GENERAL TERMS AND CONDITIONS OF USE OF WIIKKO
Last update: December 05, 2022
The Wiikko Company operates a platform accessible by mobile application available on Android and iOS (hereafter the « Application »), which allows the connection of sellers, professionals or private individual, (hereafter the « Seller ») offering for sale different types of new or used products and buyers, professionals or private individual, wishing to acquire products put on sale on the Application (hereafter the « Customer »).
The app is used as a social network, allowing each user to be followed by followers.
The Sellers and Customers are both called « Users ». Wiikko and the User are designated together or individually as « Stakeholder ».
The purpose of these general terms and conditions of use (hereafter the « Terms and Conditions ») is to set the terms and conditions for providing Users with the connecting services via the Application (hereafter « Services »), as well as to define the rights and obligations of the Stakeholders in this framework.
The Services are reserved for any major natural person with full legal capacity as well as any legal person acting through a natural person with the authority to contract on behalf of and on behalf of the corporation. Only individuals or corporations with a Rawbank account, a Visa/Mastercard credit card or an M-pesa account will be able to make transactions via the App.
The Terms and Conditions are exclusively applicable to products delivered to Users established in the Democratic Republic of Congo.
The Terms and Conditions express the full agreement of the Stakeholders and nullify and replace any agreement, letter, offer or other previous written or oral document with the same purpose. They can be accessed at any time by a direct link to the home page of the Wiikko website ( www.wiikko.com ) and in the Application via the « About ».
2. OPERATOR OF THE APPLICATION
The Application and Services are operated by WIIKKO RDC SARL, CDF 1,650,000, at 1 Avenue Ngongo Lutete, Kinshasa - Democratic Republic of Congo, registered with the RCCM number CD/KNG/RCCM/19-B-02276 and the National Identification number 01-H5300-N55308S (hereafter « Wiikko »).
Phone : +243 813 106 203
Email : email@example.com
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
Users declare, by registering on the Application, that they have read the Terms and Conditions and expressly accept them.
This acceptance, which is materialized by the registration to the Application can only be full and complete. Any conditional membership is considered null and void. Users who do not agree to be bound by the Terms and Conditions will not be able to access the Application or use the Services. The contract is formed electronically. The archiving of communications and invoices is carried out on a reliable and durable medium in order to constitute a faithful copy. They can be produced as proof of the contract.
4. REGISTRATION ON THE APPLICATION
Users wishing to use the Services must register on the Application and open an account (hereafter the « Account ») under the following conditions.
For the purpose of opening their Account, all Users will have to register by filling out the form provided for this purpose with the required information, including their name, first name, telephone number, recovery number. This last number is a security option that allows the User in case of loss of his password, phone etc., to recover his account. This number should be different from the one entered previously.
Where the User is a company, registration is made by its legal representative, or any other person with the authority to hire it (hereafter the « Responsible »)
To validate their registration, the User will need to provide a one-time password (hereafter “OTP”) on the Application. This OTP is sent to him by SMS to the telephone number he indicated on the registration form.
Incomplete registration will not be validated. The User recognizes and accepts that registration to the Services automatically results in a registration to the notifications (message received, payment accepted, ...) of Wiikko.
Registering Users allows an Account to be opened in their name, giving them access to a personal space (hereafter the « Personal Space »). Through their Personal Space, Users manage the use of the Services.
Users access their Personal Space at any time after identifying themselves using the login ID and password chosen. Users are advised to change their passwords regularly.
Users ensure that all the information they give in the registration form is accurate, current and sincere, and is not tainted by any misleading character. They undertake to update them immediately in the event of changes.
5. STRICTLY PERSONAL USE
Only one Account can be created by the User. The User therefore undertakes to use the Services personally or bear full responsibility for any use that will be made of his Account.
The User is also responsible for maintaining the confidentiality of his login and password and expressly acknowledges that any use of the Services from his Account will be deemed to have been carried out by himself.
In the event that the User finds that his Account has been used without his knowledge or by an unauthorized person, he undertakes to notify Wiikko as soon as possible, at the contact details mentioned in the article “Operator of the Application”.
6. DESCRIPTION OF SERVICES
The Services allow the purchase of products, spread over several categories, including clothing, shoes, bags, beauty and care, food and beverages, home, etc. (hereafter the « Products »).
Customers can search for a Product through the Application Search Bar, order a Product, add a Favorite Product, and buy a Product. Through its Personal Space, the Customer has a tool to manage and track his purchases and his favorites. In particular, they can view past and current purchases, search for sellers they are interested in through the “Search Merchants” search bar, and follow them.
