Terms of Use
(1) Introduction
These terms of use govern your use of our website; by using our website,
you accept these terms of use in full. If you disagree with these terms of
use or any part of these terms of use, you must not use our website. If you
register as a member with our website, we will ask you to expressly agree
to these terms of use.
These terms of use are divided into two Parts. Part A contains those
general provisions that apply to all website users. Part B contains those
terms that apply to our members.
In these terms of use, "membership" means a right to access the restricted
areas and features of our website described in Part B, and "member" means a
person who has such a right by virtue of Part B.
You must be at least 18 years of age to use our website. By using our
website and by agreeing to these terms of use, you warrant and represent
that you are at least 18 years of age.
Our website is intended for users within Africa, Europe, America, Asia and
Australia only. By using our website and by agreeing to these terms of use,
you warrant and represent that you will be situated within above continents
at all times whilst using our website.
Our website uses cookies. By using our website and agreeing to these terms
of use, you consent to our use of cookies in accordance with the terms of
our privacy policy / cookies policy].
PART A: GENERAL PROVISIONS
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property
rights in the website and material on the website. Subject to the licence
below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other
content from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on
another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website
for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically
and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may
only be redistributed within your organisation.
(3) Acceptable use
Unless you are a member to our website, you must not access or attempt to
access any area on the website that is restricted to members.
You must not use our website in any way that causes, or may cause, damage
to the website or impairment of the availability or accessibility of the
website; or in any way which is unlawful, illegal, fraudulent or harmful,
or in connection with any unlawful, illegal, fraudulent or harmful purpose
or activity.
You must not use our website to copy, store, host, transmit, send, use,
publish or distribute any material which consists of (or is linked to) any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or
other malicious computer software.
You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to our website without our express
written consent.
You must not use our website to transmit or send unsolicited commercial
communications.
You must not use our website for any purposes related to marketing without
our express written consent.
(4) User generated content
In these terms of use, "your user content" means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to our website, for whatever
purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt, publish, translate and distribute your
user content in any existing or future media. You also grant to us the
right to sub-license these rights, and the right to bring an action for
infringement of these rights.
You warrant and represent that your user content will comply with these
terms of use.
Your user content must not be illegal or unlawful, must not infringe any
third party's legal rights, and must not be capable of giving rise to legal
action whether against you or us or a third party (in each case under any
applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination
legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information
which may be acted upon and could, if acted upon, cause illness, injury or
death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing,
hateful, discriminatory or inflammatory; or]
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with
generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting
of or containing material that would, were it posted on our website, breach
the provisions of these terms of use.
You must not submit any user content to the website that is or has ever
been the subject of any threatened or actual legal proceedings or other
similar complaint.
We reserve the right to edit or remove any material submitted to our
website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user
content, we do not undertake to monitor the submission of such content to,
or the publication of such content on, our website.
(5) Limited warranties
We warrant to members that the membership service will be provided with
reasonable care and skill, and that we will use reasonable endeavours to
maintain the availability of the website (subject to scheduled maintenance)
during the term of a membership.
You acknowledge that some of the information published on this website is
submitted by users, and that we do not usually review, approve or edit such
information. We do not warrant the completeness or accuracy of the
information published on this website; nor do we commit to ensuring that
the website remains available or that the material on the website is kept
up-to-date.
To the maximum extent permitted by applicable law, and subject to the
warranty to members in Section 27, we exclude all representations,
warranties and conditions relating to this website and the use of this
website (including, without limitation, any warranties implied by law of
saisfactory quality, fitness for purpose and/or the use of reasonable care
and skill).
(6) Limitations and exclusions of liability
Nothing in these terms of use will:
(a) limit or exclude our or your liability for death or personal injury
resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent
misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted
under applicable law;
or
(d) exclude any of our or your liabilities that may not be excluded under
applicable law. If you are a consumer, any statutory rights that you have,
that cannot be excluded or limited, will not be affected by these terms of
use.
