• INTERPRETATION
    The headings of the clauses in these Terms (as defined below) are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these Terms nor any clause hereof. Unless a contrary intention clearly appears –

    • 1.1 words importing –
      • 1.1.1any one gender include the other two genders;
      • 1.1.2the singular include the plural and vice versa; and
      • 1.1.3natural persons include created entities (corporate or unincorporate) and the state and vice versa;
    • 1.2a reference to a person includes a reference to any individual, body corporate (wherever or however incorporated or established), association, partnership, government, state agency, public authority, joint venture, works council or other employee representative body in any jurisdiction and whether or not having a separate legal personality;
    • 1.3a reference to a person includes a reference to that person’s legal personal representatives, successors, permitted assigns and permitted nominees in any jurisdiction and whether or not having separate legal personality;
    • 1.4a reference to a company shall be construed so as to include any company, corporation or other body corporate or other legal entity, wherever and however incorporated or established; and
    • 1.5except as otherwise provided in these Terms, when referring to time, time in Coordinated Universal Time (UTC) time zone shall apply;
    • 1.6the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –
      • 1.6.1 “Affiliate” in respect of either Party means (i) any person who is related or inter-related to that Party; or (ii) any other person who directly or indirectly through one or more intermediaries controls or is controlled by, or is under common control with, such first-mentioned person and includes any subsidiary of any such person. For purposes of this definition, “control” when used with respect to any person means the power to direct or cause the direction of or influence of the board, the management and the policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” shall have a corresponding meaning;
      • 1.6.2 “App” means the CongoVIP application for mobile and handheld devices (including but not limited to all of the content, material, information, data, features, services, functionality or otherwise provided on the App);
      • 1.6.3 “Benefits” means, by virtue of the CongoVIP Rewards Program, the benefits made available to Members by Partners in accordance with the Membership Package selected by such Member, which benefits shall be stipulated in the Partner Application and reflected on the Platform accordingly;
      • 1.6.4 “CongoVIP” means the company trading as “CongoVIP”, and any reference to “we”, “us”, or “our” shall mean CongoVIP;
      • 1.6.5 “CongoVIP Rewards Program” means the loyalty program operated by CongoVIP on its Platform for Members to receive the Benefits;
      • 1.6.6 “Member” means a person registered as a member of CongoVIP upon acceptance of a Membership Application by CongoVIP;
      • 1.6.7 “Membership” means a membership of CongoVIP;
      • 1.6.8 “Membership Application” means a Membership application submitted by You to become a Member, which is subject to acceptance by CongoVIP;
      • 1.6.9 “Membership Card” means the virtual card issued to Members by CongoVIP upon acceptance of a Membership Application and receipt of the Membership Fees;
      • 1.6.10 “Membership Fees” means the fees payable by Members in respect of Membership, which fees are dependent on the Membership Package selected by the Member, notified by CongoVIP to Members upon application for and prior to a renewal of Membership;
      • 1.6.11 “Membership Package” means the Membership package selected by a Member, being either Bronze, Silver, or Gold, to receive the Benefits;
      • 1.6.12 “Partner” means a supplier, whose Partner Application has been accepted by CongoVIP to participate in the CongoVIP Rewards Program, and who has may be engaged by CongoVIP on behalf of and as agent for a Member to provide goods and/or services to such Member;
      • 1.6.13 “Partnership” means the partnership of CongoVIP as a Partner participating in the CongoVIP Rewards Program;
      • 1.6.14 “Partner Application” means a partner application submitted by You to become a Partner, which is subject to acceptance by CongoVIP;
      • 1.6.15 “Platform” means collectively, or individually and separately, as the context may require, the Website and/or App;
      • 1.6.16 “Privacy Policy” means the Privacy Policy, section of the Platform which, inter alia, describes the CongoVIP’s policies and procedures on the collection, use and disclosure of Your personal information when You access or use the Platform;
      • 1.6.17 “Request” means a request placed by a Member with CongoVIP for CongoVIP to arrange the supply of goods and/or services from a Partner;
      • 1.6.18 “Services” means the concierge services provided by CongoVIP to its Members as part of their Membership;
      • 1.6.19 “Terms” means these Terms that form the entire agreement between the CongoVIP and You in terms of which, inter alia, the terms regarding the access and use of the Platform are regulated;
      • 1.6.20 “Territory” means the Democratic Republic of the Congo;
      • 1.6.21 “Website” means the website https://congovip.com/ (including but not limited to all of the content, material, information, data, features, services, functionality or otherwise provided on the Website);
