General terms and conditions
PREAMBLE
The AfriqMarket website, hereinafter referred to as "AfriqMarket", is a website dedicated to putting private individuals and/or professionals in contact with other professionals by offering several sections to obtain information and a qualified directory of service providers, to facilitate the choice of customers, partners or suppliers, as well as the sale of their products or services.
AfriqMarket also allows users to request quotes or support for services in the following areas: building work, personal services, insurance and finance and business services.
ARTICLE 1: DEFINITIONS
- "AfriqMarket": company owning the AfriqMarket website.
- "Customer": any individual or legal entity initiating a request for a quote.
- "Partner": any natural or legal person using the AfriqMarket site to consult or withdraw quote requests.
- "User": means any person accessing or connecting to AfriqMarket, including robots.
- "Site": means the AfriqMarket website, accessible via the url "www.afriqmarket.com" or any other url offering our services.
- "Robot": means any device, whether software or not, automatic or semi-automatic, performing tasks, simulating human reactions, interacting with servers or not, and which is not a natural or legal person.
- "Registration": refers to the action or process of the user to open a personal account.
ARTICLE 2: PURPOSE
The purpose of these terms and conditions is to define the terms and conditions under which AfriqMarket makes AfriqMarket available to users and the conditions under which users access and use this website.
Any connection to the www.AfriqMarket.com site is subject to compliance with and unreserved acceptance of the general conditions of use, which AfriqMarket reserves the right to modify or update at any time.
Registration and use of www.AfriqMarket.com by the user requires full acceptance of these conditions.
Registration and/or use of AfriqMarket services by robots is prohibited; connection to the site by robots is authorised only for referencing or indexing AfriqMarket URLs referred to as public. Consequently, the robot's rightful owners, i.e. all natural or legal persons, who are at the origin of the robot's execution or commissioning, are legally responsible and assume all consequences arising from the robot's execution.
Registration and use of the services are reserved for persons who are at least 18 years of age and legally capable of entering into contracts under French law. Consequently, any use of AfriqMarket's services by the user, respecting and accepting without reservation or otherwise, in breach of these general conditions of use, engages his/her responsibility and will recognise or be recognised as legally capable and will assume the consequences resulting therefrom.
Any breach of these contractual clauses, as well as any infringement of the general terms and conditions, will result in the user's liability and permanent exclusion from the "www.AfriqMarket.com" site without prior notice and at AfriqMarket's initiative.
The user has taken cognizance of all the services offered by AfriqMarket on its AfriqMarket site, and acknowledges having received all the information necessary to enable him/her to understand all of AfriqMarket's offers and the consequences thereof.
The user has been informed that the service(s) he proposes to use must be in direct accordance with his legal status or professional activity.
No general or specific condition appearing in the documents sent or handed over by the parties may be substituted for or added to these conditions of use.
ARTICLE 3: ACCESS TO THE SITE
AfriqMarket endeavours to keep the site accessible without interruption every day of the week or month, but is under no obligation to do so, in particular due to breakdowns and maintenance operations.
It should be noted, however, that access to the site may be interrupted for maintenance, updating or any other reason, particularly of a technical nature. AfriqMarket cannot be held responsible for these interruptions or for any consequences they may have for the user.
The communication protocols used are those in use on the Internet.
ARTICLE 4: SERVICES OFFERED AND PROVIDED BY AFRIQMARKET
AfriqMarket offers users the option of opening two accounts, with no subscription or membership fees and for an unlimited period of time:
- An account for individuals and businesses reserved exclusively for requests for quotes.
- A "partner" account for companies and professionals, enabling them to submit a request for a quote, be listed in a directory, respond to requests for quotes and provide the contact details of the principal.
AfriqMarket offers the following services:
- Find professionals and businesses able to offer quotes and carry out projects for individuals and businesses in the following areas: personal services, building work, insurance and finance, business services.
- Order a quote for services offered by communes, départements or regions.
