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Terms of Use

Legal information

 

The website kmeroccase.com, hereinafter referred to as “The Site” is a platform offering a service for filing and viewing classified ads on the Internet for professionals and individuals. Access to the website kmeroccase.com, its consultation and its use are subject to the unreserved acceptance of these general conditions of use by any Internet user. By browsing the site, you acknowledge having read and fully and unreservedly accepted these Terms of Use.

 

Preamble

 

Each of the terms mentioned below will have the following meaning in these Terms of Use of the KmerOccase platform (hereinafter referred to as the « TOU ») :

 

      Buyer : refers to any User who is an adult natural person with a Personal Account who buys or wishes to buy one or more Goods on the Site from a Seller

 

      Ad : refers to all the elements and data (visual, textual, sound, photographs, drawings), posted by an Advertiser under his editorial responsibility, with a view to buying, renting or selling a good or offering or researching a service or a employment and published on the Site and Applications.

 

      Advertiser : means any natural person or major legal person established in Cameroon, holder of a Professional or Personal Account, and having filed and posted an Advert on the KmerOccase platform. The term "Advertiser" includes in the TOU the two types of Advertisers disseminating advertisements via the KmerOccase platform, namely :

- Individual "Advertiser" : who designates any natural person of full age, acting exclusively for private purposes established in Cameroon and having filed and posted an Advert from the Website, and / or the Application. All Individual Advertisers must imperatively hold a Personal Account to submit and manage their Advert(s).

- "Pro" Advertiser : which designates any legal person, established in Cameroon submitting, for exclusively professional purposes, Advertisements from the website and / or the Application. All Pro Advertisers must have a “Pro Account” to submit and manage their Advert(s). The following activities can be assimilated to a professional activity :

  • · Resell items purchased for this purpose and not for personal use,
  • · Sell ‚Äč‚Äčitems created by the advertiser,
  • · regularly sell a large volume of items,
  • · sales to generate profits and generate substantial income.

 

      Applications : means the Android application which can be downloaded for free on an Android phone from the Google Play Store, and the optimized application for iPhone and iPad can be downloaded for free from the Apple App Store on an iPhone or iPad having at least the Version iOS 11 for iPhone and iPad, allowing Users and Advertisers to access the KmerOccase platform..

 

      Item : refers to any product the sale of which is not prohibited by applicable Cameroonian regulations or by the Site Rules and policies and which is offered for sale by the Seller on the Site.

 

      Personal Account : refers to the free space, accessible from the Site and the Applications, that any Private Advertiser must create for himself, and from which he can distribute, manage, consult his Ads, subscribe to one or more paid option(s)  and buy credits.

 

      Pro Account : designates the space accessible from the Site and the Applications, which any Pro Advertiser must create for himself, and from which he can broadcast, manage and consult his advertisements.

 

      Accommodations : refers to all the accommodation offered by the Hosts for seasonal rental via an Ad on the Site.

 

      Host : means any adult natural person established in Cameroon or elsewhere, holder of a Personal Account, who posts an Ad on the Site in the categories Furnished apartments, Bed and Breakfast, Unusual accommodations, Cottages, Furnished studios, Furnished villas to offer the rental of his Accommodation to a Traveler.

 

      Hotel-keeper : refers to the hotel establishment offering its Hotel Products on the Site.

 

      Messaging : refers to the messaging system made available to Users and Advertisers within the framework of the use of the KmerOccase platform and allowing their communication by exchange of private messages that only the Users and Advertisers concerned can consult. Messaging is accessible to Users and Advertisers with a Personal or Professional Account.

 

      Notifications : refers to the notifications received by Users and Private and Professional Advertisers in connection with the use of the KmerOccase platform.

 

      Hotel Product  : refers to the rooms and associated services (eg: breakfast, parking, etc.) offered by Hotel- keepers and displayed on the Site.

 

      KmerOccase Service : refers to the KmerOccase services made available to Users and Advertisers on the Site and the Applications as described in article 2 of these Term of Use.

 

      Site : refers to the website operated by Cameroon Business Corporation accessible mainly from the link https://kmeroccase.com and allowing Users and Advertisers to access the KmerOccase platform via the internet as described in article 2 of these Term of Use.

