Terms of Sales

Wari, a public limited company with a capital of 3.000.000.000 CFA francs, whose registered office is located at Rue des Sarrasins Above, Lomé, Republic of Togo, registered with the Register of Companies and Liens of Lomé under number RCCM TG-LOM 2015 B1717, with tax ID number 1000576133, makes available to Users the Platform accessible via the Website and the Application allowing Members to use the Services to which they subscribe.

Card Transactions for the EEA are acquired through Transaction Services International 91 Boulevard National 92250 La Garenne-Colombes (FRANCE) who is the « Merchant of Record ».

These General Conditions of Sale (hereafter referred to as the “GCS”) establish the rules for use of the Services and supplements the rules of use and operation of the Platform provided for in the General Conditions of Use (chereafter referred to as the “GCU”) as well as the Confidentiality Policy, which form with these GCS the contractual arrangement enforceable against Members.

The terms defined below beginning with capital letters and used both in the singular and plural, will have the following meaning:

“Application(s)”: refers to the computer programme(s) allowing access to the Platform from a smartphone or tablet operating under the iOS and Android operating systems.

“Beneficiary”: refers to any person who benefits from the execution of a Service carried out by a Member. The Member acknowledges that the Beneficiary, who is a natural person, must be eighteen (18) years of age or more and be an adult under the regulations of their country.

“Bank Card”: refers to a debit or credit card that is recognised and accepted by banking institutions:

• issued by or through a banking institution; and
• of which the Member is the bearer and the owner.

“Account”: refers to one of the pages included in the Member’s Personal Space and on which their Data is stored, that they have filled in as part of their Registration and subsequently updated, if and where appropriate. This Account is strictly personal, individual, non-assignable and non-transferable by the Member.

“Data”: refers to the information provided directly or indirectly by the User within the context of use of the Platform, notably when browsing, during Registration and when creating their Account. The User guarantees that the information provided is both accurate and up-to-date information, in particular concerning their identity and details.

“Personal Data”: refers to any information relating to a natural person identified or who may be identified, directly or indirectly, by reference to an ID number or to one or more elements which are specific to the person.

“Personal Space”: refers to the page(s) stored on the Platform reserved for Members and accessible by the relevant Member via the Website and/or the Application through their username and password. This space includes the relevant Member’s Account as well as any information relating to the Services to which the Member has subscribed, in particular information relating to their identity, the history of their transactions, data stored by third parties, etc. allowing the Member to access and use the Services under the conditions and limits provided for by the applicable legislation and by these GCS. 

“Public Space”: refers to the pages stored on the Platform freely accessible to any User (including non-Member users).

“Service charges”: refers to the charges and fees which are deducted automatically by WARI from each Transaction made by the Member on the Platform in exchange for the Service. The amount of Service Charges is scalable and will be set by WARI depending on the relevant Service and specified to the Member within the context of the Transaction.

“Registration”: refers to the submission process for creating an Account by a User on the Platform in order to benefit from all or part of the Services under the conditions and limits provided for in these  GCS.

“Member”: refers to any natural person who, wishing to benefit from the Services, has created an Account. The Member, who is a natural person, acknowledges that they are eighteen (18) years of age or more and are an adult under the regulations of their country and that they are able to enter into an agreement/contract within the context of the acceptance of these GCS. WARI reserves the right to request, at any time, from the Member any document allowing to justify the declarations of the latter, in particular concerning the required age.

“Platform”: refers to the solution called “WARI” that is accessible via the Website or via the Application. The Platform, comprising the Public Space and the Personal Space, aims to provide Members with an interface enabling the supply of the Services in accordance with these GCS.

“Services”: refer to all of the services provided by WARI to its Members through the Platform. These Services are listed in these GCS, in the “Scope of the Services” Article and described in more detail in WARI’s Service Offer (hereafter the “Service Offer”). 

“Website”: refers to the website that is accessible at the address and which includes the Platform.

“Support”: refers to Wari’s support portal that is accessible to Users via the “Questions?” tab.

“Transaction”: refers to any financial transaction initiated by the Member through the Platform for the use of a Service.

“User”: refers to any person accessing the Platform without distinction, including unregistered Members and visitors.

These GCS aim to define the conditions under which WARI provides Services to Members who subscribe to them and grants Members a personal and non-transferable right of access to the Platform, all within the context of an obligation of means and subject to compliance with the GCS and GCU by the Members.

The GCS shall come into force from its acceptance by the Member upon subscribing to a Service for the relevant Service.

