INTRODUCTION
ELTEL Services, is a company registered in the Cameroon trade register under number RC/YAO/2013/A/4907, and whose head office is located in Yaoundé. ELTEL Services provides smartphone users with the mobile application "My ELTEL"for their direct purchase of credit or communication packages, and indirect purchase of ICT equipment via the link to our e-commerce site "https://eltel.shop/en/nos-produits". Access to and use of the mobile application are subject to these general terms and conditions of use (“TU”) which the user declares to have read and accepted by using the application.
The "My ELTEL" mobile application is open to any individual with a smartphone, an electronic payment method (Orange Money, MTN Money, Express Mobile Money, etc.) who wishes to use this mobile application and the services offered in a context of personal use.
The use of the "My ELTEL" application is therefore subject to the following conditions which must be accepted beforehand by the User during installation.
ARTICLE 1: DEFINITIONS
In these terms of use, the following terms have, unless otherwise indicated, the meanings given to them in this article:
- TU: refers to terms of use
- App: refers to the mobile application called “My ELTEL” which allows the purchase of communication credit and packages.
- Provider: refers to the mobile operator with whom the user has subscribed to a mobile communication offer.
- Service: refers to the sale of communication crédit and packages via "My ELTEL".
- «u»: designates a unit of measurement for communication credit
- CFAF: refers to the currency that is accepted for payments on the application
- Terminal: refers to any smartphone compatible with the application. The device must be connected to the internet for the user to benefit from the full service.
- User: refers to a natural person of legal age using the “My ELTEL” application in a non-commercial and strictly personal context.
- ELTEL: refers to the company ELTEL Services
- NAICT: refers to the national agency for information and communication technologies.
ARTICLE 2: PURPOSE
The purpose of these Terms of Use is to define the conditions under which the application is made available to users.
ARTICLE 3: TECHNICAL REQUIREMENTS AND DATA CONSUMPTION
The "My ELTEL" application can only be used from a mobile device. "My ELTEL" is available for download from the Play Store and App Store platforms to anyone with internet access on a smartphone who wishes to use the application for their own personal, non-commercial purposes. The minimum device requirements recommended by ELTEL for using the service are specified in the mobile application stores where the application is available for download. The user acknowledges and accepts that these system requirements, which may change from time to time, are their sole responsibility.
Using the application involves the transmission of data to and from the user's device, which may incur charges from the user's service provider. Therefore, it is strongly recommended that the user ensure their mobile plan is compatible with the application. ELTEL cannot be held responsible for excessive data consumption or the condition of the mobile network operators. ELTEL recommends that the user choose a mobile service with sufficient data allowance and suggests that the user request an appropriate data plan, if applicable.
When a user is located outside the territory where their national mobile service plan is active ("roaming"), they may be subject to additional charges from their mobile service provider for data usage, depending on their mobile plan and the geographical area they are in. It is the user's responsibility to check with their mobile service provider that their plan allows data usage abroad.
Furthermore, it is specified that the features are accessible depending on the country where the application is available.
ARTICLE 4: DESCRIPTION AND PRICE OF THE SERVICE
4.1 DESCRIPTION:
The "My ELTEL" application allows users to purchase airtime credit and bundles from all operators in the Republic of Cameroon by paying via electronic payment methods (Orange Money, MTN Money, Express Mobil Money, etc.). The user simply chooses the desired service from (direct purchase of credit direct purchase of packages and indirect purchase of products via the link to our e-commerce site), indicate the beneficiary number, specify the amount or package requested, then give the payer number and finally confirm the purchase.
4.2 PRICES:
The service on "My ELTEL" is a paid service. The User pays the exact amount corresponding to the cost of the package or the desired amount of communication credit.
ARTICLE 5: USER RESPONSIBILITY AND WARRANTIES
The user agrees to inform ELTEL of any unauthorized use of the application or any other breach of its security. The user agrees to use the service in accordance with its intended purpose.
Furthermore, the user is prohibited from decompiling, modifying and/or disassembling the application, from reverse engineering or from attempting to discover or reconstruct the source code in any way whatsoever and/or from accessing or attempting to access the databases.
ARTICLE 6: ELTEL'S LIABILITY AND GUARANTEES
ELTEL implements the necessary measures for the proper functioning, maintenance, and continuity of the application. ELTEL undertakes to make its best efforts to ensure the Service is accessible seven days a week, 24 hours a day, via the application, subject to any outages and maintenance interventions necessary for the proper functioning of the application and the service, and except in the event of force majeure and/or an event beyond ELTEL's control. ELTEL's liability to the user can only be invoked in the event of a duly proven fault or negligence on the part of ELTEL, solely attributable to ELTEL, in particular in the event of a breach of its obligations under these Terms of use.
