Terms & Condition
Version updated on February 06, 2020
PLEASE READ THE FOLLOWING GENERAL CONDITIONS CAREFULLY.
Welcome to www.sekoutcha.com.
Sekoutcha aims to develop Africa through the development of agriculture, animal husbandry and food manufacturing industry in Africa. We allow anyone to create and share training in the areas (trainers) mentioned above as well as to register for these educational courses for learning purposes (participants). In our opinion, our marketplace model constitutes the best platform for providing educational content for the agricultural professions for the use of our users.
Rights of Sekoutcha
We own the Sekoutcha Platform and Services, including the website, current or future services, our logos, code and content created by us. You may not alter or use these elements without our permission.
All rights, titles and interests in the Sekoutcha platform and Services, including our website, future applications, databases, and content that our employees or partners submit or provide through our Services (with the exception of content provided by instructors and participants) are and will remain the exclusive property of Sekoutcha and its licensors. Our platforms and services are protected by copyright, trademark rights and other laws of the African Intellectual Property Organization (OAPI). Nothing gives you the right to use the Sekoutcha name or any registered trademark, logo, domain name or other distinguishing feature of the Sekoutcha brand. Any comments, remarks or suggestions you may make with respect to Sekoutcha or the Services are completely voluntary and we will be free to use any such comments, remarks or suggestions as we wish and without any obligation to you.
You may not do the following when accessing or using the Sekoutcha Platform and Services:
- access, alter or use non-public areas of the Platform (including content storage), Sekoutcha's IT systems, or technical systems of Sekoutcha's service providers.
- disable, disrupt or attempt to circumvent any functionality of the platforms related to security, or examine, analyze or test the vulnerability of any of our systems, whatever it is.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of our content on the Sekoutcha Platform and Services.
- access, search, or attempt to access or search our Platform by any means (automated or otherwise) other than that which consists of using our search features currently made available through our website. You may not under any circumstances use a robot (crawling, scraping or other) or any other automated means to access the Services.
- in no way use the Services to send altered, misleading or false information identifying the source (for example sending e-mails suggesting that they come from Sekoutcha); or obstruct or disrupt (or attempt to hinder or disrupt) access to any user, host or network, including, without limitation, sending a virus or carrying out attacks by saturation, flooding, watering or bombardment of messaging against any platforms or services, or in any other way that disrupts or creates an excessive load on the Services.
You agree that by registering and accessing or using our Services, you agree to be bound by a legally binding contract with Sekoutcha. If you do not agree to these Terms, do not sign up for, access or use our Services.
If you are a trainer agreeing to these Terms and using our Services on behalf of a company, business, government, or other legal entity, you certify that you are authorized to do so.
Any version of these Terms published in a language other than French is provided for convenience only. You understand and agree that in the event of a conflict, the French language version will prevail.
If any part of these Terms is found to be invalid or unenforceable under applicable law, then the relevant provision will be deemed to be superseded by a valid and applicable provision the intent of which most closely matches the original provision, and the remainder of these Terms will remain in effect.
Even if we delay in exercising our rights or fail to exercise a right in a particular case, that does not mean that we waive our rights under these Terms, and we may decide to exercise them in the future. If we decide to waive any of our rights in a particular case, that does not mean that we are waiving our rights generally or in the future.
You need an account for most activities relating to our platform. Keep your password in a safe place, as you are responsible for all activity associated with your account. If you think someone else is using your account without your permission, let us know by contacting our Support Team. To use Sekoutcha, you must have reached the minimum age required in your country for registering for online services.
You need an account for most activities on our platform, including purchasing and registering for a course or submitting a course for publication. When you set up your account, you must provide correct and complete information, including a valid email address, and then you must regularly update your account to keep this information accurate and complete. You are solely responsible for your account and everything that happens on your account, including any harm or damage caused (to us or to anyone) by any third party using your account without your permission. This means that you have to be very careful with your password. You cannot transfer your account to someone else or use someone else's account. If you contact us to obtain access to an account, we will only respond favorably to your request once you have provided us with the required information proving that you are the owner of that account. In the event of the death of a user, their account will be closed.
You are not allowed to share your account login credentials with anyone. You are responsible for what happens on your account and Sekoutcha will not intervene in disputes between participants or trainers. As soon as you suspect that a third party is using your account without your authorization (or suspect any other breach of security), you must notify us by contacting our Support Team. We may ask you for additional information to verify that you are the account holder in question.
