Conditions of Use of the Nzara Site

Updated on 13.02.2023.

Preamble

1. These general conditions of use govern all relations between the https://nzara.net site published by SYSTID, whose identity and contact details are specified in the " legal notices " section, and the Internet user. .

2. Any Internet user who wishes to use the https://nzara.net site is deemed to have read these general conditions of use.

3. These general conditions of use are not general conditions of sale or general conditions of provision of services.

4. They are intended to constitute the rule that must be respected by any Internet user visiting the site https://nzara.net .

5. All Internet users are required at each visit to take note of any changes to these, SYSTID reserves the right to modify them at any time.

1. Definitions

6. The terms defined below shall have the following meaning between the Parties:

• “Internet”: network of networks allowing the exchange of information using a protocol called TCP/IP. The data is routed through networks of a different nature which are capable of reading the messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a bilateral obligation of quality;
• “Internet user”: any person accessing and implementing the functionalities of this Site;
• “Parties”: designates in the singular without distinction SYSTID or the Internet user, and in the plural SYSTID and the Internet user together;
• “Regulations relating to the protection of personal data”:
• Law No. 2019-014 of October 29, 2019 relating to the Protection of Personal Data and its updates or modifications;
• Law No. 2012-18 on electronic communications of December 12, 2012 as amended and its updates or modifications:
• Law No. 2016-006 on freedom of access to public information and documentation of March 30, 2016 and its updates or modifications;
• the orientation law n°2017-006 on the information society in Togo of June 22, 2017 and its updates or modifications; And
• Law No. 2018-026 on cybersecurity and the fight against cybercrime of December 7, 2018 and its updates or modifications.
• Site: website published by SYSTID, accessible at the url https://nzara.net .

2. Object and description

7. The purpose of these presents is to set the conditions of use of the Site and all the pages of the Site.

8. This Site is a portal site which allows Internet users to:

• learn more about the signs of companies operating in the agricultural and agri-food sectors, their stores, their activities, their products, their promotions and their services;
• discover their sites, in particular those of e-commerce and to buy products and services online via e-commerce sites;
• have access to practical local services.

9. Insofar as it is not a merchant site, there are neither general conditions of sale nor mentions relating to the security of payment methods. If the Internet user wishes to use a merchant site to which the Site refers, he is invited to consult the general conditions of sale and the information relating to the security of payment methods directly on these sites.

3. Entry into force - Duration

10. These general conditions of use come into force on the date they are put online and will be enforceable on the date of the first use of the Site by the Internet user.

11. These general conditions of use are enforceable throughout the duration of use of the Site and until new general conditions of use replace these.

12. The Internet user may at any time renounce using the Site but remains responsible for any previous use.

4. Access to the Site

4.1 General access

13. Access to the Site is free. It is in principle accessible 24 hours a day, 7 days a week.

14. SYSTID strives to provide quality access and to enable Internet users to use the means of communication made available to them under the best possible conditions.

15. Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data, SYSTID makes its best efforts, in accordance to the rules of the art, to allow access and use of the Site. SYSTID cannot in fact guarantee absolute accessibility or availability of the Site.

16. However, SYSTID reserves the right, without notice or compensation, to temporarily or permanently close the Site, in particular to perform updates, maintenance operations, modifications or changes to operational methods and servers, without this list is not exhaustive.

17. SYSTID is not liable for damages of any kind that may result from these changes or from temporary unavailability or even from the permanent closure of all or part of the Site or the services associated with it.

18. SYSTID reserves the right to supplement or modify, at any time, the Site and the services that are available there according to the evolution of technologies.

19. It is up to the Internet user to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the Site.

4.2 Creating an account

20. Access to certain sections of the Portal Site may require the creation of an account by the Internet user and/or the attachment of the Nzara loyalty card belonging to the Internet user.

21. The Internet user agrees not to create an account under the identity of a third party. He is solely responsible for the confidentiality of his identifiers (username and password) allowing him to use his account. Any use of his account by means of his personal identifier and password is presumed to have been made by the Internet user or a third party authorized by the Internet user, until his account is deactivated.

22. The Internet user's account identifiers can be used to access services, including those offered via the websites or mobile applications of companies or other Nzara partner entities.

23. The Internet user undertakes to provide accurate information, in particular when creating his account, and to update it regularly via the "my account" section.

24. In the event of non-compliance with the general conditions of use of the site, SYSTID reserves the right to deactivate, as of right and without compensation, the Internet user's account without having to give notice, after sending an e-mail or a registered letter with request for acknowledgment of receipt of formal notice, which has had no effect for more than 30 days.

25. In the event of a manifest and significant breach and/or fraud on the part of the Internet user, the deactivation of the account will take place automatically, without notice, without formality and without compensation.

5. Advertising and promotion on the site

26. SYSTID reserves the right to distribute, free of charge or for a fee, advertising or promotional messages on its site.

6. Hypertext links

27. SYSTID reserves the right to set up hyperlinks on its Site giving access to web pages other than those of its Site over which SYSTID has no control.

28. SYSTID declines all responsibility for the conditions of access to these sites, their operation, their use of the personal data of Internet users and for the content of the information provided on these sites under the activation of the hyperlinks.

29. The Internet user who has a website for personal use and wishes to place, for personal purposes, on his site a simple link leading directly to the home page of the Site, must obtain the express authorization of SYSTID to establish this link.

