Terms and conditions

Terms and conditions

The goal of emywork is to promote the economic development of companies, traders and craftsmen, mainly trade between Morocco, Africa and the rest of the world, in order to increase the business relations of its members in Morocco and abroad. the stranger.

The main activities of the company are:

• Assist in the development of trade relations between African and Moroccan companies and the rest of the world

• Economic development of Moroccan companies, traders and craftsmen from all over the world and from African countries

• Establish a network between companies

• Organize meetings and forums to promote meetings between companies

• Meetings between the company and job seekers

emywork.com is the leading business network platform in Africa. emywork.com allows suppliers, offshore companies, small or medium enterprises, to contact their potential customers from the African continent and other regions of the world.

It allows you to find exclusive offers, experts and sales representatives, and request solutions, quotes or partnerships.

It is a real platform for companies from Africa, Europe, Asia, America and Oceania who want to promote their businesses.

The objective is that African companies, businessmen and economic operators can have access to multimedia means and new technologies to establish business relations. Thus, emywork.com provides a real promotional tool.

Raw materials, semi-finished products, finished products, services and know-how from the African continent. Trade and economic relations between Africa and other continents must be a win-win relationship.

Emywork is the only platform dedicated exclusively to building business relationships between Africa and the rest of the world.

  • Product Section

Use this store to promote your business and products on the African continent.

www.emywork.com also allows you to find: exclusive distributors, sales representatives, sales agents and suppliers in all countries/regions of Africa.

  • Service Section

These services are provided on emywork, which can be fixed price, hourly price or price per item.

  • Request Section

Customers will be able to find suppliers, distributors, wholesalers or manufacturers and request prices, quotes.

Use the emywork platform to find products, Services and business partners. Find suppliers and customers.

  • Offer quotes
  • Shout Your Shop
  • Improve the visibility of the company and its products

The benefits of our network of shouting business relationships

This page presents the conditions of use of the website  www.emywork.com  , as well as the services we offer.

  1. General Aspects of These Terms of Use
    • All services contracted through this website are subject to the general conditions agreed between the service provider and the customer concerned. As emywork is not a party or participant in this agreement, it is likely that the service contract will have its own specific terms. However, you should be aware that any service contract entered into is binding only on the parties and not the company. Any claim or question arising from or relating to the performance of the contract between service provider and client will not affect emywork, without prejudice to the right to mediate in disputes between the two, as set out in these terms and conditions.
    • Among the services we offer to Providers and customers are the provision of a personal web space from which it is possible to advertise and offer or request services or products; in addition to the foregoing, we may provide a forum for uploading or posting content, as well as sending newsletters and other communications of an advertising or informational nature. In order to register you as a service provider, we need to know certain things about you. For more details, please see our personal data collection and processing practices in our Privacy Statement*.
  1. Scope of Use:  The Website and our Services are intended for business, commercial and profit-making use by the parties, including emywork, unless otherwise specified in writing.

You may access the Website only through our application, the standard website, mobile browsers and other similar consumer applications, but not through any robot, spider, offline reader, automatic search/retrieval application or other automatic or manual devices, tools, extraction, indexing, data collection processes from our website, by scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy material from the website for the sole purpose and only to the extent necessary to create publicly searchable indexes of the material, but not caches or archives of this material.

  1. Prohibition of Use:  We reserve the right to prohibit the use of the Website and the Services (or any part thereof) by any User who breaches or fails to comply with these Terms and Conditions or any particular condition that may exist with respect to particular Services. As a general rule, the products or services that may be offered or made available by service providers and/or customers are not accessible to minors, in accordance with Moroccan legislation.
  1. Definitions:  In this Agreement, various defined terms will be used. You know they are definite because they start with a capital letter. Defined terms are described throughout this Agreement and in clause 2).
  1.  Regulation on information for the purposes of information society services.

In addition to the above, we are required by law to inform you of the following:

Company Name ://////

Trade name : //////

The head office : //////

Domain name: www.emywork.com

Owner or holder of the domain: AMMARI OMAR

  •  Definitions

For the purposes of this Agreement, please note the meaning of the following terms:

“Account”  refers to the service provider or customer account at emywork.

“Liability”  means liability in or under any type of claim action (including breach of contract, tort, misrepresentation, returns or otherwise) relating to, arising out of or in connection with this Agreement (including liability expressly provided for in this Agreement or arising out of the invalidity or unenforceability of any term of this Agreement). For the purposes of this definition, any reference to an “agreement” shall be deemed to include any ancillary contract.

