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.
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
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
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:
- Open an electronic money account with a financial institution, partner of YooMee Money
- Create an account on the platform The User must:
- Create a personal Account and, to this end, fill in the registration form provided for this purpose under the tab "Account creation";
- Fill in and transmit accurate, complete and up-to-date information. If the User fails to provide all the information requested in a complete and sincere manner and fails to send a scan of a valid identity document when registering, the User will be solely responsible for the consequences and may be refused or interrupted access to the Services;
- Verification The User acknowledges and accepts that YooMee Money has the possibility, at any time and with or without reason to:
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
- Security : For each Transaction:
- YooMee Money provides the Member with a personalised security device, in 3 forms (pin code, password and fingerprint in case the phone is equipped with it). This device refers to the unique confidential code for each Transaction (hereinafter the "Confidential Confidential Code");
- This Confidential Code is placed under the sole custody and responsibility of the Member who must keep this confidential code secret and not communicate it to anyone.
- The Confidential Code is created by the Member himself/herself when registering to the platform.
- Terms : In cases where funds are not directly transferred to the Beneficiaries' bank account or their YooMee Money Account during a Transaction, money withdrawals are possible at the counters of YooMee Money's financial partners and their distribution network within the limits displayed during the Transaction procedure. These financial partners are identifiable on the location part of the Website and the Application. Withdrawal of funds is possible within the limit of the balance of the account to which the Confidential Code is attached, less any withdrawal fees. The payment of certain Transactions may be delayed due to the application of the legislation of the country where the said operations take place.
- At the time the Transfer is initiated, according to the amount of currencies indicated to the Member, in accordance with the conditions applied by the financial institution in which the Member is a customer, holder of the electronic money account;
- For cash withdrawal transactions carried out outside the sending area (if the payment currency of the Member's country is different from that of the country in which the Beneficiary collects the amount);
- According to the exchange rate applied by the Member's financial institution on the date of processing the transaction. It is possible that the exchange rate applied by YooMee Money to the Transaction is less favourable than the exchange rate at which the currency is purchased by YooMee Money. In this context, this difference gives rise to a profit for YooMee Money in addition to the Services Fee.
8. USE OF THE SERVICES BY THE MEMBER
The Member warrants in particular that:
- The Member has provided complete, sufficient and accurate information, including with regard to the Beneficiary(ies), and updates this information if necessary, and does not use an anonymisation proxy;
- He will provide accurate, current and complete proof of his identity and/or that of the Beneficiary if requested to do so;
- He has verified beforehand the accuracy of all Data, including that of the Beneficiary(ies) concerned, and of the information provided by the Beneficiary(ies). Beneficiaries concerned, and information relating to the Transaction before initiating it;
- He uses the Platform and the Services in compliance with these GTCs and the TOU as well as in compliance with the legal provisions in force and within the limits of what is provided for these Services
- He will not use the Platform and/or the Services for illegal purposes, contrary to the legal or regulatory provisions in force (including any decision/advice/recommendation emanating from a governmental or administrative authority);
- For each of the Transactions, he will pay the Service Fees in addition to the amount of the Transaction carried out ; - He and the Beneficiary are acting on their own behalf;
- He is not known to the government services of any country or international organisation for money laundering or terrorism. In particular, the Member shall not make:
- Or receive payments from gambling services, gambling chips, illegal gambling or gambling credits;
- Any act of money laundering / embezzlement; Any Transaction consisting of money derived from a crime or misdemeanour;
- Any Transaction for the purpose of financing an illegal activity (corruption, terrorism, fraud, etc.) ) any Transaction that would damage the reputation of YooMee Money and/or its Services or third parties;
- Any action to evade tax legislation or any other form of legal, regulatory or judicial obligation. The Member undertakes to inform the financial institution partner of YOOMEE Money without delay, in particular in the event of:
- Loss or disclosure of his Identifier, password or one or more Confidential Codes. Otherwise, the access, use of the Reserved Area and the Transactions carried out will be considered as having been made by him/her;
- Any identified risk to security or breach of these GTCs or of the GTCs noted;
- Change of his/her Data and those of the Beneficiaries, in particular concerning bank accounts, by sending to YooMee Money, via the partner financial institution, the documents necessary for verification;
- Court or banking institution decision, registration in any bank ban file and other events that may have consequences on the solvency of its bank accounts and in particular the account entered on its Account for Transactions. Any Transaction executed in violation of the GTC, the TOU and more particularly of this article, may be cancelled, suspended or blocked by YOOMEE Money, as well as lead to the closure or suspension of the Member's Account as defined in the article "Closure / Suspension / Termination". YooMee Money shall request the financial institution partner:
- To take action against the Member making Transactions in violation of these GTC, as well as - To keep the amount of the litigious Transactions, until the end of any legal action in progress or in case of arrears of payment, and
- To report these litigious Transactions to the competent authorities.
