Definitions

 

• "Account“ means the iParama account of a user;

 

• “API” means the application programming interface

 

• “Applicable Law” means the laws and regulations of the Republic of Ghana;

 

• “Checkout” means the payment checkout API

 

• “Content” means any content generated by iParama on its Website, Platform;

 

• “Intellectual Property” means including but not limited to the Website, the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands, patents, domain names, industrial design, confidential information, inventions, moral rights, database rights, works of authorship, service mark, logos, trademarks, design rights, business or trade names, commercial secrets, and computer software.

 

• “iParama / Our / Us / We” means iParama Ghana Limited;

 

• “Merchant” means an entity that is registered on iParama to avail its Services;

 

• “Merchant Terms of Services” means iParama’s Merchant Terms of Services Policy;

 

• “Platform” means iParama’s Website, which can be accessed via this URL: https://www.iparama.com

 

• “Privacy Policy” means the iParama’s Privacy Policy;

 

• “Services” means the payment gateway services provided by iParama;

 

• “Shipping” means the logistic services provided by iParama;

 

• “T&C” means the terms and conditions mentioned in this Agreement;

 

• “Territories” means the countries of Ghana, United Arab Emirates.

 

• “Third Party Services” means including without limitation services that involve any third party(s);

 

• “User” means the same as Merchant;

 

• “USD” means United States of America Dollars;

 

• “Website” means the same as Platform;

 

• “You” means a User.

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Disclaimer: By using this Website (www.iparama.com), any of Our Websites, Platforms, or Services, You agree to these T&C. These T&C, along with Our Merchant Terms of Service, Cookie Policy and Privacy Policy, and any policy(s) that apply to Our Services, form a legal agreement between You and iParama Ghana Limited (“iParama”). Please read the T&C carefully before You start to use the Services. It details Our obligations to You and also highlights certain risks in using Our Service(s) which You must consider carefully as You will be bound by the provisions of this Agreement through your use of this Website or any of Our Service(s)s.

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1.  About us.

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1.1  iParama enables E-commerce retailers and brands to significantly grow their online sales in Africa by offering shoppers a localized shopping experience. Our solution embeds advanced localization payment capabilities, streamlined international logistics, extensive local market knowledge, in-country customer support, and marketing to grow their value in Africa.

 

1.2  We are closely collaborating with third parties in order to provide You with Our Services. We do not have control or assume the liability or legality for the products or Service(s)s that are sold and shipped through the usage of Our Services by User(s).

 

1.3  We are not a bank and do not offer banking Service(s)s as defined by the Bank of Ghana (Amendment) Act, 2016.

 

1.4  www.iparama.com  (used by You to sign up for a Merchant account) and www.portal-iparama.com (which will be used by You to manage your Account(s)) are Websites operated by iParama Ghana Ltd. Our payment partner (ExpressPay Ghana Ltd) is regulated by the Central Bank of Ghana as an Enhanced Payment Service Provider. We are registered with the Registrar of Companies under the number CS124720521.

 

1.5  We shall not process the payment(s) for any product purchased and/or Service(s)s sought which are deemed illegal and/or prohibited under the law.

 

1.6  Kindly note that in order to process certain payment(s)/ transaction(s), the User may require pre-approval from us.

 

 

2. Changes to these terms.

 

2.1  We may revise these T&C at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on You.

 

3. Who may use Our Services.

 

3.1  You may use the Services only if You agree to form a binding contract with iParama and are not a person barred from receiving Service(s)s under the laws of the Applicable Jurisdiction. If You are accepting these T&C and using the Services on behalf of a company, business, or organization, You represent and warrant that You are authorized to do so.

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4. Eligibility

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​4.1  By using iParama’s Services, You represent that:

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4.1.1. You have attained the age of 18 years old.

4.1.2. You are of sound mind and have the capacity to enter into a legally binding contract.

4.1.3 All personal information that You provide about yourself is accurate and true to the best of your knowledge, and You have the responsibility to maintain the accuracy of the information at all times.

4.1.4  You have carefully considered the risks involved with using the Services.

4.1.5  Your use of the Services does not violate any Applicable Law.‍

4.1.6  You have a duly established entity and a valid trade license in the Territories.

 

 

5. Intellectual property rights.

 

5.1  We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

 

5.2  You may print or download extracts of any page(s) from Our Website for your personal use and You may draw the attention of others within your organization to content posted on Our Website. 