30. Under no circumstances may this authorization be qualified as an implicit affiliation agreement.

31. In any event, hypertext links to the Site without SYSTID's authorization must be removed at SYSTID's first request.

7. Personal data

32. In accordance with the Regulations relating to the protection of personal data, the Internet user is informed that SYSTID, as data controller, implements the processing of personal data.

33. To find out more about this processing of personal data and the extent of their rights, Internet users are invited to refer to the External policy for the protection of personal data, accessible at the address https:// nzara .net/articles/politique-generale-protection-donnees-personnelles .

8.Cookies

34. To allow Internet users to benefit from the services offered by the Site such as its consultation, the optimization of its use or its personalization according to the Internet user, the Site uses Cookies. To find out about our cookie policy , Internet users are invited to click on this link https://nzara.net/Politiquecookiesetautrestraceurs .

9. Liability of SYSTID

9.1 General liability

35. SYSTID cannot be held liable:

• the quality of the Site, the Site being offered "as is";
• disruption of use of the Site;
• the inability to use the Site;
• breaches of computer security, which may cause damage to Internet users' computer equipment and their data;
• the infringement of the rights of Internet users in general.

9.2 Responsibility with regard to the information present on the Site

36. SYSTID cannot be held liable for any direct or indirect damage that may result from access to or use of the Site or the information contained therein, whatever the nature thereof.

37. SYSTID makes its best efforts to provide up-to-date information on its Site. All information brought to the attention of persons accessing the Site has been selected on a specific date.

38. The information appearing on the Site reflects an opinion at the time of its creation and not at the time of the consultation of the Site. They may require an update which may not have taken place on the date of their consultation for technical or non-technical reasons.

39. SYSTID cannot be held responsible for any errors or omissions. Any update, new service or new feature that improves or increases one or more existing information contents will be subject to these conditions.

40. SYSTID declines all responsibility concerning the appropriateness of the decisions and the methods of their execution taken by the Internet users on the sole faith of the information published on the Site.

10. Obligations of the Internet user

41. The Internet user undertakes to use the Site as well as all the information to which he may have access only to obtain information and for a purpose consistent with public order, good morals and the rights of third parties. .

42. Thus, it is forbidden to publish or transmit via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity in particular. In the event that SYSTID is informed of the presence of illegal content on the Site, SYSTID would be entitled to immediately remove the content.

43. The Internet user also undertakes not to disturb the use that other Internet users may make of this Site and not to access parts of the Site to which access is restricted.

11. Intellectual Property

44. The content of the Site, the general structure as well as the software, texts, images, whether animated or not, photographs, its know-how and all the other elements making up the Site are the exclusive property of SYSTID or third parties who have granted it license. Licence.

45. These general conditions of use do not imply any transfer of any kind of intellectual property right on the elements belonging to SYSTID or on the elements of the partners or third parties who have granted it a license, such as sounds, photographs , images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.

46. In particular, the Internet user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Site, or the computer codes of the elements making up the Site.

47. Any reproduction and/or representation, total or partial, of one of these rights, without the express authorization of SYSTID, is prohibited and would constitute an infringement liable to engage the civil and criminal liability of the infringer.

48. Consequently, the Internet user refrains from any action and any act likely to infringe, directly or indirectly, the intellectual property rights of SYSTID.

49. The same applies to the databases appearing, where applicable, on the Site which are protected by the articles of the Bangui Agreement of March 2, 1977 establishing the African Intellectual Property Organization (OAPl), as amended, its updates and modifications. Any extraction or reuse, total or partial, of said databases and their content is thus prohibited without the express prior authorization of SYSTID.

50. The distinctive signs of SYSTID and its partners, such as domain names, trademarks, denominations as well as the logos appearing on the Site are protected by the Bangui Agreement of March 2, 1977 establishing the African Property Organization Modified Intellectual Property (OAPl), its updates and modifications. Any total or partial reproduction of these distinctive signs made from elements of the Site without the express authorization of SYSTID is therefore prohibited, within the meaning of the Bangui Agreement of March 2, 1977 establishing the African Intellectual Property Organization (OAPl) as amended , its updates and modifications.

51. Only use in accordance with the intended purpose of the Site is authorized.

52. Any other use, not expressly authorized in writing and in advance by SYSTID, is prohibited and constitutes an infringement.

12. Tolerance

53. The Parties mutually agree that the fact that one of the Parties tolerates a situation, regardless of its frequency and duration, does not have the effect of granting the other Party acquired rights. , or modify these Terms of Use.

54. Moreover, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.

13. Titles

55. In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

14. Nullity

56. If one or more stipulations of these general conditions of use are held to be invalid or declared as such under the application of a law, a regulation or following a decision passed into the force of res judicata by a competent jurisdiction, the other stipulations will retain all their force and scope.

15. Domiciliation

57. For the execution of this agreement and except for specific provisions, the Internet user agrees to send all correspondence to the head office of SYSTID.

16. Applicable law

58. These general conditions of use of the Site are governed by Togolese law.

59. This is the case for the rules of substance and the rules of form, notwithstanding the places of performance of the substantial or accessory obligations.

17. Jurisdiction

60. IN THE EVENT OF A DISPUTE ON THE OCCASION OF THE INTERPRETATION OR EXECUTION OF THESE GENERAL CONDITIONS, THE COMPETENT JURISDICTION WILL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF COMMON LAW.