Terms & Conditions

YOOMEE MONEY TERMS OF USE

These general terms and conditions (hereinafter referred to as the "GTC") set out the rules for the use of the Services and complements the rules for the use and operation of the Platform set out in the general terms and conditions of use (hereinafter referred to as the "GTC") as well as the confidentiality policy, which together with these GTC, form the contractual whole enforceable against Members.  

1. DEFINITIONS 
The terms defined below beginning with capital letters and used in the singular as well as in the plural, shall have the following meaning:  
"Application(s)": means the computer program(s) allowing access to the Platform from a smartphone, tablet or computer running on IOS ,Android, Windows and Linux operating systems. 

"Beneficiary": means any person who benefits from the execution of a Service performed by a Member. The Member acknowledges that the Beneficiary must be at least twenty-one (21) years of age.

 " Account": refers to one of the pages included in the Member's Reserved Area and on which the Member's Data is stored, which he or she has entered as part of his or her Registration and updated thereafter if necessary. This Account is strictly personal, individual, non-assignable and non-transferable by the Member and is the mirror account of the client's e-money account in the books of YooMee Money's partner financial institution.  

"Data": means the information provided directly or indirectly by the User in the context of the use of the Platform, in particular during his browsing, his Registration and his Account creation. The User guarantees that he/she provides accurate and up-to-date information, in particular with regard to his/her identity and contact details.  

"Personal Data": means any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him. Reserved Area": means the page(s) stored on the Platform reserved for Members and accessible by the Member concerned via the Website and/or the Application thanks to his/her login and password. This space includes the Account of the Member concerned as well as any information relating to the Services to which the Member has subscribed with the financial institution partner of YooMee Money, in particular information relating to his identity, the history of his operations, the Data stored by third parties, etc. The Member shall be entitled to access and use the Services under the conditions and within the limits provided for by the applicable legislation and by these GTCs.

"Public Area" : means the pages stored on the Platform that are freely accessible to any User (including non-Member users). 

"Service Fee": means the fees and taxes that are automatically deducted by YooMee Money and the financial partner on each Transaction operated by the Member on the Platform in consideration of the Service. The amount of the Service Fee is evolving and will be fixed by YooMee Money and the financial partner according to the Service concerned and specified to the Member in the context of the Transaction.  

"Registration": means the process of submitting the creation of an Account by a User on the Platform with a view to benefiting from all or part of the Services in accordance with the conditions and limits set out in these GTC. Member" : means any natural person who is a client of a financial institution and who, wishing to benefit from the Services, has opened an electronic money account in the books of the duly authorised financial institution. The natural person Member acknowledges that he/she is twenty-one (21) years of age or older and has the capacity to enter into a contract by accepting these GTC. YooMee reserves the right to ask the Member at any time for any document to justify the Member's declarations, in particular with regard to the required age;

"Platform": means the technical solution named "YooMee Money" operated by a financial institution duly authorised to issue electronic money, accessible via the Website, or via the Application. The Platform, consisting of the Public Area and the Reserved The purpose of the Platform, consisting of the Public Area and the Reserved Area, is to provide Members, customers of YooMee Money's partner financial institution, with an interface enabling the provision of the Services in accordance with these GTCs. 

"Services" : means all the services offered on the YooMee Money platform to Members by the partner financial institution. These Services are listed in these GTCs, in the article "Scope of Services" and more fully described in the Services offer YooMee Money (hereinafter the "Service Offer") 

"Website": means the website accessible at www.yoomeemoney. cm and which includes the Platform. 

"Support": means YooMee Money's support portal, which is accessible to Users via the "customer service" tab.  

"Transaction": means any financial transaction initiated by the Member through the Platform in respect of the use of a Service offered by YooMee Money's financial institution partner. 

"User": means any person accessing the Platform without distinction, including Members (customers of the partner financial institution) and non-customer and non-registered visitors.  

"GTC": General Terms and Conditions of Sale 

" CGU " : General Terms and Conditions of Use 

2. PURPOSE  
The purpose of these GTCs is to define the conditions under which YooMee Money in partnership with a financial institution duly authorised to issue electronic money, provides Services to Members, customers of partner financial institutions, who subscribe to them and grants Members a personal and non-transferable right of access to the Platform, all within the framework of an obligation of means and subject to compliance with the GTCs and the TOU by Members.  

3. ACCEPTANCE - MODIFICATIONS TO THE T&Cs 
To take advantage of all or part of the Services, by checking the box "I accept the T&Cs" during each Transaction, the Member acknowledges having read, understood and accepted these T&Cs, as well as the T&Cs and the Privacy Policy.  YooMee Money reserves the right to modify, in relation with the partner financial institution, at any time, these T&Cs, which the Member accepts. The date of the last update is indicated at the top of these GTC. The Member shall be informed of the new version of the GTC by a message on the Platform and shall accept them by ticking the box "I accept the GTC" immediately or at the time of his next Transaction. Failure to do so will result in the suspension of the service.

