TERMS AND CONDITIONS OF USE
The present Terms and Conditions of Use are concluded between SUITCH SAS and the Client, as defined below.
Simplified Joint Stock Company with a capital of 100 000 000 F CFA having its registered office in Douala Makepe, BP 24206, registered in the RCCM of Douala under the number RC/DLA/2015/B/204, Tel : (237) : 243 684 797, E-mail : hello@SuiTch.tech
SUITCH draws the attention of the users of its platform which includes its mobile application and its web interfaces and all its services to the Terms and Conditions of use of the various tools made available to them. For any access to these services, the Customer agrees to be bound by the terms and conditions below:
- IDENTITY OF THE PARTS
SUITCH (hereinafter referred to as “the Supplier”) provides the Customer with a mobile and online payment and budget monitoring platform, hereinafter referred to as “the Services”, on the website https://suitch.tech (hereinafter referred to as “the Site”) or by downloading an application for a mobile terminal (phone, tablet, etc.) (hereinafter referred to as “the Application”).
The GCU define the conditions under which the Customer is authorised to access and use the SuiTch Services.
They describe, in particular, the conditions and limits under which SUITCH grants the Customer, in ASP (Application Service Providing) mode, a personal, non-transferable and non-exclusive licence to use the hosted software package, the application and the website and the related documentation, to the exclusion of any right of exploitation of any kind whatsoever, for the duration defined in the GCU.
In particular, they describe the authorization that the Customer gives to the Authorized Service Provider to transfer his/her data to SUITCH in order for the latter to provide the SuiTch Service.
Notification(s): any information relating to the activities of the distribution network and partners and published in the SuiTch Application.
Application: a program provided by SUITCH, downloadable and executable from the operating system of a mobile electronic device allowing connection to the Internet (Smartphone, touch tablet, etc.) and integrating all SuiTch services. The list of download platforms where the application is available can be found in the “Need help?”.
Access Point (called PDA): a vendor, service provider and association that has subscribed to the SuiTch service, is a professional and accepts merchant payments via SuiTch, as well as customer deposits and withdrawals to their SuiTch accounts. The list of these Merchants appears in the mobile application as well as on the SuiTch website.
Account: the account of the User opened in the books of SuiTch on which the units of currency are stored. Each User may only have one Account.
Personalized Security Device: a device for securing access to the application consisting of a user ID, a confidential code and a password for reconnection.
Personal space: parts of the SuiTch Application allowing the User to access his Personal Information and his Account accessible on a secure platform, by entering the User’s confidential code.
Traders’ files: all the information provided and filled in by each Trader, relating to his identity and his activity, accessible to Users from the website https://suitch.tech. This information is in no way binding on SUITCH.
Identifier: this identifier is the mobile phone number of the User and allows him/her to identify himself/herself to initiate a payment.
Information(s): all content, targeted and put online by SUITCH in the SuiTch Application. This includes in particular Merchant Information, Promotional Offers, News and Loyalty Programs.
Personal Information: any confidential information and/or personal identifier of the Users and in particular: title, surname, first name, date of birth, e-mail address, telephone number. This information is accessible on the User’s personal space.
Business day(s): day during which the Users’ Payment Service Providers (payer or payee) carry out an activity allowing them to execute payment, deposit and withdrawal transactions.
Business days are all days of the year except Sundays and certain public holidays.
Reconnection password: password defined from the application allowing to reset the confidential code in case of forget or to reconnect in case of change of phone or reinstallation of the application.
Promotional Offer(s): announcement of price reductions and advantages of any kind, defined and published by SUITCH. These Offers are reserved for Users subject to payment through the SuiTch service.
Unverified SuiTch Profile: mode of use offered by SUITCH to Users who have downloaded the SuiTch Application but have not completed the identification process (scan of ID card or passport and selfie). Operations for these accounts are limited to an amount less than or equal to 50,000 (fifty thousand) Francs CFA.
Verified profile: profile of the User for which his identification elements have been verified by the collection of proof of identity. The verification of identity by SUITCH as well as the status of “Verified Profile” shall not be recognized as proof or as a guarantee of identification with regard to third parties unless specifically agreed.
