Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between JUST SARL (“Just sarl”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of our SAAS Platform and any of its products or services (collectively, “product or service” or “Services”).

Accounts and membership

You must be at least 13 years of age to use this product or service. By using this product or service and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the product or service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information in the product or service that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or service or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the product or service including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product or service should be taken to indicate that all information in the product or service or on any related Service has been modified or updated.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. If we fail to maintain this service uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit off your Service fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We are not responsible for Content residing in the product or service. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During use of the product or service, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the product or service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to other mobile applications

Although this product or service may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this product or service. Your linking to any other off-site mobile applications is at your own risk.

Service Usage Policy

You agree to comply with all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions occurring under your account, including the content of messages transmitted through the service. Any illegal use of the SMS service that we provide to you is strictly prohibited. Messages containing sexual content, racist or discriminatory, promotion of alcohol, drugs, illegal products, counterfeiting are strictly prohibited. You warrant that the content of any SMS you send will always respect human rights and intellectual property rights laws. Spamming or sending unsolicited messages is strictly prohibited. Deceiving others by creating a false identity or SENDER ID similar to a name of a third company to fool, scam, .. is strictly forbidden. Posting any material that is unlawful, racist, harassing, defamatory, abusive, threatening, humiliating, obscene, immoral, prejudicial, vulgar, obscene or otherwise objectionable is strictly prohibited. Send any sms that may infringe the intellectual property rights of third parties, including trademarks, copyrights, or other publicity rights is strictly prohibited. You acknowledge that we transmit SMS via the main mobile telecommunication operators and that it can therefore influence the transmission of SMS only in compliance with the technical constraints imposed. SMS messages sent over the Internet will be forwarded to mobile network providers, provided that the recipient’s phone is turned on, does not have full memory, and is in an area covered by its mobile network provider. You acknowledge that, depending on the recipient’s mobile phone service, it may not be possible to transmit the SMS message to the recipient. That’s why the deliverability rate is between 95 and 99%. You are responsible for the confidentiality of private data, especially the phone numbers of your contacts. We do not claim or guarantee the availability of the sms service and accept no responsibility for transmission delays or message failures. In addition to other terms as set forth in the Agreement, you are prohibited from using the product or service or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Just International or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Just International. All trademarks, service marks, graphics and logos used in connection with our product or service or Services, are trademarks or registered trademarks of Just International or Just International licensors. Other trademarks, service marks, graphics and logos used in connection with our product or service or Services may be the trademarks of other third-parties. Your use of our product or service and Services grants you no right or license to reproduce or otherwise use any Just International or third-party trademarks.

Disclaimer of warranty

You agree that your use of our product or service or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Just International, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Just International has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Just International and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Just International for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Just International and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the product or service or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Termination

If at any time you violate the terms and conditions of the service, we may choose to suspend, terminate or cancel this agreement and / or recover all damages resulting from the event (s) giving rise to the suspension, to termination or modification. In the event of termination, cancellation and / or suspension, you are still responsible for all obligations that have not been incurred. Payment and other obligations under this Agreement are not suspended, suspended or otherwise affected by a suspension of (full or partial) access to the Service if such suspension results from your failure to comply with or the breach of, the terms of this agreement or any law or legal obligation. In the event of termination and / or cancellation, for any reason, you agree to immediately stop using the sms service and we will have no obligation to you after the termination or cancellation of this contract. You are also free to terminate or cancel this agreement at any time and for any reason whatsoever. In order for this cancellation or cancellation to be effective, you must inform us in writing by email. You will still be under the responsibility of this agreement for the duration of your use of the service and you will cease to have access to the use of credits that may exist on your account.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Lagunes, Ivory Coast without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Ivory Coast. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Lagunes, Ivory Coast, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the product or service or Services at any time, effective upon posting of an updated version of this Agreement in the product or service. When we do, we will revise the updated date at the bottom of this page. Continued use of the product or service after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the product or service or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the product or service and its Services.

Contacting us

If you have any questions about this Agreement, please contact us. This document was last updated on December 1st, 2020