its own account.
The Confianceed Third-Party Service does not constitute a remunerated deposit or a savings product, and
no interest is owed to the Buyer or the Seller on account of the period during which the release of
the Secured Amount is deferred.
2 bis.2 – Relationship between the Buyer, the Seller and PIN Software
The sales contract relating to the good that is the subject of the Protected Sale is entered into
directly and exclusively between the Buyer and the Seller.
PIN Software:
- is neither the seller nor the buyer of the good;
- does not act as a commercial agent of the Seller or the Buyer for the purpose of concluding the sales contract;
- is not a carrier, freight forwarder, manufacturer, importer or distributor of the good;
- never takes possession of the good;
- does not carry out any prior physical inspection of the good;
- does not certify the origin, authenticity, condition, quality, value or ownership of the good;
- does not guarantee the solvency, good faith or performance of the contractual obligations of the Buyer or the Seller.
The Confianceed Third-Party Service is exclusively a mechanism designed to organize and secure payment in accordance with the conditions set out herein.
It is therefore each User’s responsibility to carry out, prior to the transaction, any checks they deem necessary regarding their counterparty and the good concerned.
2 bis.3 – Creation of the Protected Sale
The Seller creates a Protected Sale by entering the information requested in the Application, which
may include in particular:
- a photograph of the good;
- its title;
- its description;
- its price;
- the Scheduled Delivery Date;
- as well as any other information required by the Application.
The Seller guarantees that all information provided is accurate, truthful, complete and not misleading.
In particular, the Seller guarantees:
- that they hold the right to sell and dispose of the good;
- that the good exists and matches the description and photographs provided;
- that its sale, possession, transport and delivery are authorized under applicable law;
- that the good does not infringe the rights of a third party, in particular intellectual property rights;
- that the good is not a counterfeit, stolen, fraudulent or unlawfully obtained product.
PIN Software may, at any time, request the Seller to provide any additional information or supporting documents necessary to review a Protected Sale.
2 bis.4 – Prohibited goods and transactions
The Confianceed Third-Party Service may not be used for an operation prohibited by applicable legislation or regulations, or that presents a legal, regulatory, financial, reputational or fraud risk deemed excessive by PIN Software or M2T.
In particular, transactions involving illicit, stolen, counterfeit, dangerous or regulated goods may be refused, suspended or cancelled, as may transactions that may constitute fraud, money laundering, terrorist financing, or the circumvention of a legal or regulatory obligation.
PIN Software may establish and amend a list of categories of goods or transactions excluded from the Service.
Unless expressly stated otherwise in the Application, the Service is intended for transactions involving tangible movable property.
2 bis.5 – Purchase protection and securing of the amount
After accessing the Protected Sale, the Buyer must verify the information provided by the Seller before confirming their purchase.
By clicking the button to protect the purchase and after validating the payment transaction in accordance with the applicable security mechanisms, the Buyer:
- confirms having reviewed the information in the Protected Sale;
- accepts these terms;
- authorizes the execution of the corresponding payment transaction;
- accepts that the release of the Secured Amount to the Seller is conditional upon the rules set out in this article.
Once the purchase is protected, the Protected Sale can no longer be unilaterally cancelled by the Buyer or the Seller, except in cases expressly provided for herein, under applicable law, or with PIN Software’s agreement as part of the handling of a Dispute.
Before the purchase is protected by the Buyer, the Seller may cancel the Protected Sale in accordance with the procedures offered in the Application.
Any Protected Sale not paid for within the indicated time limit may expire automatically.
2 bis.6 – Shipping and delivery
After confirmation that the payment has been secured in the Application, it is the Seller’s responsibility to hand over or ship the good in accordance with the commitments made to the Buyer.
The Seller remains solely responsible for:
- the packaging of the good;
- its shipping;
- the choice of carrier;
- the delivery information provided;
- compliance with the Scheduled Delivery Date;
- and, more generally, the performance of its obligations arising from the sales contract.
The Seller is strongly encouraged to keep all evidence establishing the handover or shipment of the good.
In the event of a review or Dispute, PIN Software may in particular request the provision of a shipping or delivery slip, a tracking number, an invoice, photographs, exchanges between the parties, or any other useful element.
The absence of sufficient supporting evidence may be taken into account when reviewing a Dispute.
2 bis.7 – Confirmation of receipt by the Buyer
From the Scheduled Delivery Date indicated in the Protected Sale, the Buyer has a period of forty-eight (48) hours within which to:
- confirm successful receipt of the good; or
- report a problem using the functionality provided for this purpose in the Application.
When the Buyer confirms successful receipt of the good, they authorize the release of the Secured Amount to the Seller.
This confirmation is final for the purposes of the Confianceed Third-Party Service and normally can no longer give rise to the opening of a Dispute under the Service.
It is, however, without prejudice to any rights the Buyer may have directly against the Seller under mandatory legal provisions.