Participants and trainers must be at least 18 years old to create an account on sekoutcha and use the Services. If we find out that you have created an account that violates these rules, we will close your account. According to our Instructor Terms of Service, you may be required to provide proof of your identity before you can submit a course for posting to sekoutcha.
3.2. Course registration and unlimited access
When you register for a course, you obtain a license from us to access it through the Sekoutcha Services and only for that purpose. Do not try to transfer or resell courses in any way. The license grants indefinite access to the course for which you have enrolled, unless we need to deactivate that course for reasons of conflict with law or our policies.
According to our trainer usage protocols, when a trainer publishes a course on Sekoutcha, they grant Sekoutcha an authorization allowing us to license the course to participants ourselves. This means that we have the right to sublicense participants who register for the course. When a participant registers for a course, whether it is a free or paid course, he obtains a license from Sekoutcha to access the course through the Sekoutcha Platform and Services.
Sekoutcha grants you (as a participant) an unlimited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for personal, non-commercial and educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a specific course or specific functionality of our Services. Any other use is strictly prohibited. You do not have the right to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works, sublicense, or otherwise transfer or use any course without receiving prior explicit authorization from us in writing and signed by an authorized representative of Sekoutcha.
We usually grant an unlimited access license to our instructors and learners when they register for a course. However, we reserve the right at any time to revoke any license to access and use a course, in the event that we decide or are required to deactivate access to that course for reasons of conflict with the legislation or our policies. This may be the case, for example, if the course you have registered for or uploaded is the subject of a copyright infringement complaint or if we believe that its content goes to the against our Cultures on trust and security. An instructor cannot license their courses to attendees directly. Any such direct license will be declared null and void and constitutes a violation of these Terms.
Payments, credits and refunds
When making payment, you agree to use a valid payment method. For most courses, if you are not satisfied, you have up to 15 days after purchase to request a refund or credit from Sekoutcha.
The prices of the courses on Sekoutcha are determined according to the terms of the trainer and the recommendations of Sekoutcha.
We regularly run promotions for our courses, and some of them are offered at a reduced price only for a specified period. The applicable price for a course is that which is indicated when you make your purchase. Any price displayed for a specific course may also be different depending on whether users are logged in to their account or not registered or not logged in, as some of our promotions are only for new users.
If you are logged into your account, the currency displayed is dollars. If you are not logged into your account, the displayed currency remains the dollar. We do not allow users to view prices in other currencies.
If you are a participant residing in a country where a use and sales tax, goods and services tax, or value added tax applies to the sale to consumers, we are required to collect and remit these taxes to the competent tax authorities. Depending on your country, the price shown may include said taxes or taxes may be added during payment.
For any purchase, you agree not to use an invalid or unauthorized payment method. If the payment process fails, but you still have access to the course you have registered for, you agree to pay us the amount due within 15 days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
If you are not satisfied with the course you have purchased, you can request within 15 days of purchasing the course that Sekoutcha reimburse you. We reserve the right to apply the refund as a refund back to the original payment method at our discretion depending on what is possible for our payment processing partners, platform. on which you purchased your course. No refund is due to you if you request it more than 15 days after your purchase. However, if a course you purchased previously is deactivated for legal or regulatory reasons, you are entitled to a refund beyond this 15-day limit. In addition, Sekoutcha reserves the right to reimburse participants beyond the 15-day limit in the event of suspected or confirmed fraud on their account.
To request a refund, contact us at firstname.lastname@example.org. As detailed in the Trainer Usage Protocols, trainers agree that participants are entitled to receive these reimbursements.
If we believe in our discretion that you are misusing our refund policy, for example, if you have consumed a significant portion of a course for which you are requesting a refund or if you have previously obtained a refund for a course , we reserve the right to refuse the refund, block your account and / or limit any future use of the Services. If we block your account or remove your access to a course due to a violation of these Terms, you will not be entitled to any refund of any kind.
Content and conduct management
You can use Sekoutcha only for legal purposes. You are responsible for all content that you post on our platform. You must ensure that any reviews, questions, messages, courses and other content that you post on our platform comply with the law, and respect the intellectual property rights of others. We may block your account for repeated or significant violations. If you think someone is infringing your copyright on our platform, let us know.
