Ejara Central Africa, SARL, with a share capital of CFA 50,000,000, registered with the R.C.C.M. of Douala under the number RC/DLA/2020/B/4280 and having its registered office at Akwa, Douala B.P: 15562 (the "Company").
The Ejara website is hosted by AWS - Amazon Web Services. The contact details for AWS Amazon Web Services are as follows: Amazon CS Ireland Ltd, Unit 27 - 6400 Cork Airport Business Park - Kinsale Road - Ireland (Amazon CS Ireland Ltd is an Amazon Web Services (AWS) company, headquartered at Inc. P.O/ Box 81226 - Seattle, WA 98108-1226, tel: (206) 266-4064 fax: (206) 266-7010).
Client(s) : Refers to the natural or legal persons who have subscribed to the services marketed by the Company.
GTCU : Refers to the present general terms and conditions of sale and use.
Customer account : Means the account created by the User in order to access all the Services and functionalities made available by the Company.
Fund : Means the available amount debited or credited to the Payment Account that can be used for the execution of future Payment Transactions, as determined by the Company after taking into account the current Payment Transactions and the amount of blocked Funds.
The Company : Means Ejara Central Africa, SAS, with a share capital of CFA 50,000,000, registered with the R.C.C.M. of Douala under the number RC/DLA/2020/B/4280 and domiciled at Akwa, Douala (the "Company").
LCB-FT : Refers to the "Anti-Money Laundering and Anti-Terrorist Financing" obligations to which the Company is subject.
Services : Means the services offered by the Company to each User, as mentioned in Article 5 hereof.
Payment Services : Means the payment services offered by the Company.
Website : Refers to the ejara.io website and all its related domains and sub-domains.
User : Refers to any Internet user, customer or visitor to the Site, whether or not they have a Customer Account.
The Company operates and makes available the Site dedicated to the sale of services related to the investment in digital assets. The Site is accessible free of charge to any person with Internet access ("User"). As such, each User who has created a Client Account on the Site can access the Services.
For more information, the User is invited to consult the FAQs available on the Site.
These GTCU apply by right, in their entirety and without restriction to all Users of the Site, whether or not they are customers of the Company.
These GTCU are accessible at any time on the Site and prevail over any other previous version. The applicable version is the one in force on the Site on the day of the use of a Service.
By accepting these GTCU the User is aware that the Services offered by the Company are related to the digital assets sector and directly linked to blockchain technology, which entails several consequences.
On the one hand, Users are aware of the economic risks associated with the Services marketed. They acknowledge that digital asset markets are decentralized and unregulated, that the Services are not suitable for many investors and that they represent a high level of risk of loss of capital due to the extreme volatility of the markets.
Therefore, although the risk of loss does not exceed the amount invested, Users agree not to invest funds they cannot afford to lose. Furthermore, Users acknowledge that they understand that past performance is not indicative of future performance, which may vary both upwards and downwards.
On the other hand, Users are aware of the technical risks associated with the Services offered, including risks related to an error or security failure, whether or not associated with the blockchain, that may result in a loss of data or access to stored digital assets.
Finally, although the Company endeavors to provide access to accurate and precise content on its Site, it does not guarantee its exhaustiveness. Therefore, the User acknowledges that he/she has conducted personal research before subscribing to any of the Services and that he/she has informed himself/herself about the risks inherent in their use.
Navigation on the Site
The Site is accessible free of charge to any person without the need to create an account ("Account").
On the Site, the Company provides Users with all relevant information relating to the understanding, subscription, operation and use of the Services offered.
All information, information, descriptions, statistics, data, including performance indicators, are provided to users for informational purposes only. Nothing on the Site should be construed as a recommendation to perform any action. The Company endeavors to provide access to accurate content, but does not guarantee its completeness.
Prior to any use of our Services, the User shall be deemed to have read and accepted the present TOS and to have made the necessary research outside or in addition to the information provided by the Company.
Account creation and access
In the course of its activities and in particular the provision of Services on digital assets to its Users, the Company is subject to the obligation to observe the penal and regulatory provisions relating to the fight against money laundering and the fight against the financing of terrorism.