In the absence of confirmation or of a problem report within the aforementioned forty-eight (48) hour period, the Buyer is deemed not to have raised any objection under the Confianceed Third-Party Service, and the Secured Amount may be released to the Seller.
2 bis.8 – Opening a Dispute
To benefit from the Dispute-handling mechanism provided by the Service, the Buyer must submit their report exclusively through the functionality provided in the Application and within the applicable time limit.
The report must be sufficiently precise and state the grounds for the objection.
PIN Software may request the Buyer to provide any useful evidence, in particular photographs, videos, exchanges with the Seller, documents, proof of delivery, or any other element allowing an assessment of the situation.
The opening of a Dispute results in the suspension of the release of the Secured Amount to the Seller until the Dispute has been handled.
A report may not be used abusively for the sole purpose of delaying or preventing payment to a Seller.
2 bis.9 – Seller’s response
When a Dispute is opened, the Seller is informed via the Application or by any other means of communication used by PIN Software.
The Seller has a period of forty-eight (48) hours to submit their observations and provide the requested supporting documents.
In the absence of a response within this time limit, PIN Software may handle the case based solely on the information available to it.
The absence of a response, or the absence of the requested supporting documents, may be taken into account to the Seller’s detriment and may, in particular, lead to a full or partial refund to the Buyer where the available evidence justifies it.
2 bis.10 – Handling of the Dispute by PIN Software
By using the Confianceed Third-Party Service, the Buyer and the Seller expressly agree that PIN Software may review the available evidence in order to determine the operational treatment of the Secured Amount.
In this context, PIN Software may in particular take into consideration:
- the information contained in the Protected Sale;
- the photographs and documents provided;
- the shipping or delivery evidence;
- the exchanges between the Buyer and the Seller;
- information that may be obtained from a carrier or service provider;
- the behaviour and history of Users on Skypay;
- the absence of a response from either party;
- any inconsistencies identified;
- as well as any other reasonably relevant element.
PIN Software may also request additional information or supporting documents and set a time limit for their submission.
Depending on the available evidence, PIN Software may in particular decide:
- to release all or part of the Secured Amount to the Seller;
- to fully refund the Buyer;
- to partially refund the Buyer and release the balance to the Seller;
- to temporarily maintain the freezing of funds where further checks are necessary or where required by a legal or regulatory obligation.
Where PIN Software proposes a partial refund solution requiring the parties’ agreement, the terms of acceptance will be set out in the Application.
The parties acknowledge that the review carried out by PIN Software is based on reasonably available information and does not constitute either a judicial expert assessment or a court decision.
The decision made by PIN Software is final for the purposes of the operational execution of the Service, subject to manifest error, fraud subsequently uncovered, a legal or regulatory obligation, or a decision by a competent authority.
It does not deprive either party of their right to bring proceedings before the competent jurisdiction against their counterparty, or to assert the rights they hold under applicable law.
2 bis.11 – No warranty regarding the good or the sale
The Confianceed Third-Party Service relates to securing the payment and does not constitute a commercial warranty regarding the good.
PIN Software does not, in particular, guarantee:
- the existence or ownership of the good;
- its authenticity;
- its quality;
- its condition;
- its value;
- its suitability for the Buyer’s intended use;
- its compliance with any specific regulation;
- its delivery within a set time limit;
- nor the proper performance of the sales contract by the Buyer or the Seller.
Responsibility relating to the good, its description, its conformity, its shipment, its delivery, and any applicable legal or contractual warranties rests with the Seller, in accordance with applicable law and the contract entered into between the Seller and the Buyer.
2 bis.12 – Limitation of PIN Software’s liability
Subject to the mandatory provisions of applicable law, PIN Software may not be held liable for the consequences resulting directly or indirectly from:
- false, inaccurate or incomplete information provided by a User;
- fraud or attempted fraud committed by a User or a third party;
- non-performance or improper performance of the sales contract by the Buyer or the Seller;
- the loss, destruction, deterioration or delay of a good during transport;
- a defect, flaw, non-conformity or counterfeiting affecting the good;
- use of the Service in breach of these Terms and Conditions;
- or any external event reasonably beyond PIN Software’s control.
No provision herein is intended, or has the effect, of excluding liability that cannot lawfully be excluded or limited.
2 bis.13 – Fraud, abuse and protective measures
PIN Software and, where applicable, M2T may carry out any verification they deem necessary in order to prevent fraud, money laundering, terrorist financing, misuse of the Service, or any breach of these Terms and Conditions.
To this end, PIN Software may in particular:
- request any additional document or information;
- suspend a Protected Sale;
- temporarily delay the release of an amount;
- refuse, interrupt or cancel a transaction where it has not yet been finally executed;
- restrict a User’s access to the Confianceed Third-Party Service;
- suspend or block an Compte under the conditions provided for by the applicable regulations
and contractual documents;
- or disclose information to the competent authorities where required or permitted by law.
