Terms and Conditions

In these Terms and Conditions, unless the context otherwise requires:

"Agreement" means these Terms and Conditions together with any applicable schedules, annexes, or other documents incorporated by reference.

"Services" means the payment processing, mobile wallet, money transfer, and other financial services provided by Oharapay through its platform.

"Platform" means the Oharapay website, mobile applications, APIs, and any other software or systems used to deliver the Services.

"Merchant" means any business or individual that registers to use Oharapay's Services to accept payments.

"Customer" means any end-user who uses the Services through a Merchant or directly.

"Processing Fees" means the fees charged by Oharapay for processing transactions as set out in the applicable pricing schedule.

"Transaction" means any payment, transfer, or other financial operation processed through the Platform.

By accessing or using the Oharapay Platform or Services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our Services.

These Terms and Conditions constitute a legally binding agreement between you and Oharapay Limited, a company registered in Ireland.

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions.

Oharapay provides payment processing services that enable Merchants to accept various payment methods including credit cards, debit cards, digital wallets, and alternative payment methods.

Our Services include but are not limited to: payment processing, fraud detection and prevention, transaction reporting and analytics, settlement services, currency conversion, mobile wallet services, and international money transfer services.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, although we will endeavor to provide reasonable notice where practicable.

Access to certain features of the Services may be subject to additional terms and conditions, fees, or eligibility requirements.

To use our Services, you must register for an account and provide accurate, complete, and current information as prompted by the registration process.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse registration or to cancel an account at our discretion, including if we believe you have violated these Terms and Conditions or applicable laws.

You must be at least 18 years old and legally capable of entering into binding contracts to register for an account.

Merchants must comply with all applicable laws and regulations, including but not limited to payment card industry standards (PCI DSS), anti-money laundering laws, and consumer protection regulations.

Merchants must provide accurate product or service descriptions and pricing information to Customers.

Merchants must maintain adequate security measures to protect Customer data and payment information.

Merchants must not use the Services for any illegal, fraudulent, or prohibited purposes as outlined in our Prohibited and Restricted Products list.

Merchants are responsible for all customer service issues, refunds, and disputes related to their products or services.

Merchants must honor all valid payment card transactions and may not impose surcharges on card transactions except where permitted by applicable law and card scheme rules.

Merchants agree to pay Oharapay the Processing Fees as set out in the applicable pricing schedule or as otherwise agreed in writing.

Processing Fees typically consist of a fixed transaction fee plus a percentage of the transaction amount or payment method-specific fees.

All fees are non-refundable unless otherwise specified in writing.

Oharapay reserves the right to change fees upon thirty (30) days' notice to Merchants. Continued use of the Services after the notice period constitutes acceptance of the new fees.

Settlement of funds to Merchants will be made according to the agreed settlement schedule, typically within 2-7 business days of the transaction.

Oharapay may withhold settlement or establish a reserve account if we reasonably believe there is a risk of chargebacks, fraud, or other losses.

Merchants are responsible for all chargebacks received in connection with transactions processed through the Services.

In the event of a chargeback, Oharapay will deduct the chargeback amount plus any applicable fees from future settlements or, if necessary, from the Merchant's linked bank account.

Merchants must respond promptly to chargeback notifications and provide all requested documentation to dispute invalid chargebacks.

Excessive chargebacks may result in additional fees, account restrictions, or termination of Services.

Refunds to Customers must be processed through the Platform using the original payment method where technically feasible.

All intellectual property rights in the Platform and Services, including but not limited to software, trademarks, logos, and documentation, are owned by Oharapay or its licensors.

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform solely for the purpose of receiving the Services.

You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of our software.

Any feedback, suggestions, or ideas you provide to us regarding the Services may be used by Oharapay without any obligation to you.

Oharapay processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

Our processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

Merchants must ensure they have obtained all necessary consents and have a lawful basis for sharing Customer data with Oharapay.

Both parties agree to comply with their respective obligations under applicable data protection laws and to cooperate in the event of any data breach or regulatory inquiry.

For detailed information about how we collect, use, and protect personal data, please refer to our Privacy Policy.

Oharapay warrants that it will provide the Services with reasonable skill and care.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Oharapay does not warrant that the Services will be uninterrupted, error-free, or completely secure.

Oharapay does not warrant that the Services will meet your specific requirements or that any errors in the Services will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHARAPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OHARAPAY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO OHARAPAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Nothing in these Terms and Conditions excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

You acknowledge that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Oharapay and you, and that Oharapay would not be able to provide the Services on an economically reasonable basis without these limitations.

You agree to indemnify, defend, and hold harmless Oharapay and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

(a) Your use or misuse of the Services;

(b) Your violation of these Terms and Conditions;

(c) Your violation of any rights of another party, including any Customers;

(d) Your violation of any applicable laws, rules, or regulations;

(e) Any content or data you submit, post, or transmit through the Services; or

(f) Any dispute between you and any Customer or third party.

This Agreement commences on the date you first access or use the Services and continues until terminated by either party.

You may terminate this Agreement at any time by closing your account and ceasing to use the Services.

Oharapay may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms and Conditions.

Upon termination, your right to use the Services will immediately cease, and we may delete your account and data.

The following sections shall survive termination: Fees and Payments (for amounts owed), Chargebacks and Refunds, Intellectual Property Rights, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall first be subject to good faith negotiations between the parties for a period of thirty (30) days.

If the dispute cannot be resolved through negotiation, either party may submit the dispute to mediation in accordance with the rules of a mutually agreed mediation service.

Any disputes that cannot be resolved through negotiation or mediation shall be subject to the exclusive jurisdiction of the courts of Ireland.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

The parties agree to submit to the exclusive jurisdiction of the courts of Ireland for the resolution of any disputes arising under these Terms and Conditions.

If you are a consumer resident in the European Union, you may have certain mandatory consumer protection rights under the law of the country in which you reside, which cannot be waived by contract.

Assignment: You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms and Conditions without restriction.

Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Oharapay regarding the Services.

Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term or condition.

Force Majeure: Oharapay shall not be liable for any failure or delay in performance due to causes beyond its reasonable control.

Notices: All notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by registered mail to the address on file.

If you have any questions about these Terms and Conditions, please contact us:

Oharapay Limited

Grand Canal Square

Dublin 2, Ireland

Email: legal@oharapay.com

Phone: +353 1 234 5678