4. DURATION - ENTRY INTO FORCE  
The T&Cs shall take effect from the moment they are accepted by the Member who has previously opened an e-money account with YooMee Money's partner financial institution. The T&Cs shall remain in force for each Member for the duration of the use of the Services and/or until they are terminated for any reason whatsoever under the conditions of the article "Suspension/Closure/Termination" below. 

5. SCOPE OF SERVICES 
The provision of Services by duly authorised financial institutions on the YooMee Money platform under the conditions set out in the Service Offer is subject to compliance by the Member, clients of the said institutions with the GTCs and the T&Cs. The Services offered are more fully described here YooMee Money. - Payment - Deposit - Withdrawal - Money transfer - Payment of miscellaneous services 

6. SUBSCRIPTION AND ACCESS TO SERVICES. To use the Services, the Member must follow the following steps: 
6.1 Registration 

6.2 Access to the Services 
The Member's registration authorizes him/her to access his/her account, using his/her login and password created at the time of said Registration and will be able to access his/her Reserved Area allowing him/her to manage his/her Account and to access the Services more fully described in the Service Offer, namely :   YooMee Money reserves the right, in agreement with the partner financial institution, to refuse or terminate access to the Services to any User whatsoever upstream (before finalisation of the Registration) or a posteriori, in particular if YooMee Money for reasons related to suspicious and fraudulent activities or non-compliance with these T&Cs or TOU by the User concerned.  

7. OPERATION OF SERVICES 

  • Conversion : All currencies converted through the Service are converted :   

  • 8. USE OF THE SERVICES BY THE MEMBER 
    The Member warrants in particular that:  

    9. RIGHT OF WITHDRAWAL 
    Subject to the exclusions provided for by the legal provisions and in particular the Consumer Code, the Member may, depending on the Service concerned, have a period of fourteen (14) days in which to exercise his right of withdrawal as from the acceptance of these GTC, without having to give any reason for his decision. In order to exercise this right of withdrawal, if provided for by law, the Member shall refer to YooMee Money's financial institution partner in writing by mail. The Member acknowledges that in case of exercising the right of withdrawal, this right only concerns the amount of the Transaction minus the Service Fee for the Service concerned. However, the Member is informed and expressly acknowledges that he/she cannot use his/her right of withdrawal for the Services in the following cases:

    10. FINANCIAL CONDITIONS 
    10.1 Terms of payment 
    In the context of the fight against Internet fraud, information relating to banking data may be transmitted to any third party authorised by law or by a court decision or to any third party designated by YooMee Money's partner financial institution for the sole purpose of verifying the Member's identity and/or fighting fraud.  

    10.2 Transaction receipt 
    For each Transaction, a "Transaction Receipt" will be automatically generated in the platform to the Member and will appear on the Member's Reserved Area at the end of the Transaction (hereafter the "Transaction Receipt"). This Transaction Receipt will specify, among other things, the date of the Transaction, the amount, the name of the sender, the name of the beneficiary, the status (in progress, failed, etc.) and the nature of the Transaction. In the event of failure to receive within forty-eight (48) hours the said Transaction Receipt on the Reserved Area, it is the responsibility of the Member to report this failure within one (1) month from the date of the Transaction, so that the system can verify the reasons for this failure. YooMee Money shall not be liable for any failure to receive a Receipt or its consequences which has not been reported and/or which is due to an external cause beyond YooMee Money's control or force majeure.
      10.3 Service Charges 
    For each of the Transactions carried out under these Services the Member is required to pay a Service Fee. These Service Fees will be charged under the following conditions. For each Transaction, a Service Fee is deducted, as indicated during the completion process. Payment of the Service Fee occurs at the time the Member validates the Transaction. The Member expressly authorises his/her financial institution to deduct the Service Fee from his/her account for each withdrawal Transaction.

    11 - Inactive YooMee Money Account and charging of account maintenance fees 
    11. 1 When the User's YooMee Money Account has not been subject to any deposit, withdrawal, outgoing transfer or incoming transfer transaction for a period of 6 months it will be considered as inactive. After 1 year as dormant.  
    11.2 Inactive Account status is reversible (New identification required), except in case of a request to terminate the YooMee Money Service. The User acknowledges and accepts that account maintenance fees may be charged to him/her as from the termination of the YooMee Money Service and the closure of his/her YooMee Money Account.

    12. LIABILITY 
    12.1 Member's liability 
    The Member is responsible for the permanent confidentiality of his/her login details, password, Confidential Code, fingerprint as well as all the information entered when creating his/her Account and broadcast/stored on the Platform. The Member is also responsible for the origin and destination of Transactions carried out through the Platform. In this respect, the Member is the sole guarantor of the legality and compliance with these GTCs of the funds that transit within the framework of the Transactions. In this respect, the Member indemnifies YooMee Money against any action or claim, regardless of the basis, form, or person at the origin of such action, caused in whole or in part by a breach of any of its obligations under the TOU, the GTC and the Privacy Policy (hereafter the "Action"). Consequently, the Member shall bear all negative consequences arising for YooMee Money from the Action, and in particular; the amount of any sentence pronounced against YooMee Money in connection with the Action, or the amount charged to it in the context of an amicable settlement of the Action, the amount of any costs (including expert and legal fees) incurred by  YooMee Money to present its defense in the context of the Action.  

