Terms of Use | Legal Cameroun

Article 1: Definitions

In these Terms of Use, the following terms, whether used in the singular or the plural, have the meanings set out below:

Publisher: RODEC CONSEILS, a single-member limited liability company (SARLU) with a share capital of 2,000,000 FCFA, registered with the Trade and Personal Property Credit Register under number RC/DLA/2023/B/7439, with taxpayer number M12316303468N, whose registered office is at Akwa II, Douala, Republic of Cameroon.
Site or Platform: the Legal Cameroun website, available at https://www.legalcameroun.com, together with all its subdomains, language versions, pages, content, features and associated services.
User: any natural or legal person who accesses the Site or uses all or part of the Services offered, in any capacity whatsoever.
Services or Online Services: all the features, content, services and tools available on the Site, including in particular the consultation of legal information, the simulators, quote requests, appointment booking, newsletter subscription, contact forms and any other service offered by the Publisher.

Article 2: Purpose and scope

2.1. The purpose of these Terms of Use (the « Terms ») is to set out the conditions for accessing, browsing and using the Site and the Online Services offered on it.

They govern exclusively the relationship between the Publisher and Users in connection with the use of the Site. They do not set out the conditions for performing the legal, administrative or advisory services offered by the Publisher, which are covered by separate contractual documents, such as a quote, an engagement letter, a service agreement or any other specific agreement.

2.2. These Terms are governed by Cameroonian law. They are interpreted and applied in accordance with the laws and regulations in force in Cameroon, without prejudice to the application of the OHADA Uniform Acts and the international conventions duly ratified and in force in the Republic of Cameroon.

Article 3: Acceptance and entry into force

3.1. Accessing and using the Site implies the User’s unreserved acceptance of these Terms. Anyone who does not wish to be bound by them is invited to stop using the Site immediately.

3.2. Where access to certain Online Services requires express acceptance of these Terms, that acceptance is given through an affirmative action by the User, in particular by ticking a box that is not pre-ticked or by any other equivalent means of obtaining their consent.

3.3. These Terms come into force when they are published on the Site. The applicable version is the one in force on the date the User consults or uses the Site.

3.4. The User declares that they have the legal capacity required to accept these Terms and to use the Services offered on the Site. Where they act on behalf of a legal person or a third party, they warrant that they are duly authorised to bind it.

3.5. The Site is intended for adults and professionals. The Publisher does not knowingly collect personal data from minors and reserves the right to delete any account or request made in breach of this provision.

Article 4: Access to the Site

4.1. Free access

Access to the Site and the consultation of its content and information are free of charge, except for the costs of Internet access and telecommunications charges, which remain entirely the responsibility of the User.

4.2. Availability of the Site

The Publisher uses all reasonable means to ensure that the Site is accessible and works properly. It is, however, bound only by an obligation of means in this respect.

The Publisher does not guarantee that the Site will be permanently or continuously available, or free of errors. Access to it may be temporarily interrupted, suspended or limited, in particular for maintenance, updates or technical improvements, in the event of a failure of electronic communication networks, or in the event of force majeure.

4.3. Suspension or restriction of access

The Publisher reserves the right to suspend, restrict or interrupt, at any time and without notice, access to all or part of the Site or the Online Services where it considers that a User is using them in a manner contrary to these Terms, to public order, to accepted standards of decency or to the applicable regulations.

4.4. Languages of the Site

The Site is available in French and English. In the event of any discrepancy in interpretation or contradiction between the language versions of these Terms or of any other contractual content published on the Site, the French version shall prevail.

Article 5: Payment

5.1. Payment provider

Where paid services are offered through the Site, payments are processed through the secure Notch Pay platform or through any other payment provider that the Publisher may designate in the future.

5.2. Payment security

The Publisher does not collect, store or have access to the User’s full banking details or payment information. This data is processed directly by the payment provider in accordance with its own terms of use and privacy policy.

