GENERAL TERM AND CONDITIONS OF USE
ARTICLE 1: Purpose
The present General Conditions of Use of the Bambeboy application hereinafter referred to as “Conditions or Terms” mentioned herein and the additional conditions will govern your access to the application, website and the use of the services related to Bambeboy App.
The purpose of the Terms is to set out the terms and conditions of access to the Services of Bambeboy App
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Bambeboy. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Bambeboy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Bambeboy may amend the Terms related to the Services from time to time. Amendments will be effective upon Bambeboy’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Users are advised to read the terms of use carefully before subscribing to the platform, as any access and/or use of the platform implies acceptance of these terms.
ARTICLE 2: Legal notice
INSTITUTE OF CORPORATE PRACTICE LIMITED Cameroon is a subsidiary of INSTITUTE OF CORPORATE PRACTICE LTD Dalla,USA and has a capital of 800 000 FCFA, whose registered office is located in Douala, registered in the Trade and Personal Property Credit Register of Douala under the number RC/DLBB/2020/B/243, represented by Mr. TANSIE FUNDOH Clement in his capacity as manager, duly authorised for the purposes of the present and their consequences.
ARTICLE 3: Description of services
The Bambeboy App is an online marketplace platform (“Platform”) that facilitates the connection of business organisations who provide services (“Service Providers”) with individuals and/or business organisation who are looking for services (“Service Recipients” “customers”).
ARTICLE 4: Access to services
Any User with access to the Internet can access the site free of charge from anywhere. The costs incurred by the User to access the Service (internet connection, computer equipment, etc.) are not the responsibility of Bambeboy APP
By using the platform, you acknowledge that Bambeboy APP acts as an intermediary to bring service providers and users together. As such, it will receive a percentage of the service providers’ transaction fees.
In order to provide a better quality of service, Bambeboy APP will be required to carry out maintenance work which may disrupt the normal operation of the platform. This could lead to a temporary interruption of the platform from time to time. By agreeing to register and use the platform, the user accepts the above-mentioned inconveniences and undertakes not to take any action against INSTITUTE OF CORPORATE PRACTICE LIMITED.
Article 5: Account
To access and use the Application, you must have a compatible phone or mobile terminal and access to the Internet. The Application can be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms on the following mobile terminals
– Apple® Iphone® mobile phone with the iOS operating system under iOS 8 and later
– Mobile phone with Android® OS 4.4 and later. The software version of the Application may be updated from time to time to add new features and services
1. Eligibility.
By creating an account, you represent that you are of legal age to form a contract and that you are not a person barred or disqualified under the laws of the United States or any other applicable jurisdiction.
2. Account Security.
You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. We will not be liable for any loss or damage resulting from your failure to comply with this Agreement. If you become aware of any unauthorised use of your Account, you agree to notify us immediately at support@bambeboy.com
3. Use of the Application
You must not misuse the Mobile Application and/or the Services by knowingly or negligently introducing viruses, worms, Trojan horses, logic bombs or any other malicious or technologically harmful material. You must not attempt to gain unauthorised access to the mobile application and/or the Services, the servers on which the Site or the Services are hosted, or any other server, computer or database connected to the mobile application and the Services. You shall not attack the Mobile Application by means of a denial of service attack or a distributed denial of service attack
ARTICLE 6: Responsibility of the User
The User expressly undertakes:
– To download the Application on his/her equipment exclusively for personal and non-commercial use;
– Not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;
– Not to use any software or process to copy the Content without the prior written permission of INSTITUTE OF CORPORATE PRACTICE LIMITED.
– Not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse engineer all or any part of the Application, the Services and/or the Content;
– Not to export the Application, merge all or part of the Application with other computer programs;
– To only make short quotations, analyses and reproductions for press reviews and other uses
expressly authorised by law within the limits and conditions set by the latter and subject in particular
to quoting the names of the authors and the editorial source
– To expressly renounce the use of software or devices likely to disrupt the proper functioning of the
Application, nor to engage in any action likely to impose a disproportionate burden on the
infrastructure of Bambeboy App;
– Not to extract or reuse, including for private purposes, without prior written authorization from INSTITUTE OF CORPORATE PRACTICE LIMITED , any substantial part or not of the content of the databases and archives constituted by the Application;
– Not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate the present TOS;
– To inform INSTITUTE OF CORPORATE PRACTICE LIMITED as soon as he becomes aware of any actof piracy and in particular of any illicit or non-contractual use of the Application and/or the Content, whatever the mode of distribution;
– Not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties. Any use of the service by the User which directly or indirectly results in damage of the platform or Bambeboy’s APP reputation must be compensated for by the User.