Loyalty Programme(s): a reward system based on the frequency and amount of purchases and reserved exclusively by SUITCH.
Deposit: a transaction that credits the Account.
Withdrawal: a transaction that debits the Account.
Account Balance or Available Balance: the amount available in the User’s Account without prejudice to ongoing transactions.
GCU are enforceable against the Client as soon as the latter accepts them upon registration or when they are updated, either on the website accessible at https://suitch.tech, or by using the SuiTch application. In any case, any use of the SuiTch Service implies the unconditional acceptance of the GCU.
This acceptance is materialized by the validation of the registration in the SuiTch Application or on the website https://Suitch.tech, the Client being able to read the GCU, download them or send them to himself by email. In addition, upon acceptance or acceptance of their subsequent update, the GCU are made available to the Customer via a direct link allowing him to access the latest version of the GCU available.
This latest version can be consulted at https://suitch.tech and on the SuiTch Application.
The GCU are enforceable during the entire period of use of the SuiTch Service and for each connection to this service, as long as new GCU do not replace them. SUITCH reserves the right to make any changes to the GCU that it deems necessary and useful, particularly in view of the development of its services and/or applicable legislation.
Each time the Client connects to the SuiTch Services, the system checks whether the latest version of the GTU has been accepted. If not, the system offers the Customer to read and accept the current GCU. Acceptance of the new GCU is necessary to continue using SuiTch Services.
The current GCU are the ones that are online on the website.
- Conditions of access to the Service
The Customer of this Mobile Application and of the services available on the website https: suitch.tech acknowledges that he/she has the necessary skills and means to access and use these tools.
Subscribing to the Service is free of charge, only the fees set out in the General Terms and Conditions of Pricing (available on the application) are applied. The costs of accessing and using the telecommunications network are to be borne by the Customer in accordance with the terms and conditions laid down by their access providers and telecommunications operators. SUITCH shall remain outside the scope of any dispute that may arise between the Customer and the latter.
- Creation of the user space
Prior to any use of the SuiTch Services, the Customer must create a user account.
To do so, the Customer must complete a registration form and must provide the following information: First and last name, title, e-mail address, date of birth, city of residence and password for authentication.
The user can complete the information in his profile (scan of the front and back of his national identity card or passport, his selfie, etc.) later if he wishes. The profile remains pending validation.
The Site or the Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure, technical and/or computer and/or telecommunications difficulties and/or maintenance.
The Customer’s connection to the service is under his sole responsibility.
Users of this application agree to use it for purely legal purposes. Users are reminded that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, copying or imitating a site, in particular by phishing, or fraudulently introducing or modifying data in a computer system constitute offences subject to criminal penalties.
The contractual relationship between the parties takes effect from the date of the Client’s registration.
They are concluded for an indefinite period and are terminated under the conditions indicated in the article “Resolution – Termination”.
The Customer is identified by an alphanumeric password freely chosen by the Customer at the time of his/her first online connection and which he/she can change by himself/herself later on the Site or on the Application. All transactions initiated by the Customer on the Application and the Site https: suitch.tech are validated by entering his confidential code which is created when he first connects to the application. This confidential code can be changed on the Site or on the Application.
The Customer is solely responsible for the use and safekeeping of his login, password and confidential code which, in any event, must not be communicated to anyone. The Customer must therefore ensure that these elements are kept secure.
If the Customer loses or forgets their password or PIN, they must contact SUITCH so that it can be reset. In order to ensure the security of its services, SUITCH may change the identification procedures in the future, subject to prior notification to the Customer.
If the Customer becomes aware that a third person has gained unauthorized access to the Customer’s username, password or PIN, the Customer must immediately notify the appropriate department of SUCH.
Under no circumstances will SUITCH ask the Customer to provide sensitive information about their account details from a link on its Site or over the telephone. Customers should not respond to such requests or visit such sites. Any such requests should be brought to the attention of the Customer and should be investigated further to ensure the authenticity of the site or by sending an email to the following address: email@example.com.
SUITCH invites the Customer to read the address of the site which is: www.SuiTch.tech: www.SuiTch.tech
SUITCH retains the Customer’s connection history to the SuiTch Services.