Through its Personal Space, the Seller can list the products he offers for sale, track his sales and customers interested in his Products, and consult the Subscriber Users.
For now, only Products offered by Sellers located in Kinshasa can be purchased on Wiikko. Customer non-resident in Kinshasa registered on Wiikko, can order Products only delivered in this city.
6.1. Product Sheets
On his Personal Space, the Seller can create Product Sheets. Through these Sheets, the Seller describes the essential characteristics of the products offered for sale on the Application (product description, quantity, category, etc.), the city in which the Product is located, the availability of the Product, the price all taxes included, a picture of the Product. All information in the Product Sheet must be provided by the Seller. Incomplete Product Sheets will not allow the product to be put online.
Pictures illustrating the Products are not contractual. Nevertheless, the Seller undertakes to publish only sincere photographs, which are not likely to mislead Customers. Failing this, the Seller may be liable for this purpose.
The selling prices are indicated, for each of the Products, in USD all taxes included.
The selling price of the product is the one in effect on the day of the order. The Seller reserves the right to change its prices at any time, while guaranteeing the customer the application of the price in effect on the day of the order.
The instructions for the product, if it is an essential element, are mentioned in the Product Sheet or at the latest on delivery.
The products are offered for sale and delivered within the limits of available stocks. If the ordered product is unavailable, the depleted label appears in the Product Sheet.
6.2. Order process
6.2.1. Initiation of the order. To place an order, the Customer, after filling out his virtual shopping cart by selecting the products and the desired quantities, then clicks the “Validate the shopping cart” button. A shopping cart can only contain products offered for sale by the same Seller. Thus, if the Customer has selected products put up for sale by different Sellers, he will have to validate several shopping carts, one after the other.
When the customer validates a shopping cart, he is directed to the “Get the Order” page to choose how to retrieve his order.
6.2.2. Recovery of the order. The customer must then indicate how to recover his order: he will have to choose between the Click & Collect, and the home delivery.
In both cases, the Customer has the option of designating a third party (hereafter the « Third Designated »), to recover or receive the Product in its place. The Customer will be required to provide the name of the Third Designated as well as his telephone number in case of Click & Collect, and his name, telephone number and address in case of home delivery.
In this regard, the Customer guarantees that he has obtained the express consent of the Third Designated so that his personal data (name, telephone number, address) will be communicated to Wiikko in order to identify the person in charge of recovering the Products.
Wiikko cannot be liable in this regard. The personal data of the Third Designated will be processed by Wiikko in accordance with the Privacy Regulations of a personal nature under the provisions of Article 16 « Personal Data ».
6.2.3. Confirmation of the order. Once the designation of the person in charge of recovering the Product has been completed, the Customer can select the method of payment for his order and validate it by clicking the button provided for this purpose.
Wiikko then sends the Customer and the Seller a notification in the Application acknowledging receipt of the order. Full details of the order will be available on the Customer's and Seller's Personal Space on the « My Transactions ».
The Seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high.
6.2.4. Modification of the Order. The Customer has the possibility of modifying his Order until it is retrieved, directly in his Personal Space by going to « My Transactions ».
6.2.5. Cancellation of the Order. When the Customer wishes to cancel a part or all of his order, he will do so from his Personal Space via « My Transactions » by selecting the order or product concerned, and by clicking « Cancel the shopping cart » or « Delete the shopping cart ».
7. FINANCIAL CONDITIONS
For Customers, access to the Services is free. However, only Users with a Rawbank account, Visa/Mastercard credit card or M-pesa account will be able to make or receive payments.
However, for home delivery, other means of payment are allowed (Article 8.2).
7.1. Payment terms
Wiikko manages the payments, related to product sales, due to Sellers by Customers, through a Payment Management Partner Splitti (hereafter « Payment Provider »).
Users contract directly with the Payment Provider, which they recognize and accept.
As part of the Services, Users expressly mandate Wiikko to forward payment instructions to the Payment Provider, in their name and on their behalf.
The implementation of the Services requiring payment, by accepting these, Users also accept the terms and conditions of use of the Payment Provider ( Splitti | Terms & Conditions ). Users are informed and accept that the end of the contract between a User and the Payment Provider, for whatever reason, automatically and as a matter of right will result in the termination of the Terms and Conditions between Wiikko and that User and, consequently, the closure of the User's Account.
