Terms and Conditions

1. Introduction

The provision of services by Sinam facilitating the purchase of prepaid mobile and/or data credit (“Top-up” ),  prepaid vouchers (“Vouchers”), Bills Payment, Prepaid Electricity  codes (“Prepaid Electricity”), TV  subscription Renewal ( “TV Renewal”)  (together the “Products”) (“Services”) relating to services to be provided by mobile telephone operators and other third parties through the website www.sinam.help ) and any associated Sinam mobile applications, present or future (together, the “Applications”) and your use of the Applications and access to the Services are subject to your acceptance of these terms and conditions (“Agreement” or “Terms”). By using the Applications, you expressly agree to be bound by these Terms.

Please read these Terms carefully before accessing or using the Services and Applications. You should print a copy of these Terms for future reference.

If you object to any of the terms and conditions of this Agreement or any subsequent modifications to them, or become dissatisfied with your use of the Applications or Services in any way, you may: a) discontinue your use of the Applications and/or Services; and b) close your virtual account (“Account”) by notifying us in writing by email or otherwise (see contact information below). No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.

2. Information About Us

The Applications are operated, and the Services are provided, by IT Solutions Center  Company (“Sinam”, “we” or “us”). IT Solutions Center is an Organization with registration number TG-LOM 2012 A 02  and has its registered office at 3198, Avenue Pya, Totsi. Lome-TOGO. Our Tax  Registration number is: 1000267165. Sinam is a business name of IT Solutions Center Company.

You can contact IT Solutions Center using the contact information set out at section  below.

All correspondence in relation to Sinam should be sent to 3198 Avenue Pya, Totsi, 05BP800 Lome-TOGO.

3. Registration

To use the Services, you have to register for an Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration you will be given an Account. When registering you may supply personal information, including your email address or phone number. You have to choose a password as well.

All data you provide to us as a customer will be treated in accordance with our Privacy Notice.

You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
You are entirely responsible for all activities which occur when using your email address, phone number and/or password (“Login Details”) in relation to your Account, including unauthorized use of your Account or any payment method including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details at Section 20 below if you become aware of any unauthorized use of your Login Details.

Login Details may only be used by a single user and are not transferable.

Please note that your Login Details may be used on all Applications. These Terms will apply to the use of Services on any of the Applications.

If you are under 16 years of age, you represent to Sinam that you have obtained a parent/guardian’s consent and that your parent/guardian has reviewed and agreed to these Terms prior to using the Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorized to accept these Terms on behalf of that employer, company or entity.

4. Your Data

Sinam will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Notice and Cookie Policy. These documents set out how we use and protect the information you provide to us. We recommend that you read the Privacy Notice and Cookie Policy carefully

5. Use of Services and Cost

You agree to use the Applications and Services solely in accordance with these Terms and to comply with applicable law and the provisions set out in these Terms.

You may not use the Applications or Services: (i) in violation of any law, statute, rule or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by Sinam in respect of the mobile phone operators and other service providers available on the Applications (which are subject to change and availability).

You will be required to input certain information (e.g. a receive mobile phone number, billing references) in respect of the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up, Deposit, Bill Payment, Prepaid Electricity or TV Renewal, you will then be required to select the amount of the service that you wish to be delivered.

The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. You may also be charged a secure online processing fee in respect of any Product you purchase through the Applications. If you choose to send an optional SMS provision notification, an additional message fee for this may apply.

6. Your Instructions

You shall ensure that all instructions provided to Sinam through the Applications are accurate, complete and true. In particular, the mobile phone number or billing reference, to which any Top-up is to be credited must be correctly identified. You shall ensure that any instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. Sinam and/or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.

7. Transactions Using Your Chosen Payment Method

You may purchase Products through Sinam’s Services using Visa, MasterCard, American Express, AMEX, PayPal, your wallet or any other payment methods available on the Applications from time to time. Any credit card, debit card or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider.

All your payments are processed by a payment processor for and on behalf of IT Solutions Center. All correspondence in relation to any Sinam service should be sent to 3198 Avenue Pya, Totsi, 05BP800 Lome-TOGO or to customercare@sinam.help.

Upon receipt of a proper and complete request from you for Services, Sinam will charge the payment method provided by you and will forward an electronic request to the relevant third party provider (e.g. mobile operator or issuer of Voucher) to provide the Products in the amount transferred, for the benefit of the recipient nominated by you.

You authorise Sinam to act upon any instruction to charge the payment method provided by you through the Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. Sinam is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as Sinam deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.

Sinam shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence with these Terms, the proper use of the Applications as instructed by Sinam, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.