      • 1.6.22 “You” means the individual, company, or any other legal entity on behalf of which such individual is accessing or using the Platform, and “Your” shall bear the same meaning, as the context requires, and to the extent applicable shall also include a reference to Members and Partners;
    • 1.7 the headings in these Terms are inserted for convenience and reference purposes only and do not affect its interpretation;
    • 1.8 the words “hereof”, “herein”, “hereunder” and “hereby” ” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms;
    • 1.9 wherever the word “include,” “includes,” or “including” is used in these Terms, it shall be deemed to be followed by the words “without limitation”;
    • 1.10 to the extent that these Terms or any other document that might be published from time to time on the Website conflict with translated copies, the English version prevails.
  • INTRODUCTION
    • 2.1 By using or accessing the Platform, You are agreeing to be bound by these Terms and all applicable laws and regulations. These Terms are applicable to all users, visitors and other who access the Platform. If You do not agree with any part of these Terms, then You are prohibited from accessing or using the Platform. The materials and content contained in the Platform are protected by applicable copyright and trademark law.
    • 2.2 These Terms govern the use of the Platform and shall be the agreement that operates between You and CongoVIP.
    • 2.3 You represent that you are over the age of 18. CongoVIP does not permit those under 18 to access or use the Platform.
    • 2.4 Your access to and use of the Platform is also conditional upon Your acceptance of and compliance with the Privacy Policy, which is incorporated herein by reference.
  • MEMBERSHIP APPLICATIONS AND MEMBERSHIP CARDS
    • 3.1 All Membership Applications are subject to acceptance by CongoVIP at its sole discretion. CongoVIP shall notify applicants in the event that his or her Membership Application has been accepted. CongoVIP is under no duty to disclose its reasons for rejecting any Membership Application.
    • 3.2 You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify CongoVIP promptly in the event that any information provided by you in connection with your Membership changes.
    • 3.3 Upon acceptance of a Membership Application and receipt of the Membership Fees, CongoVIP shall issue the Member with a Membership Card.
    • 3.4 Memberships are personal to each Member. Each Member is responsible for ensuring that no third party uses the Membership, and You represent that the Services are not for resale and You are not acting as an agent for any other third party.
    • 3.5 Access to and use of the Membership section of the Platform is through a combination of username and password. Each Member is solely responsible for maintaining the confidentiality of the username and password and each Member agrees to notify CongoVIP immediately if such Member believes that there has been any breach of security, including the unauthorised use of the username and/or password.
    • 3.6 We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with the Privacy Policy. Please note that all information provided to us is stored on our secure servers and/or on servers supplied to us by a third party service provider which have been engaged by us to provide such services.
  • MEMBERSHIP DURATION AND CANCELLATIONS
    • 4.1 Your Membership shall commence upon the date of acceptance of your Membership Application, and shall endure for the period selected by You, as per the interval options stipulated in the Membership Application (for example, bi-annually or annually), on a subscription basis.
    • 4.2 Memberships shall be automatically renewed upon expiry of the initial period and/or any subsequent renewal periods, as applicable, for a further period of the interval option selected.
    • 4.3 If You do not wish to renew your Membership, You must notify CongoVIP in writing, at least 30 (thirty) days prior to the expiry of the initial period and/or subsequent renewal periods, as applicable, failing which, CongoVIP reserves the right to charge the then current Membership Fee in order to renew the Membership.
    • 4.4 Upon cancellation by You of your Membership, you agree that:
      • 4.4.1 You shall not receive a refund of the Membership Fees (or any portion thereof), unless otherwise agreed by CongoVIP at its sole discretion;
      • 4.4.2 You are obliged to pay all charges made to your billing account for your Membership before the date of cancellation;
      • 4.4.3 You will lose access to and use of your account upon cancellation.
    • 4.5 CongoVIP reserves the absolute right to suspend or cancel your Membership where it has reason to do so. If CongoVIP cancels your Membership, CongoVIP shall be entitled, at its sole discretion, to refund the balance of the current Membership Fee on a pro rata basis in respect of the unexpired period to which the Membership Fee relates, provided that You are not in breach of any of the Terms stipulated herein.
    • 4.6 Any termination by CongoVIP of your Membership shall be without prejudice to any other remedies that CongoVIP may have against You (including a claim for damages or to claim specific performance) or any other relief in respect of any antecedent breach of the terms of these Terms prior to such termination.