 

5.3  You must not modify in any way the paper or digital copies of any materials You have printed off or downloaded, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

 

5.4  Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged. 

 

5.5  You must not use any part of the content on Our Website for commercial purposes without obtaining a license to do so from us or Our licensors. 

 

5.6  If You print off, copy or download any part of Our Website in breach of these T&C, your right to use Our Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

 

 

6. Limitation to Liability.

 

6.1. Please be advised that we will not be liable for any: 

6.1.1  loss of profits, sales, business, or revenue; 

6.1.2  business interruption; 

6.1.3  loss of anticipated savings; 

6.1.4 loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage;

6.1.5  to any tech interruption.

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6.2  We will also not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website and/or any third-party(s) Website linked or to your downloading of any content on it, or on any Website linked to it. 

 

6.3  We assume no responsibility for the content of Websites linked to Our Website. Such links should not be interpreted as endorsements by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.

 

7. License Grant and Right of Access.

 

7.1  Within the frame of its Services iParama grants to the User a non-exclusive, non-transferable right to use the Platform for as long as the User, with regard to other provisions of the Policy, is granted a right to use the Platform Service by iParama.The User is entitled to use the Platform which is provided through publication on the internet solely for the purposes as described in this Policy.

7.2 The User’s right to use the Platform will automatically cease in the event of a material breach by the User of any of its obligations under these Policy or any contract between the User and iParama; or termination of the contract.

7.3 The User may not assign, sub-license or otherwise transfer any rights or obligations in these Policy to any other person.

 

8. Contact us.

 

8.1 To contact us in relation to these T&C, please email admin@iparama.com stating in the subject matter of your email ‘Question and Website T&C’. 

 

Thank you for visiting Our Website.

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Payment and Shipment Terms

 

1. User registration and Account protection.

 

1.1  Account creation

 

1.1.1  While You can browse the site and utilize the Checkout without creating a user Account (“Account”), accessing and utilizing Our Service(s)s requires You to have an Account. In creating an Account, You must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address that functions as your username, and a password, subject to certain requirements. Each Account registration is for a single user only. You shall not misrepresent your identity or your affiliation with any person or organization, and You are not allowed to use another user’s Account for any purpose whatsoever.

 

1.1.2  You may access the profile associated with your Account (“Profile”) on the Website when You are logged in. When You access your Profile, You can edit certain information, including your email address and password or any additional information. You can also contact us directly at Merchantregistration@iparama.com to edit your information. Your responsibility is to ensure your contact information is accurate and up to date.

 

2. Account protection.

 

2.1  You are responsible for maintaining the security and confidentiality of your username and password. You may not share your Account information with third parties or allow third parties to use your Account. If You believe an unauthorized person has obtained your password or accessed your Account, You must notify us immediately via email at admin@iparama.com. We will not be liable for any loss that You may incur due to someone else using your password or Account, either with or without your knowledge or permission. However, You may be held liable for any losses another related party, or We incur due to someone else using your Account.

 

2.2  We also reserve the right to terminate your Account if We suspect that your Account is used for fraudulent transactions. This shall be without prejudice to Our rights to make a report to law enforcement.

 

2.3  Consequently, You will not receive any further communications from us unless and until You create a new Account, or You otherwise request that we provide communications to You.

 

2.4  All provisions of the T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Note: iParama at its sole discretion shall terminate any Account if the User shall be inactive for more than 180 consecutive days calculated from the last Account login date.

 

3. Using the software to authorize payments.

 

3.1  For security and fraud protection, there is an initial limit on the amount You can authorize in a transaction, and there is an initial limit on the total amount You can authorize over a period of time. Additional periodic limitations are subject to increase or decrease at Our discretion. These periods could be as We deem fit in Our discretion.

 

4. Payment delay or refusal.

 

4.1 We reserve the right to delay, refuse and/or decline to make available to You payment services in the following circumstances:

 

4.1.1  If the Applicable Law prevents us from making the payments or if it requires us to carry out further due diligence before making the payment;

4.1.2  If You have not complied with the Terms in a way that we reasonably believe justifies us delaying or refusing the payment;

4.1.3  If processing the payment contradicts any portion of these Terms or if your instruction does not contain the requisite information for us to make proper payment;

4.1.4  If You breach any terms of Our Merchant Terms of Service;

4.1.5  If the transaction volume is not aligned with the authorized limits;

4.1.6. If your profile details provided do not match Our requirements;

4.1.7  If we find that an insolvency order has been made against us by a court; or

4.1.8. If we have suspended your Account.

 

4.2 You will get a notification when we refuse and/or decline to make available to You payment services, and You may contact us through customersupport@iparama.com or Our other established channels to get clarity and resolve the issue.