(7) The limitations and exclusions of liability set out in this Section and
elsewhere in these terms of use:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the terms of use or in relation to
the subject matter of the terms of use, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the
website are not provided free-of-charge, we will not be liable for any loss
or damage of any nature.
We will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any
data, database or software.
We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
You accept that we have an interest in limiting the personal liability of
our officers and employees. Having regard to that interest, you accept that
we are a limited liability entity and agree that you will not bring any
claim personally against individual officers or employees in respect of any
losses you suffer in connection with the website or these terms of use.
This will not, of course, limit or exclude the liability of the company
itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating
to you, by others, on our website. You acknowledge that such comments,
reviews and/or feedback may be critical or defamatory or otherwise
unlawful; and you agree that you will not hold us liable in respect of any
such comments, reviews and/or feedback, irrespective of whether we are
aware or ought to have been aware of such comments, reviews and/or
feedback.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute on the advice of our legal advisers)
incurred or suffered by us arising out of any breach by you of any
provision of these terms of use, or arising out of any claim that you have
breached any provision of these terms of use.
(9) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you
breach these terms of use in any way, or if we reasonably suspect that you
have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block
your access to the website;
(f) bring court proceedings against you for breach of contract or
otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
(10) Account suspension and refunding
Where we suspend or prohibit or block your access to our website or a part
of our website, you must not take any action to circumvent such suspension
or prohibition or blocking (including without limitation creating and/or
using a different account).
In addition to our rights and remedies above, if a member breaches these
terms of use in any way, or if we reasonably suspect that a member has
breached these terms of use in any way, we may cancel the member's
membership. Where we cancel your membership for this reason, or take any
other action against you under this Section 8, we will not refund to you
the membership charge or any element of the membership charge you have
paid.
We may also cancel memberships on 30 days' written notice without cause.
Where we cancel your membership on this basis, we will refund to you all
membership charges paid by you to us in respect of any period of membership
after the date of effective termination of the membership (which amount
will be calculated by us using any reasonable methodology).
(11) Third party websites
Our website includes hyperlinks to other websites owned and operated by
third parties. These links are not recommendations. We have no control over
the contents of third party websites, and we accept no responsibility for
them or for any loss or damage that may arise from your use of them.
(12) Trade marks
TRADE MARK and our logo are trade marks belonging to us. We give no
permission for the use of these trade marks, and such use may constitute an
infringement of our rights.
The other registered and unregistered trade marks or service marks on our
website are the property of their respective owners. Unless stated
otherwise, we do not endorse and are not affiliated with any of the holders
of any such rights and as such we cannot grant any licence to exercise such
rights.
(13) Competitions
From time to time we may run competitions, free prize draws and/or other
promotions on our website. These will be subject to separate terms and
conditions (that we will make available to you as appropriate).
(14) Variation
We may revise these terms of use from time-to-time. Revised terms of use
will apply to the use of our website from the date of the publication of
the revised terms of use on our website. Please check this page regularly
to ensure you are familiar with the current version.
(15) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms of use without notifying you or obtaining
your consent – providing that, where you are a member and a consumer, we
will not transfer our rights and/or obligations in any way which may serve
to reduce the guarantees benefiting you under these terms of use.
You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these terms of use.
(16) Severability
If a provision of these terms of use is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that
part will be deemed to be deleted, and the rest of the provision will
continue in effect.
(17) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended
to benefit any third party or be enforceable by any third party. The
exercise of our and your rights in relation to these terms of use is not
subject to the consent of any third party.
(18) Entire agreement
These terms of use, together with our privacy policy, constitute the entire
agreement between you and us in relation to your use of our website, and
supersede all previous agreements in respect of your use of this website.
(19) Law and jurisdiction
These terms of use will be governed by and construed in accordance with the
law of your country of residence, and any disputes relating to these terms
of use will be subject to the [non-]exclusive jurisdiction of the courts of
that country.