  • MEMBERSHIP FEES AND PAYMENT TERMS
    • 5.1 Membership Fees
      • 5.1.1 Membership Fees shall be notified to You prior to acceptance of your Membership Application.
      • 5.1.2 You are solely responsible for paying any applicable taxes or other charges in respect of your Membership Fees.
      • 5.1.3 Membership Fees are payable upfront in advance upon acceptance of your Membership Application and/or prior to renewal of your Membership.
      • 5.1.4 CongoVIP reserves the right to refuse to provide the Services, and/or suspend or cancel your Membership if we do not receive full payment of the Membership Fees on the due date for payment.
      • 5.1.5 Membership Fees exclude any charges and costs which may be payable to a Partner for the supply of goods and/or services as per the Member’s Request.
    • 5.2 Payment Method and Billing Account
      • 5.2.1 The payment method will be selected by You in the Membership Application.
      • 5.2.2 You agree to permit CongoVIP to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network.
      • 5.2.3 You agree to promptly update your account and any other information, including your email address and payment method details, in order for CongoVIP to complete your transactions and contact you as and when required in a connection with your transactions.
      • 5.2.4 Changes made to your billing account will not affect the Membership Fees we submit to your billing account prior to us being able to reasonably act on your changes made to your billing account.
      • 5.2.5 By providing CongoVIP with a payment method, You:
        • 5.2.5.1 represent that you are authorised to use the payment method You provided and that the payment information You provided is true and accurate;
        • 5.2.5.2 authorise CongoVIP to charge You the Membership Fees using your chosen payment method;
        • 5.2.5.3 authorise CongoVIP to bill you at the same time for more than one of your prior billing periods for amounts that have not previously been processed.
    • 5.3 Recurring Payments
      • 5.3.1 Membership Fees shall be on a subscription basis (for example, bi-annually or annually).
      • 5.3.2 You agree that You are authorising recurring payments, and payment will be made to CongoVIP by the method and the recurring intervals you have agreed to, until Your Membership has been terminated by You or by CongoVIP in accordance with the Terms.
      • 5.3.3 By authorising recurring payments, You are authorising CongoVIP to process such payments as either electronic debits or fund transfers, or as charges to your designated account (for credit card or similar payments), or any other such method as may be required by CongoVIP to process Your transactions.
      • 5.3.4 If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CongoVIP reserve the right to collect any outstanding Membership Fees and process any such payment, and/or suspend or cancel your Membership.
    • 5.4 Trial Period
      • 5.4.1 From time to time, CongoVIP may offer paid Membership Packages for free for a limited trial-period (“Trial Period”)
      • 5.4.2 You will be required to complete a Membership Application for the Trial Period.
      • 5.4.3 If You are taking part in any Trial Period offer, you may be required to cancel the Trial Period offer prior to the expiry of the Trial Period, failing which, the Trial Period will automatically be converted a Membership in respect of the Membership Package selected during the Trial Period.
    • 5.5 Price Changes
      • 5.5.1 CongoVIP reserves the right to increase or decrease Membership Fees at any time.
      • 5.5.2 Any increase or decrease to the Membership Fees for subsequent periods of Membership will be notified to all Members in advance.
      • 5.5.3 If You do not agree to the price change, You must cancel your Membership in accordance with the Terms and stop using the Services before the price changes take effect.
    • 5.6 Memebership Upgrades
      • 5.6.1 If, during the course of Your current Membership, You wish to upgrade your Membership to a higher level of Membership or CongoVIP reasonably requests You to upgrade your Membership based on Your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis.
      • 5.6.2 If you do not accept CongoVIP’s request for You to upgrade Your Membership then CongoVIP reserves the right to cancel Your existing Membership with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership period for which you have paid Membership Fees.
    • 5.7 Refund Policy
      • 5.7.1 Unless otherwise provided by law, Membership Fees are non-refundable.
      • 5.7.2 If You believe that CongoVIP has charged You in error, You must contact us within 60 (sixty) days of such charges. No refunds will be given for any charges more than 60 (sixty) days old, unless otherwise required by law.
      • 5.7.3 We reserve the right to issue refunds or credits at our sole discretion, unless otherwise required by law.
      • 5.7.4 If a refund or credit is issued, CongoVIP is under no obligation to issue the same or similar refund or credit in the future.
      • 5.7.5 You agree that You are not entitled to claim any cooling off period or any refund or credit.
      • 5.7.6 This refund policy does not affect any statutory rights that may apply.

