PAYMENT TERMS & CONDITIONS
Last updated: September 15, 2022
Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the online payment service therein (the "Service"). If You do not agree to the terms and conditions, set forth below, You will not be authorised to access and the Service. You bind yourself to use the Service only for lawful purposes. Without prejudice to the generality of the foregoing, You agree:
1. not to use, or otherwise authorise, permit or tolerate any third party to use the Service in any way that is in violation of any law, regulation, guideline, decision or directive in force in Seychelles or which is defamatory, menacing, obscene, in breach of third party intellectual or industrial property rights or in breach of trade secrets;
2. to immediately notify us of any unauthorised or illegal use of the Service of which You may become aware.
If we have reasonable cause to believe that the provisions of this Agreement are being contravened, we may block or otherwise suspend Your access to the Service with immediate effect, and this without prejudice to any rights at law. We have the right to revise and amend this Agreement from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Service constitutes your acceptance of any such change and/or amendment and such access or use of the Service shall be subject to the Agreement in place at the time of the access or use. It is Your responsibility to ensure Your familiarity with and acceptance of this Agreement as applicable at the time of each and every access or use of Service.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY USING THE SERVICE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
PARTIES TO THIS AGREEMENT The parties to this Agreement are you ("You"), Sacos Group Limited, Company Registration number 820521-1 and Sacos Life Assurance Company Limited, Company Registration number 845686-1 of Maison Esplanade, Victoria, Mahe, Seychelles (email: info@sacos.sc, telephone: +248 4295000), the owner of sacos.sc. As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to Sacos Group Limited and Sacos Life Assurance Company Limited. By further accessing the Service, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1. DESCRIPTION OF SERVICES We are in the insurance business and we will provide access to the Website and the Service for You in accordance with our Privacy Policy in order for You to pay the premium on Your insurance policy. You agree with our Privacy Policy.
2. TRANSACTION INFORMATION The language in which all transactions on the Service are carried out is the English language. Any translation is meant to help You better understand the language and terminology used in the transaction. However, the point of reference will always remain English. You declare that the credit / debit card details provided by You when making use of the Service are valid and accurate and that You shall not use a credit / debit card that is not lawfully owned by You or the use of which is not authorized by the lawful owner thereof.
You may pay us by using a credit / debit card. You warrant, agree and confirm that when You initiate a payment transaction through the Service and provide credit / debit card details:
> You are fully and lawfully entitled to use such credit / debit card for such transactions;> You are responsible to ensure that the card details provided by You are accurate;
> You authorise debit of the nominated card for the payment to us as indicated by You in the transaction details given;
> You are responsible to ensure that sufficient credit or balance, as applicable, is available on the nominated card account at the time of making the payment to permit the payment to us as indicated by You in the transaction details given.
> You are responsible for any applicable charges or penalty imposed by the Bank. All payments effected are in Seychelles Rupees.
We do not accept any liability for payments not reaching us or being incorrectly posted due to You quoting incorrect personal details or other incorrect required parameters.
We do not accept liability for non-/late payments if the payment is declined by the credit/debit card or authorised payment supplier.
Please refer to your policy documentation for the rules applicable to refunds and cancellations. All online payments effected through the Service are processed and managed using a third party electronic payment gateway (Absa eCommerce Payment Gateway).
The third party electronic payment gateway service provider is bound to ensure that all online payments are effected using state-of-the-art technology and in accordance with all applicable laws and regulations governing online payments, and this inter alia in order to ensure secure transactions. Sacos do not have access to Your debit/credit card details or store any data related to Your debit/credit card.
We and our third party electronic payment gateway service provider shall not be liable for any failure by You to properly protect data from being seen on the screen by other persons or otherwise obtained by such persons during the online payment process. This includes payments done on public machines/devices or using browsers/devices that do not have the necessary security protection features/software in place.
All reasonable endeavours are taken to ensure the availability and correct functioning of the Service. This notwithstanding, there may be instances when the Service will, due to technical or other reasons, be unavailable. In no event shall we or our third party electronic payment gateway service provider be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of the Service.
By using the Service You hereby irrevocably consent to Your data being in the possession of, retained by, and processed by the third party electronic payment gateway service provider. You hereby further warrant and agree that any use of the Service shall be in accordance with applicable law and hereby fully exonerate and bind Yourself to keep us and the third party electronic payment gateway service provider harmless from and against any liability or claim of whatever nature in connection with Your use of the Service.