ARTICLE 7: Liability of the company
INSTITUTE OF CORPORATE PRACTICE LIMITED shall not be liable for any malfunction or bugs. In the same way, the responsibility of INSTITUTE OF CORPORATE PRACTICE LIMITED cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party. The platform undertakes to implement all the necessary means to guarantee the security and the confidentiality of the data. However, it does not provide a guarantee of total security. INSTITUTE OF CORPORATE PRACTICE LTD reserves the right not to guarantee the reliability of the sources, although the information published on the platform is deemed reliable.
Article 7.1: Limitation of the responsibility
You acknowledge and agree that Bambeboy cannot be held liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your access to the Service or its use.
ARTICLE 8: Intellectual Property
INSTITUTE OF CORPORATE PRACTICE LIMITED is the exclusive owner of all intellectual property rights related to the Bambeboy APP and its Content, subject to the rights of the companies licensed by INSTITUTE OF CORPORATE PRACTICE LIMITED whose list is available on Bambeboy App.
Without prejudice to the provisions of article 5, none of the provisions of the terms can beinterpreted as an assignment, a transfer, a sale, a concession, a license, a loan, a rental, an authorization of exploitation granted directly or indirectly by INSTITUTE OF CORPORATE PRACTICE LIMITED for the benefit of the User on Bambeboys APP, its Content and/or the Services.
The contents of the platform (logos, texts, graphic elements, videos, etc.) are protected by the legislation on copyright and neighbouring rights as well as the Bangui Agreement and the international conventions in force. The User is entirely responsible for any content he/she puts online and undertakes not to harm any third party.
License of use
INSTITUTE OF CORPORATE PRACTICE LIMITED grants the User a personal right to use the Bambeboy APP, the Content and the Services, which is non-exclusive, revocable, non-assignable, non-transferable, worldwide in the context of the use of the Application and the Services, to the exclusion of any other purpose.
The User is strictly forbidden to access and/or use the source codes of Bambeboy APP and/or the software components of the Application.
The User does not acquire any intellectual property rights in the Bambeboy APP, the Content and/or the Services or any other rights other than those granted herein. This license does not confer any reserves the right not to guarantee the reliability of the sources, although the information published on the platform is deemed reliable.
Right of use to the User on the Content. The User is therefore prohibited from reproducing, representing, adapting and/or exploiting any of the Content.
The User expressly undertakes that the use of the Application shall in no way infringe the rights of Bambeboy App, and in particular that such use shall not constitute an act of infringement, unfair competition or parasitic use of the Content.
Payment
You understand that use of the Services may result in charges to you for the services you receive from a Service Provider. Bambeboy APP will facilitate your payment of the applicable Charges on behalf of the Service Provider through Payment gateways. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Service Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and nonrefundable, unless otherwise determined by law.
ARTICLE 9: Protection of personal data
Any personal data that may be collected in the context of the use of the Application will be processed and stored in accordance with the Privacy Policy by clicking here. Refusal to provide certain personal data may result in You being denied access to certain Services. In case of communication of personal data, You have a right of direct access, deletion, rectification and opposition of the data concerning You. The User exercises this right via :
– His personal space on the site;
– A contact form;
– By email to [email address of the administrator] ;
– By post to [your address].
The User must provide personal information in order to register on the platform.
The user’s electronic address (e-mail) may be used by Bambeboy APP to communicate various information and manage the account.
Any information you provide is subject to our privacy policy, which governs the collection and use of your information. You understand and agree that we may access, store and use any information you provide in accordance with the terms of the Privacy Policy.
ARTICLE 10: Hyperlinks
Bambeboy APP is not responsible for the domains to which the hypertext links on the platform lead and has no control over these links. It is possible for a third party to create a link to a page of the Bambeboy website without the express authorisation of ICP LTD.
