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Terms & Conditions
Considering that Canez Construction, is partnership, authorized to operate by Notice of the Ministry of Commerce and published in the Monitor, Official Journal of the Republic;
Whereas the Canez Construction has a system allowing payment transactions to be carried out from an internet access.
Whereas the Canez Construction wants to offer all its customers the opportunity to access payment services over the internet.
Considering that under this convention, the Canez Construction wants to define its obligations as well as those of its customers, potential users of internet access payment services.
Considering that the Service to be provided, by this agreement, will be referred to as the Canez E-Commerce Group.
Between the Canez Construction established at 16, Delmas 4, Port-au-Prince, Haiti; and the Customer whose identity is defined at the time of identification on the Canez Group portal or at the time of the opening of his registration as a customer [Sign up].
IT WAS AGREED AND AGREED ON THE FOLLOWING BETWEEN THE PARTIES
Article 1: Subject - Limit
The Canez Construction offers the Customer who accepts it a service allowing him to make payments on internet support, in particular, ordering products and services offered by the Company.
The Customer agrees to adhere, knowingly, to the Terms and Conditions of Use of Internet Payment Services, as established by the Canez Construction Company and is already committed to complying with the terms of the Internet Payment Services.
The parties agree that this agreement relates only to the service for making payments over the Internet and that under no circumstances could the agreement relating to that Service diminish or increase any obligation that this customer undertakes to Canez Construction under another contract with another commercial effect.
Article 2: Duration
This agreement is concluded for a full and consecutive period of 18 years. It will come into effect as soon as it is validated electronically by the Customer.
It is renewable by tacit renewal.
Any party that does not wish to renew this agreement will notify the other by letter with acknowledgement at least one (1) months prior to its expiry date or by email.
Article 3: Enjoyment - Use
The Canez Construction Company is committed to providing the Customer with a website with the necessary instructions to make optimal use of this Service.
The Customer, as soon as the approval of his application for membership by Canez Construction will have the ability to make payments on internet support from the website set up by the Canez Construction Company for this service.
The Customer is obliged not to use the Service made available to him in a manner contrary to the instructions issued by the Canez Construction in a fraudulent or illegal manner and/or in a manner detrimental to the security and effectiveness of that Service. It is also obliged to make no illegal transactions from this site.
However, the Canez Construction does not guarantee the Customer the functioning of the networks of internet service providers or the effectiveness of the navigation software used by the latter. Under no circumstances can Canez Construction be responsible, directly or indirectly, for any act, omission on the part of Internet service providers, for any failure to manufacture the navigation software retained by the Customer and/or for the performance of the equipment used by the customer.
Article 4: Company Bonds
The Valerio Canez Company S.A., as part of this agreement, is obligated to:
· Make a website available to the Customer to make payments;
· Develop and popularize, from the aforementioned website, instructions on the use of internet support to make payments and security instructions relating to them;
· Provide a file processing number to any user who has been requested to apply for membership;
· Credit and/or debit the Customer's account, after verification, the transactions carried out, in accordance with the customer's instructions;
· Give the Customer a confirmation number after completing the required transaction.
· Make any correction in case of inaccuracy and/or errors, with prior notification from the Customer;
· To ensure, by all means, the confidentiality of electronic exchanges of data and, therefore, the security of transactions carried out on internet media, reserve made of the provisions of Article 10 of this convention.
Article 5: Customer Obligations
The Client, under this agreement, is obligated to:
· Provide Canez Construction with any personal information required for the purpose of compiling its file;
· Keep his password secret and change it, at the first requisition of the Canez Construction;
· Immediately notify Canez Construction if your password is accessible by third parties;
· Assume any loss or financial consequence resulting from the use of his password as a result of his negligence (disclosure or loss of his password), the use of a password based on the Customer's personal data (phone number, date of birth, NIF, etc.);
· Follow the instructions issued by Canez Construction on its security website, listed under the headings "Security Advice," "Privacy Policy, available on the website set up by Canez Construction;
· Check the entries in his cart and notify the Canez Construction of any related errors.
Article 6: Equipment - Equipment
The Customer, in order to access the Terms and Conditions Service, should be equipped with a computer connected to an internet provider as well as any other technological tool required for such a service.