The GCS will remain in force for each Member for the duration of use of the Services and/or until they are terminated for any reason whatsoever under the conditions of the “Suspension / Closure / Termination” Article hereafter.

To use the Services, the Member must follow the following steps:

6.1 Registration

Creation of the Account

The User must:

- create a Personal Account and, to do so, complete the registration form provided for this purpose on the “Account Creation” tab;

- complete and send accurate, complete and updated information. Failure to provide complete and genuine information that has been requested and to send a scan of currently valid proof of identity at the time of Registration means that the User will alone be responsible for the consequences and may be refused or interrupt access to the Services;

- guarantee the accuracy of all of the information provided: WARI reserves the right to request any other supporting document and may under no circumstances be held responsible due to any false information submitted by one of its Users. 

For more clarification concerning the collection of Personal Data, the User must consult the “Confidentiality Policy” accessible at the following address.

Each Member is responsible for the confidentiality of all of the Data transmitted on the Platform, including within the context of the Services, such as their username, password and any information indicated during their Registration and any information relating to Beneficiaries.

• Verification

The User acknowledges and accepts that Wari may, at any time and with or without reason,:

- carry out a check of the user’s identity from the Data provided when creating the Account and/or during its subsequent modification; with it being understood that the absence of verification may not be interpreted as validation of the relevant identity.

- transmit this Data to information agencies and carry out checks on the User’s filing, notably within the context of the prevention of money laundering and the financing of terrorism. This procedure will not result in checking the Member’s solvency.

WARI informs the User (and, in particular, the Members) that it reserves the right, at any time and for any reason whatsoever, to implement any means allowing to suspend or delete the Account without prior notice, notably in case of the User providing a false or suspicious identity and/or if it results from the User’s identity that it is on file with intelligence agencies.

For more clarification concerning the purpose of the Personal Data collected, the User must consult the “Confidentiality Policy” accessible at the following address.

6.2 Access to the Services

The Member’s Registration allows them to access the Platform with their username and password created at the time of said Registration and to access their Personal Space in order to manage their Account and access the Services described in more detail in the Service Offer, namely:

- The Services specific to Wari such as payment of bills, phone credit, releasing of funds, etc.;

- Third-party Services which the Member accesses through Wari’s Platform such as: TV highlights, Insurance, third-party websites, etc.)

Wari reserves the right, without justification, to refuse or terminate access to the Services to any User whether it is in advance (before finalisation of Registration) or retrospectively, in particular if Wari suspects fraud or non-compliance with these GCS or GCU by the relevant User.

• Security:

For each Transaction:

- WARI makes available to the Member a customised security system, in the form of a unique confidential code for each Transaction (hereafter the “Confidential Code”);

this Confidential Code is placed under the sole protection and responsibility of the Member who must keep this confidential code secret and not communicate it to anyone whomsoever, except to the Beneficiary if necessary;

the Confidential Code will be sent to the Member by e-mail and SMS text message according to the details provided in their Account.

- The Beneficiary must give their consent by supplying the Confidential Code and the copy of their proof of identity. From this moment, the payment order is irrevocable.

• Terms & Conditions:

In the event that the funds are not directly transferred to the bank account of the Beneficiaries or to their Wari Account during a Transaction, money withdrawals are possible for the financial partners who are authorised by Wari to issue funds within the limits displayed during the Transaction procedure. 

These financial partners can be found on the “Location” page of the Website and the Application.

The withdrawal of funds is possible within the limits of the balance to which the Confidential Code is connected, minus any withdrawal fees and/or exchange fees.

The payment of certain Transactions may be delayed due to the application of laws applicable in the countries where said transactions are taking place.

• Conversion:

All currencies converted through the Service are converted:

- at the time when the Transfer is initiated, according to the currency amount indicated to the Member;

- for fund withdrawal transactions made outside the sending zone (if the payment currency of the Member’s country is different to that of the country in which the Beneficiary receives the sum); 

- according to the exchange rate indicated to the Member on the processing date when the Confidential Code is generated by WARI.

It is possible that the exchange rate applied by Wari to the Transaction is less favourable than the exchange rate at which the currency is purchased by Wari. In this case, this difference results in a profit for Wari in addition to the Service Charges.