- Get companies and professionals to respond to requests for quotes.
- Become a preferred member by opening a partner account reserved for companies and accessible 24/7. Preferred partners are responsible for choosing their criteria, in particular selecting their geographical area and sector of activity, as well as the number of ads they receive per day.
- Provide a list of quote requests and put you in touch with the AfriqMarket advisor.
- Receive email alerts of adverts that correspond to the services requested.
AfriqMarket also undertakes to :
- Provide the user with confidential identifiers allowing him/her to access his/her member account on AfriqMarket.
- Provide a response to a request for a quote within 48 hours.
- Provide up to 3 responses to a request for a quote. However, users may renew their request for a quote and request a higher number of responses.
ARTICLE 5: COMMITMENT OF THE PARTNER
The partner undertakes to :
- Be registered with the Registre du Commerce or the Chambre des métiers and produce a Kbis extract.
- Be up to date and provide civil and professional liability insurance.
- Draw up a free estimate that complies with the regulations before any service is provided.
- Draw up an invoice in line with the estimate, with any overruns accepted by the customer.
- Carry out the work in accordance with the rules of the trade, on the agreed dates and by the agreed deadlines.
- Comply with current industry standards.
- To provide the best possible service to the client and meet its commitments to deliver a quality service.
- Provide true, correct and complete information when subscribing. If this information changes, the partner must inform AfriqMarket immediately. In the event that incorrect information is used to create an account, AfriqMarket reserves the right to delete the partner's unwanted account without prior notice.
- That the content of the comments made on AfriqMarket complies with the laws and regulations in force. It is reminded that only the user is responsible for the content he/she posts on the Internet, and under no circumstances shall AfriqMarket be considered responsible for the user's content.
- Inform AfriqMarket without delay of any change in its situation, activity or needs.
- Not to infringe AfriqMarket's intellectual property rights on www.afriqmarket.com.
The partner account will only be approved once the signed "NAME OF DOCUMENT" document and the Kbis extract have been received and verified.
ARTICLE 6: COMMITMENT OF THE PRINCIPAL
The client undertakes to :
- Make a request for a quote that corresponds to a real need and is neither misleading nor abusive.
- Keep confidential any information to which it has had access on AfriqMarket.
- Not to use the information for purposes contrary to the law, custom or good morals.
By requesting a quote, the client undertakes to be loyal both to AfriqMarket and to the professionals who respond to requests for quotes, and guarantees that the service requested is genuine.
The client shall not initiate a request for a quotation for services other than those offered by www.AfriqMarket.com.
ARTICLE 7: USE OF LOGINS AND PASSWORDS
In order to use the services offered by www.AfriqMarket.com, the user may identify himself by indicating his e-mail address and password, which are personal and confidential. The user is solely responsible for keeping and using them. Any use of passwords and identifiers is the sole responsibility of the user.
It is expressly agreed that any connection to the service or transmission of data using the user's password or identifier will be deemed to have been made by the user him/herself or by authorised persons.
AfriqMarket declines all responsibility in the event of modification of the data and information on replies to requests for quotes by a third party who has obtained the confidential codes or identifier in any way whatsoever.
In the event of loss or theft or disclosure to unauthorised persons of the user's password or identifier, the user must immediately inform AfriqMarket electronically.
AfriqMarket will then make access to AfriqMarket impossible as of receipt of the notification and, in any event, within a period not exceeding two days.
Users may modify their contact details or other personal information either by sending an email using the contact form accessible on [www.afriqmarket.com/contactYou can do this either by clicking on "My Account" on the site.
ARTICLE 9: DURATION OF A REQUEST FOR QUOTATION
The duration of a quote request may not exceed one month. At the end of this period, the user may renew the quotation.
ARTICLE 10: FORCE MAJEURE
Use of the site will be suspended in the event of force majeure.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, whether internal or external to the company, lock-outs, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, telecommunications blockages, including PTT networks, and any other event beyond the express control of the parties preventing normal use of the site.