(20) Registrations and authorisations
We are registered with trade and associations register. You can find the online version
Our registration number is RC/EDN/ 2016/C 677.
We are subject to authorisation scheme, which is supervised by
Cameroonian trade and associations authority.
Our authorisation No is P19944445557315U
(21) Our details
The full name of our association is La Voix des Sans-Voix.
Our registered address is B.P. 131 Endom – Cameroun.
You can contact us by email to [email protected].
PART B: MEMBERSHIP PROVISIONS
(22) Becoming a member
Access to certain areas of our website is restricted to members. We reserve
the right to restrict access to other areas of our website, or indeed our
whole website, at our discretion.
Membership is only open to individuals who are in Africa, Europe, America,
Asia and Australia and are at least 18 years of age and are acting in a
non-commercial capacity.
You may become a member by registering yourself and accepting our terms and
conditions.
You will have the opportunity to identify and correct input errors prior to
ordering your membership.
We will not file a copy of these terms of use specifically in relation to
each member and, if we update these terms of use, the version to which you
originally agreed will no longer be available on our website. For this
reason, we recommend that members print and file a copy of these terms of
use for future reference.
These terms of use are provided in the English language only.
(23) Membership charges
The membership charges will be as set out on our website from time to time.
All membership charges stated on the website are stated inclusive of VAT.
You must pay to us the membership charges in respect of the first and any
subsequent period of your membership in advance, in cleared funds, in
accordance with the instructions on our website.
We may vary membership charges from time to time by posting new charges on
our website. However, such variations will not affect memberships that have
already been paid for.
(24) Term of membership
Your membership will be activated within 48 hours following receipt of your
membership charges in cleared funds. Your membership will continue for the
relevant period set out on our website, subject to early termination in
accordance with these terms of use.
(25) Member passwords etc.
Each member chooses a login and password to enable the member to access the
restricted areas of our website. Members must ensure that their login and
password details are kept confidential.
You must notify us in writing immediately if you become aware of any
unauthorised use of your login or password.
You are responsible for any activity on our website arising out of any
failure to keep your login and password confidential, and may be held
liable for any losses arising out of such a failure.
You must not use any other person's login and password to access our
website.
(26) Member services
During the period of your membership, you will be able, using the login and
password details that we provide to you, to access the special website
areas and features reserved to memebrs, which may include facilities to:
(a) access our searchable database of members profiles, voyages, other
informations; and
(b) to contact other members using our website messaging system.
We may, from time to time, vary the benefits available to members in our
absolute discretion.
(27) Member warranties and undertakings
In addition to the warranties set out elsewhere in these terms of use, you
warrant to us that:
(a) you have full authority, power and capacity to enter into these terms
of use;
(b) all information you supply as part of your member profile is accurate,
complete and not misleading; and
(c) you will keep the information you supply as part of your member profile
up-to-date.
Save where expressly requested by us to do so on our website, members must
not add any information to the website which will facilitate direct
communications with other members or other users (including without
limitation email addresses, postal addresses, instant messaging IDs,
telephone numbers, or fax numbers).
(28) Our obligations and liability
We warrant to all members that all services we provide to you under these
terms of use will be provided with reasonable care and skill.
Subject to this and to the first paragraph of Section 6, you acknowledge
that we cannot be held responsible for the behaviour of our members
visitors, either on or off the website, and we cannot guarantee that any
information provided by a member is accurate, complete and not misleading,
and accordingly you will not hold us liable in respect of any such matters.
(29) Cancellation right
You may cancel a membership at any time within 7 working days, beginning on
the day after you received our acknowledge of payment of your membership
charge, providing that you have not accessed the restricted areas/features
of the website during that period. If you cancel a membership in accordance
with this provision, you will receive a full refund of the price paid. We
will usually refund any money received from you using the same method
originally used by you to pay for your purchase. We will process the refund
due to you as soon as possible and, in any case, within 30 days of the day
we received your valid notice of cancellation. Your notice of cancellation
should be sent to the address or email address in Section 19 of these terms
of use.