Last revised on September 6th, 2024
Effective from September 6th, 2024, STE ENTREPRISE MARCHE OUVERT SARL AU, with registration number 29533 (hereinafter referred to as the "Company," "we," "us," or "our") is committed to providing services to users worldwide. We have prepared these Terms of Use to outline the services and software provided to you, our user.
Welcome to https://ma.e-payhub.net/. These Terms of Use (hereinafter referred to as the "Agreement") govern the relationship between you as the user, customer, or agent, and STE ENTREPRISE MARCHE OUVERT SARL AU, with registration number 29533 (hereinafter referred to as the "Company").
1. Acceptance of Terms of Use Agreement.
By registering an account on the Company’s official website, whether through a mobile device, mobile app, or computer (collectively referred to as the "Service"), you agree to be bound by (i) these Terms of Use (hereinafter referred to as the "Agreement"), (ii) our Privacy Policy, both of which are incorporated into this Agreement by reference, and (iii) any terms that you accept when purchasing additional features, products, or services offered through the Service (collectively referred to as this "Agreement"). If you do not agree to all the terms of this Agreement, please refrain from using the Service.
We reserve the right to modify this Agreement and the Service from time to time for various reasons, such as to comply with legal requirements, introduce new features, or adjust to business practices. The most up-to-date version of this Agreement will be available on the Company’s official website at https://ma.e-payhub.net/ in the appropriate section on the homepage, and we recommend that you regularly review it. The latest version of the Agreement will always be in effect. If the changes significantly affect your rights or obligations, we will provide at least 30 days' notice (unless otherwise restricted by applicable law) using reasonable methods, such as through the Service or via email. Your continued use of the Service after the changes take effect signifies your acceptance of the revised Agreement.
2. Eligibility.
You are not permitted to create an account, access, or use the Service and the systems it operates on unless the following conditions are met: you must be at least 18 years old, able to enter into a binding contract with https://ma.e-payhub.net/, and not prohibited from using our services under the laws of Morocco or any other applicable jurisdiction. Furthermore, you must comply with this Agreement and adhere to all relevant local, state, national, and international laws, regulations, and rules.
3. Your Account.
To use the services offered by the Company on its official website, accessible at https://ma.e-payhub.net/, you can log in through various methods provided on the site. For detailed information about the data we collect and how it is used, please refer to our Privacy Policy.
You are responsible for keeping your login credentials confidential, and you bear full responsibility for any actions taken under your account. If you suspect that your account has been compromised, please contact us immediately via the official website or by email at [email protected].
4. Modifying the Service and Termination.
The Company is committed to enhancing the Service and providing you with new and valuable features. As a result, we may occasionally introduce new functionalities or improvements, and potentially remove existing ones. If such changes do not significantly impact your rights or obligations, we may not notify you beforehand. In cases where we need to suspend the Service, we will inform you in advance unless urgent safety or security issues prevent us from doing so.
To cancel your account, you can easily follow the steps provided under "Settings" within the Service. You have other options for account termination as well. If your payments are managed through a third-party service like the Apple App Store or Google Play Store, make sure to handle in-app purchases through that service to prevent further charges. The Company reserves the right to terminate your account at any time without prior notice if it determines that you have breached this Agreement. No refunds will be provided for any purchases upon such termination.
Once your account is closed, this Agreement will end, except for Sections 4, 5, and 12 through 19, which will continue to apply to both you and the Company.
5. Safety; Your Interactions with Other Members.
While the Company aims to foster a respectful environment by implementing features such as double opt-in, which allows communication only after mutual interest is expressed, it is not responsible for the behavior of any member, either on or off the Service. You should exercise caution in all interactions with other members, especially if you choose to communicate outside of the Service or meet in person. Additionally, you are required to review and adhere to the Company’s Privacy Policy before using the Service. You agree not to share your financial information, such as credit card or bank account details, or to transfer money to other members.
You are entirely responsible for your interactions with other members. The Company does not perform criminal background checks on its members or investigate their backgrounds. The Company does not guarantee or make any claims regarding the conduct or compatibility of its members.
6. Rights that the Company Grants You.
The Company grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is solely for the purpose of enjoying the benefits of the Service as intended by the Company and allowed by this Agreement. This license, along with any authorization to access the Service, will be automatically revoked if you engage in any of the following actions:
Using the Service or any content from the Service for commercial purposes without our written permission is prohibited. You are also not allowed to copy, modify, transmit, create derivative works from, or otherwise reproduce any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property accessible through the Service without the Company’s prior written consent.
You must not imply that any statements you make are endorsed by the Company, nor should you use automated tools such as robots, bots, spiders, crawlers, scrapers, or similar methods to access, retrieve, index, or reproduce the Service or its content. Additionally, you are prohibited from using the Service in a manner that could disrupt or negatively affect its operation or the connected servers and networks.
Uploading viruses or malicious code that compromises the security of the Service is forbidden. You must not forge headers or manipulate identifiers to disguise the origin of information transmitted through the Service, nor frame or mirror any part of the Service without prior written authorization from the Company. Using meta tags or code that references the Company or the Service to direct users to other websites is also prohibited.