     

  • SUPPLY OF SERVICES BY CONGOVIP
    • 6.1 CongoVIP shall supply the Services to the Member in accordance with the Member’s Request, provided that CongoVIP shall not be required to provide or facilitate the the supply of goods and/or services by Partners that it deems at its sole discretion may violate any applicable laws, standards and/or regulations in the relevant jurisdiction.
    • 6.2 CongoVIP shall use its reasonable endeavours to meet any performance dates specified in the Member’s Request, however any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
    • 6.3 CongoVIP shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and CongoVIP shall notify the Member in any such event.
    • 6.4 Services will be provided in English and/or French, and during CongoVIP’s office business hours.
    • 6.5 You acknowledge that CongoVIP reserves the right to accept commissions upon the supply of products or performance of services by any Partner.
    • 6.6 You acknowledge and agree that telephone calls to CongoVIP may be monitored or recorded for training and quality control purposes.
    • 6.7 CongoVIP shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with a Member’s Request and reasonable instructions from time to time.
    • 6.8 If CongoVIP’s performance of any of its obligations under these Terms is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (“Member Default”):
      • 6.8.1 CongoVIP shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays CongoVIP’s performance of any of its obligations;
      • 6.8.2 CongoVIP shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from CongoVIP’s failure or delay to perform any of its obligations as set out in this clause 6.8; and
      • 6.8.3 the Member shall reimburse CongoVIP on written demand for any costs or losses sustained or incurred by CongoVIP arising directly or indirectly from the Member Default.

     

  • REQUESTS
    • 7.1 Members may place and manage Requests by WhatsApp, e-mail or through the Members’ section of the Platform.
    • 7.2 CongoVIP, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
    • 7.3 In the event that CongoVIP is unable or unwilling to deal with any Request, it will inform the Member as soon as reasonably practicable.
    • 7.4 You undertake that all details you provide to CongoVIP for the purpose of booking, ordering or purchasing products and/or services from Partners, are correct, and that you have sufficient funds to cover the cost of the product and/or service purchased from a Partner.
    • 7.5 From time to time, the procurement or provision of certain services, products and/or Benefits may incur a CongoVIP services fee or handling charge (of which you will be notified in advance) and in such event you hereby authorise CongoVIP to debit your billing account with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.

     