Users” (of the website):  any natural person who browses and/or uses the functionalities or facilities offered by the website

“provider”  is always an independent contractor, whose documentation has been checked by emywork and who offers his professional services to clients, through emywork. A provider is not and has no employment relationship with emywork.

The  "buyer (Client)"  is a third party, natural or legal person, who needs the professional services of a service provider for the provision of a service or the execution of a project and who uses emywork in order to contact or be put in touch with one or more project service providers

“Website”  means the web pages, mobile applications, electronic services or communications, social networking pages or any individual web page, specific to a business partner, entrepreneur, city or other area, which links herein Terms of use.

“Registration”  means the creation of an account on the emywork website, and  “Registration”  means the act of creating an account on emywork.

“ Services   are any services provided by emywork through the Website (or through electronic or other communications from emywork), including mobile applications, our newsletters, emails we send to you and the information, content and transaction functions of the website (including the ability to make a purchase).

“Content”  : refers to any information, message or data of any kind whatsoever (text, images, videos, photographs, comments, brands, company names, etc.

“Billing Mandate”  : designates the contract between the service provider and emywork under which the service provider (or the client) entrusts emywork (or the client), in accordance with the applicable tax regulations, with the management of the issue and sending invoices, in the case of projects carried out for a buyer through the site.

“Project”  : refers to the specific task entrusted by a buyer to a Service Provider.

“Site”  : refers to the website whose address is  https://www.emywork.com

Registration and registration in emywork

3.1 To access the Services, the User must create an account by registering for free on the Site.

The user must be at least 18 years old and be legally capable of contracting and using the site in accordance with these general conditions. The User is required to provide accurate information that he undertakes to update immediately in the event of a change.

Access to the account created is protected by a username and password chosen by the User when registering on the Site. The user undertakes to diligently use both (username and password) and to keep them secret, thus being liable for all damages resulting from their incorrect and negligent use. The User must report to the Company the loss or theft of these objects or any access by an unauthorized third party, so that the latter can block them immediately.

3.2 In order to be referenced as a Service Provider on the Site and to be visible to Users, the User is also required to provide accurate, truthful and complete information on his profile page and to update it.

The Service Provider also undertakes to conclude a billing mandate (to be reviewed) with the Company for the use of the Services and to upload to the Site the required documents relating thereto in order to comply with its obligations in terms of billing, taxation and others arising from the law on the prevention of money laundering and the financing of terrorism.  

3.3 In addition, if the service provider wishes to benefit from the emywork cash advance service, it undertakes, if necessary, to sign an assignment mandate allowing the Company to manage in its name and on its behalf the assignment of its receivables. to a factoring company.

General rules for the use of the services and the website

4.1 Errors and omissions:  emywork will make every reasonable effort to correct any errors or omissions as soon as possible after notification. emywork reserves the right to change, modify, substitute, suspend or withdraw without notice any service or information on the website or which formed part of the services at any time.

4.2 Viruses and the like:  We do not guarantee that the Services or the Website are free of viruses or any other elements that may have harmful effects on any technology.

4.3 Termination of Access:  While we strive to maintain uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Services may also be restricted from time to time for repairs, maintenance or the introduction of new devices or Services. We will endeavor to restore this access as soon as reasonably possible. We also reserve the right to block access to and/or edit or remove any material that, in our reasonable opinion, may cause a breach of this Agreement.

4.4 Closing Accounts:  We reserve the right to close accounts if a user violates our terms of service (e.g. this Agreement), including if there is reasonable evidence or if we become aware that they are using a proxy IP address (Internet Protocol address) in an attempt to conceal the use of multiple accounts, or if a User claims to be located in a country other than that of their actual residence, or if they cause disruption to the Website or Services in any way.

4.5 Multiple Accounts:  If you use more than one account and we take action against you, that action may be directed against all of your accounts.

ACCOUNT SUSPENSION AND TERMINATION

4.6  If you or anyone other than you, but with your permission, uses the Services or the Website in breach of this Agreement, we may suspend your use of the Services and/or the Site, in whole or in part.

4.7  If we suspend the Services or the Website, we may refuse to reinstate the Services or the Website until we receive your assurances, in a form acceptable to us, that there will be no further breach. of the provisions of this Agreement.

4.8  emywork will cooperate with any law enforcement authority or court requesting or directing emywork to disclose the identity or locate anyone in breach of this Agreement.