Modifying, adapting, sublicensing, translating, selling, reverse engineering, or disassembling any part of the Service, or enabling others to do so, is not allowed. You may not use or develop third-party applications that interact with the Service or other members' content without our written consent, nor access or publish the Company’s application programming interface without permission. Probing, scanning, or testing the vulnerability of our Service or network is prohibited, as is promoting any activity that violates this Agreement.
The Company may investigate and take legal action in response to illegal or unauthorized use of the Service, which may include terminating your account. Any software we provide may automatically download and install updates, upgrades, or new features, though you may be able to adjust these automatic updates through your device’s settings.
7. Rights you Grant to the Company.
By creating an account, you grant the Company a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the information you permit us to access from third parties, as well as any information you post, upload, display, or otherwise make available on the Service or transmit to other members (collectively referred to as "Content"). This license is non-exclusive, except for derivative works created through the Service, where the Company holds an exclusive license. For instance, the Company will have exclusive rights to screenshots of the Service that feature your Content. To prevent misuse of your Content outside the Service, you authorize the Company to act on your behalf against unauthorized use by other members or third parties. This includes, but is not limited to, sending notices according to local laws and regulations in Morocco and considering the relevant laws of your jurisdiction of incorporation (if you are a legal entity) or registration (if you are an individual) if your Content is misappropriated by third parties. Our license to your Content is governed by applicable laws, such as data protection regulations, and is limited to operating, developing, providing, improving the Service, and researching new ones. You acknowledge that your Content may be viewed by other members and visitors to the Service, including those who receive shared Content from other users, members, or agents.
8. Community Rules.
By using the Service, you agree not to engage in any activities that are illegal or prohibited by this Agreement. You must not use the Service for harmful or malicious purposes, or in any manner that could damage the Company. Additionally, you are expected to adhere to our Terms of Use and Privacy Policy, which may be updated periodically.
You must not spam, solicit money from, or defraud other members. Impersonating individuals or entities, or posting images of others without their permission, is also prohibited. Furthermore, you should not bully, stalk, intimidate, assault, harass, mistreat, or defame others. Posting Content that infringes on anyone’s rights, including privacy, copyright, trademark, or other intellectual property or contractual rights, is not allowed.
Content that constitutes hate speech, threats, sexually explicit material, or pornography is forbidden. Additionally, you should not post Content that incites violence or features nudity or graphic violence. Promoting racism, bigotry, hatred, or physical harm against any group or individual is strictly prohibited.
You are not allowed to solicit passwords or personal identifying information from other members for commercial or unlawful purposes, or to disseminate another person’s personal information without their consent. Using another member's account, sharing an account, or maintaining multiple accounts is prohibited. If your account has been terminated, creating a new account without our permission is not allowed.
The Company reserves the right to investigate and potentially terminate your account without refunding any purchases if you violate this Agreement, misuse the Service, or engage in behavior deemed inappropriate or unlawful by the Company. This includes actions both on and off the Service. Violating these rules or our Privacy Policy will result in the automatic revocation of your authorization to use the Service.
9. Other Members' Content.
While the Company has the right to review and remove Content that breaches this Agreement, the responsibility for such Content lies entirely with the member who posted it. The Company cannot ensure that all Content will adhere to this Agreement. If you encounter Content on the Service that you believe violates this Agreement, please report it using the reporting features within the Service or through our contact form available on our official website at https://ma.e-payhub.net/.
10. Purchases.
General Information: The Company may occasionally offer products and services for purchase ("in-app purchases") through platforms such as the App Store, Google Play Store, carrier billing, the Company’s direct billing system, or other authorized payment platforms. When you make an in-app purchase, you will need to confirm the transaction with the relevant payment provider. Your chosen payment method, whether it is a credit card or a third-party account like the Google Play Store or App Store (referred to as your "Payment Method"), will be charged the displayed price for the selected service(s) along with any applicable sales or similar taxes. By making the purchase, you authorize the Company or the third-party provider to process this charge.
Refund Policy: Digital items purchased through our website are non-refundable. If a user breaches the Terms of Use, our policies, or any applicable laws, their account may be terminated, and any pending transactions will be canceled without a refund. Fees and transaction commissions that have already been paid are non-refundable, and users cannot request reimbursement from e-payhub for these amounts. Refunds are only available in cases where there are technical issues with the service or errors on our part that prevent the user from receiving the product. To request a refund, users must contact us via the provided email within 14 days of the transaction. Refund requests will only be processed if the user is at least 18 years old and will be issued through the same payment method used for the original purchase.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a manner that constitutes copyright infringement, please submit a takedown request using the provided form.
When contacting us about alleged copyright infringement, you should include an electronic or physical signature of the person authorized to act on behalf of the copyright owner. Provide a description of the copyrighted work that you believe has been infringed, and detail the location of the material on the Service, ensuring that the description is sufficient to help us locate the alleged infringing content. Include your contact information, such as your address, phone number, and email address, as well as the identity of the copyright owner. Additionally, provide a written statement affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. Lastly, include a statement under penalty of perjury confirming that the information in your notice is accurate and that you are either the copyright owner or authorized to act on their behalf.