ARTICLE 11: TERMINATION OF ACCOUNT
In addition to the sanctions listed in Article 2 for breaches of the general terms and conditions of use, AfriqMarket may also automatically refuse access to the site, without prejudice to compensation, to any user who has committed an act of :
- Piracy.
- Use or attempted use for illicit purposes of information originating from the www.afriqmarket.com website.
Users may also cancel their account at any time.
ARTICLE 12: PRICING
Use of the "Request a quote" option, subject to the prior condition of opening an account, is free of charge for any natural or legal person; the same applies to the directory of professionals and telephone assistance provided by AfriqMarket services.
Robots are only authorised for referencing or indexing.
AfriqMarket's remuneration comes from the purchase of AfriqMarket credit packs by the service's partner companies; these credits enable them to be put in contact with AfriqMarket members requesting quotes.
One credit unit corresponds to the sum of €1 including VAT.
Credits purchased are valid for one year and are non-refundable.
Under no circumstances may the purchase of a response to a request for a quotation be subject to withdrawal.
Responding to a request for a quote involves :
- Obtain the contact details of the principal.
- Draw up a quote for the user's request.
AfriqMarket shall be remunerated by means of payment instruments such as PayPal.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
This entire site is subject to French and international legislation on copyright and intellectual property.
The content (in particular data, soundtracks, information, illustrations, logos, trademarks, etc.) that appear or are available on the www.afriqmarket.com website are protected by copyright and other intellectual property rights, and are the exclusive property of AfriqMarket.
Any representation and/or reproduction and/or use of all or part of this site, including downloadable documents and iconographic and photographic representations, by any process whatsoever, without the express prior authorisation of AfriqMarket is prohibited and constitutes an infringement within the meaning of Articles L 335-2 et seq. of the French Intellectual Property Code.
As an exception to the above provisions, and particularly for educational purposes, the reproduction of texts from this site on paper is authorised, subject to compliance with the following three conditions: distribution free of charge, respect for the integrity of the documents reproduced: no modifications or alterations of any kind, respect for copyright, clear and legible citation of the source mentioning the website address. The logos are registered trademarks.
Any representation and/or reproduction and/or partial or total use of these trademarks is therefore prohibited without the prior written consent of AfriqMarket. AfriqMarket cannot be held responsible for hypertext links within the site to other sites and/or personal pages and, in general, to all existing resources on the Internet. The capture of nominative information to enrich databases, for example for commercial or advertising purposes, is prohibited.
The user is formally prohibited from passing on to anyone else all or part of the services offered by www.afriqmarket.com.
The elements presented on this site are subject to change without notice and are made available without any guarantee of any kind, either express or tacit, and may not give rise to any right to compensation.
Under the terms of article L.335-2 of the French Intellectual Property Code, infringement of one of the copyrights in the work is an offence punishable by 2 years' imprisonment and a fine of €152,450.
ARTICLE 14: USE OF DOCUMENTS
None of the documents from the www.afriqmarket.com site may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any way whatsoever, except in the case of simple recording of the documents on a micro-computer for personal use and for non-commercial purposes. The user must therefore keep all proprietary notices intact. Altering or modifying these documents or using them for any other purpose constitutes an infringement of the property rights of AfriqMarket or third parties.
ARTICLE 15: E-MAILS
To correspond with AfriqMarket by e-mail, the user must complete the form below. contact form.
AfriqMarket's responses to e-mails shall not be considered as or constitute proof of the exercise of an advertising, promotional or commercial activity on the territory of the country to which the responses are sent.
ARTICLE 16: PROTECTION AND PROCESSING OF PERSONAL DATA
The AfriqMarket team is particularly attentive to the legal obligations of any website publisher and follows the recommendations of the French Data Protection Authority (CNIL).