  • CANCELLATIONS, REFUNDS AND RETURNS
    • 8.1 The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Member and the relevant Partner and that CongoVIP is not a party to such contract. Cancellation of contracts with Partners should be addressed with the Partner directly and will be subject to the relevant Partner’s policies.
    • 8.2 If a Request for a specific product or service is not available, CongoVIP may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Partner for the unavailable product or service, subject to the relevant Partner’s policies.
    • 8.3 All descriptions of any products, services and/or Benefits on the Platform have been approved by the relevant Partner. CongoVIP shall not be liable for inaccurate or misleading descriptions.
    • 8.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Partner.
    • 8.5 The Member further acknowledges that for goods purchased on his or her behalf by CongoVIP directly from a Partner, returns and exchanges will be subject to the terms and conditions of that Partner and returns or exchange of goods purchased may not always be permitted. In circumstances where CongoVIP is asked to source a specific item for a Member, any refunds, returns and/or exchanges shall be subject to the Partner’s policies in this regard. CongoVIP shall not be liable to the Member where a Partner does not accept the return or exchange of an item.
    • 8.6 It shall be the Member’s sole responsibility to retain all proof of return of goods to a Partner, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
    • 8.7 We will inform you when we become aware that a refund of an order has been processed by a Partner.
    • 8.8 Where orders are delivered outside the Territory, any applicable customs duties and sales taxes shall not be refundable through CongoVIP. It shall be the Member’s sole responsibility to recover such monies. CongoVIP shall have no liability for any items held by any customs or border agency.

     

  • PARTNERS
    • 9.1 Partners are responsible for providing Members with the services, products and/or Benefits that Members Request CongoVIP to order on behalf of such Member from time to time. CongoVIP shall communicate with Partners on the Member’s behalf unless, CongoVIP determines that it is more appropriate for the Member to contact the Partner directly.
    • 9.2 Partners may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Partner to the Member, and such terms and conditions shall be binding upon the Member at the time of order.
    • 9.3 When ordering a product and/or service and/or accessing a Benefit, the Member may be required to provide its payment method details.
    • 9.4 Each Member acknowledges that the Benefits are subject to availability and may change from time to time without notice.

     

  • PARTNER APPLICATIONS
    • 10.1 All Partner Applications are subject to acceptance by CongoVIP at its sole discretion. CongoVIP shall notify applicants in the event that its Partner Application has been accepted. CongoVIP is under no duty to disclose its reasons for rejecting any Partner Application.
    • 10.2 You are obliged to provide correct personal details when submitting the Partner Application. Failure to do so may invalidate your Partnership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify CongoVIP promptly in the event that any information provided by you in connection with your Partnership changes.
    • 10.3 Partnerships are personal to each Partner. Each Partner is responsible for ensuring that no third party uses the Partnership, and You represent that the Benefits are not for resale and You are not acting as an agent for any other third party.
    • 10.4 Access to and use of the Platform is through a combination of username and password. Each Partner is solely responsible for maintaining the confidentiality of the username and password and each Partner agrees to notify CongoVIP immediately if such Partner believes that there has been any breach of security, including the unauthorised use of the username and/or password.
    • 10.5 We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with the Privacy Policy. Please note that all information provided to us is stored on our secure servers and/or on servers supplied to us by a third party service provider which have been engaged by us to provide such services.

     

  • PARTNERSHIP DURATION AND TERMINATION
    • 11.1 Your Partnership shall commence upon the date of acceptance of your Partner Application and shall endure for a period of 12 (twelve) months (“Initial Period”).
    • 11.2 Either You or CongoVIP shall be entitled to terminate the Partnership upon expiry of the Initial Period, on written notice given to the other at least 30 (thirty) days prior to the expiry of the Initial Period.
    • 11.3 In the event that the Partnership is not terminated in accordance with clause 11.2 above, upon expiry of the Initial Period, the Partnership shall continue on a month-to-month basis until either You or CongoVIP terminates the Partnership by providing at least 30 (thirty) days prior written notice of the intention to terminate.
    • 11.4 Upon termination of the Partnership, You will lose access to and use of your account on the Platform.
    • 11.5 CongoVIP reserves the absolute right to suspend or cancel your Partnership where it has reason to do so.
    • 11.6 Any termination by CongoVIP of your Partnership shall be without prejudice to any other remedies that CongoVIP may have against You (including a claim for damages or to claim specific performance) or any other relief in respect of any antecedent breach of the terms of these Terms prior to such termination.