ARTICLE 7: AMENDMENT
ELTEL reserves the right to develop the application, in particular by making new features available to users and/or by modifying and/or removing certain features, and to modify these Terms of use.
ARTICLE 8: TERMINATION
8.1 Termination by the user:
The user may terminate these Terms of Use at any time by uninstalling the application from their device.
8.2 Termination by ELTEL:
ELTEL reserves the right to discontinue the availability of applications from the Google Play Store or Apple Store, without notice and without compensation.
In the event of termination, the user will still be bound by the guarantees he has made and by ELTEL’s exclusions and limitations of liability.
ARTICLE 9: PROVISIONS CONCERNING EVIDENCE
It is expressly agreed that ELTEL and the user may communicate electronically for the purposes of these Terms of use, provided that technical security measures are taken to ensure the confidentiality of the data exchanged. ELTEL and the user agree that the electronic exchange between them validly represents the content of their discussions and, where applicable, their commitments.
ARTICLE 10: ASSIGNMENT
The user is prohibited from assigning to a third party any rights or obligations they hold under these Terms of use. In the event of a violation of this prohibition, in addition to access being blocked, the user may be held liable for the content or other data displayed online or sent via the application.
ARTICLE 11: PERSONAL DATA
The personal data processed during the use of the application is processed by ELTEL, which is then the data controller.
As part of this service, ELTEL performs the following processing:
- To identify the user, ELTEL collects the payer's and recipient's phone numbers. These contact details may be used to inform users about ELTEL's services.
- Statistical data is collected anonymously in order to better understand usage and continuously improve the service.
- The recipients of the personal data processed are the ELTEL teams.
Users have the right to access, rectify, erase, and restrict the processing of their personal data, as well as the right to data portability. Users can also provide instructions regarding the storage, deletion, or disclosure of their data after their death. Users can contact NAICT and other relevant authorities and exercise their rights by calling or messaging (via SMS or WhatsApp) the My ELTEL application's customer service at 242181425. User data is processed in accordance with My ELTEL's privacy policy.
ARTICLE 12: INTELLECTUAL PROPERTY
12.1 App
ELTEL is and remains the owner of the application, software, software applications, graphics, trademarks, logos, designs, technologies, software, databases, and content made available to users. The user acknowledges that they do not acquire any intellectual property rights to any elements belonging to ELTEL. It is also prohibited to use them in any context other than that expressly provided for in these Terms of Use. All upgrades, updates, derivatives, and developments created or developed by ELTEL in connection with the application are and will remain the property of ELTEL, and the user expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, identification, or defects, expenses, or any other contribution made by the user does not confer any right, title, or interest in any of the elements or components of the application.
12.2 License of use:
Subject to compliance with the terms and conditions of these General Terms and Conditions of Use, ELTEL grants the user a non-exclusive, non-transferable, and limited license without any additional licensing fees to reproduce and use the complete and unmodified application on their device solely for the purpose of using the service. The user must not:
- copying, modifying or distributing the application and/or the application's software components, except as expressly authorized in these Terms of Use;
- disassemble, decompile or translate the application and/or the application's software components, unless expressly permitted by applicable laws or regulations;
- sublicense or lease the Application and/or the application's software components
ARTICLE 13 – APPLICABLE LAW – GENERAL PROVISIONS
If one or more provisions of this contract are deemed invalid or are declared as such by law or regulation or as a result of a judicial decision made by a competent judicial authority, the other provisions shall remain in full force and effect.
The provisions declared null and void will then be replaced by provisions that most closely approximate the content of the provisions initially agreed upon.
ELTEL and the user will not be held liable or considered to have violated these Terms of use in the event of delay or non-performance if the cause of the delay or non-performance is due to a case of force majeure as defined by the jurisprudence of the cameroonian courts.
Unless otherwise provided by applicable law, the Terms of Use between users and ELTEL are governed by Cameroonian law. Any dispute or claim arising from these Terms of Use between users and ELTEL, or any breach, termination, or invalidity thereof, shall be submitted exclusively to the competent courts.
ARTICLE 14 – CONTACT – COMPLAINTS
Any complaint or dispute concerning the application or the Service must be reported to ELTEL customer service at 242181425 by phone or in writing (SMS or WhatsApp). This does not preclude the user's right to take legal action against ELTEL before the competent authorities.