1 Definitions
In these Terms and Conditions of Sale (hereinafter "T&Cs"), the following terms shall have the meanings set out below:
- "ElyonPay" or "the Company": ElyonPay Global Technologies Holding, a Simplified Joint-Stock Company (SAS) with a share capital of €4,500, registered under SIRET number 97898483900032, with its registered office at 10 Rue de la Paix, 75002 Paris, France.
- "Platform": all services accessible via www.elyonpay.com and the ElyonPay mobile application, including the Marketplace, Unified Payment system, Virtual Terminal and Request to Pay service.
- "Seller": any natural or legal person who registers on the Platform to offer products or services for sale.
- "Buyer": any natural or legal person who makes a purchase via the Platform.
- "User": refers collectively to any Seller, Buyer or visitor of the Platform.
- "Marketplace": the online marketplace enabling Sellers to offer their products and services, and Buyers to purchase them.
- "Virtual Terminal": software solution enabling merchants to collect payments in person or remotely, without additional hardware.
- "Unified Payment": multi-method payment solution integrating Mobile Money, bank cards (Visa, Mastercard) and other payment methods supported by the Platform.
- "Request to Pay": service enabling a Buyer to request a third party to pay their invoice on their behalf, via the ElyonPay Platform.
- "Seller Account": secure personal space created by the Seller on the Platform.
- "Commission": fees charged by ElyonPay on each transaction or service, as per the current rate schedule.
2 Purpose and Scope
These T&Cs define the terms under which ElyonPay makes available to Sellers and Buyers all Platform services, including:
- Creating and managing an online store on the ElyonPay Marketplace;
- Collecting payments via the Unified Payment system;
- Using the Virtual Terminal for in-person and remote sales;
- Using the Request to Pay service.
These T&Cs apply to all commercial relationships between ElyonPay and its Users, to the exclusion of any other terms, unless agreed in writing by ElyonPay in advance.
3 Acceptance of Terms
Registering on the ElyonPay Platform constitutes full and unconditional acceptance of these T&Cs by the User. Acceptance is evidenced by ticking the box "I accept the terms and conditions of sale and use" during the registration process.
If the User does not accept these T&Cs, they will be unable to access ElyonPay's services.
The User acknowledges having the legal capacity to enter into contracts. If the User acts on behalf of a company, they warrant that they have the authority to bind that company.
4 Description of Services
4.1 Marketplace
ElyonPay provides Sellers with an online marketplace enabling them to create their store, publish product and service catalogues, receive orders and collect payments. The ElyonPay Marketplace is accessible via the website and mobile application in the countries covered by the Platform.
4.2 Unified Payment
ElyonPay offers a multi-method payment solution enabling acceptance of payments via Mobile Money (Orange Money, MTN Mobile Money, Wave, Moov Money, Airtel Money, AT Money, Telecel Cash), bank cards (Visa, Mastercard), QR Code and any other payment method integrated into the Platform. Settlement timelines are specified in the rate schedule available on the Pricing page of the website.
4.3 Virtual Terminal
The ElyonPay Virtual Terminal enables any merchant to collect payments in person or remotely, from a smartphone or computer, without requiring additional hardware. It also allows a physical store to be transformed into an online store, with generation of a shareable payment link or QR Code.
4.4 Request to Pay
The Request to Pay service enables a Buyer present at a merchant's premises (restaurant, store, market, etc.) to request a third party, located in France, Africa or anywhere in the world, to pay their invoice in real time via the ElyonPay Platform, without any prior money transfer.
5 Registration and Seller Account
To access ElyonPay services as a Seller, the User must create a Seller Account by providing the following information:
- First name, last name and valid email address;
- Phone number;
- Business name and type of activity;
- Country of activity;
- Valid identity document and proof of business activity (in accordance with applicable KYC regulations).
The Seller undertakes to provide accurate, complete and up-to-date information. ElyonPay reserves the right to verify the accuracy of the information provided and to refuse or suspend any account with inaccurate or incomplete information.
Login credentials (email address and password) are strictly personal and confidential. The Seller is solely responsible for their use. Any fraudulent use of credentials must be immediately reported to ElyonPay.
6 Seller Obligations
By using the ElyonPay Platform, the Seller undertakes to:
- Only offer legal products and services, compliant with regulations in force in their country of activity and in the countries of destination of their sales;
- Respect consumer rights, including applicable withdrawal rights;
- Ensure the availability of products and services offered for sale;
- Process orders within the announced timeframes;
- Not publish unlawful, misleading, defamatory or third-party rights-infringing content;
- Comply with the personal data protection rules of Buyers;
- Pay all applicable taxes, levies and social contributions;
- Not circumvent ElyonPay's payment system for transactions made via the Platform;
- Immediately report to ElyonPay any security incident or detected fraud.
7 ElyonPay Obligations
ElyonPay undertakes to:
- Provide a functional, secure and accessible Platform 24/7, subject to maintenance operations;
- Process payments within the timeframes set out in the rate schedule;
- Ensure transaction security in accordance with PCI DSS, SSL 256-bit and ISO 27001 standards;
- Notify Users of any substantial changes to the services with reasonable notice;
- Implement anti-fraud measures;
- Provide customer support accessible by email, phone and WhatsApp.
ElyonPay is subject to a best-efforts obligation (and not a results obligation) regarding Platform availability. Service interruptions may occur for maintenance, updates or force majeure.
8 Pricing and Billing
ElyonPay is remunerated by charging commissions on transactions made via the Platform. Details of applicable commission rates by country and payment method are available on the Pricing page of www.elyonpay.com/pricing.