5.3. Liability relating to payment services

As payment transactions are carried out by an independent third-party provider, the Publisher cannot be held liable for any malfunction, temporary unavailability of the payment service or any incident attributable to that provider.

Article 6: User obligations

6.1. User obligations

The User undertakes to:

Provide accurate, complete, truthful and regularly updated information in the forms, simulators and any other tool made available on the Site;
Use the Site and the Online Services in accordance with their intended purpose, these Terms and the laws and regulations in force;
Respect the rights and legitimate interests of the Publisher, other Users and third parties;
Keep their login credentials confidential, where applicable, and inform the Publisher without delay of any unauthorised use of which they become aware;
Refrain from any behaviour likely to undermine the security, integrity or proper functioning of the Site.

6.2. Prohibited uses

In particular, the User is prohibited from:

Attempting to access, fraudulently or without authorisation, all or part of the Site, its servers, databases or associated computer systems;
Introducing, transmitting or spreading any virus, malware, harmful code or any other device likely to compromise the security or functioning of the Site;
Disrupting, slowing down or hindering the normal functioning of the Site, in particular through cyberattacks, deliberate overloading or any similar method;
Extracting, copying, harvesting, indexing or reusing, by automated means, all or part of the content, data or features of the Site using robots, scripts, automated collection software (« scraping ») or any equivalent process, without the Publisher’s prior written authorisation;
Impersonating a third party, misrepresenting their status or providing inaccurate, misleading or fraudulent information;
Using the Site for unlawful or fraudulent purposes or purposes contrary to public order, in particular in connection with money laundering, fraud, the concealment of activities or the creation of structures intended for illegal activities;
Infringing the intellectual property rights of the Publisher or of third parties;
Reproducing, representing, distributing, marketing or exploiting all or part of the content of the Site for commercial purposes without the Publisher’s prior written authorisation.

6.3. Sanctions for breaches

In the event of a breach of these Terms or of any applicable law or regulation, the Publisher reserves the right, without notice and without compensation, to:

Suspend or restrict the User’s access to all or part of the Site;
Delete any content, information or data concerned;
Refuse any subsequent request for access to or use of the Services;
Take any administrative, civil or criminal action it considers necessary to protect its rights and interests.

These measures are taken without prejudice to any claim for compensation for the damage suffered by the Publisher or by third parties.

Article 7: Liability of the Publisher

7.1. Principle

The Publisher uses all reasonable means to ensure access to, and the availability and proper functioning of, the Site and the Online Services. In this respect, it is bound by an obligation of means.

7.2. Limitation of liability

The Publisher cannot be held liable, directly or indirectly, for:

The consequences of using the content, information, templates, tools or simulators offered on the Site as a substitute for personalised legal, tax, accounting or professional advice;
Damage resulting from a misinterpretation or inappropriate use of the information made available on the Site;
Interruptions, slowdowns, unavailability, errors or malfunctions of the Site attributable to a third party or to an event beyond its control, in particular a failure of the Internet, of the hosting provider or of telecommunications infrastructure, a power cut or a cyberattack despite the implementation of reasonable security measures;
The consequences of inaccurate, incomplete, erroneous or outdated information provided by the User;
The content, availability, functioning or practices of third-party websites, platforms or services accessible through hyperlinks on the Site, in particular public administrations, official platforms, social networks, messaging applications or third-party service providers.

7.3. Force majeure

The Publisher cannot be held liable for any failure or delay in performing any of its obligations where such failure or delay results from a case of force majeure as defined by the applicable legislation or case law, or from any event reasonably beyond its control.

7.4. Consumer rights

The limitations and exclusions of liability set out in this article apply to the fullest extent permitted by the applicable regulations. They cannot have the effect of depriving a User acting as a consumer of the rights granted to them by the mandatory provisions of Framework Law No. 2011/012 of 6 May 2011 on consumer protection in Cameroon, or by any other applicable mandatory legal or regulatory provision.