The acquisition, maintenance and repair of the aforementioned equipment is the sole responsibility of the Customer. Under no circumstances will it be able to turn against Canez Construction for any malfunction and/or misuse of the aforementioned equipment.
Article 7: Transaction Validity - Checking
Any transaction made over the Internet, in accordance with the instructions for the use of the Service, will be valid from the confirmation number provided by Canez Construction, as if this transaction had been made at one of the branches of the Canez Construction.
The Customer undertakes to verify the transactions made, from the e-mail submitted to the Company's internet platform. In the event of an error and/or inaccuracy, he will have to notify Canez Construction within three (3) business days, from the receipt of the email. After this period, no challenge will be accepted
The registration of payments made by the Customer on the internet and kept by the Canez Construction on electronic media is proof. The Client already accepts that in the event of a dispute, Canez Construction can use this electronic data as proof.
Article 8: Responsibility - Exoneration of Responsibility
The Customer will be responsible for any losses incurred, directly or indirectly, as a result of the use of the Service, in particular, in the event of:
· Unauthorized third party use of password;
· Use of the Service in a manner that does not comply with the Company's instructions;
· Failure of its Equipment;
· Mishandling made by him;
· A third-party breach of the Service's security system;
In the event of the Client's adherence to other internet services, thus exposing his Equipment to contact with other equipment, he will assume the risks inherent in the communication and transmission of information through the Internet.
The Customer assumes any losses incurred in connection with the use of the Service, as a result of his refusal to change his password at the request of the Valerio Canez Company S.A. and/or his negligence in notifying Canez Construction immediately if he suspects a third party to know him.
In the event of a malfunction and/or interruption of the Service, regardless of the cause (force majeure, defect, etc.), the Canez Construction Company undertakes to make it operational, as soon as possible. Under no circumstances will the Company be liable for any loss, direct or indirect, suffered by the Customer resulting either from the malfunction or the interruption of the Service.
On the other hand, the Company will assume any loss suffered by the Client as a result of gross negligence or error on its part.
Article 9: Privacy
The Client agrees to provide Canez Construction, at first request, with any necessary personal information, including address, tax identification number, national identification card number and/or passport number.
Canez Construction recognizes that all personal information provided to it by the Customer for the purpose of using the Service constitutes confidential information.
The parties agree that access to this information should be limited only to employees or agents who require it, in order to provide the Customer with a Quality Service.
Article 10: Review - Change
The fact that Canez Construction refrains from late claiming or claiming the application of any of the clauses contained in this agreement does not imply any waiver of its rights or acquiescence.
Canez Construction reserves the right to amend, at its discretion, in whole or in part, this amendment, without prior notification to the Customer.
The company's changes will be published on its Service website. As of publication, these changes will be enforceable against the Customer.
Article 11: Termination
Canez Construction may terminate this agreement immediately, without liability to it, in the following cases:
· Fraudulent use of the Service by the Customer;
· Failure to comply with the Client's obligations, as stipulated in this agreement;
· Not using the service for a period of one hundred and eighty days (180);
· Customer's death.
Any party may terminate, at any time, the present agreement, with a written notice of fifteen (15) free days notified to the other party, by letter with acknowledgement.
Article 12: Litigation
The parties undertake to carry out the terms of this contract in good faith. In the event of a dispute over a payment transaction made from the Service, the Customer already agrees to contact a representative of the Canez Construction Company in order to resolve the dispute amicably. To this end, the Client is obliged to cooperate with the Company by providing him with any information, document and data that can advance the investigation that will be carried out by the ad hoc services of Canez Construction
If the amicable route fails, the challenge will therefore be submitted to the Arbitration of the Chamber of Conciliation and Arbitration of Haiti (CCAH).
The parties elect residence in Port-au-Prince, the said election of residence being attribute of jurisdiction.
Article 13: General Provisions
For anything that would not have been the subject of a special clause, the parties agree to refer to the current legal provisions of the Republic of Haiti governing the matter and/or international practices in this area.
It remains understood that the terms and conditions of the other agreements and/or contracts between the Client and the Canez Construction Company remain in force. In the event of a contradiction, the provisions of this Convention will be applied.
There are thirteen (13) articles in this agreement.
