Terms of Use

Last Update: FEB 12, 2022

Agreement to Terms of Use

his page describes the general Terms of Use that apply to your use of any of our services.

By using our services, you agree to be bound by the Terms of Use. If you use our services on behalf of a business or company, they agree to our terms of use too. If you do not agree, please do not use our services.

These Terms and Conditions of Use (referred here as the “Terms of Use”) govern:

the use of the PayContactless Merchant mobile application
the use of the PayContactless Customer mobile application
the use of the PayContactless Merchant Portal
the use of the PayContactless Organization Portal
the use of the PayContactless Website, and,
any other related agreement or legal relationship with Prophius, Inc. the owner of PayContactless.

Prophius, Inc. reserves the right, at her own discretion, to change, modify, add or take out portions of the Terms of Use, at any time. It is your sole responsibility to check these terms periodically for any changes or modifications. You can view the most current version of the Terms of use by clicking on the Terms of Use Hypertext and the bottom of our webpage. If you continue to use PayContactless following the posting of changes, it will mean that you accept and agree to be bound by the changes.

Prophius, Inc. shall have the right at any time to change or discontinue any aspect or feature of PayContactless including, but not limited to, content, hours of availability, and equipment needed for access or use.

The right to use PayContactless is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s) if any.

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Changed Terms

Prophius, Inc. shall have the right at any time to change or modify the terms and conditions applicable to your use of PayContactless, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PayContactless.app/Prophius.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Paycontactless by you after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

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As long as you comply with these Terms of Use, Prophius, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to login and use PayContactless.

Nature of Service

PayContactless brings in-person payments to smart mobile devices by allowing a merchant to use their smart device as a Payment Acceptance Tool (similar to the POS terminal) in a way that is fast, safe and involves little to no contact.

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To make it easier and more interesting for our users, PayContactless consists of multiple means of accepting and making payments. Among these options include Tap-to-Phone, Account based (bluetooth), QR Code and USSD.

PayContactless customers are not tied to a specific merchant, however are customers of a particular organization e.g the bank.

Merchants are grouped under a specific organization (an entity capable of maintaining an entire PayContactless system and thus have their own administrative portal where merchants are managed).

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Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of PayContactless and all charges related thereto.

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Content

All text, graphics, user interface, visual interfaces, pictures, trademarks, logos, sounds and computer code (collectively referred to as “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement and enhancement of such content, contained on any PayContactless product is owned, controlled or licensed by or to Prophius Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly captured in these Terms of Use or as otherwise expressly permitted under copyright law, no part of PayContactless and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Prophius Inc.’s express prior written consent. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

The foregoing provisions are for the benefit of Prophius, Inc. its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Your Use of PayContactless

You may not use any “deep-link”, “robot”, “page-scape”, ‘spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of PayContactless or any of its Content, or in any way reproduce or circumvent the navigational structure or presentation of PayContactless or any Content, to obtain or attempt to obtain any data or information through any means not purposely made available through PayContactless. Prophius Inc. reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any feature or portion of PayContactless (mobile or web), or any other systems or products connected to PayContactless or to Prophius Inc., or to any of the services offered on or through PayContactless, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of PayContactless or any system connected to PayContactless, nor breach the security or authentication measures on PayContactless. You may not reverse search, trace, or seek to trace any information on any other user of PayContactless, or any other customer of Prophius Inc., including Prophius Inc.’s account not owned by you, to its source, or exploit PayContactless or any survive or information made available or offered by or through PayContactless, in any way where the purpose is to reveal any information, including but not limited to personal information or identification, other than your own information, as provided by PayContactless.

You agree to not use any device, software or routine to disrupt or interfere or attempt to disrupt or interfere with the proper working of PayContactless or any transaction being conducted on PayContactless, or with any other person’s use of PayContactless.

You may not forge headers or logos to manipulate identifiers in order to disguise the origin of any message or transaction receipt you send to Prophius Inc. on or through PayContactless or any service offered on or through PayContactless. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use PayContactless for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Prophius Inc. or others.

During registration, we will ask you for information, and you agree to provide complete, accurate and up-to-date personal information. Prophius Inc. reserves the right to suspend or terminate your account if you provide incomplete or false information.

You are fully responsible for all activity that takes place under your PayContactless account, including for any actions taken by persons to whom you have granted access to the PayContactless account.

Accounts, Passwords and Security

While Prophius Inc. takes incredible security measures, we can’t guarantee that bad actors will not get access to your personal information. You are entirely responsible for maintaining the confidentiality of the information of your PayContactless account, including your password, mobile number, account details, business information and other personal information. You are equally responsible for all activity that occurs within your account as a result of your failing to keep these information secure and confidential.

You agree to notify Prophius Inc. immediately of any unauthorized use of your PayContactless account or password, or any other breach of security. You may be held liable for losses incurred by Prophius Inc. or any other user of PayContactless due to someone else using your PayContactless account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s PayContactless account or password at any time without the express permission and consent of the owner of that PayContactless Account.