ARTICLE 17: COMPLIANCE WITH APPLICABLE LAWS
The www.afriqmarket.com website respects users' privacy and complies strictly with current laws on the protection of privacy and individual liberties.
As such, no personal information is collected without your knowledge, nor is it passed on to third parties unless such disclosure is required by law or is part of an investigation or a judicial or administrative procedure.
E-mails, electronic addresses or other nominative information received by this site are stored in a safe place, are accessible only by designated staff or authorised representatives, and are used exclusively for the purposes of certain services on this site. They are not used in any way and are only kept for the time required to process them.
However, www.afriqmarket.com may use the information communicated by users, for example, to provide a service or to inform users about new programmes or new features of the site. All lists used are established and managed under strict conditions designed to guarantee the security and confidentiality of personal information. Users may at any time request a copy of their personal information and ask for it to be corrected or removed from the database.
ARTICLE 18: RIGHT OF ACCESS AND RECTIFICATION
In accordance with current legislation, customers have the right to access, modify, rectify and delete any personal data concerning them. Users can exercise their right to access, modify and rectify data by going to the "My Account" section of the site.
The user may exercise his right of deletion by sending us his request by e-mail or in writing to the following address: AfriqMarket - 24 RUE LAMARTINE 38320 EYBENS, FRANCE.
AfriqMarket and AfriqMarket also undertake to take all necessary precautions to protect the personal data processed by its services, and in particular to prevent such data from being distorted, damaged or communicated to unauthorised third parties.
ARTICLE 19: CNIL DECLARATION
The www.afriqmarket.com website has been registered with the Commission Nationale de l'Informatique et des Libertés (CNIL), the French Data Protection Authority, and this registration is recorded under registration receipt no. 1158411.
ARTICLE 20: COOKIES POLICY
When browsing the site, users leave computer traces. This information is collected using a connection cookie, which does not contain any personal information.
In order to improve ergonomics, navigation within the site, editorial content and service to users, the statistics management tool on the www.afriqmarket.com site stores information relating to user profiles: equipment, browser used, geographical origin of requests, date and time of connection, site navigation, frequency of visits, etc. This connection data is used to extract statistics and is kept for one year.
Users have the option of refusing the recording of this data by modifying the configuration of their computer's browser, which may or may not authorise the recording of cookies. It is possible to refuse or delete cookies without affecting access to the site's pages. To prevent cookies from being saved or to be warned before accepting cookies, AfriqMarket recommends reading the following section. section dedicated to cookies.
AfriqMarket and AfriqMarket make no commitment concerning any other site to which the user may have access via this website, it being expressly recalled that a link to such a site in no way implies that AfriqMarket assumes any responsibility for the content or use that may be made of such a site, AfriqMarket exercising no control over third-party sites.
ARTICLE 21: LIMITATION OF LIABILITY
AfriqMarket undertakes to take all reasonable care to ensure that the AfriqMarket site functions properly.
It is expressly agreed that AfriqMarket is subject to an obligation of means in the context of the use of its site.
Likewise, AfriqMarket cannot be held responsible if the client cannot be contacted due to incorrect contact details.
AfriqMarket shall also not be held liable in the event of no response or a low response rate to a request for a quote initiated by the client.
Under no circumstances shall AfriqMarket be liable for damages deemed by express agreement to be indirect, such as commercial prejudice, loss of customers, loss of profits, commercial prejudice, loss of orders, any commercial disturbance whatsoever, or loss of brand image suffered by the user.
Any action brought against the user by a third party is treated as indirect damage and therefore does not give rise to a right to compensation.
AfriqMarket shall under no circumstances be liable if the partner that submitted an offer is not selected by the client.
Likewise, it cannot be held liable for any harm resulting for users or third parties from failure to comply with these general terms and conditions.
AfriqMarket does not intervene in the negotiations that may result from the request for quotation between the principal and the partner, and is therefore not liable for any disputes that may arise between them in the negotiations and contracts resulting from the request for quotation.