 

4.3  iParama will not be responsible for any direct or indirect losses which You may suffer as a result of the exercise of Our rights to delay or refuse payments into your Accounts.

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4.4  You also acknowledge that Your customers may be experiencing declined transactions while purchasing on your e-commerce platform using iParama due to: 

 

4.4.1  Merchant e-commerce platform technical failure;

4.4.2  iParama Payment solution technical failure.

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4.5. Your customers may also be experiencing declined transactions while purchasing on your e-commerce platform due to banking and regulatory measures as per the below:

4.5.1  Insufficient funds from the cardholder issuing bank; 

4.5.2  Compliance know-your-customer considers the cardholder as a highrisk profile;

4.5.3  Cardholder and the card are considered part of the sanctioned countries upon MasterCard, Amex, and Visa guidelines; 

4.5.4  The Card provided by the Cardholder issuing bank is not allowed to make any purchase online;

4.5.5  The Card used is a 2D card not supported by our payment solution.

 

5. Foreign exchange fluctuation.

 

5.1  Exchange rates constantly fluctuate and thereby give rise to risk and uncertainty. We will publish the applicable exchange rates at which We settle transactions. You agree that your transactions on the Platform shall be affected and settled at the prevailing market rate in freely convertible currency on the date of transaction. For the avoidance of doubt, this means that at certain times, the exchange rate at w  hich You make deposits will not be the exchange rate at which your withdrawals will be settled. 

5.2  Without prejudice to the foregoing, You agree that You will not trade, hedge, or participate in any foreign exchange-related activity that will impair the delivery of Our Services or interfere with the use of Our Services by other persons. 

 

6. Reversal of payment.

 

6.1. iParama reserves the right to reverse funds that have been disbursed in a transaction where:

6.1.1  There is suspicion of fraud or any fraudulent related activity;

6.1.2 The payment scheme, funding source, or other financial institution refuses to settle the transaction;

6.1.3  The transaction amount was, in fact, not authorized; or

6.1.4  Any other circumstance(s) iParama deems necessary at its sole discretion.

 

7. Logistics.

7.1  By using Iparama’s logistic solution for your shipment(s), you “Merchant”acknowledge and consent to the following: 

7.1.1  Logistic Failure

7.1.1.1 While using iParama’s logistics solution, we may face obstacles to delivery your shipment, such as:

7.1.1.1.1  Delay;

7.1.1.1.2  Failure to perform our services;

7.1.1.1.3  Delivering a damaged packaging;

7.1.1.1.4  Your shipment may be lost;

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7.1.2  Following an investigation and collaborative work with you, iParama Ghana LTD’s liability for any failure exclusively described above shall be limited to the lesser: (1) value of the shipment or (2) one hundred US dollars ($100) for international shipment, or twenty-five US dollar ($25) for domestic shipment.

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7.1.3 It is highly advisable to your customers to subscribe to our shipment 100% guarantee delivery solution “Satisfied or Refund” to avoid any Logistic Failure, not applicable on Logistics External Events. Additional fee applicable on case by case basis. 

 

7.2. Logistic External Events.

7.2.1  Other external events may occur and delay the delivery of your shipments to your customers as the following:

7.2.1.1  Force Majeure Event;

7.2.1.2  Non-compliance by Merchant with the guidelines of the country of destination;

7.2.1.3  Any shipment considered by the authority from the country of origin or the country of destination as contrary to the applicable law, ethics, regulations and usages.

7.2.1.4  Default to provide accurate information and documents for any custom screening;

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7.3. NOTE: BY USING OUR SERVICES, YOU ACKNOWLEDGE AND CONSENT THAT IN NO EVENT IPARAMA GHANA LTD SHALL BE LIABLE IN PART OR IN WHOLE, FOR ANY LOSS OR CLAIM, DIRECT OR INDIRECT, DUE TO ANY LOGISTIC EXTERNAL EVENT AS DESCRIBED IN CLAUSE 7.2. UNLESS BEING ANY EVENT AS DESCRIBED IN CLAUSE 7.1.1.

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7.4  Any shipment deemed subject to return and/or refund to a merchants’ customer must be in alignment with the Merchants Terms and Conditions. 

