TERMS AND CONDITIONS OF USE (CGU) AND TERMS AND CONDITIONS OF SALE (CGV)

TERMS AND CONDITIONS OF USE (CGU) AND SALE (CGV)

Lextractiv international is pleased to welcome you to its corporate website (WWW.LEXTRACTIVINTERNATIONAL.COM). Lextractiv international is a consulting firm offering scientific and professional research and the sale of legal and paralegal products and services, mainly to professionals and secondarily to private individuals, in the extractive industries sector in Africa and worldwide.

This document sets out the terms of use governing this website. BEFORE USING THIS WZB SITE, PLEASE READ CAREFULLY THESE GENERAL CONDITIONS OF USE (GCU) AND GENERAL CONDITIONS OF SALE, INCLUDING E.COMMERCE (CGV). The information and documents provided by LEXTRACTIV INTERNATIONAL may be used for information purposes only. By accessing, using, or downloading materials from this Web site, you agree to be bound by the terms and conditions of this legal notice. You also agree that these terms and conditions apply to all your visits to the LEXTRACTIV INTERNATIONAL AND ITS SUBDOMAINS website, both now and in the future. LEXTRACTIV INTERNATIONAL may modify or update these Terms of Use at any time. Please visit this page regularly to review the most current terms and conditions to which you are bound as a visitor or user. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS OF USE. OR IF YOU PREFER, LET US KNOW BY E-MAIL AT [email protected].

The terms “LEXTRACTIV INTL” or “we, us, our” refer to the owner of the website whose registered office is located at Avenue Foch, Yaoundé (Région du Centre), BP: 17189-Yaoundé, CAMEROON. The term “you” refers to the visitor or user account holder to our website.

RESTRICTIONS

You may view, download and copy the information and documents available on this website, but only for your personal, non-commercial use. You also have the right to use such documents within your organization in support of LEXTRACTIV INTL products or services.

You agree, as a condition of use, not to modify the documents in any way and to retain all copyright and proprietary notices contained in the original documents on any copy of the document. We do not authorize any other use of the documents or information. In the event of any breach of the above, we reserve the right to take legal action for criminal or civil liability.

OWNERSHIP OF INFORMATION AND DOCUMENTS

We agree that the information and all documents (including technical documentation books, press releases, data sheets, product or service descriptions accessible on or from this site are the copyrighted works of LEXTRACTIV INTL. We therefore agree that any unauthorized use of these documents constitutes a violation of international copyright, trademark and other laws. The LEXTRACTIV INTL Web site and other online applications may contain documents or logos that are not protected by LEXTRACTIV INTL copyrights; they are the property of their respective trademarks.

All rights not expressly granted herein are reserved.

TRADEMARK INFORMATION

The trademarks of LEXTRACTIV INTL. may only be used with the written permission of LEXTRACTIV INTL. Lextractiv international is the owner of the Lextractiv trademark, including :

Cabinet Lextractiv international ;
Lextractiv Foundation;
LEXT ;
RELEXT Review;
RELEXT Collection ;
Lext E.Doc ;
Lextractiv Consulting ;
Lextractiv Learning;
Lextractiv mediation and disputes;

Except as expressly provided in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of LEXTRACTIV INTL. or any third party.

LINKS TO OTHER WEBSITES

In order to make the LEXTRACTIV INTL. website service-oriented or for other purposes, we have indexed links to complementary Internet sites on the Internet, owned and operated by third parties. We offer no guarantee and are not responsible for the accessibility of content on or from these third-party sites. A link to a third party site from the LEXTRACTIV INTL Web site does not constitute an endorsement by LEXTRACTIV INTL of the third party or its site and does not automatically imply any affiliation between LEXTRACTIV INTL and the third party hosting the site.

DISCLAIMER OF LIABILITY

LEXTRACTIV INTL strives to provide you with useful, accurate and timely information on this Web site. Accordingly, LEXTRACTIV INTL. attempts to provide accurate information and materials on this site, but assumes no responsibility for the accuracy or completeness of such information or materials. LEXTRACTIV INTL. may make changes to the content of any information or materials on this site, or to the products described in such information or materials, at any time without notice. However, LEXTRACTIV INTL. makes no commitment to update the information or materials on this Web site; therefore, the information or materials may be out of date.