The user is solely responsible for any direct or indirect, material or immaterial damage caused by him/herself or one of his/her employees to AfriqMarket or to third parties or other users as a result of using AfriqMarket. The user may be ordered to pay compensation to AfriqMarket for the damage caused.
AfriqMarket may not be held liable in the event of legal proceedings against its user as a result of the use of AfriqMarket.
AfriqMarket shall under no circumstances be liable for the misuse or unauthorized use of the user's ID or password. In the event that AfriqMarket is held liable for any reason whatsoever, the compensation or damages that AfriqMarket may be required to pay shall not exceed the amount of the right of use paid by the user for the transaction in question.
AfriqMarket shall in no event be liable for any erroneous and/or misleading information or statements of any nature whatsoever that may be transmitted to it by its users or that users may enter directly on the www.afriqmarket.com site, or for any damage caused by the use of such information.
The documents and information published on AfriqMarket are provided "as is" without any express or tacit guarantee of any kind. AfriqMarket reserves the right to modify or correct the content of its site at any time, without prior notice. AfriqMarket may not be held liable in the event of contamination of users' computer equipment resulting from the propagation of a virus or other computer infection. It is the responsibility of users of this site to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
Under no circumstances may AfriqMarket, its employees, its suppliers or the partners mentioned on its site be held liable, under an action for contractual liability, tort liability or any other action, for any direct or indirect damage, incident or accessory, or of any nature whatsoever or for any prejudice, in particular of a financial or commercial nature, resulting from the use of its site or from any information obtained from its site.
AfriqMarket may contain simple or deep links to partner sites of AfriqMarket or third parties. AfriqMarket has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content, advertising, products and/or services available on or from these sites.
Accordingly, AfriqMarket shall not be liable for any direct or indirect damage that may occur as a result of the user's access to or use of the partner's site, failure to comply with the content and services, any regulations or any infringement of the rights of third parties.
AfriqMarket accepts no responsibility for the information, materials or software on sites linked to AfriqMarket by hypertext links.
ARTICLE 22: USE OF THE FRENCH LANGUAGE, VALIDITY AND FREE DISTRIBUTION OF INFORMATION
In compliance with the legal framework of the circular of 7 October 1999 relating to public websites of public services and establishments, AfriqMarket clearly displays on each page the origin of the information disseminated as well as the date of the last update of the pages. A special effort is made to explain the acronyms used and to limit their use as far as possible.
ARTICLE 23: SITE ACCESSIBILITY
Particular care is taken to make AfriqMarket as accessible as possible, especially for the visually impaired. The pages are progressively being brought into line with the recommendations of the Common Accessibility Criteria for French Government Internet Services, in order to comply with Law 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship for people with disabilities.
ARTICLE 24: JURISDICTION AND APPLICABLE LAW
Any dispute relating to the site or this legal notice brought before a court will be governed by French law.
In the absence of an amicable agreement between the parties to the dispute concerning the interpretation or performance of these general terms and conditions of use, any dispute will be brought before the Paris courts.
Use of AfriqMarket signifies express agreement to the application of this jurisdictional clause. If any provision of this legal notice is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this legal notice and shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 25: ELECTRONIC SIGNATURE
The validation of information or a service by "simple or double click" by the user constitutes an electronic signature which has the same value between the parties as a handwritten signature.
ARTICLE 26: RISKS OF INTRUSION
AfriqMarket undertakes to make every effort to implement procedures to limit the risks of intrusion, hacking, or the insertion of viruses on its server and/or on AfriqMarket, and to secure the content of AfriqMarket as much as possible, particularly in terms of confidentiality and integrity.
In this context, AfriqMarket undertakes to implement high-performance technical means to avoid any risk of fraudulent intrusion into AfriqMarket.
However, it is clearly understood that AfriqMarket cannot commit to an absolute guarantee, insofar as the Internet is an open network, sensitive by nature to such risks, and the parties to the transaction declare that they are aware of these risks and accept them.