The User is aware that the opening of an Account is subject to the sending and validation of identification documents and information of a financial nature required in accordance with LCB-FT requirements, possibly through a partner. In the absence of a response to its requests, the Company may restrict access to the User's Account and/or suspend services.
Any User can create an Account on the Site by :
indicating whether it is a natural or legal person;
filling in his e-mail address;
filling in his phone number;
setting up a (strong) password containing at least 8 characters;
certifying that he/she is of age;
accepting the GTCU.
The User is then invited to complete his personal profile by filling in a certain number of documents and information required by the applicable LCB-FT regulations.
The User undertakes to provide authentic information regarding his or her civil status.
Services associated with the Account
Accounts are accessible 7 days a week, 24 hours a day, except for maintenance and updates.
When the User subscribes to services offered by the Company, the Account gives access to a personal space allowing, as the case may be :
administering the Services;
to follow the evolution of revenues;
manage the withdrawal/conversion of Cryptocurrencies to your personal wallet/bank account;
have visibility on the operating status and statistics of the Services.
Users are fully responsible for all consequences related to the use of their Account and are deemed, unless proven otherwise, to be the authors of any instruction given as well as of any transaction performed, and more generally of any change affecting the Account.
The Company reserves the right, at any time and in its sole discretion, to temporarily block an Account, including, but not limited to, the following:
the User contravenes any of the stipulations of these GCU;
the Company notes that the identification information provided by the User in the context of the anti-money laundering and anti-terrorist financing obligations to which the Company is subject is untrue or incomplete;
the User requests it following the loss or theft of his password or in case of suspicion of fraudulent activities (in particular in case of identity theft).
The Users concerned by the blocking will be notified of the measure without delay and by all means. The blocking of the Account shall not cause any prejudice to the User.
The reactivation of the Account may be subject to the transmission by the User of additional documents that may be requested. In this respect, the Company reserves the right to apply penalties or to deduct the costs incurred for the reactivation of the Account.
The User may at any time request to unsubscribe by e-mail to firstname.lastname@example.org, subject to any contradictory provisions in the context of the subscription to certain Services.
The deletion of the Account leads to the irreversible deletion of the User's data.
The Company reserves the right to suspend or delete an Account in the event of a particularly serious breach of these GTCU or in the event of proven risks of money laundering or terrorist financing.
The Company shall not be liable under any circumstances for loss of data or digital assets resulting from the deletion of the User's Account.
The Company offers Users the following Services:
buy and sell digital assets against legal tender;
exchange digital assets for other digital assets;
create a portfolio of digital assets (non-custodial) whose private keys are kept personally by the User;
place XTZ on staking protocols on the Tezos blockchain ;
The Company is remunerated through a commission, the amount of which is indicated at any time on the Site.
Users agree to inform themselves of any changes in the rate of this commission, without the Company being held responsible for them.
Responsibility of the Company
The use of the Site and the Services is exclusively at the User's risk. The Company endeavors to provide the User with access to the Site, to his Customer Account and his Payment Account, to information, to content and to hypertext links that are available and verified. Nevertheless, these accesses are provided free of charge to the Users, who cannot hold the Company responsible for their sole unavailability.
In particular, the Company shall not be liable for any direct or indirect damages resulting from:
a bug, computer virus, accidental malfunction of the software used;
a failure to maintain the confidentiality of connection information to the Customer Account or Payment Account;
fraudulent intrusion by a third party, resulting in a modification or loss of the functionalities, information or elements of the Site; or more generally for any prejudice or damage caused by a third party.
In addition, the Company undertakes to use all necessary means to ensure the best delivery of the Payment Services but can only be held to an obligation of means.
If the Company is found to be responsible and at fault for an improperly executed Payment Transaction, it undertakes to return the amount to the Payer without delay and restore the debited account to the position it would have had if the Payment Transaction had not taken place.