The information and opinions presented in bulletin boards and other forums are not necessarily those of LEXTRACTIV INTL. Neither LEXTRACTIV INTL. nor any of its officers, directors, employees, distributors, training resellers, trainers or affiliates shall be liable for any damages (including, without limitation, actual, consequential or punitive damages), liability, claims or other losses or causes relating to or arising out of any information published on the LEXTRACTIV INTL. website. LEXTRACTIV INTL reserves the right to revise these terms and conditions or legal restrictions at any time. It is your responsibility to review this page from time to time to ensure compliance with any applicable terms, conditions and legal restrictions, as they are binding on you. Certain provisions of these terms, conditions and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Web site.

ALL INFORMATION AND MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LEXTRACTIV INTL, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

IN NO EVENT SHALL LEXTRACTIV INTL, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS OR LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, THE INABILITY TO USE OR THE RESULT OF THE USE OF THIS WEB SITE, ANY WEB SITE LINKED TO THIS WEB SITE OR THE INFORMATION OR MATERIALS CONTAINED ON SUCH WEB SITES, WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN GIVEN.

IF YOUR USE OF THE INFORMATION OR MATERIALS ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

OPTIONAL WARRANTIES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE “LEXTRACTIV INTL. AND OUR SUBSIDIARIES, DISTRIBUTORS, DEALERS AND TRAINERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PRODUCT:

DIRECT DAMAGES ;
LOSS OF PROFITS ;
LOSS OF SALES ;
LOSS OF ANTICIPATED SAVINGS ;
WRITE-DOWN OF GOODWILL AND SIMILAR LOSSES ;
PROGRAM-RELATED INVESTMENTS, EXPENDITURES OR COMMITMENTS; OR
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PURE ECONOMIC LOSS, COSTS, DAMAGES, EXPENSES OR EXEMPLARY DAMAGES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, NEITHER LEXTRACTIV INTL. NOR ANY OF OUR BRANCHES WILL BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING FROM :

(a) YOUR FAILURE TO OBTAIN ANY OF OUR CERTIFICATIONS OR ANY OTHER INABILITY TO PARTICIPATE IN THE PROGRAM, INCLUDING (WHETHER) DUE TO TERMINATION OF CONTRACT OR WHETHER DUE TO INTERRUPTION OF ANY SERVICE OR PRODUCT ORDER, INTERRUPTION OF CERTIFICATION, CERTIFICATION EXAMINATION, ANY TRAINING PROGRAM;

OR (b) ANY INVESTMENT, EXPENSE OR COMMITMENT BY YOU UNDER THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EDUCATION PROGRAM OR ANY OTHER SERVICE.

EXCLUSION OF LIABILITY

LEXTRACTIV acknowledges that the information contained in its website is, to the best of our knowledge, correct, complete and up-to-date. However, this site, including any content accessible through it, is made available to you without warranty or assurance of any kind, either express or implied.

The user of this website is solely responsible for the risks and perils associated with accessing and using this website. LEXTRACTIV accepts no liability for loss or damage of any kind incurred as a result of and/or in connection with access to or use of this site.

LEXTRACTIV may provide hyperlinks on its website to third-party websites, but this in no way constitutes approval of their content on the part of LEXTRACTIV INTL. Consequently, LEXTRACTIV is not responsible for the accessibility or content of these sites. Access to such sites via such a link is at the user’s own risk. In addition, LEXTRACTIV selects only reliable affiliates for hyperlinks, LEXTRACTIV INTL. does not guarantee anything on their behalf. We therefore recommend that you refer to their privacy and data protection policy on their website.

MODIFICATION

LEXTRACTIV INTL will make changes to this Agreement or any related policies from time to time as necessary. LEXTRACTIV INTL may modify or discontinue any of our services at any time, including, but not limited to:

training and certification requirements (catalog, timetable, examination, grading, certificates, training materials, benefits of examination, certification and education programs)
RELEXT magazine or RELEXT collection requirements (sales conditions, technical conditions, periodicity, editorial board, affiliation, volume and writing standards, etc.);
requirements concerning the terms and conditions of sale of other services and products (Lextractiv Foundation, E.LEXT, Lext E.Doc, Lextractiv Counsulting, Lextractiv Litigation).
Online payment requirements (LextPay).