In addition, SUITCH may track the Customer’s browsing within the SuiTch Services through cookies that may be automatically set when the Customer logs in.
- Intellectual Property
SUITCH has title and/or rights to all material on the Website and the Application, including but not limited to data, designs, graphics, photographs and audio or video. The content of the Website and the App may not be reproduced, represented, commercialized or exploited in any way, either wholly or in part, without the express prior consent of SUITCH. Such actions constitute infringements of SUITCH’s rights for which violators may be prosecuted.
The trademarks of the publisher of the Site https:/suitch.tech and its partners, as well as the logos appearing on the Site are registered trademarks.
Any total or partial reproduction of these trademarks or logos, made from the elements of the Site or the Application without the express authorization of SUITCH or its beneficiary is therefore prohibited by the law in force.
- Content on the Website and Application
SUITCH, its members, agents, employees and officers expressly disclaim all warranties of merchantability or fitness for a particular purpose for all products and services offered on its Website and App. Also, SUITCH assumes no responsibility for delays, errors or omissions in the content of these pages or for interruptions or unavailability of service. SUITCH reserves the right to correct the content of this Website at any time and without notice.
- Responsibility of SUITCH
The SUITCH undertakes to use appropriate technical and organisational means in its systems, taking into account the current state of technology, for the operation of the service and the security of operations. For security reasons, SUITCH may suspend access to the online service or to certain features, in which case SUITCH shall not be held responsible for the consequences of the interruption of the service for the Customer, who may always contact customer services by telephone. The Customer is advised that the security and functioning of the telecommunications network cannot be guaranteed by Suitch.
SUITCH shall not be liable for the consequences of any error in handling by the Customer or of any anomaly in transmission, nor for the impossibility of access to the online service resulting in particular from a technical incident. SUITCH also accepts no responsibility for viruses, intrusions, attempted intrusions, loss of data, destruction of files, etc. which may occur in the Customer’s systems and for which it is the Customer’s responsibility to take all appropriate security measures. Finally, SUITCH shall not be liable for any theft or usurpation of the Customer’s identity by a third party. The Customer agrees to notify SUITCH of such events as soon as possible during SUITCH’s business days and hours.
- Exclusion of Liability for Technical Damage
SUITCH shall not be held responsible for factors beyond its control, in particular the failure of the Internet network, computer equipment or telecommunications.
SUITCH shall also not be liable for any damage to the Customer’s technical environment, including computers, software, network equipment and any other equipment used to access or use the service and/or information. If the Customer is dissatisfied with the SUITCH site or its contents or with this access agreement in whole or in part, he/she is free to stop using the Application or accessing the Site.
- Hypertext Links
The Site https: suitch.tech contains hypertext links allowing access to sites that are not published by SUITCH. Consequently, the latter shall not be held responsible for the content of the sites to which the Internet user may have access in this way.
The creation of hypertext links to the Site https: suitch.tech must be authorized in advance by the publisher.
- Personal data
Users agree that their personal information, as recorded by SUITCH, may be shared with other affiliates or any other company from time to time, for the purposes of market research and statistical analysis.
Each user has the right to access, rectify and delete their personal information at any time.
SUITCH also reserves the right to anonymize the data collected for the purpose of statistical studies; if necessary, through third-party partners specializing in the compilation of statistics. In this case, the data used for statistical purposes will be irreversibly anonymized, with no possibility of re-identification of the Customers by the third party partners.
SUITCH implements measures to ensure the security of personal data, such as access control, intrusion and data protection. User data will be stored in the main system for the duration of the contractual relationship, which will be terminated in accordance with the provisions of “Termination and Cancellation”, plus a maximum of 6 months for backup purposes.
The purpose of data processing is to:
- The provision of a hosted software package from SuiTch Services for:
- Professionals (i.e. natural or legal persons duly authorized by SUITCH to access their account(s);
- Carrying out operations relating to prospecting:
- Constitution of a file of Clients;
- Direct prospecting by e-mail (“newsletter”) and/or presentation in the Mobile Applications and/or notification in the Mobile Applications (“push notifications”);
- Compilation of commercial statistics;
- Selection of Customers for promotional purposes.