• Cancellation and reimbursement:

WARI will reimburse the amount of the Transaction, minus any Service Charges, upon the Member’s written request, to the attention of Support, under the sole following conditions:

- The Member cancels the Transaction before transfer of the funds when no fraud is detected: the funds must not have been transferred and the Member must not yet have been debited;

- The Member cancels the Transaction before transfer of the funds when a fraudulent action is detected: the funds must not have been transferred and the Member must not yet have been debited;

- The Transaction is refused by WARI before transfer of the funds;

- The funds have not been delivered to the Beneficiary due to a problem beyond WARI’s control, thus making it impossible to carry out its contractual obligations.

- The Beneficiary refuses the funds.

The Transaction amount to be received by the Beneficiary is guaranteed for ninety (90) days from the Transaction request date. If the Transaction amount is not claimed before the expiry of this ninety (90)-day period, it will be downgraded. The Member may then start a reimbursement request procedure with Support not exceeding one (1) year from the expiry of this ninety (90)-day period. Beyond this period, the transfer may not be reimbursed to the Member.

The Member notably guarantees that:

• they have provided complete, sufficient and accurate information, including concerning the Beneficiary/Beneficiaries, which they update, if necessary, and that they do not use proxy anonymization;
• they will provide accurate, current and complete proof of their identity and/or that of the Beneficiary if this proof is requested from them;
• they have checked beforehand the accuracy of all of the Data, including that of the relevant Beneficiary/Beneficiaries, and of the information relating to the Transaction before initiating it;
• they use the Platform and the Services in compliance with these GCS and the GCU  as well as in compliance with the currently applicable legal provisions and within the limits of what is provided for these Services (as described in detail at www.mywari.com); 
• they will not use the Platform and/or the Services for illegal purposes, contrary to the currently applicable legal or statutory provisions (including any decision / opinion / recommendation from a governmental or administrative authority);
• for each Transaction, they will pay Service Charges in addition to the amount of the Transaction made;
• they and the Beneficiary are acting on their own behalf;
• they are not known to government services of a country or an international organisation for cases of money laundering or terrorism. 

In particular, the Member is prohibited from:

• making or receiving payments derived from gaming services, gaming tokens, illegal games of chance or gaming credits;
• carrying out any act of money laundering or misappropriation of funds;
• making any Transaction comprising a sum of money resulting from an offence or crime;
• making any Transaction in order to finance an illegal activity (corruption, terrorism, fraud, etc.);
• opening several Accounts without having previously obtained WARI’s specific written authorisation;
• making any Transaction which would tarnish Wari’s reputation and/or its Services or that of third parties;
• carrying out any action intending to circumvent tax legislation or any other form of legal, statutory or judicial obligation.

The Member undertakes to immediately alert Wari, notably in case of:

• loss or disclosure of their username, password or one or more Confidential Code(s). Failing this, access, use of their Personal Space and Transactions made will be considered as having been done by them;
• any risk identified for the security or breach of these GCS or the GCU recorded;
• any change in their Data and that of the Beneficiaries, notably concerning bank accounts, by sending WARI the documents required for verification;
• any court-ordered decision or decision by the banking institution, to include it on any banking prohibition list or other events which may have consequences on the solvency of their bank accounts and notably the account indicated on their Account for Transactions.

Any Transaction made in breach of the GCS, the GCU and, more specifically, this Article, is likely to be cancelled, suspended or blocked by WARI, as well as resulting in the closure or suspension of the Member’s Account as defined in the “Closure / Suspension / Termination” Article. 

Wari reserves the right:

• to act against the Member making Transactions in breach of these GCS, as well as
• to definitively keep the amount of the disputed Transactions, notably in the event of a court-ordered action or in case of payment arrears, and
• to report these disputed Transactions to the competent authorities.

Subject to the exclusions provided for by law and notably by the Consumer Code, the Member may, according to the relevant Service, have fourteen (14) days to exercise their right of withdrawal from the acceptance of these GCS, without having to justify their decision. 

To exercise this right of withdrawal, if provided for by law, the Member will have to notify it in writing by post to the following address: immeuble Wari 20, Rue Amadou Assane Ndoye Dakar – Senegal, or by e-mail to: customercare@remove-this.wari.com 

The Member acknowledges that, in case of exercising the right of withdrawal, it concerns only the amount of the Transaction, minus any Service Charges for the relevant Service.

However, the Member is informed and expressly acknowledges that they may not use their right of withdrawal for the Services in the following cases: 

• goods or services whose price depends on market exchange rates,
• goods produced at the request of the Member or clearly customised (bank card…),
• services fully carried out before the end of the withdrawal period or whose execution has started, with the Member’s agreement,
• digital content provided on a virtual medium whose execution has started with the Member’s agreement and for which the Member has waived right of withdrawal.