 

     User : refers to any visitor, having access to the KmerOccase platform via the Site and the Applications and consulting the KmerOccase Service, accessible from the various media.

 

      Private seller : Private advertiser, with a Personal Account which offers one or more items for sale.

 

     Professionnel Seller : Professional Advertiser, holder of a Pro Account, who acts as part of his professional or commercial activity, and offers one or more Goods for sale.

 

Article 1. Presentation of the website

 

The website  kmeroccase.com, operating under the trade name KmerOccase (hereinafter "KmerOccase"), is edited and operated by Cameroon Business Corporation SARL, a limited liability company registered in the trade and companies register of Yaounde, Cameroon under number RC/YAO/2021/B/1548, with a capital of 990,000 CFA francs, whose head office is located in Yaounde IV, Nkomo district :

 

The Publication Director of KmerOccase is Ms. Balla Nkodo Maximilienne, acting on behalf of the CEO of Cameroon Business Corporation Ltd.

 

The Site allows you :

  • · To create and access your professional or personal account;
  • · To submit and post free classifieds in various categories;
  • · To consult the announcements of other advertisers, according to your research, but also to get in contact with them via their telephone number if it is visible on the advertisement or via the contact form by clicking on the button « Send an email »,
  •  
  • · For professionals in the rental of spaces (Showcases) in order to deposit and publish free classified ads in different categories. You are therefore invited to consult the Terms of sales of the site.

 

KmerOccase is hosted by HostGator.com LLC - 5005 Mitchelldale Suite 100 Houston, TX 77092 United States.

 

Article 2. Purpose

 

The purpose of the Terms of Use is to determine the conditions of use of the Site by any user acting in a professional context, capable natural person, whoever they are, at least 18 years old (« You »).

 

They aim in particular to define the conditions under which you can access and browse the Site and use the various features offered there.

 

Any User / Advertiser declares to be informed that, in order to access the KmerOccase platform, he must have Internet access subscribed to with the supplier of his choice, the cost of which is his responsibility, and acknowledges that :

  • · The reliability of the transmissions is uncertain due in particular to the heterogeneous nature of the infrastructures and the networks on which they circulate and that, in particular, breakdowns or saturations may occur;
  • · It is up to the Advertiser to take any measure it deems useful to ensure the security of its equipment and its own data, software or others, in particular against contamination by any virus and / or attempted intrusion of which it could. to be a victim;
  • · TAny material connected to the Site is and remains the sole responsibility of the Advertiser, the responsibility of Cameroon Business Corporation Ltd cannot be sought for any direct or indirect damage that may arise as a result of their connection to the Site.

 

The Advertiser undertakes, where applicable, to respect and maintain the confidentiality of the login credentials of his Personal Account or Pro Account and expressly acknowledges that any connection to his Personal Account or Pro Account, as well as any transmission of data from his Personal Account or Pro Account will be deemed to have been created by the Advertiser.

 

Any loss, misappropriation or use of Login Identifiers and their possible consequences are the sole and entire responsibility of the Advertiser.

 

The Advertiser is informed and accepts that for technical reasons, his Advert will not be broadcast instantly after it is posted on the Site and the Applications.

 

The Advertiser is informed that by publishing his Ad on the Site, it may be shared by any User and / or any Advertiser on the social networks Facebook and Twitter, via the corresponding sharing button integrated into the pages.

 

Any published Announcement will be published on the Site and the Applications.

 

Any Advertiser is informed that Cameroon Business Corporation Ltd, is likely to publish classified ads services dedicated to one or more categories of deposit. Any Advertiser accepts that Cameroon Business Corporation Ltd, may broadcast its Advertisements on these dedicated services, within the limit of their lifespan or until their deletion.

 

The KmerOccase Service offered to Users and Advertisers varies according to the Advertiser's “Private” or “Professional” status and the communication medium used (Website or Applications). Thus, Users, connected to their Personal Account (or to their Pro Account for the aforementioned Pro Advertisers), can send a private message, via Messaging, to particular Advertisers by clicking on the "Send a message" button located next to it. of the Announcement.