Article 8: Intellectual property

8.1. Ownership of rights

The Site, its architecture, structure, software, texts, articles, illustrations, photographs, videos, databases, tools, simulators, graphic elements, visual identity, trademarks, logos, trade names, company names and, more generally, all the elements making up the Site (the « Content ») are protected by intellectual property laws.

They are the exclusive property of the Publisher or are used under an authorisation granted to it by their respective owners, in accordance in particular with the applicable provisions of the revised Bangui Agreement of 14 December 2015 establishing OAPI and the national legislation in force.

8.2. Prohibition of unauthorised use

Any reproduction, representation, distribution, adaptation, translation, modification, extraction, decompilation, exploitation, marketing or reuse, in whole or in part, of all or part of the Content of the Site, by any means and on any medium, without the Publisher’s prior, express and written authorisation, is prohibited and may constitute an infringement of intellectual property rights giving rise to civil, administrative or criminal proceedings.

8.3. Right of use granted to the User

The User is granted only a personal, temporary, non-exclusive, non-transferable and revocable right to access and use the Site.

No intellectual property rights are transferred to the User through the use of the Site.

Short quotations of the content of the Site for information, commentary or reference purposes are permitted, provided that:

They comply with fair practice;
They do not distort the content quoted;
The source is clearly stated;
A link to the Site is provided where technically possible.

8.4. Content and information provided by the User

The information, documents, data, comments or content provided by the User remain their property or that of their respective owners.

The User warrants that they hold all the necessary rights to the items provided to the Publisher.

Solely for the purposes of processing their request, performing the Services requested and complying with the applicable legal and regulatory obligations, the User grants the Publisher a non-exclusive, free and limited right to use, reproduce, store and process those items for the time needed to achieve these purposes.

Article 9: General provisions

9.1. Partial invalidity

If any provision of these Terms is declared void, unlawful or unenforceable by a competent authority, the other provisions shall remain in full force.

9.2. No waiver

The Publisher’s failure to rely on any provision of these Terms at any given time shall not be interpreted as a waiver of its right to rely on it at a later date.

9.3. Entire agreement

These Terms, together with the Legal Notice and the Privacy Policy available on the Site, constitute all the rules applicable to the use of the Site.

Article 10: Changes to the Terms

10.1. The Publisher reserves the right to amend, supplement or update these Terms at any time, in particular to take account of legal, regulatory, case-law, technical or functional developments of the Site and the Services offered.

10.2. The applicable Terms are those in force and published on the Site on the date the User accesses or uses it. Each version of the Terms states the date of its last update.

10.3. Any continued use of the Site after a new version of the Terms has been published constitutes full acceptance of that version by the User.

10.4. It is the User’s responsibility to consult the Terms regularly in order to be aware of any changes made to them.

Article 11: Governing law, dispute resolution and jurisdiction

11.1. Governing law

These Terms are governed by and interpreted in accordance with the law in force in the Republic of Cameroon, subject to the mandatory provisions of the OHADA community texts and the international conventions duly ratified and applicable in Cameroon.

11.2. Amicable settlement of disputes

In the event of a dispute relating to the interpretation, validity, performance or termination of these Terms, the Parties undertake to seek an amicable solution first.

To this end, the User may send any complaint or request for information to the Publisher at the following address: contact@legalcameroun.com. The Publisher will endeavour to respond within a reasonable time of receipt.

11.3. Jurisdiction

Failing an amicable settlement, any dispute relating to these Terms, to access to the Site or to its use shall fall under the exclusive jurisdiction of the territorially competent Cameroonian courts, unless otherwise required by a mandatory legal or regulatory provision.

11.4. Independence of actions

The attempt at amicable settlement provided for in this article does not deprive any Party of the right to apply to the competent court for any interim, urgent or protective measure needed to safeguard its rights.

Article 12: Contact

For any question about these Terms, any request for information or any complaint about the use of the Site, you can contact the Publisher at the following email address: contact@legalcameroun.com.

The French version of these Terms of Use prevails in the event of any discrepancy.