10.1 Terms of payment

The Member may pay the Transactions either by:

• Bank Card;
• Discount Voucher System;
• Wallet;
• Wari Pass.

As part of the prevention of internet fraud, information relating to banking data may be transmitted to any third party authorised by law or by a court-ordered decision or even to any third party appointed by Wari for the sole purpose of checking the Member’s identity and/or the prevention of fraud. 

10.2 Transaction receipt

For each Transaction, a “transaction receipt” will automatically be sent by e-mail to the Member and appears in their Personal Space at the end of the Transaction (hereafter the “Transaction Receipt”). This Transaction Receipt will specify, among other things, the date of the Transaction, amount, status (pending, failed, etc.) and the nature of the latter.

In the absence of receiving the Transaction Receipt within forty-eight (48) hours by e-mail and appearing in the Personal Space, the Member must report this failure to Wari within one (1) month from the date of the Transaction, so that Wari can investigate the reasons for this failure. Wari cannot be held responsible for the failure to receive a Receipt or for these consequences if they have not been reported and/or if they are due to an external cause beyond Wari’s control or to a case of force majeure.

10.3 Service charges

For each Transaction made within the context of these Services, with the exception of “Wari pass” and “Ambassador”, the Member is required to pay Service Charges to Wari. These Service Charges will be charged under the following conditions.

For each Transaction, Wari will deduct the Service Charges indicated when processing each Transaction. The payment of Service Charges is done when the Member validates the Transaction.

The Member expressly authorises Wari to deduct Service Charges from their account for each Transaction.

Insofar as it is legally permitted, Wari will deduct management fees in addition to Service Charges received on Transactions for which the funds have not been recovered within ninety (90) days by the Beneficiary, for a period of one (1) year from the date on which they were made. 

11.1 The Member’s Liability

The Member is responsible for the permanent confidentiality of their username, password and Confidential Code as well as all information indicated when creating their Account and distributed/stored on the Platform.

The Member is also responsible for the origin and destination of the Transactions made through the Platform. As such, the Member guarantees Wari of the legality and compliance with these GCS of the funds which are transferred as part of the Transactions.

The Member guarantees and protects Wari against any action or claim regardless of the grounds, form or person behind this action caused wholly or partly by a breach of one of its obligations provided for in the GCU, GCS and Confidentiality Policy (hereafter the “Action”). 

Consequently, the Member is liable for all negative consequences resulting for Wari from the Action, and, in particular, the amount of any conviction issued against Wari in connection with the Action, or the amount charged to it as part of an out-of-court settlement of the Action and the amount of any fees (including consultancy and legal fees) incurred by Wari when submitting its defence as part of the Action.

11.2 Wari’s Liability

Wari acts as a simple technical intermediary within the context of the Transactions.

Wari undertakes to do everything possible in order to provide the Services within the context of an obligation of means and its liability is limited to the sole direct and foreseeable damages resulting from a fault that is solely attributable to it.

As a simple technical intermediary, Wari is solely responsible for the smooth running of the Platform, in particular for the proper execution of payment transactions made by the Member.

Wari’s liability is limited solely to any direct and foreseeable damages and may be invoked by the Member only in case of the demonstration of a fault that is solely attributable to Wari.

In any event, Wari’s liability to any Member, regardless of the nature, grounds and procedures of the action which may be initiated, for any Account and access, all Services, all operative events or any loss and damages combined, may not exceed the total amount of the price paid by the Member for the transaction in question.

The Member acknowledges and expressly accepts that this amount reflects the shared risk between the Member and Wari, and the resulting limitation of liability. They also acknowledge and accept that the amount of the limit accepted under the terms provided for in this Article is not derisory and does not contradict the scope of Wari’s essential obligation by virtue of these GCS.

• Wari shall, in no event, be held liable notably:
• in the event that the information indicated by the Member is false or incomplete;
• in case of non-compliance with the GCU and GCS by the Member when using the Services;
• for goods or services paid using the Services;
• in case of late or incorrect execution or failure to execute related to the means of communications used by the User;
• in case of a transaction, intentional or not, which is illegal or whose funds are of an illegal nature or origin or are in breach of these GCS or GCU;
• in case of force majeure as defined in the “Force Majeure” Article or any other event that is beyond Wari’s control.

The Member is reminded that they are responsible for taking all necessary precautions, notably against the risks of a security breach of their Data, and for implementing any action that is able to prevent further damage in case of loss.