The Customer makes payment of the Product directly into the Application through the Payment Provider. Payment is due at the time of delivery of the Product as described in Article 8. It is carried out in accorded with the following:
- The Customer's bank account, or mobile money account, is debited at the time he finalizes the payment via his Personal Space.
- Payment to the Seller is made every Friday of Week N for Products recovered from Thursday morning of week N-1 to Wednesday midnight of week N, net of the Wiikko Commission defined in the following article.
For the Seller receiving a payment made by M-pesa, net of the Wiikko Commission, on his M-pesa mobile money account, the rounding rule is applied. This means that when the payment amount is a decimal number, the Seller will be paid the lower total if the number after the comma is less than 5, and the whole higher if the number after the comma is greater than or equal to 5.
7.2. Wiikko commission
The Seller acknowledges that Wiikko, in return for the Services provided to it, receives a commission for each Product purchased by Customers (hereafter the « Commission »).
The Commission is calculated on the price of all taxes included in the Product. It's due by the Seller. The applicable Commission rate is eight percent (8%).
Wiikko is free to change the percentage of the Commission at any time, at its own discretion. The Seller is informed of these changes by any useful means, including by email, at least fifteen (15) days before the new applicable rate comes into effect. The new rate will apply to Products purchased by Customers at the end of this period.
Sellers who do not accept the new rates must opt out of the Application. Failing that, they will be deemed to have accepted them.
7.3. Wiikko service fees
The Customer acknowledges that Wiikko, in return for the Services provided to it, receives management fees for each order made by Customers (hereafter the : « Wiikko service fees »).
The Wiikko service fees are calculated on the price of all taxes included in the order. It's due by the Customer. The applicable service fees price is fifty cents of American dollars ($0.50).
Wiikko is free to change the price of the Wiikko service fees at any time, at its own discretion. The Customer is informed of these changes by any useful means, including by email, at least fifteen (15) days before the new applicable rate comes into effect. The new price will apply to orders made by Customers at the end of this period.
Customers who do not accept the new rates must opt out of the Application. Failing that, they will be deemed to have accepted them.
7.4. Banking and mobile money data
Users' banking and mobile money information in relation to their use of the Services is subject to automated data processing, which is responsible for the Payment Provider.
Indeed, the Payment Provider receives the information directly from the Users, collected via the Application. The information collected includes :
- Information related to the payment method (bank account number or mobile money account number),
- The amount of the purchase,
- The date of purchase.
Under the personal data regulations, Users have the right to access, correct, limit, portability and delete personal data about them, by applying to the following email address : firstname.lastname@example.org or directly with the Payment Provider as required in its Terms and Conditions ( Splitti | Terms & Conditions ). It is recalled that any person may, for legitimate reasons, object to the processing of the data concerning him.
8.1. Click & Collect
The Product will be given to the Customer or the Third Designated after communicating to the Seller his full name and the product concerned. If, after inspection, the Product complies with the customer's order or expectations, the customer finalizes the purchase by clicking on the « Final Payment » button in the « My Transactions » menu in his Personal Space. This action generates the debit of his bank account or his mobile money account.
If, after inspection, the Product does not comply with the customer's order or expectations, the Customer may refuse the Product and not finalize the payment. The Customer's bank or mobile money account will not be debited and the sale will not be completed.
Before handing the product over to the Customer, the Seller must ensure that the Customer has finalized his payment. To do this, the Seller must ensure that he has received the notification confirming the payment or check in his Personal Space via « My Transactions ».
In the absence of withdrawal by the Customer or by the Third Designated, the sale will not take place and the Seller will be able to offer his Product again for sale.
In the context of Click & Collect, only electronic means of payment are allowed :
- Rawbank account ;
- Visa/Mastercard credit card ;
- M-pesa account.
8.2. Home delivery
Wiikko provides any Seller registered on the Application, a home delivery service only in the city-province of Kinshasa.
The home delivery service is billed to the Customer for the benefit of Wiikko. The price of this service is freely set by the Application Operator, according to a tariff schedule based on the municipality where to deliver and the category of the product ordered. The means of payment allowed for home delivery are :
- Rawbank account,
- Visa/Mastercard credit card,
- M-pesa account,
- Cash on delivery,
- Visa/Mastercard via POS terminal on delivery.
When ordering, the customer will have to enter as accurately as possible the following elements: city, town, address and reference if necessary.
