Terms And Conditions
INTRODUCTION
Powered by GHOSTROAR DIGITAL, establishment, registered in the Yaoundé Trade Register under number RC/YAE/2023/A/165, and whose head office is located in Yaoundé, Cameroon (“CauriPAY”) provides to the user (the “User”) the “CauriPay” mobile application.
The download and use of the mobile application are subject to these general conditions of use (the “T&Cs”) which the User declares to have read and accepted by using the mobile application.
The “CauriPay” mobile application for Android and IOS is open to any natural person with a compatible terminal and a mobile communication offer, integrating mobile internet services, from the mobile service provider and who wishes to use the mobile application and the services offered for its own needs in the context of personal use.
The use of CauriPay financial services accessible in the Application is subject to conditions of use separate from the Orange Money contact which must be accepted in advance by the User when opening the account.
ARTICLE 1 - DEFINITIONS
In these T&Cs, the following terms have, unless otherwise indicated, the meanings given to them in this article:
Application :
Refers to the mobile software application called “CauriPay” allowing you to manage financial services on mobile and providing access to the Service, which the User must download to their Device.
Mobile service provider:
Refers to the mobile operator with which the User has subscribed to a mobile communication offer integrating mobile internet services.
Service :
Service: Refers to the mobile financial services of the electronic wallet called “CauriPay”. The details, terms and contractual conditions of the Orange Money Service are explained in the Orange Money contract.
Terminal:
Any mobile terminal compatible with the Application. The Terminal must be connected to the Internet so that the User can benefit from the entire Service.
User :
Refers to an adult natural person using the Application, for their own needs, within the framework of strictly personal non-commercial use.
ARTICLE 2 - PURPOSE
The purpose of these T&Cs is to define the conditions under which the Application is made available to Users.
ARTICLE 3 - TECHNICAL REQUIREMENTS AND DATA CONSUMPTION
Use of the Application is only possible from a Terminal. The Application, accessible by downloading the “CauriPay” mobile Application for Android and IOS, is open to any person who has a mobile or prepaid plan with a Mobile Service Provider, integrating mobile internet services, and wishes to use the Service for own needs in the context of personal use.
The minimum Terminal configuration recommended by CauriPAY to use the Service is specified on the mobile application stores from which the Application is available for download. The User acknowledges and agrees that such system requirements, which may be changed from time to time, are solely the responsibility of the User.
Use of the Application involves the transmission of data to and from the User's Terminal, operations which may possibly be subject to charges by the User's Mobile Service Provider. It is therefore strongly recommended that the User ensures that the mobile offer they have is compatible with the use of the Application. CauriPAY cannot be held responsible for excessive data consumption in terms of Internet access and the conditions of the mobile network as stipulated between the User and their Mobile Service Provider. CauriPAY recommends that the User chooses a mobile service that offers sufficient transfer capabilities and suggests that the User requests an appropriate plan, if applicable.
When the User is located outside the territory in which he has his national mobile service offering (“roaming”), he may be subject to additional charges from his Mobile Service Provider for the use of data according to the mobile offer the User benefits from, and the geographical area in which they are located. It is the User's responsibility to check with their Mobile Service Provider that they have an offer allowing the use of data from abroad.
In addition, it is specified that the functionalities are accessible depending on the country where the Application is available.
ARTICLE 5 - USER LIABILITY AND GUARANTEES
The User undertakes to inform CauriPAY of any unauthorized use of the Application or any other breach of its security.
The User undertakes to use the Service in accordance with the purpose for which it was defined.
Furthermore, the User is prohibited from decompiling, modifying and/or disassembling the Application, practicing reverse engineering or attempting to discover or reconstruct the source code, in any way whatsoever and/or access or attempt to access databases.
ARTICLE 6 - LIABILITY AND GUARANTEES OF CauriPAY
CauriPAY puts in place the necessary means for the proper functioning of the Application, the maintenance and continuity of the Application and undertakes to make its best efforts to make the Service accessible 7 days a week and 24 hours a day to from the Application, subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Application and the Service and except in the event of a case of force majeure and/or an event beyond the control of CauriPAY.
CauriPAY's liability towards the User can only be incurred in the event of duly proven fault or negligence on the part of CauriPAY and solely attributable to CauriPAY, in particular in the event of non-compliance with its obligations under these T&Cs.
ARTICLE 7 – MODIFICATION
CauriPAY reserves the right to develop the Application, in particular by making new functionalities available to Users and/or by modifying and/or deleting certain functionalities, and to modify these T&Cs.
ARTICLE 8 - TERMINATION
8.1 Termination by the User
Partial termination
The User can terminate part of the contract, specifically he can request the deletion of his email address in the option that makes it visible to all other users. Removing this option does not affect the use of the platform. This operation is carried out by contacting CauriPAY via the support service and fulfilling the requested conditions. The user accepts this condition by registering on the platform.
Total termination
The User may terminate these T&Cs at any time by uninstalling the Application from their Terminal.