You are not authorized to access or use the Services, nor to create an account for illegal purposes. Your use of the Services and your behavior on our platform must comply with applicable local and national laws as well as the regulations in force in your country. You are solely responsible for knowing and complying with the laws and regulations to which you are subject.
If you are a participant, you have the option to ask questions of the instructors of the courses you are enrolled in and you also have the option to post reviews on those courses. On some courses, the trainer may invite you to submit "homework" or practice exams. Do not post or submit any content that is not yours.
If you are an instructor, you can submit courses for publication on the platform but you cannot communicate with participants who have registered for your courses. In either case, you must comply with the law and respect the rights of others: you may not post a course, question, answer, review, or other content that violates any local or national laws or regulations. force in your country. You are fully responsible for the courses and content you post, your actions through the Platform and the Services and their consequences.
If we are notified that your course or content infringes the law or the rights of others (for example, if it is established that it infringes the intellectual property rights and image rights of others, or concerns illegal activity), we may remove your content from our platform. The same applies if we believe that your content or behavior is illegal, inappropriate or objectionable (for example, if you are posing as someone else). Sekoutcha complies with laws protecting copyright. For more information, see our Intellectual Property Policy. We need to say something about intellectual property, plagiarism or any other illegal copying.
We may terminate or suspend your authorization to use our platform and our Services or block your account at any time, with or without notice, for any reason, including any violation of these Terms, failure to pay when due, prolonged periods of inactivity on your account, technical hazards, suspicion about your participation in fraudulent or illegal activities, or at the request of police or government authorities, or for any other reason in our sole discretion. Therefore, we can delete your account and your content and prevent you from accessing our platforms and using our Services. Your content may still be available on the platforms even if your account has been closed or suspended. You agree that we are not responsible to you or any third party with respect to the closure of your account and the deletion of your content, as well as your access to our platforms and services.
If any of our trainers have published a course that infringes on copyright or trademark rights, please let us know by contacting us at email@example.com. Our Trainer Terms of Service require our trainers to respect the law and the intellectual property rights of others.
Sekoutcha's rights to the content you post
You remain the owner of the content you post on our platform, including your courses. We are permitted to share your content with anyone through any medium, including promoting it through advertisements on other websites.
The content you post as a participant or trainer (including courses) is always yours except for those recorded and posted by sekoutcha which are the property of Sekoutcha. By posting courses and other content, you allow Sekoutcha to modify certain elements of the content so that it is more presentable and that it does not detract from the image of Sekoutcha (for example, the cover photo that you put may not respecting our quality standards in this case we will put a better photo, if your texts contain errors, we reserve the right to correct them); you also authorize Sekoutcha to reuse and share them, but you do not lose any proprietary rights you may have in your content.
When you post content, comments, questions and reviews, and when you submit ideas and suggestions for new features or improvements to us, you authorize Sekoutcha to use and share such content with others, to disseminate and promote it on any platform and in any medium, and to make any changes or revisions we deem desirable.
In legal terms, by submitting or posting content on or through the Platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process , adapt, modify, publish, transmit, display and distribute your content (including your name and image) on all media or through all means of distribution (already known or subsequently designed). This includes making your content available to other companies, businesses or individuals who partner with Sekoutcha for the syndication, broadcast, distribution or publication of content in another medium, as well as the use of your content. for marketing purposes. You also waive all your rights of confidentiality, publicity or any other right of a similar nature applicable to all such uses, to the extent permitted by applicable law, You represent and warrant that you have all the necessary rights, powers and authorities to authorize us to use any content that you submit to us. You further agree that you will not receive any compensation for any such uses of your content.
Use of Sekoutcha at your own risk
Our platform model implies that we do not look for possible legal issues in the courses, that we do not modify the courses where necessary and that we are not able to determine the legality of the contents of a. Classes. We exercise editorial control over the courses that are available on the platform and, however, do not in any way guarantee the seriousness, merits, accuracy or veracity of the courses. If you register for a course, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider to be offensive, obscene or offensive. Sekoutcha is not obligated to protect you from this type of content and is not responsible for your access or registration in any course, to the extent permitted by applicable law. This also applies to all courses related to health, well-being and physical activity. You recognize the risks and dangers inherent in the intense nature of these types of courses, and by enrolling in them you choose to voluntarily assume these risks, including the risk of illness, personal injury, disability or death. . You assume full responsibility for the choices you make before, during and after registering for a course.