The Payment Account Holder acting for non-business purposes and wishing to dispute a Payment Transaction not authorized by him must contact the Company at the email address email@example.com as soon as possible after becoming aware of the anomaly and no later than 13 months after the Payment Transaction was recorded.
The Company does not guarantee continuous and uninterrupted access to the Payment Services. Therefore, the Company shall not be liable for any delay and/or inaccessibility of the Payment Services, in whole or in part, resulting from factors beyond the reasonable control of the Company or its service providers.
The Company shall not be liable for any damages resulting from such suspensions. Upon normal resumption of service, the Company will use reasonable efforts to process pending Payment Transactions as soon as possible.
In the event of a failure of the Payment Services, the Company is only liable for direct and reasonably foreseeable damages, unless otherwise provided by law or regulation. Indirect damages that may result from the failure or use of the Payment Services by an Account Holder are expressly excluded. Any action brought against an Account Holder by a third party is considered as indirect damage, and therefore does not give right to compensation.
In particular, the Company shall not be liable in the event of:
Failure to fund the Payment Account;
a refusal of a bank transfer ;
a refusal of payment by payment card not attributable to the Company;
unusual or illegal use of the Payment Services;
loss of data that is not attributable to the Company;
loss of access to the Payment Account by the Payment Account Holder ;
breakdowns or malfunctions of the Payment Services which are not the responsibility of the Company;
of cyber attacks;
indirect damages, such as commercial prejudice, loss of clientele, any commercial disturbance, loss of profit, loss of brand image suffered by an Account Holder, or by a third party, which could result from the Payment Services provided by the Company.
In no event shall the Company's liability exceed the price charged to the Payment Account Holder during the last twelve (12) months preceding the incident or series of related incidents, unless otherwise provided by law or regulation.
The Company reserves the right to suspend or terminate a Payment Account in violation of these TOU and without notice or compensation.
The Site, as well as each of the elements that make it up (in particular, specific programs and developments, navigation diagrams, trademarks, texts, illustrations, logos, graphics, files, corporate names, photographs, etc.) are the exclusive property of the Company or of third parties who have granted it a license. In particular, the Site and these elements are protected by intellectual property rights.
The Company only grants the User free, non-exclusive, non-transferable, non-sublicensable licenses to the Site and its elements for the purpose of displaying them on his screen and accessing them.
Any representation and/or reproduction, in whole or in part, and/or extraction and/or use of the Site and its elements (including databases) for purposes not provided for in this article, without the express, prior and written authorization of the Company, is/are prohibited.
The User is also informed that restructuring, decompiling, disassembling or circumventing the technical restrictions of the Site and its elements are prohibited.
The Company undertakes to ensure the confidentiality of the User's data and personal information. To this end, it implements appropriate technical and organizational measures, in accordance with the regulations in force. The data protection policy ("Privacy Notice") is available on the Site.
The Company may include on the Site computer applications and hyperlinks from third parties (e.g. the Company's social networks). Third party sites may be subject to different terms and conditions of sale and data protection policies. The Company shall not be held responsible for the access and use of third party sites, in particular for the availability and relevance of the information, content and services offered therein.
The Company reserves the right to suspend access to and modify the Site and the Services at any time with respect to the User.
Independence of clauses
If any provision of these GTCU is declared null and void by a court of law, it shall be deemed unwritten. The other provisions will keep their force and their scope, except if they seriously unbalance the economy of these GCU.
The fact that the Company does not exercise, at any time, a prerogative recognized by the GTCU, shall in no way be interpreted as a modification of the GTCU, nor as an express or tacit waiver of the right to exercise said prerogative in the future.
Applicable Law and Dispute Resolution
The present GTCU must be read and applied in accordance with Cameroonian law.
In the event of a dispute, the User is invited to proceed amicably and to make a claim to the Company's customer service by e-mail at the following address: firstname.lastname@example.org.
No action may be brought against the Company without a formal notice by registered letter with acknowledgement of receipt having been sent to it beforehand.
In the absence of an amicable agreement, any dispute arising from the present GTCU will be settled by the competent courts in Cameroon.