4.9  We may, immediately or at any time, a:

(i)  suspend the Services and/or the Website;

(ii)  suspend your use of the Services and/or the Website;

(iii)  suspend use of the Services and/or the Website by persons whom we believe are related (in any way) to you; and or

(iv)  immediately cancel this Agreement if:

This action will be taken if we have reason to suspect that you have breached, may breach or breach this Agreement and if we have reason to suspect that you have committed or are committing fraud against us or against another person

BILLING MANDATE

This invoicing mandate is concluded between:

The …………….., registered in the RC of Morocco under the number ………………, whose registered office is located at …………….. rue …………….. – ……… …….. Morocco (hereinafter referred to as “……………..”)

The Service Provider, user of the https://www.emywork.com site: <first name> <last name>, born on ** /*/****, registered under the name of <company name>.

Preamble

In order to facilitate, both for the Service Providers and for the customers, the invoicing to be carried out for the Projects carried out through the website (hereinafter the “Site”), the S…………….. proposes to draw up and issue invoices for the provision of services in the name and on behalf of the Service Providers.

The parties therefore agree, for the purposes of concluding this Mandate, the conditions under which the Service Provider agrees to entrust the Company, in accordance with the applicable rules, with the establishment and issuance of all its invoices for the provision of services to the parties. clients.

I-Definitions

With the exception of the terms expressly defined below, the terms beginning with a capital letter have the meaning given to them in the General Conditions of Use and Sale of the Company previously accepted by the Service Provider.

Invoice: refers to the Service Provider's invoice relating to a project carried out for a buyer via the Site.

Content: includes all messages or information of any kind (texts, images, videos, photographs, comments, brands, company names, etc.

Principal: refers to any freelancer who has accepted the terms and conditions of the site.

Director: refers to the company.

II-Purpose of the mandate

The Mandator entrusts the agent who accepts, the mandate to draw up in his name and on his behalf, all original, initial and/or corrective Invoices relating to the Missions carried out by the Mandator via the Site with customers.

According to article 879 of the Law of Obligations and Contracts (DOC), "  The mandate  [in its general sense, editor's note]  is a contract by which one person entrusts another to perform a lawful act on behalf of the principal  ". Delegation can and should, however, take different forms depending on the situation at hand.

General rules of law:

The delegation obeys rules of common law concerning the delegatee, the delegate and the delegation itself. The most relevant rules to remember, among others, are the following:

  • At the level of the delegate: For the mandate/power of attorney to be valid, the delegate must be able to sign/take the said decision himself. This is called "capacity." Only the owner of a property can delegate the power to administer/alienate it, for example. 
  • At the level of the delegate: he can perform acts on behalf of the delegate, even without having the capacity to do so. Indeed, the law only requires that he be “  endowed with discernment and mental faculties ”.
  • At delegation level:
    • in accordance with article 927 of the Law of Obligations and Contracts as well as the associated case law, the principal must clearly establish the scope and limits of the delegation granted, under penalty of seeing his liability engaged by acts performed , by the agent, in excess of his powers. Moreover, certain acts are not “delegable”, such as those listed in article 894 of the same code.
    • The purpose of the delegation may not be impossible to achieve or too broad, nor relate to an action contrary to law and morality;
    • The delegation relating to a transfer of ownership must be established through an authentic deed with a lawyer/notary (Law 39-08 relating to the code of real rights). Any power of attorney that is not is deemed void.

Find all the rules, terms and effects of the mandate in the Law of Obligations and Contracts, articles 879 to 958.

III-Term of office

The mandate comes into force on the date of its acceptance by the Service Provider and will be formalized for an indefinite period.

Throughout the term of the Mandate, the Principal may not contact another agent for the performance of the same operation as the Missions carried out via the Site.

The principal may revoke the mandate at any time, without any particular reason, by registered letter with acknowledgment of receipt addressed to the principal. In this regard, it is emphasized that the validity of this Mandate is a condition of use of the Site. Consequently, its revocation will lead to the closure of the provider's account.

Similarly, the closure of the provider's account, for any reason whatsoever, will result in the revocation of these general conditions.

IV-Compensation

The billing mandate is included in the table of services provided by the company on the site, its remuneration being included in the commission payable by the Service Provider to the company.

V – Obligations of the principal

The principal undertakes to draw up invoices in the name and on behalf of the principal, in accordance with the information given by the latter.

Invoices will be issued as soon as the mission is validated by the client / project manager and will be sent to the latter electronically.

The instructing party will also send him simultaneously a copy of all the invoices he issues in his name and on his behalf.