The Company will terminate the accounts of individuals who repeatedly infringe copyrights.
12. Disclaimers.
The Company offers the Service on an "as is" and "as available" basis. To the fullest extent allowed by applicable law, the Company makes no warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Service (including all content within it). This includes, but is not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee that (a) the Service will be uninterrupted, secure, or free from errors; (b) any defects or errors in the Service will be corrected; or (c) any content or information obtained through the Service will be accurate.
The Company is not responsible for any content posted, sent, or received through the Service by you, other members, or third parties. Any material downloaded or otherwise obtained through the use of the Service is done at your own risk and discretion.
13. Third Party Services.
The Service may include advertisements and promotions from third parties, as well as links to other websites or resources. The Company is not responsible for the availability or lack thereof of these external websites or resources. If you decide to engage with third parties provided through our Service, their terms will govern your interactions with them. The Company is not liable for the terms or actions of these third parties.
14. Limitation of Liability.
To the fullest extent permitted by applicable law, neither the Company nor its affiliates, employees, licensors, or service providers will be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages. This includes, but is not limited to, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (i) your access to, use of, or inability to access or use the Service; (ii) the conduct or content of other members or third parties on, through, or following use of the Service; or (iii) unauthorized access, use, or alteration of your content, even if the Company has been advised of the possibility of such damages.
Please note that some jurisdictions do not allow the exclusion or limitation of certain damages, so the exclusions and limitations described in this section may not apply to you.
15. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for members residing in Morocco and other jurisdictions where applicable law prohibits it:
1. Any dispute or claim arising from or related to this Agreement (including any alleged breach) or the Service must be resolved through BINDING ARBITRATION administered by JAMS, following the JAMS Streamlined Arbitration Rules & Procedures, with modifications as outlined in our Arbitration Procedures. The only exception to this arbitration requirement is that either party may file an individual claim in a small claims court with appropriate jurisdiction. If a claim is filed in arbitration, the responding party may request that it proceed in small claims court if the claim falls within its jurisdiction. If this request is made before an arbitrator is appointed, the arbitration will be closed administratively. If made after an arbitrator is appointed, the arbitrator will decide whether to continue in arbitration or move the case to small claims court. Arbitration will be conducted based on written submissions unless either party opts for an oral hearing. Regardless of the chosen forum, you agree not to initiate, maintain, or participate in any class action, class arbitration, or representative action against the Company.
2. By using the Service, you agree to this arbitration agreement, which means YOU WAIVE YOUR RIGHT TO GO TO COURT to assert or defend any claims against the Company (except for small claims court matters). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you bring a claim against the Company outside of small claims court (and the Company does not request transfer to small claims court), a NEUTRAL ARBITRATOR, rather than a judge or jury, will resolve the dispute. The arbitrator has the authority to grant relief similar to what a court can provide and may conduct hearings and review evidence. Arbitration is generally more straightforward and streamlined compared to court trials. Arbitrator decisions can be enforced in court but overturned only under very limited circumstances. For further information on the arbitration process, refer to our Arbitration Procedures.
3. Any action to enforce this arbitration agreement, including actions to confirm, modify, or vacate an arbitration award, may be filed in any court with competent jurisdiction. If this arbitration agreement is deemed unenforceable, any litigation against the Company (except for small claims actions) must be initiated in federal or state courts located in Morocco. You irrevocably consent to the jurisdiction of those courts for such matters.
16. Governing Law.
For users, customers, or agents residing in Morocco or in locations where our arbitration agreement is legally prohibited, the laws of Morocco, excluding its conflict of laws principles, will govern any disputes arising from or related to this Agreement or the Service. However, all disputes and controversies between the parties must be resolved exclusively by the local state courts of Morocco, applicable to both private individuals and corporate entities.
17. Venue.
Except for members residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be appropriately brought in a small claims court of competent jurisdiction, all disputes arising from or related to this Agreement, the Service, or your relationship with the Company that are not subject to arbitration must be litigated exclusively in the state courts of Morocco. Both you and the Company consent to the personal jurisdiction of the courts in Morocco and waive any objections based on the argument that such courts represent an inconvenient forum.
18. Indemnity by You.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, that arise from or relate to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other.
This Agreement, including these Terms of Use, our Privacy Policy, and any additional terms you agree to when purchasing features, products, or services on the Service, constitutes the entire agreement between you and the Company regarding your use of the Service. If any provision of this Agreement is deemed invalid, the remaining provisions will continue to be in full force and effect. The Company’s failure to exercise or enforce any right or provision under this Agreement does not constitute a waiver of that right or provision. Your account on the Company’s official website is non-transferable, and all rights to your account and its Content terminate upon your death. This Agreement does not create any agency, partnership, joint venture, fiduciary, or special relationship, nor does it grant you authority to represent or bind the Company in any way.