It must be noted that Wari does not provide the media and connections to telecommunication networks which are necessary for accessing the Services or any other resource and/or equipment necessary. The Member acknowledges that they are responsible for obtaining all the necessary means and resources for accessing and using the Services.

12.1 Suspension of the Services and Account

Wari reserves the right to suspend the Services and the Account of a Member without compensation and, if necessary, without notice, depending on the seriousness of the events, if the Member breaches any of their obligations under the GCS, including their obligations subscribed under the GCU which supplement the GCS. In such a case, Wari will send the member an e-mail informing them of the reasons and procedures for this suspension. 

From the date of suspension indicated in the e-mail, the Member has fifteen (15) days to remedy said contractual breach or pay the sums owed; failing this, Wari will have the right to terminate the Account in accordance with the Article hereafter.

Wari will reactivate the Account once the Member has complied or if they are no longer the subject of an ongoing investigation / inquiry by Wari or any other authority with jurisdiction.

In case of the death of the Member and once Wari has been informed of this, the Member’s Account will be blocked and no Transaction, following the death, may take place until there is proof of the heirs or instructions from the notary tasked with the inheritance have been received.

12.2 Closure of the Account and termination

• By the Member

The Member has the right, at no cost, to close their Account at any time by contacting Support at the website www.mywari.com via Support, accessible via the “Questions?” tab.

Closure of the Account results in the immediate payment of their balance. Once all of the sums have been paid, Wari will definitively close the Member’s Account.

Any credit balance of the Account will be set aside for the period defined by the currently applicable legal and statutory provisions, from the closure of the Account.

• By Wari

In case of serious breach by the Member of one of their contractual obligations, Wari may send a registered letter with acknowledgement of receipt notifying the breach in question (hereafter the “Letter of Notification”). 

Wari may automatically terminate all or part of these GCS and close said Member’s Account by sending a registered letter with acknowledgement of receipt indicating the effective date of termination (hereafter the “Letter of Termination”). 

Termination will take effect at the end of a thirty (30)-day period following the Letter of Termination.

12.3 Effects of the closure and termination 

In case of the termination of all or part of these GCS, the Member acknowledges that:

they must make sure that they have paid all of the sums owed to their Account, notably Service Charges;

pending Transactions will be cancelled; 

they may no longer use the Services provided on the Platform;

From the date of termination, Wari undertakes:

within ten (10) days, to inform the Member of the option to withdraw all of the funds from their Account that are not disputed or subject to an ongoing legal procedure;

- the sums will be made available to the Member who may obtain payment of them subject to verification of the Member’s identity, during the legal period imposed by the currently applicable regulations.

restore or delete the Member’s Personal Data from their Account subject to their legal obligations.

Wari collects and processes Users’ Personal Data for managing and administering the Services, the Member’s Account and the Platform. 

The fields indicated by an asterisk [*] in the forms are mandatory fields. Failure to complete them means that subscription to the Services, Account creation or any other request made via the Platform may not be taken into account by Wari.

The User, and in fact the Member, has the right to access and correct their Personal Data, as well as the right of objection on legitimate grounds to the processing of their data. 

The procedures for processing and notably of information relating to the processing of personal data carried out through the Platform are explained in more detail in the Platform’s Confidentiality Policy.

Wari will not be responsible for any failure to execute or any delay in the execution of its obligations, if this failure to execute or delay is due to an event of force majeure, as defined by the case law of the French courts and tribunals.

Wari reserves the right to transfer to any other company the rights and obligations resulting from these GCS. The Member may not transfer to a third party the rights and obligations of these GCS.

The stipulations of the GCS which, by its nature or wording, are intended to continue to apply after its end date such as, notably, the “Liability” and “Applicable Law and Competent Courts” Articles, will remain in force for the period required for carrying out its purpose. 

If one or more stipulations of the GCS are deemed invalid or declared as such in accordance with a law, regulation or following a final decision of a competent court, the other stipulations will keep their full force and scope. 

If there are problems of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be disregarded and the content of the relevant clause will prevail.

These GCS and the documents to which they refer are governed by French law. 

In case of dispute, the Member undertakes to contact Wari as a priority in order to try and amicably resolve any dispute which may arise concerning the GCS.

FAILING TO REACH AN OUT-OF-COURT SETTLEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE GCS, EVEN IN CASE OF MORE THAN ONE DEFENDANT, WILL BE SUBMITTED, IF THERE IS A DISPUTE WITH A NON-TRADER, TO THE COMPETENT FRENCH COURT.