As part of the Service, Evolution Credit Union Cooperative Society Ltd will provide the Customer with use of the Service, including a browser interface and data transmission, access and storage. Customer’s registration for, or use of, the Service constitutes an agreement of Customer vis a vis Evolution Credit Union Cooperative Society Ltd to abide by these Terms of Service (“Agreement”) including any materials and terms available on the Evolution Credit Union Cooperative Society Ltd websites incorporated by reference herein, including but not limited to Evolution Credit Union Cooperative Society Ltd’s privacy and security policies.
The Service is offered for the following software applications:
Customer acknowledges and agrees to the Terms of Service herein. In addition, Customer agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new Service(s) subsequently purchased by the Customer will be subject to this Agreement.
Customer agrees that Customer is responsible for own conduct and content while using the Service and for any consequences thereof. Customer agrees to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service.
In order to use the Service, Customer must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. Customer must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web. We are not an internet access provider.
Customer agrees to provide accurate, current and complete information (“Registration Data”) about Customer as prompted by the registration form, which Customer will fill out online in order to gain access to the Service. Customer further agrees to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. Customer acknowledges and agrees that if Customer provides information that is intentionally inaccurate, not current or incomplete in a material way, or Evolution Credit Union Cooperative Society Ltd has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way, Evolution Credit Union Cooperative Society Ltd has the right to suspend or terminate Customer’s account.
Customer agrees to provide Evolution Credit Union Cooperative Society Ltd with Customer’s email address, to promptly provide Evolution Credit Union Cooperative Society Ltd with any changes to Customer’s email address, and to accept emails (or other electronic communications) from Evolution Credit Union Cooperative Society Ltd at the email address Customer specifies. Except as otherwise provided in this Agreement, Customer further agrees that Evolution Credit Union Cooperative Society Ltd may provide any and all notices, statements, and other communications to Customer through either email or posting on the Service, unless a stricter form is required by law and law prohibits that the parties can by agreement among themselves deviate from this stricter form in general terms and conditions / terms of service.
Except as expressly and unambiguously permitted hereunder, each party shall hold in confidence and not use or disclose any materials or information disclosed by the other party that are marked as confidential or proprietary, or if disclosed verbally, reduced to writing and marked confidential within thirty (30) days after the date of disclosure (“Confidential Information”). Confidential Information will also include the Applications, Software, Documentation and any new product or service information. Each party shall treat the other party’s Confidential Information with at least the same degree of care it uses to prevent unauthorized disclosure or use of its own Confidential Information, but in no event less than reasonable care. Confidential Information will not include any materials or information that the recipient can prove is now, or later becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public; (ii) is known by the receiving party at the time of disclosure as evidenced by its records; (iii) is furnished to the receiving party by a third party, as a matter of right and without restriction on disclosure; (iv) is independently developed by the receiving party without any breach of this Agreement; (v) is the subject of a written permission to disclose provided by the disclosing party; however, that the receiving party shall first have given notice to the disclosing party and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for which the order was issued; or (vii) is otherwise necessary to establish rights or enforce obligations under this Agreement, but only to the extent that any such disclosure is necessary. Access to the Confidential Information is limited to employees and agents of the receiving party who have a legitimate “need to know” the information for their performance of this Agreement, who have been advised of the confidential nature thereof and who have agreed in writing, as a condition of employment, engagement or otherwise, to protect the Confidential Information with terms no less than are imposed by this Agreement. Notwithstanding the above, Evolution Credit Union Cooperative Society Ltd may use aggregate information to measure general Service usage patterns and characteristics of its user base, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference names, phone numbers, email addresses, or other personally identifiable information, and it is not traceable to a specific recipient or user email address.
Unless otherwise indicated by Evolution Credit Union Cooperative Society Ltd for the relevant Service, Fees for the subscription or use of a Service are payable and remitted to Evolution Credit Union Cooperative Society Ltd, as further described immediately below. Evolution Credit Union Cooperative Society Ltd charges and collects Fees in advance for use of the Service. During any Term, Evolution Credit Union Cooperative Society Ltd will automatically renew and bill Customer’s credit card or issue an invoice (a) every month for monthly service, (b) each year on the subsequent anniversary for annual service, or (c) as otherwise mutually agreed upon.
Payments made by the Customer under this Agreement exclude any taxes or duties payable in respect of the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Evolution Credit Union Cooperative Society Ltd, the Customer must pay to Evolution Credit Union Cooperative Society Ltd the amount of such taxes or duties in addition to the Service Fees under this Agreement. Notwithstanding the foregoing, the Customer may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In such event, Customer shall have the right to provide to Evolution Credit Union Cooperative Society Ltd with any such exemption information and Evolution Credit Union Cooperative Society Ltd will use reasonable efforts to provide such invoicing documents as may enable the Customer to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available.
