GENERAL TERMS OF USE
VEO PRO APPLICATION
Publisher: VEO SA (Share capital: 10,000,000 FCFA | RCCM: RC/YAO/2009/2/1952)
Registered office: Hôtel de Ville, Yaoundé, Cameroon
Purpose: Digital platform for the distribution of VEO products and services (Canal+, Orange Money, Mobile Money, Airtime, commission and deposit tracking).
PREAMBLE
The VEO Pro application (hereinafter the “Platform” or the “Application”) is published by VEO SA, a public limited company with a share capital of CFA francs 10,000,000, registered with the Trade and Personal Property Credit Register (RCCM) under number RC/YAO/2009/2/1952, whose registered office is located at Hôtel de Ville, Yaoundé, Cameroon (hereinafter “VEO” or the “Publisher”).
VEO Pro is a digital platform intended for VEO's distribution partners (hereinafter the “Partner” or the “User”), allowing them to manage their distribution of VEO products and services, in particular Canal+ subscriptions and kits, Orange Money operations, Mobile Money operations (all operators), the sale of Airtime, as well as the tracking of their commissions and deposit.
Access to and use of the VEO Pro Platform are subject to the prior, full and unreserved acceptance of these General Terms of Use (hereinafter the “GTU”), which are in addition to, and do not replace, the provisions of the Distribution Partnership Agreement concluded between the Partner and VEO.
In the event of a conflict between these GTU and the Partnership Agreement, the provisions of the Partnership Agreement prevail on all matters relating to the commercial relations between the Parties, these GTU governing specifically the technical and functional conditions of use of the Platform.
ARTICLE 1 – PURPOSE
The purpose of these GTU is to define the terms and conditions under which VEO makes the VEO Pro Platform available to the Partner, as well as the rights and obligations of each party in connection with its use.
ARTICLE 2 – DEFINITIONS
“Application or Platform”: means the VEO Pro application, made available by VEO, accessible according to the technical arrangements it determines (mobile application, web interface, or any other medium).
“Account”: means the personal and secure space created by the Partner on the Platform, accessible by means of Credentials.
“Credentials”: means all the login data (username, password, code, or any other means of authentication) giving access to the Account.
“Partner or User”: means any natural or legal person who has entered into a Distribution Partnership Agreement with VEO and who, as such, has access to the Platform.
“Services”: means all the features offered by the Platform, described in Article 4 below.
ARTICLE 3 – ACCESS TO THE PLATFORM
3.1 Conditions of access
Access to the VEO Pro Platform is reserved for Partners who have entered into a Distribution Partnership Agreement with VEO that is currently in force. Any person who does not meet this condition is not authorised to access the Platform or to use its features.
3.2 Account creation
Access to the Platform requires the creation of an Account, using the information provided by VEO or entered by the Partner at registration. The Partner undertakes to provide accurate, complete and up-to-date information, and to update it in the event of any change.
3.3 Credentials and security
The Partner is solely responsible for the confidentiality of their Credentials and for any use of their Account. The Partner undertakes not to disclose them to third parties and to inform VEO immediately in the event of loss, theft, or unauthorised use of their Account.
Any action carried out from the Partner's Account using their Credentials is deemed to have been carried out by the Partner, unless proven otherwise.
No initial deposit is required from the Partner for access to and use of the Platform.
ARTICLE 4 – SERVICES OFFERED BY THE PLATFORM
The VEO Pro Platform allows the Partner in particular to:
consult the prices, offers and conditions applicable to the products and services distributed (Canal+, Orange Money, Mobile Money, Airtime, and any other product or service that VEO may offer);
carry out or record operations relating to their distribution activity, within the limits and according to the procedures defined by VEO;
track the status of their commissions, in accordance with the Commission Schedule referred to in the Partnership Agreement;
track the status of their deposit and of the kits received on consignment, where applicable;
access statements, operation histories, statistics and any other management tools made available by VEO;
communicate with VEO or its support service in connection with their activity.
VEO reserves the right to change, add, modify or remove all or part of the Platform's features at any time, subject to informing the Partner beforehand where the change substantially affects the use of the Platform.
ARTICLE 5 – OBLIGATIONS OF THE PARTNER
In using the Platform, the Partner undertakes to:
use the Platform in accordance with its purpose, these GTU and the applicable regulations;
not use the Platform for fraudulent or unlawful purposes or in a manner contrary to morality;
not attempt to circumvent, alter, disable or disrupt the operation of the Platform, nor to access data or systems to which they are not authorised;
not reproduce, copy, decompile or attempt to extract the source code of the Platform;
comply with customer identification procedures (KYC), anti-money laundering and counter-terrorist financing (AML/CFT) rules, and any regulation applicable to the operations carried out via the Platform;
report to VEO without delay any malfunction, anomaly or security incident observed on the Platform.