LEXTRACTIV INTL. will notify you of changes by posting them on its website. LEXTRACTIV INTL. may, but is not obligated to, notify you of updates by e-mail or other means. It is your responsibility to check the LEXTRACTIV INTL. website regularly for changes. Changes will be effective as of the date they are posted. Your continued participation in the examination, certification and training programs means that you agree to abide by this agreement, the policies and any additional requirements specified on the LEXTRACTIV INTL. website. The current PECB certification requirements for each PECB certification made by LEXTRACTIV INTL and the current version of this Agreement may also be viewed, in addition to the LEXTRACTIV INTL. website, on the PECB website. LEXTRACTIV INTL. recommends that you check its website regularly for changes to the Examination, Certification and Training Program or to this Agreement. The date of the last modification is indicated at the beginning of this agreement.

POLICY OF LEXTRACTIV INTL.ON ECONOMIC SANCTIONS

In order to comply with economic sanctions, LEXTRACTIV INTL. may not, directly or indirectly, carry out financial transactions or participate in the provision of services to persons and entities subject to Cameroonian economic sanctions. The same applies to all persons and entities subject to economic sanctions in their respective countries, provided that we have been informed of such sanctions. LEXTRACTIV INTL. declines all responsibility in the event of unawareness of such sanctions on foreign entities and persons, on the basis of its good faith.

PERSONAL DATA PROTECTION

We apply and comply with the General Data Protection Regulation (GDPR) of May 25, 2018.

Please refer to our privacy policy, at the attached link: Privacy Policy

Please refer to our privacy policy at the following link: Privacy Policy

ORDERING METHODS

The customer has a choice of several ways of ordering from the Site: On the Internet, By telephone or By e-mail. To place orders, users must obtain a customer account on the site. Order prices will be quoted exclusive of tax (excluding VAT), with shipping costs where applicable (in the case of orders for a physical version of a product) not included in the prices. Customers outside France who require a physical version of the documentation will be responsible for any customs duties or taxes incurred in shipping the products from France to their place of residence in the case of books printed by LexisNexis, for example.

At the time of placing the order, we agree that users define the payment terms, as we accept several payment methods depending on the services and products.

– Cash payment in a single annual instalment for the subscription to RELEXT magazine, if applicable.

– payment in one or two instalments with deposit for the RELEXT collection and for training courses and certifications. In this case, the terms and conditions are specified on the order form.

– payment according to a schedule specified on the order form, for consulting, auditing and litigation services.

Users can benefit from discounts of 5 to 15 percent on all services and products excluding the magazine, if they subscribe to the Lextractiv intl loyalty card. The discount percentage will depend on the total amount of the order or quotation.

RELEXTonline
Annual subscription code ;
Open Access Code ;
Access freemium code

B- RELEXTcollectionOnline

Project by project code ;
Open Access Code ;
Access freemium code

C- Lextractiv Consulting

supply contract (annual, half-yearly, quarterly, monthly, weekly, daily) ;
TIME CODE ;
code project by project

D- Lextractiv Learning

A la carte training: project code for individual projects and project code for corporate projects
Spontaneous training: time promo code
Customized training (non-catalog orders): project-by-project code

E- Lextractiv E.doc

Project by project code

F- Lextractiv Litigation

supply contract (annual, half-yearly, quarterly, monthly, weekly, daily) ;
code project by project

ONLINE PAYMENT METHODS

Our website offers a choice of payment methods and can accept online payments. Customers can pay for our services by PayPal, credit card, check, bank transfer, and mobile payment (Orange Money, Mobile Money) depending on their country of residence. LEXTRACTIV is not responsible for payments processed via PayPal or any other payment gateway used on our website for payments, including, without limitation, for certification applications, exam fees, annual maintenance fees, exam rescheduling, etc.

LEXTRACTIV INTL is aware of the importance of ensuring the security of your online shopping experience, which is why LEXTRACTIV INTL uses reliable third-party service providers such as PayPal and other payment gateways. To this end, we use the SSL certificate of a reliable third-party service provider to secure your personal information. The SSL certificate confirms that LEXTRACTIV INTL. has been evaluated as having installed the highest Internet security standard available in the retail sector. No matter what page you visit on our website, including a checkout process or login/registration pages, you will see a green address bar. If you click on this field, you’ll be able to view information about the SSL certificate and confirm the issuing organization. We use TLS1.2 for data transfer.