All payments for Fees shall be due according to the terms in Section 5 (Fees, Billing and Renewal) and as provided on the relevant Service, and shall be deemed delinquent if not received by the due date. In addition to any other rights granted to Evolution Credit Union Cooperative Society Ltd herein, Evolution Credit Union Cooperative Society Ltd reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if Customer’s account becomes delinquent. If Customer or Evolution Credit Union Cooperative Society Ltd initiates termination of this Agreement, Customer will be obligated to pay the balance due on account computed in accordance with this Section and the Fees, Billing and Renewal Section above. Customer agrees that Evolution Credit Union Cooperative Society Ltd may charge such unpaid Fees and charges to Customer’s credit card or otherwise bill Customer for such unpaid Fees and charges. Customer agrees and acknowledges that Evolution Credit Union Cooperative Society Ltd has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if Customer’s account becomes delinquent for over a period of 12 months. Evolution Credit Union Cooperative Society Ltd further reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if Customer’s account has been inactive for 90 or more days.
Customer shall not transfer or assign this Agreement or any rights or obligations hereunder without the prior written consent of Evolution Credit Union Cooperative Society Ltd, and any attempted assignment or transfer in violation of the foregoing will be void.
Customer grants Evolution Credit Union Cooperative Society Ltd the right to include the Customer as a customer in Evolution Credit Union Cooperative Society Ltd’s promotional material. Customer can opt to have their name excluded from such use by Evolution Credit Union Cooperative Society Ltd except as agreed to in writing on a case-by-case basis by providing a sufficiently detailed email request regarding the same to support@Evolution Credit Union Cooperative Society Ltd.com; the subject line in such email should be entitled “Non-use of Customer Name.”
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Evolution Credit Union Cooperative Society Ltd represents and warrants that it will use commercially reasonable efforts to provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and substantially in accordance with the online Evolution Credit Union Cooperative Society Ltd support documentation under normal use and circumstances. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that billing information is correct.
Evolution Credit Union Cooperative Society Ltd MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH. Evolution Credit Union Cooperative Society Ltd AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS.
Nothing in this section 12 shall limit either party’s obligations and liability in cases of loss of life, bodily injury, damage to a person’s health or in cases of intentional infliction of harm, deceit, fraud or gross negligence of the other party or of others which the other party employs or uses to perform its obligations under this Agreement. The same shall be true for cases of negligence of such others employed or used by the party in the performance of its services.
Evolution Credit Union Cooperative Society Ltd WILL NOT BE LIABLE FOR LOST PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF Evolution Credit Union Cooperative Society Ltd IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, unless such damages are typical for this type of service provider – customer relationship and could have been foreseen by the parties.
If Customer purchases the services for commercial use and is a merchant as defined by Cameroonian law, the following addition, limitation of liability applies: Evolution Credit Union Cooperative Society Ltd shall only be liable for damages that are typical for this type of service provider – customer relationship and could have been foreseen by the parties.
Nothing in this section 13 shall limit either party’s obligations and liability in cases of loss of life, bodily injury, damage to a person’s health or in cases of intentional infliction of harm, deceit, fraud or gross negligence of the other party or of others which the other party employs or uses to perform its obligations under this Agreement. The same shall be true for cases of negligence of such others employed or used by the party in the performance of its services.
This Agreement is governed by the laws of Cameroon and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Cameroon, in case they (i) purchase the services for commercial use and are merchants as defined by Cameroon law or (ii) have no Cameroon general residence or other place of general jurisdiction in Cameroon at the time of entering into this Agreement or move their general residence or other place of general jurisdiction to a location outside of Cameroon after entering into this Agreement.
This Agreement, including all Order Forms provided by and entered with Cameroon in connection herewith, constitutes the entire agreement between the parties with regard to its subject matter, supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between the parties, whether oral or written, shall apply in lieu of the terms of service in any Customer purchase order or other order documentation (all such terms of service shall be null and void), and there are no other agreements, representations, warranties, or commitments which may be relied upon by either party.
No amendment or waiver of this Agreement shall be effective unless signed by authorized representatives of the parties hereto. The same applies to this written form clause itself. However: We reserve the right to modify these general terms and conditions without giving reasons for it. The modified terms will then be sent to the Customer via e-mail four weeks before their effective date. Unless the Customer rejects the modifications prior to the due date they shall become effective with the expiration of time, provided we have pointed out, as we shall do, to the Customer the significance of his conduct and the significance of the 4-week-deadline in our e-mail.
Neither party shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the non-payment of money) on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, governmental action, labor, or any other cause which is beyond the reasonable control of the party. Nothing in this paragraph shall limit either party’s obligations and liability in cases of loss of life, bodily injury, damage to a person’s health or in cases of intentional infliction of harm, deceit, fraud or gross negligence of the other party or of others which the other party employs or uses to perform its obligations under this Agreement. The same shall be true for cases of negligence of such others employed or used by the party in the performance of its services.
If a court of competent jurisdiction finds any provision hereof invalid or unenforceable, that provision will be deemed struck, and the remainder of this Agreement will remain in full force and effect.
In the event of a conflict with the provisions of this Agreement, the provisions in any Order Form shall govern.