ARTICLE 6 – AVAILABILITY AND MAINTENANCE
VEO uses reasonable means to ensure the accessibility and proper operation of the Platform, without however guaranteeing continuous, uninterrupted or error-free access.
VEO may, at any time, temporarily suspend access to the Platform for maintenance, updates or any other technical reason, without such suspension giving rise to any compensation for the Partner, except in the event of proven fault on the part of VEO.
VEO endeavours to inform Partners, as far as possible and by any appropriate means, of scheduled interruptions likely to significantly affect the use of the Platform.
ARTICLE 7 – INTELLECTUAL PROPERTY
The VEO Pro Platform, as well as all of its components (structure, texts, graphics, logos, trademarks, databases, software, etc.), are the exclusive property of VEO or its partners, and are protected by the applicable intellectual property laws.
Access to the Platform grants the Partner only a personal, non-exclusive, non-assignable and non-transferable right of use, limited to the term of the Partnership Agreement and to the sole purpose of carrying out their distribution activity.
Any reproduction, representation, modification, adaptation or exploitation, in whole or in part, of the Platform or of any of its components, by any means whatsoever, without the prior written authorisation of VEO, is strictly prohibited.
ARTICLE 8 – PERSONAL DATA
VEO collects and processes the Partner's personal data necessary for the management of their Account, the performance of the Partnership Agreement and the proper functioning of the Platform, in compliance with the applicable data protection regulations.
The Partner has, under the conditions provided for by the applicable regulations, a right of access, rectification, objection and deletion with respect to their data, which they may exercise by contacting VEO through the contact details provided on the Platform.
VEO undertakes to implement appropriate technical and organisational measures to ensure the security and confidentiality of the data processed in connection with the Platform.
ARTICLE 9 – LIABILITY
The Partner remains solely responsible for their use of the Platform and for the operations they carry out on it, under the same conditions as those defined by the Distribution Partnership Agreement.
VEO shall not be held liable for any damage resulting from: (i) use of the Platform by the Partner that does not comply with these GTU, (ii) a failure of the Partner's equipment, network or internet connection, (iii) a case of force majeure, or (iv) any act or fault attributable to a third party.
In any event, VEO's liability under these GTU shall not exceed the limits set, where applicable, by the Partnership Agreement.
ARTICLE 10 – SUSPENSION AND TERMINATION OF ACCESS
VEO may suspend or terminate, automatically and without compensation, the Partner's access to the Platform in the event of:
failure by the Partner to comply with these GTU or the Partnership Agreement;
fraudulent, unlawful or abusive use of the Platform;
termination, for any reason, of the Partnership Agreement binding the Partner to VEO.
Suspension or termination of access to the Platform is notified to the Partner by any means leaving a written record. It is without prejudice to the rights and remedies VEO may otherwise rely on, in particular under the Partnership Agreement.
ARTICLE 11 – AMENDMENT OF THE GTU
VEO reserves the right to amend these GTU at any time, in particular to take into account changes to the Platform, its services or the applicable regulations.
The amended GTU are brought to the Partner's attention by any appropriate means (notification on the Platform, email, or any other means leaving a written record) and take effect from the date they are put online or the date specified therein.
Continued use of the Platform after the amended GTU take effect constitutes the Partner's acceptance thereof.
ARTICLE 12 – TERM
These GTU apply throughout the period of the Partner's use of the Platform, and at a minimum throughout the term of the Distribution Partnership Agreement binding the Partner to VEO.
ARTICLE 13 – MISCELLANEOUS
If any provision of these GTU were declared null or unenforceable, the other provisions would remain in full force and effect.
VEO's failure to rely, at any given time, on a provision of these GTU shall not be construed as a waiver of the right to rely on it subsequently.
ARTICLE 14 – GOVERNING LAW AND DISPUTE RESOLUTION
These GTU are governed by Cameroonian law.
In the event of a dispute relating to their interpretation or performance, the Parties shall endeavour to resolve it amicably. Failing an amicable agreement within thirty (30) days, the dispute shall be submitted to the competent courts having jurisdiction over VEO's registered office.
ARTICLE 15 – ACCEPTANCE OF THE GTU
Access to and use of the VEO Pro Platform imply the Partner's full and unreserved acceptance of these GTU.
This acceptance may take the form of a checkbox, an electronic confirmation upon creation of the Account or first login, or any other equivalent mechanism put in place by VEO.