Terms and conditions

 

Updated on 01/06/2022

 

 

Preamble

 

Please read these Terms and Conditions (“Terms” or “GTC”) carefully. These Terms contain information about your legal rights, obligations and remedies. By accessing or using the Yengafrica Platform, you agree to be bound by and comply with these Terms.

In addition, these Terms constitute a legally binding agreement (the “Agreement”) between you and Yengafrica (as defined below) that governs your access to and use of the Yengafrica Site, including its sub-domains and all other sites through which Yengafrica provides services (collectively, the “Site“), our mobile, tablet and smartphone applications and application program interfaces (collectively, the “Applications“), and all related services (collectively, the “Yengafrica Services”). The Yengafrica Site, Application and Services are hereinafter collectively referred to as the “Platform“.

The terms “Yengafrica“, “We“, “Us” or “Our” used in these Conditions refer to the company Yengafrica, whose registered office is located in Bonamoussadi near the new Town Hall of Douala 5, more precisely in the Denver district, B.P. 12432,

Telephone number +237 2 33 47 57 92, registered with the Registre du Commerce et du Crédit Mobilier under the number RC/DLA/2021/B/3490

 

1.PURPOSE

 

The purpose of these general terms and conditions of use (hereinafter referred to as the “GTC“) is to provide a legal framework for the terms and conditions under which Yengafrica makes the Site and its services available and to define the conditions of access to and use of the services by the user (hereinafter referred to as the “User”).

 

These Terms are available on the site under the heading “Terms and Conditions“.

 

  1. DEFINITIONS

 

In the present,

 

“Advertisement” means any publication by Yengafrica aiming to offer a Service to the User, in relation to the scope of the Services provided by Yengafrica;

 

“Application” means the mobile, tablet and smartphone application downloadable from the App Store and/or Google Play, as well as the application program interfaces;

 

“Beneficiaries” has the meaning given to it in Article 5 hereof;

 

“GTC” means these General Terms and Conditions of Use as defined in the preamble hereto;

 

“Customer” means the User Member who has purchased a Service provided by the Platform;

 

“Terms” means these General Terms and Conditions of Use as defined in the preamble hereto;

 

TheService Operator” means any person who offers a service (accommodation, activities, car rental, tailor-made travel) on the platform;

 

 

“Platform” has the meaning given to it in the Preamble hereto;

 

“Services” has the meaning given to it in Article 4 hereof;

 

“Third Party Services” has the meaning given to it in Article 4 hereof;

 

“Yengafrica Services” shall have the meaning given to it in the Preamble hereto;

 

“Site” has the meaning given to it in the Preamble hereto;

 

“User” has the meaning given to it in Article 4 hereof;

 

“Yengafrica” has the meaning given to it in the Preamble hereto.

 

  1. ACCESS TO THE SITE

 

The yengafrica.com website offers the following services:

The short-term rental of holiday homes or other seasonal accommodation, the sale of tourist services through activities, the provision of travel, as well as the provision of other services such as vehicles or other services provided directly or through intermediaries to its travelers either separately or as a package;

 

The site is accessible free of charge at any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User’s expense.

 

yengafrica.com shall not be liable for any event due to force majeure that results in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.

 

The User may contact the site by e-mail at the publisher’s e-mail address given in these Conditions.

 

  1. SCOPE OF SERVICES

 

The Platform is an online marketplace providing its users (hereinafter the “User” or “Users”) with a range of services related to the travel industry including the provision of seasonal accommodation for holiday or other purposes (i), the provision of tours (ii), the provision of tailor-made trips (iii) as well as various other travel and non-travel related services (iv) (hereinafter the “Services“) and to communicate and deal directly with Users who wish to book these Services.

 

As a provider of the Platform, Yengafrica wishes to inform its Users that it is not the owner of the accommodations made available and that it does not create, sell or resell the accommodations made available through the Platform. 

 

With regard to the services, it is merely the agent of the owners or holders of the services listed on its website, with the exception of those services marked with a YA icon corresponding to the yengafrica Logo. When Users make or accept a booking, they enter into a contract directly with the operator of the services and become a Client of the latter.

 

The terms and conditions of this sub-letting will be addressed in the general conditions of sale.

 

While Yengafrica can facilitate the resolution of disputes in connection with the booking of services made available on its Platform, it cannot be held responsible for any problem of quality, legality, safety or suitability of the services. It is the User’s responsibility to choose his Service with diligence and caution.

 

As regards the provision of tailor-made trips, Yengafrica will only act as an intermediary between the travellers or participants and the operators “The service operator”. Yengafrica shall not be held responsible for the lack of existence, quality, safety, and adequacy of the proposed itineraries with the services desired by the Users or travelers.

 

The Platform may contain links to third party websites or resources (“Third Party Services”). These Third Party Services may be subject to the Platform’s terms of use and privacy practices. Yengafrica is not responsible for the availability and accuracy of such Third Party Services, or for the content, products or services available from such Third Party Services. Links to these Third Party Services should not be construed as an endorsement by Yengafrica of these Third Party Services.

 

  1. QUALITY, ELIGIBILITY AND BEHAVIOUR OF YENGAFRICA USERS

 

5.1 The Non-Member User

 

A non-member User is any person who accesses the Site but does not identify themselves in any way on the Platform. The non-member User does not have access to purchase the Services. They can simply browse them.

 

There are no restrictions for the non-member user.

 

 

To become a User member, the User must register by filling in the form provided for this purpose, which will enable him/her to obtain a login and password to access the purchase of Services.

 

In order to access the reserved Services or to purchase Services, the User must identify him/herself using the username and password created and chosen by the User.