When communicating directly with a participant or trainer, you should be careful about the personal information you share. While we limit the types of information Trainers can request from Participants, we do not control what Participants and Trainers do with the information they obtain from other Users on the Platform. For your safety, you must not share your email address or any other personal information about yourself.
We do not hire or employ trainers and are not responsible for any interactions between trainers and participants. We are also not responsible for any disputes, claims, loss, injury or damage of any kind that may arise out of or be related to the conduct of trainers or participants.
In the course of using our Services, you will be presented with links to other websites that are not owned by us and that we do not control. We are not responsible for the content or any other aspect of these third party sites, including their collection of data about you. You should also read their terms and conditions and privacy policies.
Miscellaneous legal provisions
These Terms are similar to any other contract and include off-putting, but important legal terms that protect us from the myriad hazards that may arise and that clarify the legal relationship between you and us.
There may be times when our platform is unavailable, either due to scheduled maintenance or due to a problem with the website. It may happen that one of our trainers makes misleading statements in their course. There may also be times when we encounter security-related issues. These are just examples. You waive any recourse against us in any of these types of cases where all does not go as planned. In more comprehensive legal terms, the Services and their content are provided "as is" and "as available".
We make no representations or warranties as to the suitability, reliability, availability, timeliness, security, freedom from errors, or accuracy of the Services or their content, and expressly disclaim all warranties. or condition (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee that you will obtain specific results from using the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to no longer provide certain features of the Services at any time and for any reason. Under no circumstances can Sekoutcha or its affiliates, suppliers, partners or agents be held liable for any damage due to such interruptions or unavailability of said functions.
We are not responsible for any delay or failure to perform any of our Services due to events beyond our control, such as an act of war, hostility or sabotage; a natural disaster ; an outage on the electricity, Internet or telecommunications networks; or government restrictions.
8.2. Limitation of liability
There are risks inherent in the use of our Services, for example, if you register for a course in the agri-food processing or agricultural practice category, and you injure yourself or make bad compositions that irritate or damage your body. You fully accept these risks and waive any recourse or claim for damages against Sekoutcha in the event that you suffer any loss or damage related to the use of our platform and our Services.
In fuller legal terms, to the extent permitted by law, we will not be liable for any indirect, incidental, punitive or consequential damages (including loss of data, income, profit, business opportunity, bodily injury or death), whether under contract, warranty, civil liability, product liability or otherwise, even if we have been warned in advance of the risk of damage. Our liability to you or any third party is limited in all circumstances to the greater of the following two amounts: one hundred dollars ($ 100 USD) or the amount you paid to us within twelve (12) months prior to the original event. of your complaints. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above exclusions may not apply to you.
If your behavior gets us into legal trouble, we can take legal action against you. You agree to indemnify, defend (at our request) and hold Sekoutcha, the group companies and their officers, directors, suppliers, partners and agents against any and all claims, demands, losses, damages or costs and expenses (including reasonable attorneys' fees) of third parties arising from (a) content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of any rights a third. Your indemnification obligation will continue after termination of these Terms and your use of the Services.
8.4 Applicable law and jurisdiction
If you are a participant residing outside Africa, you are contractually bound to Sekoutcha Sarl and these Conditions are governed by the laws of Cameroon, without regard to its principles governing the choice of applicable law or conflicts of laws, and you agree to submit to the exclusive jurisdiction of the courts of Cameroon.
If you are a participant residing in a geographical region other than Cameroon, or if you access our Services as a trainer, you are contractually bound to Sekoutcha Sarl and these Conditions are governed by the laws of the State of Cameroon, without regard for its principles governing the choice of applicable law or conflict of laws. In cases where the section on Dispute Resolution below does not apply to you, you agree to submit to the exclusive jurisdiction of the state courts of Yaoundé, in the State of Cameroon.
8.5 Legal actions and notices
No action, whatever its form, relating to the interpretation or execution of this Agreement may be brought by either party more than one (1) year after the occurrence of the dispute, except when this limitation cannot be imposed by law.
Any notice or other communication delivered will be sent in writing, either by registered letter with acknowledgment of receipt, or by email (by us to the email associated with your account or by you to contact @ sekoutcha.com), in accordance with these.