Operations relating to prospecting make it possible to ensure that the SuiTch Service functions and is free of charge by offering advertisers advertising space or by enabling SUITCH to provide additional services, possibly for a fee.
This data may be transmitted to SUITCH’s partners, such as the user support, the router (sending of newsletters and/or push notifications) and may be processed for statistical or commercial purposes.
When using the SuiTch Services, the Client may receive newsletters and/or email alerts and/or push notifications upon the occurrence of specific events. The Client is informed that the newsletter, email alerts and push notifications features are activated when the user account is created. The Customer may decide to deactivate all or part of these features by configuring his account. It is reminded that the Customer can always oppose the sending of newsletters.
The Customer is informed that he/she has the right to receive, at his/her request, information on the processing of his/her data and to ask SUITCH to rectify, complete, update, block or delete them by following the procedure below:
- Written request signed by the Client and accompanied by a photocopy of an identity document;
- E-mail to the site manager at the following address: firstname.lastname@example.org
- ANONYMOUS INFORMATIONS
The Customer is informed that all information created, recorded or viewed by means of the SuiTch Services, including information on the use of the Services, is subject to a process of anonymization and specific treatment for statistical and commercial purposes.
In any case, SUITCH guarantees that such information, which may be transmitted to its partners, is irreversibly anonymous, so that the partners cannot identify the Customer in any way (hereinafter the “Anonymous Information”).
By using the SuiTch Services, the Customer expressly authorizes SUITCH to use, reproduce, modify, publish, communicate, display, distribute and market such Anonymous Information, including for the benefit of third parties, without limitation and worldwide.
- RESOLUTION AND TERMINATION
In the event of a breach of the obligations hereunder, either party may terminate or rescind the GCU as of right by written notice to the other party by the party seeking termination or rescission. The termination or cancellation thus notified shall take effect within 30 calendar days of the date of notification.
In addition, the GCU shall be terminated by operation of law in the event that the Customer deletes his account. Such termination shall take effect on the date of such deletion as recorded in the computer systems of SUITCH.
All Customer data, as well as downloaded and stored data, shall be destroyed at the end of the period specified by SUITCH. All data relating to the Customer, as well as downloaded and stored data, shall likewise be destroyed by the Authorized Provider, except for data required to be retained by law.
Regardless of the cause or author of the termination or cancellation of the GCU, the rights of use granted to the Client shall end on the effective date of such termination or cancellation.
- RIGHTS OF USE
SUITCH grants to the Customer, who accepts it, a personal, non-transferable and non-exclusive license to use the hosted software package, the SuiTch Application, the Site and the related documentation, to the exclusion of any right of exploitation of any kind whatsoever for the entire duration of the performance of the GCU, under the following conditions:
- This right of use is granted free of charge, non-exclusive and personal. It is carried out by remote access to the SUITCH computer platform;
- In particular, the Customer is prohibited from making any representation, distribution or reproduction of the SuiTch Services and related documentation, whether in return for payment or free of charge, and in particular any networking or use for professional or commercial purposes;
- Any form of use of the SuiTch Services and related documentation in any way whatsoever for the purpose of designing, producing, distributing or marketing similar, equivalent or substitute services and similar, equivalent or substitute user documentation is prohibited;
- The adaptation, modification, alteration, arrangement of the SuiTch Services and related documentation for any purpose, including the correction of errors is prohibited;
- Any direct or indirect transcription or translation into other languages of the SuiTch Services and related documentation is prohibited;
- Any use for processing not authorised by SuiTch is prohibited;
- Any modification or circumvention of security measures such as, in particular, identifiers, passwords and confidential codes is prohibited;
- Any intervention aimed at the correction of errors, of which SUITCH reserves the exclusive right in accordance with the Intellectual Property Code, is prohibited.
- APPLICABLE LAW
The content of the site www.suitch.tech is regulated by the present provisions and all other internal texts.
It is, moreover, governed by the laws of the Republic of Cameroon and any user acknowledges the jurisdiction of the Cameroonian courts for all matters relating to the content and use of the Site and the Application or any recourse arising therefrom.
I acknowledge that I have read and understood the above terms and conditions. I certify that I am of legal age and hereby accept the terms and conditions of the Site and the Application.