     

  • PARTICIPATION IN THE CONGOVIP REWARDS PROGRAM BY PARTNERS
    • 12.1 These Terms govern your participation in the CongoVIP Rewards Program as a Partner. Any Partner that agrees to participate in the CongoVIP Rewards Program shall be bound by the terms and conditions set out in these Terms.
    • 12.2 The CongoVIP Rewards Program is offered to the Partner by CongoVIP.
    • 12.3 As a Partner, You will provide the Benefits to any Member claiming the reward, provided that they present You with their valid Membership Card.
    • 12.4 Your participation in the CongoVIP Rewards Program is without any fee to be paid by either You or CongoVIP to the other.
    • 12.5 You hereby warrant and undertake that the Benefits provided by You to Members under the CongoVIP Rewards Program shall be exclusive and unique and not otherwise offered to general customers that are not Members.
    • 12.6 You shall ensure that the product and/or service supplied by you as a Partner to Members shall be in good condition, merchantable quality and in compliance with all applicable laws.
    • 12.7 You will be responsible for any bookings, orders, delivery, exchange, return or warranty in relation to the products and/or services supplied by you to Members. CongoVIP hereby expressly disclaims all responsibility or liability for the same.
    • 12.8 You shall be responsible for resolving any customer disputes or potential disputes (if any) with Members in respect of the products and/or services supplied by you.

     

  • MARKETING AND PROMOTION
    • 13.1 Each Partner’s affiliation in the CongoVIP Rewards Program will be advertised by us on the Platform in a manner we deem appropriate to promote the CongoVIP Rewards Program. If you wish to advertise your participation in the CongoVIP Rewards Program in any other way, each Partner agree to obtain our prior consent concerning the manner and content of such advertisement.
    • 13.2 Each Partner hereby grants us a non-exclusive, worldwide, revocable, royalty-free license to use such Partner’s trademarks, logos, branding materials, trade names and domain names so that we can promote the CongoVIP Rewards Program and your participation in it as a Partner.
    • 13.3 You hereby warrant that You are authorised to grant CongoVIP the use of your aforesaid the trademarks, logos, branding materials, trade names and domain names, and the use of such trademarks, logos, branding materials, trade names and domain names shall not infringe the rights of any third party. You hereby indemnify CongoVIP against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred or paid by CongoVIP arising out of or in connection with any claim brought against CongoVIP for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, the receipt, use or supply of such trademarks, logos, branding materials, trade names and domain names.

     

  • DISCLAIMER
    • 14.1 The Platform and Services are provided to You on an “as is” and “as available” basis, and with all faults and defects without warranty of any kind.
    • 14.2 The Platform may be under constant upgrades, and some functions and features may not be fully operational.
    • 14.3 You acknowledge that third party services are available on the Platform. CongoVIP may have formed partnerships or alliances with some of these third parties, including Suppliers, from time to time in order to facilitate the provision of certain services to You. However, You acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to You or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by You or any third party. You hereby disclaim and waive any rights and claims you may have against CongoVIP with respect to third party’s (including Supplier’s) services.
    • 14.4 To the maximum extent permitted under applicable law, neither CongoVIP nor its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, expressly disclaims and negates all warranties, whether express, implied, statutory or otherwise, with respect to the access or use of the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property or other violation of any rights of whatsoever nature or howsoever arising.
    • 14.5 Without limiting the generality of the aforegoing, CongoVIP makes no representations and provides no warranty or guarantee as to the operation or availability of the Platform and/or Services; or that the Platform and/or Services shall be uninterrupted and error-free; or that the Platform is free from any viruses, malware, or any other harmful components, technological or otherwise; or that the device You are utilising to access or use the Platform shall not be harmed in any way whatsoever, including without limitation, its programs, data or any other proprietary material.
    • 14.6 To the extent that Your jurisdiction does not allow for the exclusion of any type of warranties or limitations on applicable statutory rights of a consumer, in such event, the exclusions and limitations contained in these Terms shall be applied to the greatest extent enforceable under such applicable law.
    • 14.7 The Platform is not intended to provide any legal advice, technical advice, business advice, financial advice or any other advice of any kind. You are not authorised to rely on the Platform for such advice and acknowledge that you are acting at your own risk in reliance on the Platform. CongoVIP, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, shall in no way be responsible or liable for any actions, decisions or other behaviour taken or not taken by you in reliance upon the Platform.