The instructing party undertakes that the invoices bear the words “Invoice drawn up by [name of company] in the name and on behalf of [name / name of service provider]”.

In the event of a request for correction of the invoice by the principal, the latter undertakes to issue a corrective invoice without delay.

In the case of the numbering of invoices, the principal undertakes to use a chronological and continuous numbering sequence, different for each principal or the numbering that the principal will indicate to him so that the invoices are inserted in the sequence used by him such as the invoices he issues in accordance with the regulations in force.

VI – Obligations of the principal

The Mandator acknowledges that he retains full responsibility for his legal and fiscal obligations in terms of invoicing on the basis of original and amended invoices issued in his name and on his behalf by the Mandator, in particular with regard to his reporting obligations. and payment of VAT.

In particular, the principal is solely responsible for determining the rules applicable to invoicing and for transmitting the information required to the principal so that he can issue invoices in accordance with the applicable regulations. These rules depend on where the services are deemed to be provided.

Similarly, the client is subject to the obligations as a VAT payer arising from value added tax.

The client also expressly undertakes:

To communicate to the principal the information required by the regulations in force, which must appear on the invoices;

To pay the tax authorities the taxes mentioned on the invoices drawn up in its name and on its behalf;

To immediately claim the duplicate of the invoice if it has not been made available to them by the instructing party within the time limits and conditions specified herein;

To report any changes to your business identification information.

The client will have a period of 3 days before the final dispatch of the invoice issued in its name and on its behalf to discuss the information contained therein and ask the client to correct it. In the absence of a response within this period, the invoice will be considered accepted by the principal.

VII-Amendments

Any additional modification of this mandate must be made in the same way by the parties or, where applicable, by all persons duly authorized for this purpose by the parties.

IX-Applicable law and competent jurisdiction

This mandate is subject to Moroccan law. Any dispute relating to its formation, its conclusion, its interpretation and/or its execution is the exclusive competence of the Courts and Tribunals of Oujda.

Document electronically signed on:

Download the  billing mandate

Description of the services and operation of the site

5.1 The services offered by emywork include

A link between service providers and clients/project managers

Preparation and issuance of invoices for projects carried out in the name and on behalf of service providers

Collecting the documents required from the Service Providers as part of the monitoring obligation and making them available to customers

The implementation of additional services for clients/project holders, medium and large companies.

5.3 Customer contacts service provider through the Site. After an exchange on the details of the Project, the service provider directs the Client, using the tools made available on the Site, a service proposal.

In the case of an agreement, client makes funds available for the amount of the project, which allows the service provider to start the project.

At the end of the project, the company will establish an invoice in the name and on behalf of the service provider, on the basis of the information provided by the latter, and will be sent by the company to the client. Service Provider is required to provide the Company with any information or other requirements to be submitted in accordance with its legal obligations, as defined in the invoicing mandate.

The validation of the project implies the payment to the service provider of the amount of the invoice, minus the commission payable to the company by service provider.

6. Access to the site and services

Access to the Services offered by the Site is reserved exclusively for Registered Users.

The service providers must have instructed the company, through the billing mandate, to establish and issue invoices in their own name (by accepting the billing mandate to use the services of the site). In addition, they must have included in their profile the documents required to comply with the law  LA LOI N° 43-05  on the prevention of money laundering and terrorist financing.

In the case of Users domiciled outside Morocco, they are also required to comply with all the obligations incumbent on them under the legislation applicable to their status as self-employed workers in their country of residence, as well as the obligations arising from the use of the Site.

The user must configure his computer and his means of telecommunication to allow access to the Site. They bear the costs when they access the Internet and use the site.

The site is open 24 hours a day, 7 days a week to all users.

The Company reserves the right, without notice or compensation, to temporarily or permanently close the Site or to access one or more Services to carry out an update, one or more modifications to the modes of operation, servers and hours of operation. accessibility, without this list being exhaustive.

The Company reserves the right to make to the Site and the Services all the modifications and improvements that it deems necessary or useful for their proper functioning.

The site is reserved for customers/project holders and cannot be used by intermediaries or recruitment professionals acting on behalf of an end customer. In the event of non-compliance with these rules of access, in addition to the penalties mentioned in the article of these conditions and in order to put an end to the unfair competition thus created, the Company reserves the right to limit access to its Services. , in particular by reducing the possibility of contacting the Service Providers via the platform or by using the functionalities of their profile. Beyond the reminder of the rules of use of the platform contained in these general conditions, this limitation of the possibilities of use of the platform is not the subject of specific information, in order to avoid only through a new user profile,

7.2 Customer Fees

If the User wishes to have access to certain parts of the EmyWork Services which are not available free of charge to all users (Paid Services), he is required to pay EmyWork the non-refundable exploitation fee(s) for the subscription or purchase of packs on the terms and at the prices that EmyWork specifies. 