    12.2 Liability of YooMee Money 
    YooMee Money acts as a mere technical intermediary in the Transactions. YooMee Money undertakes to use its best efforts to provide the Services within the framework of an obligation of means and its liability is limited to direct and foreseeable damage resulting from a fault that is exclusively attributable to it. As a mere technical intermediary, YooMee Money is only responsible for the proper functioning of the Platform, in particular for the proper execution of the payment transactions made by the Member. YooMee Money's liability is limited to direct and foreseeable damages and may only be incurred by the Member in case of proof of a fault exclusively attributable to YooMee Money. In any case, YooMee Money's liability towards any Member, regardless of the nature, basis and modalities of the action that would be initiated, for any Account and access, for any Services, for any event, for any loss or damage, shall not exceed the total amount of the price paid by the Member for the transaction in question. The Member expressly acknowledges and accepts that this amount reflects the distribution of risk between the Member and YooMee Money and the resulting limitation of liability. The Member also acknowledges and agrees that the amount of the cap accepted under the terms of this article is not derisory and does not contradict the scope of YooMee Money's essential obligation under these GTC. YooMee Money shall not be liable in particular:  

    13. SUSPENSION / CLOSURE / TERMINATION 
    13. 1 Suspension of Services and Account  
    YooMee Money reserves, in relation with the partner financial institution, the right to suspend without compensation the Services and the Account of a Member, if necessary without prior notice, taking into account the seriousness of the facts, if the Member fails to fulfil any of its obligations under the GTCs, including its obligations subscribed to within the framework of the GTCs which complete the GTCs. In such a case, YooMee Money shall send the Member an email or a phone call informing him/her of the reasons and terms of this suspension. From the date of suspension indicated in the email or communicated by phone call, the Member has a period of fifteen (15) days to remedy the said contractual breach or to pay the sums due, failing which YooMee Money shall have the option, in relation with the partner financial institution, to terminate the Account in accordance with the article below. YooMee Money shall proceed, in relation with the partner financial institution, to the reactivation of the Account once the Member has complied or if he/she is no longer the subject of an ongoing investigation / enquiry by YooMee Money or any other authority having jurisdiction. In case of death of the Member and as soon as YooMee Money is notified, in relation with the partner financial institution his Account will be blocked and no Transaction after the death will be possible until justification from the heirs or instructions from the notary in charge of the estate. 

    13.2 Account Closure and Termination 

    13. 3 Effects of termination and cancellation 
    In the event of termination of all or part of these T&Cs, the Member acknowledges that:  

    14. PERSONAL DATA  
    YooMee Money collects and processes Users' Personal Data in order to set up and administer the Member's Account and the Platform. The fields marked with an asterisk [*] in the forms are mandatory fields. If they are not filled in, the subscription to the Services, the creation of an Account or any other request made via the Platform cannot be taken into account by YooMee Money. The User, and in fact the Member, customer of the financial institution partner of YooMee Money, has a right of access and rectification on the Personal Data concerning him/her, as well as a right of opposition for legitimate reasons to the processing of his/her data. 

    15. ASSISTANCE AND COMPLAINTS 
    YooMee Money provides Users with Support as well as a telephone and online assistance service If the User finds errors, encounters problems related to the Platform or the Services, or wishes to file a claim against YooMee Money it acknowledges and agrees that it must first contact YooMee Money. 

    16. FORCE MAJEURE  
    YooMee Money shall not be liable for any non-performance or delay in performance if such non-performance or delay is due to an event of force majeure, as defined by the jurisprudence of the Cameroonian courts and tribunals.

    17. TRANSFER 
    YooMee Money reserves the right to transfer the rights and obligations under these T&Cs to any other company. The Member may not transfer the rights and obligations under these GTC to any third party.

    18. SURVIVAL 
    The stipulations of the GTC which by their nature or wording are intended to continue to apply after their term such as, in particular, the article "Liability", "Applicable law and competent courts", shall remain in force for the period necessary for the execution of their purpose.  

    19. NULLITE - TITLE 
    If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. In the event of difficulties of interpretation between any of the headings at the top of the clauses, and any of the clauses, the headings shall be disregarded and the content of the clause concerned shall prevail.  

    20. APPLICABLE LAW AND JURISDICTIONAL COURTS 
    These GTCs and the documents to which they refer are governed by the law in force in Cameroon. In the event of a dispute, the Member undertakes to contact YooMee Money as a matter of priority in order to attempt to resolve amicably any dispute that may arise concerning the GTC. 

    Failing an amicable agreement, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE T&Cs, EVEN IN CASE OF PLURALITY OF DEFENDANTS, WILL BE SUBJECT TO THE COMPETENT JURISDICTIONS OF THE CITY OF DOUALA IN CAMEROON.