Prophius Inc. will not and cannot be liable for any loss or damage arising from your failure to comply with these obligations.

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Software Available on the Devices

Any software that is made available to download from the Services ("Software") is the copyrighted work of Prophius, Inc and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PROPHIUS, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, PROPHIUS, INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PROPHIUS, INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

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Privacy

By giving your Personal and Business Information by using any of our services as a PayContactless merchant, you acknowledge and agree that PayContacless uses these data to power our services, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also use personal data for other purposes with your consent.

Other information like your purchase, payment and account information are also collected for these same reasons. To protect merchants, store attendants, customers and other users from fraud and loss, information we gather from you is subject to data protection laws and intense processing which satisfies transparency requirements of such data protection laws and which ensures that data may be processed fairly, lawfully and in a transparent manner.

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Communications

You consent to accept and receive messages from us via email, text messages, calls and push notifications to the phone number you provide to us when you register to get a PayContactless account. Such communications may include, but are not limited to requests for secondary authentication, transaction receipts and summaries, reminders, notifications regarding updates to your account.

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Disclaimer!!

PROPHIUS INC. DOES NOT PROMISE THAT PAYCONTACTLESS OR ANY CONTENT, SERVICE OR FEATURE OF PAYCONTACTLESS WILL BE FREE FROM ERRORS OR UNINTERRUPTED, OR THAT ANY DEFECTS BE CORRECTED, OR THAT YOUR USE OF PAYCONTACTLESS WILL PROVIDE SPECIFIC RESULTS.

PAYCONTACTLESS AND ITS CONTENT ARE DELIVERED ON AN “AS-IS'' AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON PAYCONTACTLESS IS SUBJECT TO CHANGE WITHOUT NOTICE.

PROPHIUS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPHIUS INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF PAYCONTACTLESS AND/OR ANY PROPHIUS LIMITED’S SERVICES AND PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF PAYCONTACTLESS AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PROPHIUS INC. FOR DISSATISFACTION WITH PAYCONTACTLESS OR ANY OF ITS CONTENT IS TO STOP USING PAYCONTACTLESS OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages or liabilities for any special, Indirect or Consequential damages or any damages whatsoever caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Prophius Inc. reserves the right to do any of the following, at any time, without notice;

To modify, suspend or terminate operation of or access to PayContactless, or any portion of PayContactless, for any reason.
To modify or change PayContactless, or any portion of PayContactless, and any applicable policies or terms; and
To interrupt the operations of PayContactless, or any portion of PayContactless, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

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Limitation of Liability

Except where prohibited by law, in no event will Prophius Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Prophius Inc. has been advised of the possibility of such damages.

If not withstanding the other provisions of these Terms of Use, Prophius Inc. is found to be liable to you for any damage or loss which stems from or is in any way connected with your use of PayContactless or any Content. Prophius Inc.’s liability shall in no event exceed the greater of:

the total of any transaction or similar fees with respect to any service or feature of or on PayContactless made within six months prior to the date of the initial claim made against Prophius Inc.
US$100.00

Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.

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Indemnity

You agree to indemnify and hold Prophius Inc., its staff, directors, shareholders, predecessors, successors in interests, partners, agents, subsidiaries, and affiliates, harmless from any demands, loss, liabilities, claims or expenses (including attorneys’ fees), made against Prophius Inc. by any third party due to or arising out of or in connection with your use of PayContactless.

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Violation of Terms of Use

Prophius Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of PayContactless, or to identify, contact or bring legal action against a person who may be causing injury to or interference with (either intentionally or unintentionally) PayContactless’ rights or property, or the rights or property of other PayContactless users, including other merchants, customers, and organizations. Prophius Inc. reserves the right to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Prophius Inc. may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge that Prophius Inc. may preserve any transmittal or communication by you with us through PayContactless or any service offered on or through PayContacless, and may also disclose such information if required to do so by law or Prophius Inc. determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Prophius Inc., its employees, its partners, its product users, and the general public.

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Termination

Either Prophius, Inc. or you may terminate this Agreement at any time. Without limiting the foregoing, Prophius, Inc. shall have the right to immediately terminate your Account in the event of any conduct by you which Prophius, Inc. in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

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Miscellaneous

If any of the provisions in these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Prophius Inc. with regard to your use of PayContactless (it’s mobile, portal and website), and any and all other written agreements or understandings previously existing between you and Prophius Inc. with respect to such use are hereby superseded and canceled.

Other than as provided in this agreement you have entered with Prophius Inc., Prophius Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Prophius Inc.’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Prophius Inc. of any provision or any right we have to enforce these Terms of Use, neither shall any course of conduct between Prophius Inc. and you or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Any rights not expressly granted herein are reserved.

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Feedback and Information

Any feedback you provide about PayContactless shall be deemed to be non-confidential. Prophius Inc. shall be free to use such information on an unrestricted basis.

Updated by the Prophius Limited Legal and Compliance Team on May 17, 2022.

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