TERMINATION OF USE

We may, at our discretion, for any reason, including, without limitation, breach of this Agreement, terminate or suspend your access to the LEXTRACTIV INTL. website, in whole or in part. Such termination may include, without limitation, the bulletin boards contained therein. If we terminate your access, the restrictions on the materials on the site and the representations and warranties, indemnities and limitations of liability set forth herein shall survive.

RETRACTATION

We agree that Lextractiv international follows French consumer law,

and grants its customers the right of withdrawal within 14 days from the date of validation of your order. In this case, retraction can only be made by registered mail (date of postmark) or by e-mail. This must be done before payment for the service/product. Once payment has been made, we will not be able to grant you a retraction or refund. ONCE THE 14-DAY PERIOD HAS ELAPSED, EVEN WITHOUT ANY PAYMENT ON YOUR PART, INSOFAR AS YOU HAVE NOT REPORTED THE WITHDRAWAL AND OUR EXPERT CONSULTANTS HAVE CONTINUED THE WORK, AND PROBABLY COMPLETED IT IF NECESSARY, THIS SERVICE WILL CONSTITUTE A DEBT, WITH THE ORDER FORM MENTIONING THE AMOUNT ACTING AS PROOF OF THE DEBT. AND YOU WILL BE CONSIDERED AS OUR CREDITOR WITH ALL THE LEGAL CONSEQUENCES.

However, the right of withdrawal does not apply to all our services. No right or period of withdrawal is accepted for the RELEXT magazine, for PECB training courses and certifications, for the drafting of deeds and the delivery of legal opinions. These services benefit from an exception to the right of withdrawal.

AFTER-SALES SERVICE

We agree that Lextractiv international can only grant you the right to after-sales service for its sub-domains: Lextractiv Consulting, Lextractiv Learning and Lextractiv Litigation. We provide free modifications and support for 60 days on services already carried out by Lextractiv intl. However, the after-sales service law does not cover the implementation of notices and recommendations, which will be the subject of new service contracts.

TRANSFER OF OWNERSHIP AND RISK

We agree that the transfer of ownership as well as the transfer of risks is immediate after full payment of the service or the related product. (Deferred or immediate transfer)

APPLICABLE LAW, COMPETENT JURISDICTION

All matters relating to your access to, or use of, the LEXTRACTIV INTL website, including any disputes relating thereto, shall be governed by and construed in accordance with the laws applicable in Cameroon. With the exception of special cases provided for in specific agreements with certain partners, the courts of Yaoundé shall have exclusive jurisdiction over any dispute arising hereunder. Each party consents to the jurisdiction and venue of such courts. In addition, no recovery can be sought or received for damages other than out-of-pocket expenses, however, the winning party will be entitled to attorneys’ fees and costs. In the event of any controversy or dispute between LEXTRACTIV and you arising out of or in connection with your use of the Site, the parties will attempt, promptly and in good faith, to resolve any such dispute.

We recommend, in any event, that any questions relating to your access to or use of our website, including any disputes arising in connection therewith, be settled as a matter of priority, and prior to recourse to the courts, by alternative (extrajudicial) means of dispute resolution: from amicable settlement to mediation, exclusively.

We therefore agree that before referring the matter to the mediator, you must first contact Lextractiv international to try to resolve the dispute amicably. If you have not done so, please contact us at [email protected] or [email protected].

In the event of failure to settle your dispute amicably, you may then initiate mediation. To this end, you have two possible options: either contact our appointed mediator, or use the European online dispute resolution platform. We agree that these options are valid only if your claims relate to an order in which Lextractiv international was the actual seller of the product or service. Otherwise, we advise you to contact the third-party seller at the address indicated on their dedicated page.