 Users will in the future be able to pay for their purchases online. 

 When accessing the Paid Services, the User must comply with any additional terms and conditions of use of the service used, which EmyWork reserves the right to modify from time to time. 

 The User must protect the Paid Services and any EmyWork Data obtained by them against access by any unauthorized third party, he must follow all instructions concerning the security of the Paid Services issued by EmyWork. By accessing any Paid Services or any EmyWork Services requiring registration, the User must use the password, identification (ID) or user name given by EmyWork allowing access to the Paid Services. The User acknowledges that he is responsible for the use of any of these security measures and guarantees that he will keep confidential the password, identification or user name or any other means or device security and will not disclose it to anyone else.

We may change our service fees from time to time. These changes will be reflected in updated terms that we will post that will apply to all transactions made after the updated fees come into effect.

7.3 NDA Fees

emywork provides the service provider and the client, upon payment of an optional fee of 500 MAD, with a non-disclosure agreement (NDA) to be used within the framework of a project. By providing the NDA, we exclude all warranties and liability for the following:

Whether or not the non-disclosure agreement is enforceable

The suitability of the NDA to the needs of the client, the self-employed person or both

Compliance with the NDA by client or the independent worker

Any violation of the NDA by client or the independent contractor

Storage and/or retrieval of the confidentiality agreement signed by emywork

Any loss of signed non-disclosure agreement.

7.4 Talent Search Fees

emywork makes available, for an optional fee of 800 MAD, an upgrade of the EmyTalent project . These fees are non-refundable and include our team's time and effort to offer assistance to each buyer so they can make a more informed decision.

More precisely :

Correspond with the client to help them clarify the requirements of their project and offer assistance if necessary

Screen and review proposals received for the enhanced project

Invite new providers if necessary

Formulate up to 3 recommendations on the proposals received.

If a buyer who purchased the “EmyTalent” upgrade is not satisfied with the recommended provider, the emywork team will offer another recommendation. When the recommended providers have successfully completed the project, they will be added to a network of 'Scouts' providers and invited to bid on similar projects in the future. For talent search projects, contractors will not be able to submit their proposals as all proposals will be reviewed equally by our emywork team.

7.5 Insurance and Consulting Fees

Emywork provides you with its experience and the partners of Assurances Certifie for your project. These fees are non-refundable and include the time and effort spent by our team to review these projects.

Emywork does not guarantee any level of success for a project submission, in terms of any metrics associated with a project – including, but not limited to, proposals received, views received, project appreciation received and awarding the project to a service provider.

payment system

8.1  Payment for the service is made either by credit card, by a secure online payment service or by bank transfer.

8.2 Hourly Contracts

Provider payment for hourly contracts is set as a draft hourly rate using the hourly rate as listed on the provider profile at the time the hourly contract is set up. Client agrees to pay the service provider based on the time spent, and not on the actual or perceived quality of the products provided.

Upon acceptance of an Hourly Quote and Rental Request, Customer must document a valid method of payment on file and authorize emywork to bill it repeatedly in accordance with emywork's terms and conditions.

Every seven (7) days, an invoice will be automatically established by the system in the name of the service provider according to the number of hours followed by the latter during the last seven (7) days and the hourly rate of the contract per hour. .

EMYWORK IS NOT A BANK  . We strongly recommend that all users do not hold dormant balances on the platform. No user is allowed to keep a dormant balance on the platform for more than  90 days . emywork reserves the right to apply administrative fees or reductions in value to dormant balances until they are removed or set to zero. Funds held by emywork on the platform are not insured or covered by any financial services compensation scheme or other government agency. emywork holds the funds in a separate client account.

Rating and recommendation system

9.1  At the end of each project, clients and providers are encouraged to mutually evaluate their collaboration. The rating made by a customer may appear on the provider page. The evaluation made by a service provider can be visible to the service providers contacted by the client for a new project.

The evaluations made by the clients/project holders cannot be modified after one month from the end of the project.

Ratings and recommendations must reflect objective considerations and may not contain excessive or insulting comments. If this is the case, the company reserves the right and the possibility of deleting the evaluation concerned.