 

Individual Users and Advertisers will be informed of any new message received, by email to the email address provided when opening their Personal Account and by a Notification received via the Applications.

 

Individual users and advertisers must then be signed in to their personal accounts to use messaging, including answering a caller and accessing their conversation history.

 

The email addresses of Users and Advertisers using the Messaging are not visible to their interlocutor, only the pseudonym entered when creating the account by the User and / or Advertiser will be visible.

 

Using Messaging:

The main purpose of sending private messages through Messaging is the exchange of information relating to Announcements.

 

Advertisers and Users using the Messaging undertake to adopt a respectful and loyal behavior towards their interlocutors as defined in our Charter of good conduct.

 

Cameroon Business Corporation Ltd does not have access to the content of private messages. Users and Advertisers are solely responsible for the content of private messages exchanged via the Messaging.

 

We recommend that Users and Advertisers exercise vigilance in communicating personal information to their interlocutor.

 

Cameroon Business Corporation Ltd reserves the right to suspend or prohibit access to the KmerOccase platform, in particular to Messaging, to any User or Advertiser who does not comply with these General Conditions of Use.

 

The Candidate Profile designates the profile that the candidate for a job offer has the possibility to create. For the profile to be finalized, the candidate must fill in the position he is looking for, its location within a radius of up to 100 kilometers and the last professional experience that he wishes to highlight. The candidate has the possibility to make his profile visible or not to recruiters and to upload his CV. 

his CV online. The candidate has the possibility to modify or delete his candidate Profile at any time from his Personal Account.

Any processing of personal data within the framework of these T & Cs is subject to the provisions of our confidentiality policy, which is an integral part of these T & Cs.

 

Article 3. Moderation of announcements

 

Cameroon Business Corporation Ltd reserves the right to remove, without notice, compensation or right to reimbursement, any Advert that does not comply with the rules for dissemination of the KmerOccase platform and / or that could infringe the rights of a third party. .

Any User is authorized to report abusive content on the Site and the Applications:

  • · Either by clicking on the "Report the advertisement" link located on each advertisement page,
  • · Or by email by clicking on the "Contact us" link.

By creating a Personal Account and / or a Pro Account, each holder acknowledges and accepts that Cameroon Business Corporation SARL may cancel, at any time, without compensation or the right to reimbursement of the sums incurred by the Advertiser for the purposes of subscribing to Paid Options, an account which would be contrary in particular to Cameroonian law and / or to the Distribution Rules set by Cameroon Business Corporation Ltd.

The Advertiser acknowledges and accepts that Cameroon Business Corporation Ltd may ask him for any document enabling him to verify the quality entered during the creation of his Personal Account and / or of his Pro Account and the holding of the rights and / or the obtaining of the permissions. necessary for the publication of its advertisement.

 

In the absence of communication of the supporting documents requested, Cameroon Business Corporation Ltd is entitled to delete, or to refuse, at any time, without compensation or the right to reimbursement of the sums incurred by the Advertiser for the purposes of his deposit or his subscription to Options. Paying.

 

Article 4. Responsibilities and guarantees

 

Advertiser commitments:

The Advertiser guarantees to hold all the rights (in particular intellectual property rights) or to have obtained all the authorizations necessary for the publication of his Advert.

The Advertiser guarantees that the Advert does not contravene any regulations in force (in particular relating to advertising, competition, sales promotion, the use of the French or English language, the use of personal data, the prohibition marketing of certain goods or services), nor any third party rights (in particular intellectual property rights and personality rights) and that it does not contain any defamatory or prejudicial message with regard to third parties.

Thus, the Advertiser undertakes in particular that the Advert does not contain:

  • · No hypertext link redirecting Users, in particular to websites operated by third parties at Cameroon Business Corporation Ltd,
  • · No information that is false, misleading or likely to mislead Users,
  • · Not defamatory or likely to harm the interests and / or the image of Cameroon Business Corporation Ltd or any third party,
  • · No content infringing the intellectual property rights of third parties,
  • · No promotional or advertising content related to the activity of the Advertiser. Indeed, an Ad is intended to promote a product and is not an advertising medium.