     

  • ACCURACY OF INFORMATION POSTED
    • 15.1 The content, material, information, data or otherwise provided on the Platform, and the Platform in general is made available solely for general information purposes.
    • 15.2 The Platform could contain technical, typographical, photographic errors or errors of any other kind. CongoVIP does not warrant the accuracy, currency, completeness or usefulness of the Platform. Any reliance placed on the Platform is solely at Your own risk. CongoVIP expressly disclaims any and all liability arising from any reliance placed on the Platform by You, or by anyone who may be informed of any of the Platform’s contents, or any information provided by any third party.

     

  • LINKS TO THIRD PARTY WEBSITES
    To the extent that the Platform contains links to any third party (including Partner) websites which are not owned or controlled by CongoVIP. In this regard, You acknowledge that CongoVIP has no control over and assumes no responsibility for the content, material, information, data, privacy policies or services of any third party websites. CongoVIP shall not be liable for any loss or damage that may be caused by or in connection with or arising from the access or use of or reliance of any third party website.
  • LIMITATION OF LIABILITY
    • 17.1 To the maximum extent permitted under applicable law, CongoVIP, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise shall not be liable for any loss or damages (including, without limitation, special, incidental or consequential losses, direct or indirect losses, punitive damages, or damages for loss of data or information, loss of goodwill, loss of profit or revenue, due to business interruption, for personal injury, loss of privacy or otherwise) arising out of the subject matter of these Terms, including the access or use of the Platform and/or Services or inability to access or use the Platform and/or Services, whether caused by tort (including negligence), breach of contract, statutory duty or otherwise, whether foreseeable or not, and notwithstanding any notification that may have been provided to CongoVIP of such losses or damages.
    • 17.2 CongoVIP’s total liability to a Member in respect of all other losses arising under or in connection with their Membership, whether caused by tort (including negligence), breach of contract, statutory duty or otherwise, whether foreseeable or not, and notwithstanding any notification that may have been provided to CongoVIP of such losses or damages, shall be limited to the total value of the Member’s Membership Fee for the selected interval period.
    • 17.3 Each Member’s contract for the supply of products and/or services is made with the relevant Partner only. CongoVIP acts as an agent for the Partner and, unless expressly provided otherwise, all of the Member’s rights and remedies are against the Partner.
    • 17.4 Any contract entered into between any Member and Partner is an independent contract. CongoVIP hereby disclaims any and all liability for any act or omission of any Partner and/or Member or any loss incurred by a Partner and/or Member as a result of any act or omission of a Partner and/or Member whether or not arranged through the CongoVIP.
    • 17.5 CongoVIP shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
    • 17.6 CongoVIP shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of CongoVIP’s obligations in relation to the Services, if the delay or failure was due to any cause beyond CongoVIP’s reasonable control.
    • 17.7 Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
    • 17.8 To the extent that Your jurisdiction does not allow for such limitation of liability as contemplated above, in such event, the limitations of liability contained in these Terms shall be applied to the greatest extent enforceable under such applicable law.
    • 17.9 This clause 17 shall survive termination of these Terms.

     

  • INDEMNIFICATION
    You hereby irrevocably and unconditionally indemnify and hold harmless CongoVIP, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, from and against any claims, liabilities, losses, damages, costs, expenses, fees (including attorney fees), judgments, awards, arising out of or relating to or in connection with the subject matter of these Terms, including Your access or use of the Platform and/or Services, as well as any violation of these Terms.
  • INTELLECTUAL PROPERTY RIGHTS
    • 19.1 The Platform (including but not limited to, its content, material, information, data, features, services, functionality, software, text, displays, images, video and audio, designs, ideas, concepts or otherwise), are owned by CongoVIP, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, whether registered or not.
    • 19.2 The CongoVIP name, the term “CongoVIP”, CongoVIP’s logo and all related names, logos, products and service names, designs and slogans are trademarks of CongoVIP or its Affiliates or licensors. You may not use such marks without the prior written permission of CongoVIP. All other names, logos, products and service names, designs and slogans which may appear on the Platform are the trademarks of their respective owners.
    • 19.3 You may, however, use the CongoVIP’s name, the term “CongoVIP”, the CongoVIP’s logo on social media pages, and link to the Platform’s homepage only for the purposes of positive promotion and marketing, provided:
      • 19.3.1 You obtain CongoVIP’s prior written consent to do so;
      • 19.3.2 You do so in a way that is fair and legal and does not damage CongoVIP’s reputation or goodwill or take advantage of it;
      • 19.3.3 You may not establish a link or represent or allow Yourself to be represented in such a way as to suggest any form of association, partnership, approval, employment, agency or endorsement on the part of CongoVIP without the CongoVIP’s prior written consent;
      • 19.3.3 You shall incur no liability of any nature whatsoever for or on behalf of CongoVIP and You shall have no authority to bind CongoVIP by any representations, statements or agreements made or concluded.