 

8. Prohibited use of the Services.

 

8.1. By using the Services, You agree that You will not:

 

8.1.1  Use any of the Services in violation of these Terms;

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8.1.1.1  Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, the Checkout or Shipping function, or otherwise attempt to discover any source code or allow any third party to do so;

 

8.1.1.2  Use, display, mirror, or frame the Content, or any individual element within the iParama’s Site, iParama’s name, any trademark, logo, or other proprietary information belonging to iParama, or the layout and design of any page or form contained on a page in the Site, without iParama’s express written consent;

 

8.1.1.3  Dilute, tarnish or otherwise harm iParama’s brand in any way, including through unauthorized use of Our Content, registering and/or using the “iParama” name or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to iParama’s domains, trademarks, taglines, promotional campaigns or Content;

 

8.1.1.4  Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Services, or any part thereof;

 

8.1.1.5  Use any including but not limited to page-scrapes, “robots," “spiders,” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy or monitor any portion of the Site.

 

8.1.1.6  Use the Services in any manner that damages, disables, overburdens, or impairs the Services or interferes with any other party’s use and enjoyment of any of the Services;

 

8.1.1.7  Utilize the Services for any illegal purpose(s);

 

8.1.1.8  Attempt to gain unauthorized access to any of the Services;

 

8.1.1.9  Probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site;

 

8.1.1.10  Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site;

 

8.1.1.11  Use any device, software, or routine to interfere or attempt to interfere with the proper working of any of the Services.

 

8.1.1.12  Use Our Platform or any of Our Services to trade, hedge, or otherwise take advantage of the fluctuations between currencies. You also agree that You will not participate in any forex-related activities that will abuse, impair the delivery of Our Services or interfere with Our or any other person’s use and enjoyment of any of the Services. 

 

8.2  We reserve the right to deactivate your Account indefinitely if your Account is flagged for being involved in any of the above-mentioned activities.

 

 

9. Declined Lines of Business Policy.

 

9.1  You may not use the iParama Services for activities that

 

9.1.1  Are inappropriate content, goods or Services that promote, cause or further hate/violence/racism/religious persecution;

 

9.1.2  Calling cards;

 

9.1.3  Gases: aerosol cans, cigarette lighters, camping gas cylinders - full or empty, fire extinguishers, etc;

 

9.1.4  Drug paraphernalia, prescription, including but not limited to Illicit substances, narcotics, steroids, tobacco and certain controlled substances or other products that present a risk to consumer safety;

 

9.1.5  Fake/dummy/replica/game/toy weapons, paint ball guns, bullet ball guns, antique weapons, swords, knives, etc;

 

9.1.6  Explosives including fireworks;

 

9.1.7  Foodstuff, plants/seeds;

 

9.1.8  Hazardous cosmetics and creams;

 

9.1.9  All Liquids (also any form of chemicals, and oils included in machine parts, etc.);

 

9.1.10  Encourage, promote, facilitate or instruct others to engage in illegal activity;

 

9.1.11  Hosting/sharing hosting / sharing and cyber lockers;

 

9.1.12  Live or dead animals;

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9.1.13  Infringe any duly registered copyrights/trademarks or other violation of intellectual property rights;

 

9.1.14  Flammable liquids and solids: paint, alcohol, perfume, matches, petrol, kerosene, cleaning fluids, combustible substances: matches, etc;

 

9.1.15  Toxic, irritating substances, poisonous, and infectious substances: pesticides, infected blood, etc.

 

9.1.16  Involve the sale of products or service(s)s identified by government agencies to have a high likelihood of being fraudulent;

 

9.1.17  Involve offering or receiving payments for the purpose of bribery or corruption any form of high yield financial investments (get rich quick schemes);

 

9.1.18  Items that encourage, promote, facilitate or instruct others to engage in illegal activity;

 

9.1.19  PC support sold via outbound telemarketing;

 

9.1.20  Corrosives: mercury - including thermometers, bleach, nail polish and remover, nitric acids, battery fluids, batteries (lithium, consumer batteries, car-boat-machine batteries) etc;

 

9.1.21  Perishable goods;

 

9.1.22  Oxidizing substances: hair dye, disinfectants, fertilizers, etc;

 

9.1.23  Radioactive substances;

 

9.1.24  Bank cheque(s) / bearer(s), money, payment cards, money orders, traveler cheques, etc;

 

9.1.25  Miscellaneous dangerous substances and articles like: dry ice, strong magnetized material, etc;

 