The Advertiser undertakes to only offer in the Advertisements the available goods which he has at his disposal. The Advertiser undertakes, in the event of unavailability of the good, to remove the Advert from the KmerOccase platform as soon as possible.

The Advertiser undertakes to provide a description of the Property in accordance with the following declarations:

  • · Mint condition: unused, complete, with unopened packaging and user manual (s).
  • · Very good condition: Very little or little used, without any flaws or scratches, complete and in perfect working order.
  • · Good condition: Well in perfect working order, with some small flaws (mentioned in the advertisement and visible in the photos).
  • · Average condition: In good working order, with obvious flaws and signs of wear (mentioned in the advertisement and visible in the photos).
  • · For parts: Non-functional good, for complete restoration or recovery of spare parts.
  • · Reconditioned (Professionals only): Well unpacked and used, which has been inspected and tested meticulously by a professional to be restored to working order and then reconditioned.

Special cases of clothing and footwear categories:

  • · New with tag: Item never worn, with purchase tag.
  • · New without tag: Item never worn but purchase tag missing.
  • · Very good condition: Item having been worn but showing no flaws, signs of wear or stains.
  • · Good condition: Item having been worn, with some small flaws or signs of wear (mentioned in the advertisement and visible in the photos).
  • · Satisfactory condition: Item having been worn, showing obvious defects or signs of wear (mentioned in the advertisement and visible in the photos).

The Advertiser declares to know the extent of the dissemination of the Site, to have taken all precautions to comply with the legislation in force at the reception sites and to release Cameroon Business Corporation Ltd from all responsibilities in this regard. In this context, the Advertiser declares and acknowledges that it is solely responsible for the content of the Advertisements that it publishes and makes accessible to Users, as well as for any document or information that it transmits to Users.

The Advertiser assumes full editorial responsibility for the content of the Advertisements he publishes. Consequently, the Advertiser releases Cameroon Business Corporation Ltd, its subcontractors and suppliers, from all responsibilities, guarantees them against any recourse or action in connection with the Advert that may be brought against them by any third party, and will assume its responsibility. for all damages as well as the costs and expenses to which they could be condemned or which would be provided against them by a transactional agreement signed by the latter with this third party, notwithstanding all damages including Cameroon Business Corporation Ltd, its subcontractors and suppliers could claim due to the damaging facts of the Advertiser.

 

By submitting any Advert, each Advertiser acknowledges and accepts that Cameroon Business Corporation Ltd may remove, or refuse, at any time, without compensation or the right to reimbursement of the sums incurred by the Advertiser for the purposes of its deposit or subscription to the Options. Paying, an Announcement which would be contrary in particular to Cameroonian law, to the distribution rules of the KmerOccase platform set by Cameroon Business Corporation Ltd and / or likely to infringe the rights of third parties.

In general, it is up to Advertisers to verify their status as natural or professional persons, in particular with regard to Cameroonian law.

In the event that Advertisements are broadcast by an Advertiser registered as a natural person holding a Personal Account, whose activity can be assimilated to a professional activity, Cameroon Business Corporation Ltd reserves the right to restrict the use of the platform. KmerOccase, in particular to refuse or limit the number of Advertisements that the Advertiser can put online on the Site.

Any Announcement is broadcast, from the day it is submitted, simultaneously on the Site and the Applications for a maximum period of 90 days. After this initial period of 90 days, Cameroon Business Corporation Ltd sends the Advertiser an e-mail informing him that his Ad has expired and that he is no longer online and offers to renew his Ad for 3 additional months. If the Advertiser does not renew his Advert within 5 days of receiving this email, he will not be able to extend his Advert and will have to resubmit it.

The Advertiser also undertakes that his Personal Account and / or his Pro Account does not contain:

  • · No false and / or misleading mandatory information
  • · No information infringing the rights of a third party
  • · No photography:
    •      - for which he does not hold the intellectual property rights,
    •     - on which other people than him are visible unless these people have given their consent for the publication of these photographs,
    •      - on which personal data is visible
    •    - which are or are likely to be considered as erotic or pornographic photographs, or contrary to good morals or public order.

In this context, the holder declares and acknowledges that he is solely responsible for the information provided when creating his Personal Account and / or his Pro Account.