8.6 Relationship between you and Sekoutcha
Both parties agree that no relationship of joint venture, partnership, employment, subcontracting or legal representation exists between them.
Waiver of any assignment
You may not assign or transfer these Terms (or any rights and licenses granted under these Terms). For example, if you create an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under these Terms) to another company or person, without limitation. Nothing in these Terms gives you any right, advantage or remedy over / against any third party or entity. You agree that your account is non-transferable and that all rights in your account and other rights under these Terms cease upon your death.
In the event of a dispute, our Support Team is at your service to help you find a solution. If this does not solve the problem and if you live outside Cameroon, you can bring the dispute only to the courts of Yaoundé; you cannot file your complaint in another court or participate in a class action lawsuit against us.
This section on Dispute Resolution applies only if you reside in Cameroon. Our Support Team is successful in settling most disputes, so contact them before initiating legal proceedings.
10.1 Small claims
Either of us can initiate proceedings before the courts of Yaoundé, Cameroon, or in another mutually agreed place, as long as the action can be brought before this court.
10.2 Recourse to arbitration
If we are unable to resolve a dispute amicably, you and Sekoutcha agree to resolve any complaint relating to these Terms (or our other legal terms) by binding arbitration, regardless of the type of complaint or legal theory. . If either of us brings a legal action requiring arbitration and the other party refuses to arbitrate, the other party can ask a court to require us to go to arbitration (arbitration strength). Either of us can also ask a court to stay a court proceeding while an arbitration proceeding is pending.
10.3 Arbitration procedure
Any dispute involving a claim of less than $ 1,000 (USD) must be settled exclusively by binding arbitration without an appearance. A party choosing arbitration will have to initiate the procedure by filing a request for arbitration with GICAM. Arbitration procedures will be governed by Cameroon's commercial arbitration rules, the protocol for due process of the law on consumer protection and additional procedures for the settlement of consumer disputes. You and we agree that the arbitration proceedings will be governed by the following rules: (a) the arbitration will be conducted by telephone, online or be based solely on written submissions (at the option of the party seeking relief); (b) the arbitration will not involve an appearance in person by the parties or witnesses (unless otherwise agreed between the parties); and (c) any judgment relating to the arbitral award rendered may be enforced in any court of competent jurisdiction.
10.4 Waiver of any class action
You and we agree that we can only bring legal action against each other on an individual basis. This means that: (a) neither you nor we can take legal action as a plaintiff or member of a class action, consolidated or group action; (b) an arbitrator cannot hear complaints from more than one person in a single dispute (or cannot preside over a consolidated, collective or grouped arbitration procedure); (c) the decision or award rendered by the arbitrator for a person's dispute can only affect that person and not other users, and may not be used to settle disputes with other users. If a court decides that this “Class Action Waiver” clause is not enforceable or valid, then this entire “Dispute Resolution” section will be declared null and void, but the rest of the Terms will remain applicable. .
Notwithstanding the "Updates to these Terms" section below, if Sekoutcha modifies this "Dispute Resolution" section at a date later than the last date on which you indicated your acceptance of these Terms, you are entitled to reject said modification whatsoever by notifying Sekoutcha of said rejection in writing, by mail delivered only by electronic mail from the e-mail address associated with your account at firstname.lastname@example.org, within 30 days from of the effective date of the modification as indicated at the top of the present document by the information notice relating to the last update. To be valid, your notification must include your full name and clearly state your reason for rejecting changes to this “Dispute Resolution” section. By rejecting these modifications, you agree that any dispute between you and Sekoutcha will be arbitrated in accordance with the provisions of this section "Dispute resolution" applicable on the last date on which you indicated to accept these Conditions.
Updates to these Terms
Depending on the evolution of our activities, or our services, we could update these Terms in order to purify our practices or to integrate new or different methods (when we add new products or services, for example) . Sekoutcha reserves the right to revise or modify these Conditions at any time and at its sole discretion. When we significantly change these Terms, we will notify you in a clear manner, including through notifications sent to your email address specified in your account or through an information notice posted on our Services. Unless otherwise indicated, any modification takes effect on the day of its publication.
If you continue to use our Services after any changes take effect, it means that you accept those changes. The revised version of these Terms will supersede all previous versions of these Terms.
How to contact us
The best way to contact us is through this email address: email@example.com. If you have any questions or concerns regarding our products and services, please do not hesitate to leave us a message.
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