Once the delivery is completed, Wiikko then sends the Customer and the Seller a notification in the Application. For further information, including delivery times, it is possible to contact Wiikko Customer Service at the following number : +243 813 106 203.
8.3. Product receipt
Regardless of the delivery method chosen, the Customer has the option of confirming receipt of the product (s) ordered from his Personal Space. To do this, he must go to « My Transactions », select the product concerned and click on « Confirm receipt ».
9. DURATION – TERMINATION
9.1. Duration of Services
The Terms and Conditions apply for the entire duration of use of the Services by the User.
9.2. End of Services
Users can opt out of the Services at any time by clicking on the button provided for this purpose. Wiikko also reserves the right to terminate the registration of any User, in the event of a breach of any provisions of the General Terms and Conditions. Wiikko also reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The User will be informed of these changes and/or stoppages by any useful means, with at least fifteen (15) days' notice.
9.3. Termination for breach
In the event of the User's failure to comply with any of its obligations under these Terms and Conditions, to which it would not be remedied within ten (10) calendar days from the receipt of a notice to have to remedy audit breach addressed by email, Wiikko may, as of right and without judicial formality, terminate these Terms and Conditions and close its Account. Termination hereof is without prejudice to any damages that Wiikko may be entitled to claim as a result of the User's failure to comply.
9.4. Consequence of the End of Services
The end of the Services, for whatever reason, results in the deletion of the User's Account, which then no longer has access to its Personal Space. The User is expressly informed and accepts that all the information he has put online on the Application will no longer be accessible.
10. USER OBLIGATIONS
Without prejudice to the other obligations under these obligations, the Users undertake to comply with the following obligations.
10.1. Common obligations for all Users
Users are committed, in their use of the Services, to comply with applicable laws and regulations and not to infringe on the rights of third parties or public order.
The User thus refrains from broadcasting, in particular, and without an exhaustive list of pornographic, defamatory, racist content, infringing content, content that is infringing on the image of a third party, false, misleading content, content harmful to third-party computer systems (such as viruses, worms, Trojans, etc.) and more generally content that could infringe on the rights of third parties or be harmful to third stakeholders.
Users are informed and accept that the implementation of the Services requires that they be connected to the internet and that the quality of the Services depends directly on that connection, for which they are solely responsible.
Users guarantee Wiikko against any complaints, claims, actions and/or claims that Wiikko may suffer as a result of the violation by Users of any of their obligations or guarantees under these Terms and Conditions.
They undertake to compensate Wiikko for any harm she would suffer and to pay her any costs, charges and/or convictions that she may have to bear as a result.
10.2. Sellers-specific bonds
10.2.1 The Sellers are solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or levies of any kind that may be incumbent upon them in connection with their use of the Services.
The Seller will be alerted by email when the threshold is reached requiring verification which will list the documents to be communicated as soon as possible so that his account is not blocked. Indeed, the Payment Service Provider may temporarily suspend payments to the Sellers as long as the identity verification has not been successful.
10.2.2 Sellers undertake to honor any order placed by a Customer. Sellers are solely responsible for the successful performance of the sales contract with respect to Customers, as well as the quality and compliance of the Products to their description on the Product Sheets.
Wiikko cannot be liable in this regard.
10.2.3 The Sellers also expressly undertake to comply with all laws and regulations relating to the remote sales activity and those relating to consumer law. In particular, they are committed to complying with their pre-contract disclosure obligations, including the characteristics of the products they offer for sale, their prices, identity information and contact information. The Sellers expressly acknowledge that they are solely responsible for meeting these obligations to Customers.
The Sellers expressly acknowledge and accept that in the event of a resolution of the sale or a reduction in the sale price, due to the application of all legal obligations to them, no refund or reduction from the Commission could be requested.
10.2.4 Sellers guarantee Wiikko that they have all the rights and permissions necessary to broadcast content of any kind (editorial, graphic, or other), photos of the Products they produce as part of the Services through their Personal Space (hereafter: « Contents »).
They agree that their Content should be distributed free of charge by Wiikko on the Platform and on social networks (such as Facebook, Instagram, WhatsApp, etc.) ;
They agree that their Content should be broadcast by Wiikko by any means and on any medium for the purpose of promoting the Application ;
They accept that their Editorial Content should be translated into all languages ;
They recognize and accept that Content may be subject to changes, including framing, format and colour, as well as alterations or degradations in its quality, depending on the technical constraints of the Application ;
They forego asking Wiikko for any remuneration, royalty, indemnity or financial compensation as such.