After a transaction is carried out, an email receipt will be sent to You containing the following information:
+ A unique identification code through which the transaction may be accurately identified
+ The amount of money transferred in Seychelles Rupees
+ A description of the services purchased
+ Information related to You
+ Information related to us, including company name, contact number, address and website address
It is recommended that You take and retain a copy of the transaction for record keeping purposes to assist in the resolution of any disputes that may arise out of usage of the online payment service.
3. WRITTEN COMMUNICATIONS When using this Service, You accept that communication with us will be mainly electronic. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
4. FORCE MAJEURE We will endeavour to maintain the Service available at all times, however You acknowledge and agree that we cannot guarantee an uninterrupted service.
Subject to any Force Majeure limitations and/or exceptions, or to any herein contained or otherwise applicable condition or limitation on the Website, we will endeavour to comply with the generally accepted industry standards applicable for the Website and the Service and to adhere to all applicable legal and regulatory obligations in connection with the Website and the Service.
Without prejudice to any other provision contained herein excluding or limiting responsibility, we shall not be liable to You and/or any third party for any loss or damage which may be experienced or suffered by You and/or any third party due to any Force Majeure event, which inter alia includes any failure on our part to perform any obligation as a result of technical problems relating to the Website or the Service, termination of any licence to operate, act of God, inclement weather, flood, drought, lightning or fire, earthquakes and volcanic eruptions, failure or shortage of power supply, strikes, lockouts, labour disturbances and industrial disputes of any kind, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, any act or omission of any regulatory or other public authorities or agencies, or of the operators of other telecommunication services, war, military operations and riots, difficulties, delays or interruptions in the production or supply of equipment used in the Service, act or default of any supplier, agent or subcontractor, or any other similar or dissimilar causes beyond our reasonable control.
5. SUPPLEMENTARY TERMS AND CONDITIONS The Website may have additional terms and conditions that are an integral part of our offering to You, and are in addition to this Agreement. Such terms and conditions as listed at the Website will in no way invalidate any of this Agreement.
6. SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
7. DISCLAIMER AND LIMITATION OF LIABILITY YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE WEBSITE AND SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU CHOOSE TO ACCESS SERVICE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, SUSTAINED BY YOU OR ANY OTHERWISE AFFECTED THIRD PARTY BY REASON OF ANY LOSS OF DATA OR OTHER INFORMATION FAILURE IN OR BREAKDOWN OF, OR REDUCTION IN QUALITY OF, SERVICE PROVIDED, HOWEVER LONG SUCH FAILURE, BREAKDOWN, OR REDUCTION IN QUALITY SHALL LAST.
YOU UNDERTAKE AND BIND YOURSELF TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICIALS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS HARMLESS AGAINST ANY LIABILITY, LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY MATERIAL THEREIN CONTAINED, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR LOSS OR DAMAGE MADE BY ANY PERSON WHOMSOEVER.
YOU SHALL DEFEND AND PAY ALL COSTS, DAMAGES, AWARDS, FEES (INCLUDING ANY REASONABLE LEGAL FEES) AND JUDGMENTS AWARDED AGAINST US, OUR DIRECTORS, OFFICIALS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, ARISING FROM THE ABOVE CLAIMS AND SHALL PROVIDE US WITH IMMEDIATE AND PROMPT NOTICE OF ANY SUCH CLAIMS, FULL AUTHORITY TO DEFEND, COMPROMISE OR SETTLE SUCH CLAIMS AND REASONABLE ASSISTANCE NECESSARY TO DEFEND SUCH CLAIMS, AT YOUR SOLE EXPENSE. WITHOUT PREJUDICE TO THE GENERALITY OF THIS LIMITATION OF LIABILITY SECTION, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE, HOWSOEVER DEFINED, INTER ALIA INCLUDING ANY LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS OR OTHERWISE, WHICH MAY ARISE IN CONNECTION WITH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE IN ANY WAY HELD LIABLE FOR OR IN ANY WAY GUARANTEE THE LEVEL OF SERVICE FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY INTERNET SERVICE PROVIDERS AND ROAMING PARTNERS.
8. Governing Law This Agreement shall be governed by Seychelles Law. By accessing the Service, you have accepted Seychelles law as the law governing the use of the Service. The Courts of Seychelles shall have exclusive jurisdiction over all claims or disputes arising out of, or in relation to, or in connection with the Service and this Agreement.