Prices are quoted exclusive of tax and may be modified by ElyonPay, subject to at least 30 days' notice by email to the Seller. Continued use of the Platform after a pricing change constitutes acceptance of the new rates.
ElyonPay will issue transaction statements accessible from the Seller Account dashboard. These statements serve as invoices and can be downloaded in PDF format.
9 Payments and Payouts
Funds collected via the Platform are held in a ring-fenced account for the benefit of Sellers, in accordance with applicable regulations. ElyonPay processes payouts within the timelines set out in the rate schedule, after deducting its commissions.
The Seller must enter their bank details or Mobile Money number in their Seller Account to receive payouts. ElyonPay cannot be held liable for any failed payout due to incorrect or incomplete details provided by the Seller.
In the event of a dispute or suspected fraud, ElyonPay reserves the right to temporarily suspend payouts pending the outcome of the necessary investigations.
9.1 Refund Policy
Refunds to Buyers are the responsibility of the Seller. ElyonPay provides the technical tools necessary to process refunds from the dashboard. Initial transaction fees are not refunded by ElyonPay, except in cases of proven technical error attributable to the Platform.
10 Intellectual Property
All elements of the ElyonPay Platform (trademarks, logos, domain names, interfaces, source codes, databases, texts, images, sounds and videos) are the exclusive property of ElyonPay or its licensors and are protected by applicable French, Mauritian and international intellectual property laws.
Any reproduction, representation, modification, publication, adaptation or exploitation — in whole or in part — of these elements, by any means whatsoever, without ElyonPay's prior written consent, is strictly prohibited.
The Seller grants ElyonPay a non-exclusive, worldwide, royalty-free licence to use their content (photos, descriptions, logo, etc.) published on the Platform, solely for the purpose of providing and promoting ElyonPay's services.
11 Personal Data
ElyonPay processes Users' personal data in compliance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679) and the French Data Protection Act (Loi n°78-17 of 6 January 1978 as amended).
Data collected is used for the following purposes:
- Seller Account management and service provision;
- Identity verification (KYC) and fraud prevention;
- Service and transaction communications;
- Service improvement and usage statistics;
- Compliance with legal and regulatory obligations.
In accordance with the GDPR, Users have rights of access, rectification, erasure, restriction, portability and objection regarding their personal data. These rights may be exercised by contacting ElyonPay at: contact@elyonpay.com.
ElyonPay undertakes not to sell Users' personal data to third parties and to implement appropriate technical and organisational measures to ensure their security.
12 Liability
12.1 Limitation of ElyonPay's Liability
ElyonPay shall not be liable for:
- Indirect, immaterial or consequential damages resulting from the use or inability to use the Platform;
- Acts, omissions or failures of Sellers towards Buyers;
- The quality, conformity or availability of products and services offered by Sellers;
- Failures of telecommunications operators, carriers or any other third-party service providers;
- Service interruptions due to planned maintenance or force majeure events.
ElyonPay's liability, where applicable, is limited to the commissions received by ElyonPay in connection with the service in question during the 3 months preceding the event giving rise to the claim.
12.2 Seller's Liability
The Seller is solely responsible for the products and services they offer on the Platform, their compliance with applicable regulations, and the contractual relationships they maintain with Buyers. The Seller indemnifies ElyonPay against any third-party claim arising from their activities on the Platform.
13 Suspension and Termination
13.1 Termination by the Seller
The Seller may terminate their Seller Account at any time by sending a request to contact@elyonpay.com. Termination takes effect 30 days after receipt of the request, after settlement of all amounts owed to ElyonPay.
13.2 Suspension or Termination by ElyonPay
ElyonPay reserves the right to suspend or terminate a Seller Account immediately and without notice in the event of:
- Breach of these T&Cs;
- Fraudulent, unlawful or public order-violating activities;
- Non-payment of amounts owed;
- Provision of false information during registration;
- Actions that harm ElyonPay's reputation or interests.
In the event of termination for cause, the Seller remains liable for commissions due on transactions completed before the termination date.
14 Governing Law and Disputes
These T&Cs are governed by French law, in accordance with the French Commercial Code and applicable payment services regulations (European PSD2 Directive). For activities carried out in ECOWAS and CEMAC member states, applicable local law applies on a complementary basis.
In the event of a dispute, the parties undertake to seek an amicable resolution within 30 days from the date of notification of the dispute by registered letter or email. Failing that, all disputes shall be subject to the exclusive jurisdiction of the courts of Paris (France).
15 Amendments to T&Cs
ElyonPay reserves the right to amend these T&Cs at any time. Changes will be notified to Users by email and/or dashboard notification, with at least 30 days' notice before they take effect.
If the User does not accept the updated T&Cs, they must cease using ElyonPay's services before the effective date of the changes. Continued use of the Platform after that date constitutes acceptance of the amended T&Cs.
16 Miscellaneous
16.1 Severability
If one or more provisions of these T&Cs are found to be invalid or declared as such under any applicable law or regulation, the remaining provisions shall remain in full force and effect.
16.2 Non-Waiver
ElyonPay's failure to enforce any provision of these T&Cs at any given time shall not be construed as a waiver of its right to enforce such provision at a later date.
16.3 Entire Agreement
These T&Cs constitute the entire agreement between ElyonPay and the User and supersede all prior agreements, written or oral, relating to the same subject matter.
16.4 Contact
For any question relating to these T&Cs, contact ElyonPay:
- By email: contact@elyonpay.com
- By post: ElyonPay Global Technologies Holding, 10 Rue de la Paix, 75002 Paris, France
- Via the contact form: www.elyonpay.com/en/contact