     

  • RELATIONSHIP
    These Terms do not create a fiduciary relationship between CongoVIP, Members and/or Partners. The parties act as independent contractors and, save as may be expressly stated to the contrary, nothing contained in these Terms is intended to make any party a general or special agent (unless expressly stipulated), joint venture, partner, or employee of the other for any purpose. No party shall have any authority to bind, make any express or implied agreements, warranties, guarantees or representations or incur any debt or liability in the name of or on behalf of the other or represent that their relationship is other than as independent contractors.
  • GOVERNING LAW, SUBMISSION TO JURISDICTION AND DISPUTE RESOLUTION
    • 21.1 These Terms shall be governed in all respects by and shall be interpreted in accordance with the laws of England and Wales, excluding its conflict of law rules, and You hereby consent and submit to the exclusive jurisdiction of the Courts of England and Wales.
    • 21.2 Your use of the Platform may be subject to other local, state, national, or international laws, and compliance with all applicable laws shall be your sole responsibility.
    • 21.3 Access or use of the Platform may not be legal by certain persons or in certain jurisdictions. If You access or use the Platform from outside of England and Wales, you do so on your own initiative and are solely responsible for compliance with all applicable laws.
    • 21.4 If You have any concern or dispute arising out of these Terms, You agree to first try to resolve the dispute informally by contacting CongoVIP.
    • 21.5 Failing amicable settlement, any and all disputes arising out of or in connection with these Terms (including the validity of these Terms), or the breach, termination or invalidity thereof, which cannot be settled by good faith negotiations between the parties, shall be settled under the exclusive jurisdiction of the Courts of England and Wales.

     

  • ASSIGNMENT AND SUBCONTRACTING
    • 22.1 CongoVIP may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
    • 22.2 You shall not, without the prior written consent of CongoVIP, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms.

     

  • WAIVER AND SEVERABILITY
    • 23.1 No latitude, waiver, extension of time or other indulgence which may be given or allowed by CongoVIP in respect of the performance of any obligation hereunder or the enforcement of any right arising from these Terms and no single or partial exercise of any right shall under any circumstances be construed to be an implied consent or operate as a waiver or a novation, or otherwise affect any of CongoVIP’s rights in terms of or arising from these Terms or estop CongoVIP from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
    • 23.2 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    • 23.3 All provisions and the various clauses of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be changed and interpreted to accomplish the objectives of such provisions to the greatest extent possible under such applicable law and the remaining provisions and clauses of these Terms shall remain of full force and effect.

     

  • ENTIRE AGREEMENT
    The Terms and Privacy Policy and any terms and conditions in respect of any events constitute the sole and entire agreement between You and CongoVIP with respect to the subject matters contained herein, including the Platform and/or the Services, and supersede all prior understandings, agreements, arrangements, representations and warranties, both written and oral, with respect to the subject matters contained herein, including the Platform and/or Services.
  • CHANGES AND MODIFICATIONS TO THESE TERMS
    • 25.1 CongoVIP reserves the right (but shall not be obliged), at its sole discretion, to modify, change or replace these Terms and any content contained on the Platform at any time.
    • 25.2 Your continued access or use of the Platform following any revision to the Terms or the Platform shall be deemed to be your acceptance of such revised Terms, as may be amended or revised, and You agree to be bound by such revised Terms.