8.2 Termination by CauriPAY
CauriPAY reserves the right to stop making the Application available from the Google Play Store or Apple Play virtual stores, without notice and without compensation.
In the event of termination, the User will still be bound by the guarantees he has made and by the exclusions and limitations of liability of CauriPAY.
ARTICLE 9 – PROVISIONS CONCERNING EVIDENCE
It is expressly agreed that CauriPAY and the User may communicate electronically for the purposes of the T&Cs, provided that technical security measures are taken to ensure the confidentiality of the data exchanged.
CauriPAY and the User agree that the electronic exchange between them validly represents the content of their exchanges and, where applicable, their commitments.
ARTICLE 10 - ASSIGNMENT
The User is prohibited from assigning to a third party the rights or obligations he holds under these T&Cs. In the event of violation of this prohibition, in addition to blocking access, the User may be held liable for the content or other data displayed online or sent via the Application.
ARTICLE 11 – PERSONAL DATA
Personal data processed during use of the Service are processed by CauriPAY which is then responsible for processing.
As part of this service CauriPAY carries out the following processing:
- To identify the user, CauriPAY asks the user to enter their email in order to send an activation code. The user must note this code and enter it identically in the code form provided for this purpose during the registration or identification process. Following authentication, a connection cookie is created and remains active.
- the user must provide their full legal name as mentioned in their authentic identity document. He must provide the scanned image of his identity document. This information is rigorously verified by the application administrators before any validation giving access to the CauriPay service.
- statistical data is collected anonymously in order to better understand uses and continually improve the service. The collection of this information can be deactivated at any time from the “browser”.
The legal basis for this processing is the execution of the contract. For purposes related to improving services, the legal basis for processing is legitimate interest.
The recipients of the personal data processed are the CauriPAY teams.
The data collected may be processed outside of all countries where the application is used. In this case, CauriPAY takes the necessary measures with its subcontractors and partners to guarantee an adequate level of protection of your data and in full compliance with the applicable regulations.
If the subcontractors and partners concerned are not adherent to the PrivacyShield agreement with regard to transfers to the United States of America, or are not located in a country with legislation considered to offer adequate protection , they will then have previously signed the “ standard contractual clauses” of the Telecom Regulation Agency or will be subject to binding internal rules approved by the authorities.
The User has a right of access and rectification, erasure, limitation of processing, as well as the right to portability of his data. The User can also issue directives on the conservation, deletion or communication of his data after his death.
The User can contact the personal data protection officer and exercise their rights by calling customer service in their country.
The processing of User data is done in compliance with the CauriPAY Charter relating to the protection of personal data and privacy.
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1 Application
CauriPAY the exclusive owner of the Application, software, software applications, graphics, brands, logos, designs, technologies, software, databases and content made available to Users.
The User acknowledges that he does not acquire any intellectual property rights over elements belonging to CauriPAY. It is also prohibited to use them in a context other than that exclusively provided for in these T&Cs.
All upgrades, updates, derivatives, developments, created or developed by CauriPAY in relation to the Application are and will remain the property of CauriPAY, and the User expressly acknowledges and accepts that any contribution in the form of services, suggestions , idea, report, identification or defect, expenses or any other contribution made by the User, does not confer any right, title or interest in any of the elements or components of the Application.
12.2 User license
Subject to compliance with the terms and conditions of these T&Cs, CauriPAY grants the User a non-exclusive, non-transferable and limited license without license fees to reproduce and use the complete and unmodified Application on their Terminal for the sole purpose of use the Service.
The User must not:
•copy, modify or distribute the Application and/or the software components of the Application, unless expressly authorized in these T&Cs;
• disassemble, decompile or translate the Application and/or the software components of the Application, unless expressly authorized by applicable laws or regulations;
• sublicense or rent the Application and/or the software components of the Application.
ARTICLE 13 – APPLICABLE LAW – GENERAL PROVISIONS
If one or more provisions of this contract are considered invalid or are declared as such by law or regulation or following a legal decision taken by a competent judicial authority, the other provisions remain in full force.
The provisions declared null and void will then be replaced by provisions which will most closely approximate the content of the initially agreed provisions.
CauriPAY and the User will not be held responsible or considered to have violated these T&Cs in the event of delay or non-performance if the cause of the delay or non-performance is due to a case of force majeure as defined by the case law of the French courts.
Unless otherwise provided by applicable law, the T&Cs between Users and CauriPAY are subject to Cameroonian law.
Any dispute or claim under these T&Cs between Users and CauriPAY, or violation, termination or invalidity hereof, will be submitted exclusively to the competent courts.
ARTICLE 14 - CONTACT - COMPLAINTS
For any complaint or dispute concerning the Application, the Service must be notified to the country's support services available in the application. The above does not exclude the right of the User to bring his complaint against CauriPAY before the courts.
© GHOSTROAR DIGITAL. All rights reserved 2024