11. WEB HOSTING
Wiikko is committed to ensuring, in the terms of an obligation of means, the hosting of the Accounts and any content published by the Users on their Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, operating its activity in accordance with the practices of the profession and the state of the art, and in particular presenting sufficient guarantees under the regulations on the protection of personal data.
Wiikko is committed to implementing all the technical means necessary to ensure security and access to the Services. Wiikko is also committed to taking all necessary precautions, given the nature of the data and the risks posed by automated data processing for the purposes of access to the Services, to preserve the security of the data, including preventing it from being distorted, damaged or accessed by unauthorized third parties.
12. GUARANTEED LEVEL OF SERVICES
Wiikko is committed to ensuring the permanence, continuity and quality of access to the Services. Given the complexity of the internet, the inequality of capabilities of the various sub-networks, the influx at certain times, to the various bottlenecks over which Wiikko has no control, Wiikko cannot be held responsible (i) for the speeds of access to its servers, (ii) for internal slowdowns to its servers, and (iii) bad transmissions due to a failure or malfunction of these networks.
If necessary, Wiikko reserves the option to limit or suspend access to the Application to perform any maintenance and/or improvement. In this case, Wiikko undertakes to inform Users in advance, by any useful means, of these maintenance and/or improvement operations.
Users recognize and accept that this Service Level Guarantee does not cover any outage or interruption of access to the Application or Services acting due to telecom operators or internet and mobile web service providers.
13. SANCTIONING BREACHES
In the event of a breach of any of the provisions of these Terms ans Conditions, or more generally, of violation of laws and regulations by the User, Wiikko reserves the right to :
- Suspend temporary or permanently, without delay, access to the User Services that committed or committed the breach, or who participated in it,
- Remove any Content related to the breach or offence considered, in whole or in part,
- Take all appropriate measures and take any legal action,
- Notify, cooperate with, and provide all relevant information to the relevant authorities, if necessary, to find and suppress illegal activities.
In the event of the User's breach of an essential obligation arising from, or repeated violation of, the User reserves the right to terminate the User's access to all or part of the Services, with immediate effect, by letter, text or email.
The termination takes effect as of right on the date that Wiikko sends the written address to the User under this clause. It automatically and without prior notice the deletion of the User's Account, without prejudice to the other consequences possibly induced under these Terms and Conditions.
14. EXCLUSION OF LIABILITY AND GUARANTEE OF WIIKKO
Wiikko's liability may only be incurred if the Users have made a claim, by letter recommended with acknowledgement, within one (1) month following that occurrence and which has not been acted upon.
In addition, Wiikko acts as a broker in that it provides Sellers and Clients with technical tools and means to connect them through the Application. Wiikko's responsibility is limited to the provision of these means, as described here and to the connecting of Customers with the Sellers.
Wiikko is not a party to the contracts between a Seller and a Customer and cannot in any way be held liable for the difficulties that may arise in the conclusion or execution of these contracts. Wiikko does not offer any more guarantee to Sellers in terms of market opportunities or customer volume, nor is it liable to Customers for any guarantee as to the number and diversity of products offered for sale.
15. WIIKKO INTELLECTUAL PROPERTY
The systems, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) operated by Wiikko within the Platform, as well as the Platform itself, are protected by all intellectual property rights or rights of existing database producers.
Any disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Wiikko is strictly forbidden and may be subject to legal proceedings.
16. PERSONAL DATA
16.1. Types of data collected
In order to use the Services, the User provides Wiikko with the following personal data :
- Full name,
- Phone number,
- WhatsApp number,
- Postal address,
Information that is required to be disclosed for registration is identified.
The Payment Provider collects the bank and/or mobile money details of the Customer and the Seller in order to enable the transaction to be completed.
16.2. Purposes of processing
The Data is collected by Wiikko for the purposes of executing orders and managing business relationships. With the agreement of the User, the Data can also be used for commercial prospecting and / or for sending the Wiikko Newsletter.
16.3. Recipient of treatments
Wiikko and other Users are the recipients of the Data. For Payment Method Data, only the Payment Provider is the recipient.
The data is also transmitted to Wiikko subcontractors for hosting and storing data, as well as for texting. Wiikko is committed to selecting subcontractors with all the necessary safeguards for the protection of personal data.
16.4. Data retention
Wiikko only keeps the Data for the duration of application of the Terms and Conditions to the User and within a maximum period of five (5) years as from the deletion of the Account, whatever the cause of this deletion. However, the data to establish proof of a right or contract, which must be retained under a legal obligation, will be retained for the duration provided by the current law.