Abusive uses of the Service include, in particular: creating fictitious transactions, collusion between Users, falsification of supporting documents, false declarations of non-receipt, repeated or manifestly unfounded use of the Dispute mechanism, or any attempt to divert the Service from its intended purpose.
2 bis.14 – Release of funds to the Seller
Once the conditions permitting release of the payment are met, the transaction moves to “paid to Seller” status.
The actual release of the amount normally occurs within an indicative period of twenty-four (24) to forty-eight (48) hours, subject in particular to:
- applicable regulatory or security checks;
- the absence of any suspension or restriction affecting the Compte concerned;
- the availability of the payment systems;
- and any event beyond PIN Software’s reasonable control.
2 bis.15 – Data and evidence
For the purposes of operating the Service, preventing fraud, and handling Disputes, PIN Software may collect and retain the information and documents provided by the Buyer and the Seller, including descriptions, photographs, shipping or delivery evidence, exchanges, and other supporting evidence.
To the extent necessary for handling a case, some of this information may be communicated to the other party to the Protected Sale, to M2T, to service providers involved in operating the Service, to PIN Software’s advisers, and to the competent administrative or judicial authorities in accordance with applicable law.
Each User guarantees that they hold the rights necessary to provide PIN Software with the documents, photographs and information they transmit.
2 bis.16 – Acceptance of the specific terms
Use of the Confianceed Third-Party Service implies express acceptance of these provisions.
The Seller confirms their acceptance when creating or validating a Protected Sale.
The Buyer confirms their acceptance before protecting and paying for their purchase.
PIN Software may retain any electronic record enabling it to establish this acceptance, including the date and time of acceptance, the User’s identifier, the version of the terms accepted, and information relating to the Protected Sale.
These provisions supplement the other stipulations of the Terms and Conditions, of the M-Wallet Cardholder Agreement, and, where applicable, of the Convention d’ouverture de compte de paiement, which remain fully applicable.
In the event of a contradiction specifically concerning the operation of the Confianceed Third-Party Service, these specific provisions shall prevail, subject to the mandatory provisions of applicable law and the rules applicable to payment services.
2 bis.17 – Frais and pricing of the Confianceed Third-Party Service
Use of the Confianceed Third-Party Service may give rise to service fees charged by PIN Software.
The amount, rate, calculation method and, where applicable, the applicable taxes are brought to the User’s attention in the Skypay Application before the final confirmation of the Protected Sale and/or of the payment transaction concerned.
The User is thus informed of the cost applicable to the transaction before giving their final consent.
Unless otherwise stated in the Application, the fees applicable to the Confianceed Third-Party Service are payable in respect of the provision and use of the Service.
PIN Software reserves the right to determine and to modify, at any time, the pricing of the Confianceed Third-Party Service, in particular its commission rate, its minimum or maximum amount, its calculation method, the party to whom the fees are charged, as well as to introduce differentiated pricing, promotional offers or temporary free periods.
Any change in pricing applies only to new transactions or Protected Sales initiated after the new pricing takes effect, unless otherwise provided by law or regulation.
The pricing applicable to a Protected Sale that has already been confirmed cannot be modified retroactively.
The rate displayed to the User at the time they finally confirm the transaction constitutes
the rate applicable to that transaction.
PIN Software may in particular apply different pricing depending on:
- the amount of the transaction;
- the category or type of transaction;
- the User’s profile or category;
- the channel used;
- a commercial or promotional offer;
- a specific partnership;
- or any other objective criterion defined by PIN Software.
Certain fees relating to services distinct from the Confianceed Third-Party Service, in particular any fees relating to the Payment Compte, withdrawals, transfers or other payment services, may continue to apply in accordance with the corresponding pricing terms.
Unless expressly stated otherwise in the Application, fees relating to the Confianceed Third-Party Service remunerate the provision and use of the Service and do not constitute an insurance premium, a guarantee of successful completion of the sale, or a warranty relating to the good that is the subject of the transaction.
In the event of a full or partial refund of a Protected Sale, any service fees charged are treated in accordance with the terms displayed to the User at the time of the transaction and the rules applicable in the Application.
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: Sécurité 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 Compte 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 Compte, 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 Compte. The User must provide reasons for the blocking request. Failure to notify will render the User responsible for all Transactions occurring until their Payment Compte 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 Compte 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 Comptes. 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 Compte, 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 Comptes, 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 Mentions légales Compliance: We use the Collected Data to prevent, detect, and investigate fraud, and to comply with applicable laws and regulations.
- Claims, Disputes, and Mentions légales 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:
- Mentions légales 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 Sécurité: 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.
- Mentions légales 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 Sécurité 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 Non. 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 Non. 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 Compte, 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 Compte and the execution of these Terms and Conditions; and
- About all the rights conferred upon them by Law Non. 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: Contact
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