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:
- Goods of services whose price depends on financial market rates,
- Goods made at the Member's request or clearly personalised (bank card...),
- Services fully executed before the end of the withdrawal period or whose execution has begun, with the Member's agreement,
- Digital content provided on an immaterial support whose execution has begun with the Member's agreement and for which the Member has waived his right of withdrawal.
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.
12.1 Member's liability
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:
- In the event that the information provided by the Member proves to be false or incomplete;
- In the event that the Member fails to comply with the GTCs and T&Cs when using the Services;
- For goods or services paid for using the Services;
- In the event of late or erroneous performance or failure to perform related to the means of communication used by the User; In the event of a transaction, whether intentional or not, which is illicit or whose funds have an illicit character or origin or are contrary to these GTCs or to the GTCs;
- In the event of force majeure as defined in the article "Force Majeure" or any other event beyond the control of YooMee Money. The Member is reminded that it is his or her responsibility to take all necessary precautions, in particular against the risks of infringement of the security of his or her Data and to implement any action likely to avoid an aggravation of his or her prejudice in the event of an incident. YooMee Money does not provide, in particular, the media, the connections to the telecommunication networks which are necessary to access the Services, nor any other resource and/or material necessary. The Member thus acknowledges that it is its responsibility to obtain all means and resources necessary to access and use the Services.
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
- By the Member The Member has the possibility, with costs, to close his Account at any time by contacting his YooMee Money partner financial institution and the support. The closing of the Account leads to the immediate payment of its balance minus the fees. Once all the sums have been paid, YooMee Money will proceed, after instruction from the partner financial institution, to the definitive closure of the Member's Account. The possible credit balance of the Account will be managed by the partner financial institution in accordance with the legal and regulatory provisions in force, as from the closing of the Account. In case of serious breach by the Member of one of its contractual obligations, YooMee Money may inform the partner financial institution by registered letter with acknowledgement of receipt notifying the breach in question (hereinafter the "Notification Letter"). In agreement with the partner financial institution, YooMee Money may terminate all or part of these GTC and close the Account of the said Member by sending a registered letter with acknowledgement of receipt to the partner indicating the effective date of termination (hereinafter the "Termination Letter"). The termination will take effect at the end of a period of thirty (30) days following the Termination Letter.
13. 3 Effects of termination and cancellation
In the event of termination of all or part of these T&Cs, the Member acknowledges that:
- He shall ensure that he/she has paid in full all sums owed on his/her Account, in particular the Service Fees ; - The Transactions in progress will be cancelled;
- He will no longer be able to use the Services offered on the Platform;
- As from the date of termination, the YooMee Money partner financial institution undertakes to:
- Within ten (10) days, inform the Member of the possibility of withdrawing all the funds on his Account that are not subject to a dispute or a legal procedure in progress; The sums shall be available to the Member who may obtain payment subject to verification of his identity, for the legal period imposed by the regulations in force. Restore or delete the Member's Personal Data on his Account subject to his legal obligations.
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.
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.
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.