ARTICLE 27: INTERNET USAGE RULES
The user declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that AfriqMarket assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may transit via its server centre.
The user acknowledges that data circulating on the Internet is not protected, in particular against possible misappropriation. The presence of the logo establishes a simple presumption of validity. The communication of any information deemed by the user to be of a sensitive or confidential nature is at the user's own risk.
The user acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights.
Users are solely responsible for the use of the data they consult, query and transfer on the Internet.
The user acknowledges that AfriqMarket has no means of controlling the content of the services accessible on the Internet.
AfriqMarket may modify its service as of right without any other formality than to include these modifications in the online general terms and conditions. The user expressly acknowledges AfriqMarket's right to modify the service in terms of structure, the presentation of the www.afriqmarket.com site, and the addition of new features or services.
The user declares that he/she is aware of the unreliability of the Internet network, particularly in terms of :
- Relative security of data transmission.
- Continuity of service access not guaranteed.
- Performance not guaranteed in terms of volume and speed of data transmission.
It is the user's responsibility to define and implement the technical means that he/she deems most appropriate to preserve the integrity, authentication and confidentiality of the information, files and data of any kind that he/she wishes to place on the Internet, in compliance with the applicable regulations and in particular with regard to the confidentiality of correspondence and encryption.
The user undertakes not to transmit over the Internet any data that is prohibited, illicit, illegal or likely to :
- To constitute an abuse of rights.
- be contrary to public policy and/or public decency.
- Be used to exert a threat or pressure of any nature, form or object whatsoever.
- contravene or contradict any intellectual or industrial property right or copyright.
- Have been obtained or used as a result of a contravention, crime or misdemeanour.
ARTICLE 28: LIABILITY OF THE PUBLISHER
The information and/or documents appearing on this site and/or accessible via this site come from sources considered to be reliable.
However, such information and/or documents may contain technical inaccuracies and typographical errors.
AfriqMarket reserves the right to correct errors as soon as they are brought to its attention.
We strongly recommend that you check the accuracy and relevance of the information and/or documents made available on this site.
The information and/or documents available on this site may be modified at any time and may have been updated. In particular, they may have been updated between the time they were downloaded and the time the user became aware of them.
The use of the information and/or documents available on this site is the sole responsibility of the user, who assumes all consequences that may arise, without AfriqMarket being able to be sued for this, and without recourse against the latter.
AfriqMarket shall in no event be held liable for any damages whatsoever resulting from the interpretation or use of the information and/or documents available on this site.
ARTICLE 29: MISCELLANEOUS PROVISIONS
These conditions of use may not be transferred in whole or in part, whether in return for payment or free of charge.
If any provision of these general terms and conditions of use is invalid, it will be deemed unwritten and will not invalidate the other provisions.
In the event of difficulties of interpretation between the titles and the clauses, the clauses shall prevail over the titles.
The waiver of a breach by one of the parties must be express.
The parties elect domicile at their registered office.
To be valid, all notifications must be made to the registered address.
ARTICLE 30: BLOCTEL
The new Do Not Call List from 1 June 2016.
Canvassing will continue to be authorised in the following situations:
"in the event of a pre-existing contractual relationship (for example, your bank may continue to call you to make offers) for the supply of newspapers, periodicals or magazines from polling institutes or non-profit-making associations, provided that this does not involve commercial canvassing.
However, by accepting these general conditions of use, you agree to be called by our services in order to check the information in your quote request and you also agree that our partners may call you back to offer you a quote.
If you have registered your number on the BLOCTEL opposition list, you waive your right to object so that we can contact you.
ARTICLE 31: LEGAL INFORMATION
This website www.afriqmarket.com is the property of SENMARKETING DIGITAL, registered under Siret number: 797 737 004 00029.
HEAD OFFICE: 24 RUE LAMARTINE 38320 EYBENS, FRANCE