8. Your Obligations

The equipment and devices necessary to access the Applications shall be provided and be maintained by you solely at your expense. If you access the Applications through a mobile device you may be charged by your mobile service provider for internet access on your device.

Sinam reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Applications.

You acknowledge that compliance with these Terms is designed to minimize the risk of unauthorized use of the Applications and harm to you, Sinam or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages to Sinam or any third party as a result of your failure to adhere to these Terms.

9. Withdrawal of Services

These Terms apply to every Product you purchase through the Applications.
Sinam may disable your Account and suspend or withdraw the use of the Applications and/or the Services provided through it:

(i) upon reasonable prior notice to you;
(ii) immediately upon breach by you of these Terms or where Sinam reasonably believes you are in breach of these Terms;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. Sinam reserves the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) immediately if Sinam reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Sinam from time to time.

These Terms do not have a minimum or finite duration and will continue to be binding on you for so long you as you have an Account with Sinam. You may cease using the Applications or Services and/or close your Account at any time without reason by giving Sinam written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

Sinam reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or suspension or withdrawal of the Services. Sinam is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

10. Your Contribution

Where you send Sinam any feedback, suggestions, ideas or other materials in relation to or via the Applications or the Services provided, you agree that Sinam can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to Sinam’s obligations as provided under the Privacy Notice.

11. Variations of the Terms

Sinam reserves the right to modify, amend or vary these Terms for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means, email or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to these Terms, to immediately cease using the Services and/or the Applications and/or close your Account by notifying Sinam in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the closure of your Account.

12. Notices

Save where expressly provided, any notice required to be given by you to Sinam in connection with these Terms shall be given in writing and sent by email to customercare@sinam.help.

With your permission, Sinam may from time to time contact you to keep you up to date about Sinam’s Services including new products, campaigns and promotions. For further information please review our Privacy Notice.

13. Intellectual Property Rights

For the purposes of this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by Sinam or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trade marks) in any form is prohibited without Sinam’s prior consent, other than that which you are authorised by Sinam to print or download for personal, non-commercial use.

Sinam owns all Intellectual Property Rights that exist in the words “SINAM” and in any accompanying logo. Sinam also owns all Intellectual Property Rights in the domain names www.sinam.help and its subsidiary sites. Sinam takes cyber-squatting very seriously. Please notify any suspected incidents to customercare@sinam.help.

14. Suspension of Services

In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Applications or the Services, or where there is a real or potential security risk, Sinam shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue. Sinam may also suspend access to the Applications and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to Sinam’s rights at Section 9 above, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where Sinam reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any manner than encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Sinam from time to time. In the event of such suspension, Sinam may reinstate access to your Account and recommence providing Services to you at its sole discretion

15. Force Majeure

Sinam shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond Sinam’s control.

16. Security, Maintenance and Availability

You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. As a consequence, Sinam cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.

From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:

• make certain or all of the Applications or Services unavailable to you; and/or

• delay implementation of any new Services; and/or

• withdraw, replace or reissue your password; and/or

• change authentication procedures or processes for accessing the Applications or the Services,

While using reasonable endeavors to minimize any inconvenience caused.

You acknowledge and agree that these events may occur and that Sinam bears no liability when such events occur. Where Sinam changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, Sinam may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.

You agree, acknowledge and accept that Sinam Products will not be available for purchase from 05:00 p.m Fridays to 8:00 p.m Saturdays.  During this timeframe you will not be able to order any product and support will not be provided.

17. Limited Liability

Sinam bears no responsibility for use of the Applications and/or Services in connection with any unauthorized, illegal, fraudulent, offensive, violent, immoral or indecent activity. Save as set out at Section 7 above, Sinam, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Applications, Products or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.

No damages other than compensatory damages, strictly limited to the amount of the servicee or other value paid in relation to Services provided through the Applications, where fault lies solely with Sinam, shall be incurred by Sinam. No right of indemnity exists for you against Sinam.

Furthermore, Sinam will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.

You agree and acknowledge that the Applications and the Services and content provided through them are provided “as is”. To the fullest extent permitted by law, Sinam makes no warranties in relation to the use and availability of the Applications or the Services provided through them.

18. Governing Law

This Agreement, the Applications and the provision of Services will be governed by the laws of Togo. If any claim or dispute arises from, out of or in connection with this Agreement and/or your use of the Applications or any Services, you agree that the courts of Togo will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.

19. Waiver

Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Sinam’s part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.

20. Customer Care & Contact Information

If you have any questions about this Agreement or any complaints or require any assistance with the Applications or the Services, we are always here to help. You can get in touch with us 24 hours a day, 365 days a year using one of the options below.

Email us: customercare@sinam.help

© IT Solutions Center 2022