9.1.26  Penny and reverse auctions;

 

9.1.27  Articles of exceptional value: like jewelry, precious metals and stones, diamonds, works of art, antiques, bullion, works of art, antiques, items of a fragile nature, etc;

 

9.1.28  Pornography and other obscene materials;

 

9.1.29  Pyramid or ponzi schemes, matrix programs;

 

9.1.30  Relate to the sale of dangerous or hazardous goods;

 

9.1.31  Sale of government identitys’ or documents;

 

9.1.32  Stolen goods including digital and virtual goods;

 

9.1.33  Transactions involving fraudulent / deceptive marketing practices;

 

9.1.34  Violate any law, statute, ordinance or regulation;

 

9.1.35  Weapons, firearms and ammunitions including but not limited to ammunition, dismantled firearms, vision enhancement/zooming equipment, precision and aiming equipment and distance measurement equipment;

 

9.1.36  Click Farms.

 

 

10. Infringement Reporting Policy.

 

10.1  It is our policy to take appropriate action where necessary to remove from our Services or to disallow the use of our Services in connection with material that is claimed to be infringing. If You are an intellectual property rights owner and You believe a Website or a webpage using our Services sells, offers for sale, makes available goods and/or Services, or otherwise includes content or materials that infringe your Intellectual Property Rights, then please contact us at support@iparama.com stating in the subject matter of your email ‘Infringement Report’.

 

11. Disclaimer and limitations of liability.

 

11.1  To the maximum extent permitted by Applicable Law, iParama disclaims any and all representations, warranties, and conditions relating to the Services and the use of the Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

11.2  iParama makes no representations about the suitability, reliability, availability, timeliness, security, or accuracy of the Site and its content for any purpose. The Site and content are delivered on an “as-is” and “as available” basis. The content may include inaccuracies or typographical errors, or other errors or inaccuracies and may not be complete or current.

 

11.3. In no event shall iParama be liable or responsible for any direct, indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based.

 

11.4  Your sole remedy against iParama for dissatisfaction with the Services is to stop using any or all of the affected Services.

 

11.5  Without prejudice to the foregoing provisions, your use of our site and Services is at your own risk. You agree that iParama will in no way be liable for any direct, indirect, special, incidental, punitive, consequential, punitive, special, or exemplary damages. Fo any damages whatsoever in excess of the amount of the transaction or (USD 1,000) one thousand USD, whichever is lesser (including, without limitation, those damages resulting from revenue loss of revenues, lost profits, profit loss of, use, data, goodwill, loss of use, business interruption, or any other intangible losses as a result of iParama’s negligence), (whether iParama has been advised of the possibility of such damages or not) arising out of or in connection with iParama’s Website or Services (including, without limitation, use, to inability to use or arising from the results of the use of iParama’s Website or Services) whether such damages are based on warranty, contract, tort, statute, or any other legal theory.

 

11.6  The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, 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.

 

11.7  Some jurisdictions do not allow the exclusion of or limitations on implied warranties so some or all of the above exclusions and limitations may not apply to You.

 

12. Indemnification.

 

12.1  You agree to indemnify, defend and hold harmless iParama, its affiliated companies, employees, officers, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services or any violation by You of these Terms.

 

 

13. Governing law and Jurisdiction.

 

13.1  These T&C shall be interpreted and governed by the laws currently in force in the Republic of Ghana. We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms, which cannot be settled by mutual agreement/negotiation within 1 (one) month, shall be referred to the courts of Republic of Ghana as the exclusive jurisdiction for any legal action, suit or proceeding arising out of or in connection with this Terms and/or any Agreement included in this Terms.

 

14. Severability.

 

14.1  If any portion of these T&C is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these T&C and shall not affect the validity or enforceability of any other part in this T&C.

 

15. Assignment.

 

15.1  This Policy is a personal agreement between iParama and You. As a result, You are not allowed to assign your rights under this agreement to a third party. On the other hand, We can and will only transfer any of your and our rights or obligations under the agreement if We reasonably think that this won’t have a significant negative effect on your rights under these Terms or if We need to do so to fulfill any legal or regulatory requirement. ‍

 

16. Waiver‍.

 

16.1  Our failure or delay in enforcing any of our rights under these terms, if You have broken the agreement, does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by Applicable Law.‍

 

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Contact us if You have any queries or require any assistance at support@iparama.com

 

 

Last updated in October 2022.