 

The User Member must have the legal capacity to contract with Yengafrica, i.e. have reached the age of majority or be emancipated and not be under guardianship or curatorship.

 

All User Members also declare that they use the Site in accordance with these GTC, in their own name and/or in the name and on behalf of all the beneficiaries of the services ordered by them on the Site, for whom they acknowledge that they are the authorised representative (hereinafter the “Beneficiaries“).

 

The User is financially responsible for the use of the Site made both in his name and on behalf of the Beneficiaries, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his part.

 

By agreeing to register, the User member undertakes to provide truthful and accurate information concerning his civil status and contact details.

 

Any User member who is regularly registered may receive newsletters or e-mails on a daily basis and may also unsubscribe by sending an e-mail to the address contact@yengafrica.com with the title or subject “unsubscribe”. This will be effective within a reasonable time.

 

  1. ACCEPTANCE AND MODIFICATION OF THE GTC

 

Any registration or use of the Site implies the User’s unreserved and unrestricted acceptance of these GTC. When registering on the Site via the Registration Form, each User expressly accepts these GTC by ticking the box before the following text: “I acknowledge having read and understood the GTC and I accept them”.

 

In the event of non-acceptance of the GTC stipulated in this contract, the User must renounce access to the services offered by the Site.

 

Acceptance of these GTC is complete and indivisible, and User Members may not choose to have only a part of the GTC applied or make any reservations. In the event of a breach of any of the obligations set forth herein, Yengafrica reserves the right to delete the User Account concerned.

 

Yengafrica reserves the right to improve or modify the Platform unilaterally and add new Services at any time.

 

The modification will take effect immediately upon publication of the GTC, with mention of the date of the update, which all Users acknowledge having consulted beforehand.

 

Users will be notified of such changes if they are intended to affect the contractual obligations of Users.

 

 

  1. HYPERLINKS

 

Hypertext links may be present on the site. The User is informed that by clicking on these links, he/she will leave the yengafrica.com website. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

 

  1. COOKIES

 

The User is informed that during his visits to the Site, a cookie may be automatically installed on his browser.

 

Cookies are small files that are temporarily stored on the User’s computer hard drive by your browser and are necessary to use the yengafrica.com website. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain.

 

The information contained in the cookies is used to improve the yengafrica.com website

By browsing the site, the User accepts them.

 

However, the User must consent to the use of certain cookies.

In the absence of acceptance, the User is informed that certain functions or pages may be refused.

 

The User may deactivate these cookies via the settings in his or her browser software.

 

 

  1. PERSONAL DATA

 

The Site assures the User of the collection and processing of personal information in accordance with the Cameroonian law on privacy.

 

The User has the right to access, rectify, delete and oppose his personal data. The User may exercise this right:

– by email to the following address: contact@yengafrica.com

– via a contact form on the Site.

 

 

  1. INTELLECTUAL PROPERTY

 

Yengafrica holds all intellectual property rights relating to the Services, the Platform and its content. This includes all the content of the Site (brand, logos, signs, texts, images, sounds, drawings, videos, data, graphics) as well as any software or database ensuring its functioning. The intellectual property of all this content is protected in accordance with the law applicable in Cameroon, in the OAPI (African Intellectual Property Organisation) and at INPI.

 

The Yengafrica brand is a registered trademark by NANA KAMSU at the INPI. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited without the express agreement of its author.

 

We grant you a non-exclusive, personal, non-transferable license to use the Platform and the Services for your personal and private, non-commercial use and in accordance with the purposes of the Platform and the Services.

You shall not make any other use or exploitation of the Platform and the Services and their content without the prior written consent of Yengafrica. In particular, you shall not

Any total or partial representation of this Site by any means whatsoever without the express authorisation of the website operator would constitute an infringement sanctioned by the Bangui Agreement governing the protection of copyright in the OAPI (African Intellectual Property Organisation) area.

 

  1. RESPONSIBILITY

 

The sources of information on the yengafrica.com website are believed to be reliable, but the website does not guarantee that it is free of defects, errors or omissions.

The information provided is presented for information purposes only and has no contractual value. Despite regular updates, the yengafrica.com website cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.

The User is responsible for keeping the password secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes all risks related to the use of his/her login and password. The site declines all responsibility.

The yengafrica.com website cannot be held responsible for any viruses that may infect the user’s computer or any other computer equipment, following use, access or downloading from this site.

The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.

 

 

  1. APPLICABLE LAW – DISPUTE

 

These GTC are written in French, translated into English and are subject to Cameroonian law.

 

In the event of failure to resolve a dispute between the User and Yengafrica amicably, the Cameroonian courts shall have sole jurisdiction.

 

In the event of disputes, only the French version of the GTC shall be applicable.

 

  1. LEGAL NOTICES

 

The publishing of the Yengafrica.com website is ensured by the company YENGAFRICA SASU with a capital of 100 000 CFA francs, registered in the “RCCM of Douala, Cameroon” under the number RC/DLA/2021/B/3490, whose head office is located in Bonamoussadi near the new Town Hall of Douala 5ème more precisely in the Denver district, B.P. 12432,

Telephone number +237 2 33 47 57 92

E-mail address: contact@yengafrica.com.

The Director of the publication is: Joël NANA KAMSU.

The host of the yengafrica.com website is the company 1 & 1 IONOS SARL, whose head office is located in France at 7 PL DE LA GARE – 57200 SARREGUEMINES, with the telephone number: +33 970 808 911.

 

If you have any questions, you can contact Yengafrica by email, phone or visit the website yengafrica.com using the contact form.

Date of last update: 01/06/2022