TMONEY APPLICATION TERMS AND CONDITIONS

The purpose of these General Terms and conditions (referred to “T&Cs”) is to determine the rules for using the TMoney mobile application (referred to the “Application”) published by Togocom.

By installing the Application on your terminal and/or accessing the Application, as a visitor and/or user, you accept without condition or reserve all of the T&Cs defined below. If you do not wish to accept these T&Cs, we ask you not to access the Application. Any visit and/or use of the Application must be done in compliance with these T&Cs.

Article 1. DEFINITIONS

Terms beginning with a capital letter within these T&Cs, whether used in singular or plural form, will have the definition that is provided below:

“Application” refers to “TMoney” software application published and provided by Togocom, giving access to the Services for download free of charge by the User on his/her Apple iOS and Android terminal. The Application also includes the Content, software, programs, tools (programming, navigation…), databases, operating systems, documentation and any other elements and services that are a part thereof, updates and new versions that may be brought to the Application by Togocom.

“Content” refers, but is not limited to, the structure of the Application, the editorial content, drawings, illustrations, images, photographs, graphic charts, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio content, as well as any other content present within the Application and/or any other element making up the Application.

“Services” refers to the different functions and services offered by the Application.

“Site” refers to the official Togocom website at the following address: www.togocom.tg

“User” or “You” means an adult or minor natural person who has previously obtained authorization from their parents or the person vested with parental authority, and who has downloaded the Application for their own needs, within the framework of strictly personal and non-commercial use, without direct or indirect profit.

Article 2. PURPOSE OF THE APPLICATION

TMoney application allows the user to access different services, including:

• Money transfer
• Cash out
• Purchase of airtime
• Bundle purchase
• Merchant payment
• Bills payment
• Transaction histories
• Banking service
• Goama
• Nearest agent
• 1ACFC Jeu

This list is non-exhaustive and may be modified at any time without Togocom being held liable in this regard by anyone.

Article 3. ACCESS TO THE APPLICATION

To access and use the Application, you must have a compatible phone/terminal and access to the Internet network.

The Application can be downloaded free of charge from “Google Play Store” or “Apple Store” platform.

Article 4. APPLICATION OF THE T&Cs

The T&Cs are applicable to any User of the Application and Services. The User is invited to carefully read the T&Cs which are accessible :

• On the Play store download page
• On the Play store download page
• On the Togocom website
• In the application drop-down menu

The Application may be subject to regular updating. In this regard, any Application downloaded by the User, has a limited validity in time, taking into account the updates that must be downloaded and any technical, legislative or regulatory developments, over which Togocom has no control.

The T&Cs are subject to modification at any time and without notice by Togocom.

Article 5. INTELLECTUAL PROPERTY OF THE APPLICATION

Togocom is the exclusive owner of all intellectual property rights relating to the Application and its Content. Without prejudice to the provisions of article 5, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, operating authorization granted directly or indirectly. Togocom for the benefit of the User on the Application, its Content and/or the Services.

Article 6. USE LICENSE

Togocom grants the User a personal right to use the Application, Content and Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free only for their own needs in the context of the use of the Application and Services, to the exclusion of any other purpose. The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application. The User does not acquire any intellectual property rights over the Application, the Content and/or the Services nor any rights other than those granted herein. This license does not confer any right of use to the User over the Content. The User therefore undertakes not to reproduce, represent, adapt and/or exploit any of the Content. The User expressly undertakes that the use of the Application will not in any way infringe the rights of Togocom, and in particular that this use will not constitute an act of counterfeiting, unfair or parasitic competition of the Content.

Article 7. USER OBLIGATIONS

The User expressly undertakes:

• to download the Application on their equipment exclusively for personal and non commercial use;
• not to reproduce the Application permanently or temporarily, in whole or in part, by any means and in any form;
• not to use software or processes intended to copy the Content without the prior written authorization of Togocom
• not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or “Reverse Engineering”) of all or part of the Application, the Services and/or Content;
• not to export the Application, to merge all or part of the Application with other computer programs;
• not to carry out short quotations, analyzes and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the name of the authors and the source editorial
• to expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, nor to take any action likely to impose a disproportionate burden on Togocom’s infrastructures;
• not to extract or reuse, including for private purposes, without prior written authorization from Togocom, a substantial or non-substantial part of the content of the databases and archives created by the Application;
• not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate these T&Cs;
• to inform Togocom as soon as it becomes aware of an act of piracy and in particular of any illicit or non-contractual use of the Application and/or Content whatever the mode of distribution;
• not to sell, rent, sublicense or distribute in any way the Application and/or the Content to third parties.

Article 8. PROTECTION OF PERSONAL DATA

Any personal information that the Internet user may transmit to Togocom when using the mobile application is subject to the 2019-014 law on the protection of personal data.

Article 9. AVAILABILITY OF THE APPLICATION

Togocom undertakes to make its best efforts to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of Togocom and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions may be carried out without Users having been previously notified.

Article 10. LIMITATION OF WARRANTY

Access and use of the Application is at the User’s own risk. The Application and software are provided “as is” and “as available” without warranty of any kind. It is up to all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack. The User declares to know and accept the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems linked to network failure or saturation; issues related to transit time, access to information posted online , response times to view, view, query or otherwise transfer data; risks of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by possible viruses circulating on said networks, etc. for which Togocom cannot be held responsible.

Togocom cannot be held responsible for:

• in the event of a defect, loss, delay or error in data transmission which is beyond its control;
• sending messages and/or data to a false, incorrect or incomplete address;
• if data does not reach it, for whatever reason, or if the data it receives is unreadable or impossible to process;
• in the event that the User is unable to access or use the Site, the Application and/or the Services for any reason whatsoever;
• if, for any reason, the connection should be interrupted.

Furthermore, Togocom declines all responsibility in the event of misuse of the terminal and/or any incident linked to the use of the terminal when using the Application. Togocom cannot under any circumstances be held responsible for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored there nor for the consequences that may result from this on their activity. personal, professional or commercial.

Article 11. EVOLUTION OF THE GENERAL CONDITIONS OF USE

The applicable T&Cs are those in force on the date of connection and use of the Application by the User. Togocom reserves the right to modify, at any time, all or part, the provisions of the T&Cs without notice or prior information to Users in order to adapt them to developments in the Services, technical, legal or jurisprudential developments or during the implementation new services. Any modifications made by Togocom to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting. Togocom therefore invites all Users to regularly consult the T&Cs. Any new Service integrating new techniques or new characteristics improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.

Article 12. TERMINATION

The User may terminate these T&Cs at any time. Togocom is free to terminate the Service at any time. In this case, Togocom will notify the User as soon as possible before the Service is terminated.

Article 13. CONTACT

Any questions relating to the Application and/or Services should be directed to TMoney customer service accessible via 8845.

These T&Cs are subject to Togolese law.