Responsibilities and obligations of Cameroon Business Corporation SARL:

In its capacity as host, Cameroon Business Corporation Ltd is subject to a reduced liability regime provided for by Cameroonian law. Cameroon Business Corporation Ltd can therefore in no way be held responsible for the content of Ads published by Advertisers as well as messages and content exchanged via the Messaging and gives no warranty, express or implied, in this regard.

Cameroon Business Corporation Ltd is a third party in the correspondence and relations between Advertisers and Users, and therefore excludes all liability in this regard.

Limitation of Liability:

Cameroon Business Corporation Ltd undertakes to implement all necessary means to ensure the best possible provision of a good service to Users of the KmerOccase platform. However, Cameroon Business Corporation Ltd declines all responsibility in the event of:

· Interruptions, breakdowns, modifications and malfunctions of the Service, whatever the communication medium used and whatever the origin and origin,

· Loss of data or information stored by Cameroon Business Corporation Ltd. It is up to Advertisers to take all necessary precautions to keep the Advertisements they publish via the KmerOccase platform,

  • · Temporary impossibility of access to the Site and / or Applications due to technical problems, whatever their origin and provenance,
  • · Direct or indirect damage caused to the User or the Advertiser, whatever its nature, resulting from the content of the Advertisements and / or access, management, Use, operation, dysfunction and / or interruption of the Service,
  • · Abnormal use or illegal exploitation of the KmerOccase platform by any User or Advertiser,
  • · Poor execution or non-compliance with promises made by Sellers or Buyers,
  • · Computer attack or hacking, deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet network.

The responsibility of Cameroon Business Corporation Ltd can only be engaged for direct damage suffered by the Advertiser, resulting from a breach of its contractual obligations as defined in these T & Cs. The User / Advertiser therefore waives claiming compensation from Cameroon Business Corporation SARL for any reason whatsoever, for indirect damage such as loss of profit, loss of opportunity, commercial or financial damage, additional cost. general or losses resulting from or being the consequence of the execution of these T & Cs.

 

Any User and Advertiser is then solely responsible for damage caused to third parties and the consequences of complaints or actions that may result therefrom. The User also renounces to exercise any recourse against Cameroon Business Corporation Ltd in the event of legal proceedings instituted by a third party against him due to the use and / or illicit exploitation of the KmerOccase platform, in the event of loss by a User or an Advertiser of his password or in the event of theft of his identity.

 

Article 5. Copyright

 

All intellectual property rights (such as in particular copyright, neighboring rights, trademark rights, rights of database producers) relating to both the structure and the content of the Site and the Applications and in particular the images, sounds, videos, photographs, logos, brands, graphics, text, visuals, tools, software, documents, data, etc. (hereinafter referred to as “Elements” as a whole) are reserved. These Elements are the property of Cameroon Business Corporation Ltd. These Elements are made available free of charge to Users and Advertisers for the sole use of the KmerOccase platform, and within the framework of normal use of its functions. Users and Advertisers undertake not to modify the Elements in any way.

Any use not expressly authorized of the Elements of the Site and the Applications entails a violation of copyright and constitutes an infringement. It may also result in a violation of image rights, human rights or any other law and regulation in force. It can therefore engage the civil and / or criminal liability of its author.

It is prohibited for any user and advertiser to copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code, sell, assign, sublicense or transfer in any way. it would be. or any right relating to the Elements.

All Users and Advertisers of the KmerOccase platform undertake in particular not to:

  • · Use or query the platform on behalf or for the benefit of others;
  • · Extract, for commercial purposes or not, all or part of the information or small advertisements present on the KmerOccase platform and on the Site and the Applications;
  • · Reproduce on any other medium, for commercial purposes or not, all or part of the information or small advertisements present on the KmerOccase platform and on the Site and the Applications making it possible to reconstitute all or part of the original files;
  • · Use a robot, in particular a crawler (spider), an application for searching or retrieving websites or any other means making it possible to retrieve or index all or part of the content of the Website and the Applications, except in the case of authorization express and prior of Cameroon Business Corporation Ltd;
  • · Copy the information onto media of any kind enabling all or part of the original files to be reconstituted.

Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements, in any way whatsoever, without the prior written authorization of Cameroon Business Corporation Ltd is illegal. These illicit acts engage the responsibility of its authors and are likely to lead to legal proceedings against them and in particular for counterfeiting.

The KmerOccase brands and logos, as well as the Cameroon Business Corporation Ltd brands and logos are registered trademarks. Any total or partial reproduction of these brands and / or logos without the prior written permission of Cameroon Business Corporation Ltd is prohibited.

Cameroon Business Corporation Ltd is the producer of the database for the KmerOccase platform. Consequently, any extraction and / or reuse of the database (s) is prohibited.

Cameroon Business Corporation Ltd reserves the right to exercise all recourse against persons who have not respected the prohibitions contained in this article.

The KmerOccase platform may contain hypertext links redirecting to sites operated by third parties. These links are provided for information only.

Cameroon Cameroon Business Corporation Ltd has no control over these sites and declines any responsibility for the access, content or use of these sites, as well as for any damage that may result from consulting the information on these sites.

The decision to activate these links is the full and entire responsibility of the User. No hypertext link can be created to the KmerOccase platform without the prior and express consent of Cameroon Business Corporation Ltd.

If an Internet user or a legal person wishes to create, from his site, a hypertext link to the KmerOccase platform and this whatever the medium, he must first contact Cameroon Business Corporation Ltd by sending him an email at the following address contact@kmeroccase.com. Any silence from the Cameroon Business Corporation Ltd must be interpreted as a refusal.

 

The content of the Advertisements published belongs to the Advertisers, however, by posting the Advertisements on the Website, the Advertiser grants Cameroon Business Corporation Ltd the right of non-exclusive, transferable, licensed and free use for the whole world to :

  • · All the content of the Advertisements and in particular on the photographs, texts, videos, illustrations, brands, logos, titles (hereinafter the "Content"), as and when they are published on the Site,
  •  · All intellectual property rights relating to the content and in particular the copyright on the elements used in his advertisement, such as photographs, texts, videos, drawings, illustrations, sound elements, and this for the entire legal duration of his rights of intellectual property and for the whole world.

The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, produce a derivative work, translate all or part of the Content by any means, in any form whatsoever and on all known media (digital, printed, etc.) or unknown to date, in the context of the services offered by the KmerOccase platform or in connection with the activity of Cameroon Business Corporation Ltd, and this for commercial or non-commercial purposes and in particular for advertising purposes, as well as in as part of a broadcast on the social networks on which KmerOccase is present and in particular the Facebook, Twitter, LinkedIn and Instagram pages, but also on the KmerOccase website.

In particular, the photographs of the Advertisements may be reproduced and integrated into advertising formats broadcast on the KmerOccase Site, only in connection with the Advert posted.

The Advertiser agrees to the resumption of his Ad and its Content on social networks, in particular Facebook, Instagram and Twitter. Consequently, the Advertiser certifies having read the conditions of use of the Facebook, Twitter, LinkedIn and Instagram sites and accept them, in particular with regard to the reuse of Content and personal data.

Under this license, Cameroon Business Corporation Ltd, without this creating any obligation to act, is entitled to oppose the reproduction and use by unauthorized third parties of the Ads posted on the Site. Internet and their content.

The advertiser also grants Users the non-exclusive right to access the Content via the services of the KmerOccase platform and to use and represent the Content to the extent permitted by the functionalities of the KmerOccase platform, for the whole world.

 

Article 6. Miscellaneous provisions

 

Cameroon Business Corporation Ltd reserves the right, at any time, to modify or interrupt the accessibility of all or part of the services provided by the KmerOccase platform and / or the Website or the Applications.

The fact that Cameroon Business Corporation Ltd does not avail itself at a given time of any one of the provisions of these T & Cs cannot be interpreted as a waiver of subsequently availing itself of any of the aforesaid conditions.

Cameroon Business Corporation Ltd reserves the right to modify, at any time, all or part of these T & Cs. Users and Advertisers are therefore invited to regularly consult these T & Cs in order to be aware of any changes made.

Use of the Site by Users and Advertisers constitutes acceptance by the latter of the modifications made to the T & Cs.