OUR APPOINTED MEDIATOR

We agree that our European consumers (B2C) may have recourse to our appointed mediator, Mr Jean-Pierre DESIDERI, Lawyer, University Professor, Address : 10 rue Joseph d’Arbaud NICE (06100) ; Phone : + 33 971 454 740 ; Mob : + 33 662 018 507 ; Fax : + 33 493 988 507 ; E-mail : [email protected]

ONLINE DISPUTE RESOLUTION PLATFORM

We agree to the use of the European online mediation platform by all our European customers (ODR platform- Online Dispute Resolution/RLL-Règlement en Ligne des Litiges), in accordance with Article 14 of European Union Regulation No. 524/2013, accessible at the link : https://webgate.ec.europa.eu/ord/ This is the European Commission’s website to help consumers and professionals settle disputes out of court. If you choose this option, please use our address: [email protected] as your professional email address for Lextractiv international. This address is reserved exclusively for this platform, and only for complaints from European customers.

MISCELLANEOUS PROVISIONS

These provisions constitute the entire agreement between you and LEXTRACTIV with respect to your use of the Site. If you have any questions or suggestions about LEXTRACTIV INTL. terms and policies, please send them to us at [email protected]. If any provision hereof shall be held to be invalid, illegal or unenforceable for any reason whatsoever, such provision shall be severed herefrom and the remaining provisions hereof shall remain in full force and effect.

FEEDBACK

We agree that all feedback, comments, information or materials transmitted to LEXTRACTIV INTL. via our Web site or in association with our Web site shall be considered non-confidential and shall become the property of LEXTRACTIV INTL. By transmitting such content and materials to LEXTRACTIV INTL. you agree to a royalty-free assignment to LEXTRACTIV INTL. of worldwide rights to use, copy, modify, display and distribute the transmitted content. Such content, comments and documents may be used by LEXTRACTIV INTL. without restriction and at its own discretion.

SOCIAL NETWORKS

LEXTRACTIV INTL’s social networking platforms. are intended to promote and streamline our interactions and allow you to share content. LEXTRACTIV INTL. gives you the opportunity to participate in various blogs, forums, wikis and other social networking platforms hosted on its website. (“Social Network Platforms”). On the other hand, if you share personal data on social networking platforms that are subsequently used, misused or otherwise appropriated by another user, LEXTRACTIV INTL. cannot be held responsible.

LEXTRACTIV INTL. may also provide links to other social networking platforms maintained on separate servers by individuals or organizations on which LEXTRACTIV INTL. has no control. LEXTRACTIV INTL. cannot guarantee the accuracy or any other aspect of the information found on such servers. A link to a third-party website should not be construed as an endorsement by LEXTRACTIV INTL. or the other’s products and services. LEXTRACTIV INTL. cannot guarantee how user data is stored or used on third-party servers. LEXTRACTIV INTL. strongly recommends consulting the privacy policy of each third-party site linked to our site to find out how your personal data is used there.

LEXTRACTIV INTL.will not provide advance notice of any changes to the information contained on its website.

Cabinet Lextractiv international, Avenue Foch, Yaoundé, BP: 17189-Yaoundé, CAMEROON

ADVERTISING

You may not misrepresent or embellish the relationship between LEXTRACTIV INTL. and you (including by expressing or implying that we endorse, sponsor or contribute to you or your business activities), or to express or imply any relationship or affiliation between LEXTRACTIV INTL. and you or any other person or entity, except as expressly authorized by this Agreement.

AMENDMENTS TO THIS DOCUMENT

STAY SERIOUS. WE INTEND TO MODIFY THESE TERMS, CONDITIONS AND POLICIES AT ANY TIME, IF NECESSARY AND WITHOUT NOTICE. IF YOU ARE DISSATISFIED WITH ANY PART OF OUR POLICY, PLEASE DO NOT USE OUR WEBSITE, OR EMAIL US AT [email protected].

DISASSEMBLY

The collection and use of your personally identifiable information by Lextractiv international is done with you in mind. If you no longer wish to receive emails and have signed up for Lextractiv international updates on WWW.LEXTRACTIV INTERNATIONAL.COM, the application used to sign up will also allow you to unsubscribe on the dedicated page. You can also, if you wish, send us an e-mail to [email protected] with the subject line “UNSUBSCRIBE” and other relevant information.

TERMS AND CONDITIONS OF USE (CGU) AND TERMS AND CONDITIONS OF SALE (CGV)

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