16.5. Exercise of rights
Anyone whose data has been collected has a right of access, rectification, erasure, as well as a right to portability of the data concerning him. Everyone also has the right to object and limit treatment. These rights can be exercised on the request of the email address listed in Article 2 « Operator of the Application ».
Once the request has been made and received, it will be processed as soon as possible and no later than one month after Wiikko receives the request. If you have difficulty exercising your rights or making any claims about the processing of your personal data, you have the right to refer your case to the appropriate supervisory authority.
Wiikko reserves the ability to insert, on any page of the Application and in any communication to the User, any advertising or promotional messages in a form and conditions of which Wiikko will be the sole judge.
18. COMMERCIAL REFERENCES
The Stakeholders are the sole owners of their names, trademarks, logos, signs, drawings. Each of the Stakeholders undertakes to respect the intellectual property rights of the other Stakeholder on these distinctive signs, and in particular, refrains from eliciting any analogy and/or confusion in the public mind for any purpose and by any means, in particular, each of the Stakeholders undertakes not to :
- Use the name of the other Stakeholder in its name or in any other trade or business name without limitation;
- Register or have it registered, during the duration and after the end of the contractual relationship between the Stakeholders, no mark, name, logo, sign and design used by the other Stakeholder.
The present agreement therefore does not entail any assignment of the intellectual property rights held by the Stakeholders on their distinctive signs to the benefit of the other Stakeholder, which the latter expressly acknowledges under the terms hereof.
The Stakeholders allow themselves to make use of the name, trademark, logo, and references of the other Stakeholder, as commercial references, on any medium and in any form, for the duration of these and three (3) years following the end of relations between the Stakeholders.
19. LINKS AND THIRD-PARTY SITES
Wiikko cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which Users would access through the Platform.
Wiikko is also not responsible for transactions between Users and any advertiser, professional or merchant (including potential partners) to which Users would be directed through the Platform and cannot in any way be a party to any potential disputes with these third parties concerning, among other things, the delivery of products and/or services, guarantees, statements and other obligations to which these third parties are bound.
The fact that one of the Stakeholders did not exercise any right or power under the provisions of these Terms and Conditions, or that it had been exercised late, cannot be construed as a waiver to exercise all or part of that right or power, and any single or partial exercise of any right or power will not prevent a re-implementation of that right or power.
21. FORCE MAJEURE
Wiikko cannot be held liable to the User in the event that the performance of its obligations is delayed, restricted or made impossible by the occurrence of a force majeure event, defined as any event beyond Wiikko's control, which could not reasonably be foreseen at the time of the contract and whose effects cannot be avoided by appropriate measures.
The occurrence of a force majeure event will initially suspend the execution of the Services for a period of no more than thirty (30) days.
In the event that the case of force majeure continues beyond the aforementioned period, the Stakeholders may terminate these Terms and Conditions, as of right, without formality, without notice and without the right to any kind of compensation, by sending an email with acknowledgement with immediate effect.
If any of the provisions of these Terms and Conditions were to be declared null and void as a result of a law, regulation or as a result of a final decision by a competent court, only that provision would be null and void, the other provisions will retain their full strength and scope.
23. CHANGE IN TERMS AND CONDITIONS
Wiikko reserves the right to change the Terms and Conditions at any time.
The User will be informed of these changes by any useful means, at least fifteen (15) days before they come into force. The amended Terms and Conditions will apply immediately.
Users who do not accept the amended Terms and Conditions must opt out of the Services before the end of the 15-day notification period.
Any User who uses the Services after the amended Terms and Conditions come into force is deemed to have accepted these changes, which will be fully applicable to them.
In the event of a dispute over these Terms and Conditions, the Stakeholders have the power to use a mutually appointed mediator.
In the event of failure in the appointment of the mediator or the mediation itself, the most diligent stakeholder may refer the matter to the competent Tribunal under the terms of the article « Applicable Law and Competent Courts » below.
25. APPLICABLE LAW AND COMPETENT COURT
These General Conditions are governed by the laws and regulations of the Democratic Republic of Congo.
In the event of a dispute as to the validity, interpretation and/or execution of the General Terms and Conditions, the stakeholders agree that the Commercial court of Kinshasa Gombe shall be exclusively competent to judge, unless mandatory procedural rules to the contrary exist.
26. ENTRY INTO FORCE
These Terms and Conditions came into effect on February 18, 2021