ARTICLE 11: Evolution of the general conditions of use
Bambeboy reserves the right to change the terms of these Terms and Conditions at any time and without justification. Changes will not be retroactive, and the most recent version of the Terms will always be available on the mobile app and will govern our relationship with you. By continuing to use our services after the changes take effect, you agree to be bound by the revised Terms.
In the event that any of these terms are found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect. INSTITUTE OF CORPORATE PRACTICE LTD failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision.
The applicable TOS are those in effect at the date of connection and use of the Application by the User. INSTITUTE OF CORPORATE PRACTICE LTD reserves the right to modify, at any time, all or part of the provisions of the General terms and condition without prior notice or information to the Users in order to adapt them to the evolution of the Services, to technical, legal or jurisprudential evolutions or during the implementation of new services.
Any changes made by INSTITUTE OF CORPORATE PRACTICE LTD to the General terms and Conditions shall be brought to the attention of the Users by simply putting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting.
INSTITUTE OF CORPORATE PRACTICE LTD therefore invites all Users to consult the General Terms and Conditions regularly.
ARTICLE 12: Duration of the contract
The duration of this contract is indefinite. The contract takes effect with regard to the User as from the start of the use of the service.
Article 13: Service Charges
When you use the Service to connect to service providers, those service providers may charge fees associated with the services they provide (“Service Fees”). You are responsible for all Service Fees associated with your use of the Service.
Article 14: Independence of the Clauses
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the invalidity, illegality or unenforceability of any other provision. In the event of nullity, illegality or inapplicability of a clause, the Company will replace it with new valid, legal or applicable provisions which will have an effect as close as possible to that of the null, illegal or inapplicable clause. Users shall not be entitled to claim damages as a result of such invalidity, illegality or unenforceability of any provision hereof.
14.1 Entire agreement:
This Agreement constitutes the entire agreement and understanding between you and Bambeboy with respect to the Service and supersedes all prior or contemporaneous agreements, statements or representations, written or oral, of either party.
Section 16: Data Privacy
Our collection and use of personal information in connection with the Services is as provided in Bambeboy’s Privacy Policy located at https:///privacy/notice. In case of communication of personal data, you have a right of direct access, deletion, rectification and opposition of the data concerning You. The User exercises this right via:
– His personal space on the site;
– A contact form;
– By email to [email address of the administrator];
– By post to [your address];
– Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Bambeboy at any time by following the directions found at https:///unsubscribe/. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
The User must provide personal information in order to register on the platform.
You understand and agree that we may access, store and use any information you provide in accordance with the terms of our Privacy Policy.
Section 17: Force Majeure
Neither Party shall be liable for the non-performance or delay in the performance of its obligations if such delay or non-performance results from a case of force majeure, as defined by case law.
In any event, in the event of a case of force majeure, the INSTITUTE OF CORPORATE PRACTICE LTD will do its utmost to minimise the effects of the said force majeure. For the purposes of these terms, any loss of employment of a User shall not constitute a case of force majeure.
Article 18: Complaints and mediation
16.1 Complaints Any complaint relating to the Application or the Services offered by the Company may be made by any User to the Company, by e-mail to the customer service department or by telephone contact. The Company undertakes to respond within a maximum of two months from receipt of the complaint. The Company and the User concerned at the origin of the complaint will make every effort to find an amicable solution.
16.2. Mediation
In the absence of an agreement between the User and the Company, any User shall have the right to have recourse to the services of a mediator, the Chartered Institute of Arbitrators Rules shall govern.
ARTICLE 19: Applicable law and competent jurisdiction
17.1 Applicable law
The terms and all resulting documents between the Company and any User are governed and interpreted in accordance with the law of the Country in which the application is installed.
17.2. Jurisdiction
Any dispute arising from the validity, interpretation or execution of these Terms and Conditions shall be submitted to the competent Cameroonian courts.
Article 20: Contact
Any question relating to the Application and/or the Services should be addressed to the INSTITUTE OF CORPORATE PRACTICE LIMITED, Tel: +237 697 984 955 or via the email: bambeboy20@gmail.com