9.3  The use of the rating and recommendation system is not mandatory for the functioning of the Community and is only a guide to the experience and performance of the providers.

Disputes

  

 In the event of a disagreement between the Client and the service provider on the quality of the service, the scope, the methods or the stage of completion of the Project, the latter undertakes to inform the Company thereof through Customer Service and to its best efforts to find an amicable solution within 45 days.

The company can intervene to try to propose a solution to the parties.

The resolution of this dispute will be the sole responsibility of the customer and the service provider.

Commitment

11.1  You agree to access and use the Site and Services in accordance with applicable law and these Terms and Conditions.

In this regard, the user acknowledges that, for the sole purpose of verifying compliance with these terms and conditions and applicable laws, the company may inspect any content displayed or exchanged on the site.

It also acknowledges that the Company may intervene to moderate the content published, if it does not comply with the laws and regulations in force, as well as the obligations of Users under these General Conditions.

11.2  The User undertakes to carry out all the declarations and formalities necessary for the development of his activity and to respect all his legal, labor and social security, administrative and tax obligations, as well as all the specific obligations incumbent on him under Moroccan law and/or foreign law on which it depends, in the context of its activity and the use of the Services.

In the event of a request from the Company, the User undertakes to provide the Company without delay with proof that he complies with the conditions set out in these General Conditions.

The User is solely responsible for compliance with the aforementioned formalities. The company is not responsible for users' failure to comply with these terms.

  

To this end, the client undertakes to provide the service provider with all the necessary information as precisely as possible so that the description of the project offer is as precise as possible and does not mislead the service provider.

Customer also undertakes not to use the Services and the Site to promote its activity or that of a third party. In particular, it undertakes not to make advertising communications to Users of the Site or not to make door-to-door sales.

Service Provider undertakes to keep strictly confidential all exchanges with customers and all information received or brought to its attention during communication with them via the Site (with or without a project). Users agree not to share with others or through social networks any exchange or excerpt from a conversation they have had through the Site.

Responsibility

12.1 From emywork

We expect emywork always tries to do its job to the best of its abilities and therefore undertake to We will exercise reasonable care and skill in the performance of any obligation arising under this Agreement; and that we will not act contrary to professional care in our work.

This clause takes precedence over all other clauses of this agreement and defines full liability with respect to any act, omission, intentional act or delay in action on this agreement, the services, the website or any purchase (or any part thereof); or as the case may be in connection with this Agreement or the entry into force of this Agreement.

What we are not responsible for: Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross negligence on our part, excluding gross negligence not attributable to the same emywork; or (iv) any liability which cannot be excluded or limited by applicable law. You are required to take steps to prevent or reduce damage.

Types of Losses We Are Not Liable For: As we do not offer the Website and Services solely for your commercial and/or business use, we will never be liable for:

Loss of income or revenue;

actual or anticipated loss of profits;

Loss of activity; where indirect or consequential losses (and for the avoidance of doubt, we understand the words “consequential losses” to mean “losses resulting from consequences, whether such losses are foreseeable, known, foreseen or otherwise”).

The Company will make every effort to ensure that the Site and the Services are accessible and function properly 24 hours a day, 7 days a week.

However, given the constraints related to the Internet, the Company cannot exclude that access to and operation of the Site and the Services may be interrupted, in particular during maintenance operations aimed at improving the Site and the Services, in the event of force majeure, malfunction of the User's equipment and breakdowns of the User's Internet network.

Consequently, the Company cannot be held responsible for any interruption of the Services, whether voluntary or not, provided that it undertakes to do everything possible to limit the interruptions which could be attributed to it.

The company will provide service providers and customers with tools and technical means allowing them to contact each other in order to conclude a service contract via the site. Its liability is limited to the provision of these means as described in this document and to intermediation between service providers and customers.

In particular, the Company cannot be held responsible for the frequency of submission of service provider profiles on its Site.

The company and the user are independent parties, each acting in its own name and for its own account.

The company does not conclude any contract in the name and/or on behalf of a service provider or a buyer. They contract directly with each other through the site.

Therefore, the Company can in no way be considered as an employee/employer or an agent of a User.

As the Company is not a party to the contracts relating to a Project concluded between the Service Providers and the clients, the latter are solely responsible for the difficulties, claims and disputes that may arise during the conclusion and/or execution of these contracts. Each user therefore releases the company from any liability for the direct or indirect consequences resulting, directly or indirectly, from the communication, execution and/or conclusion of a contract between a service provider and a client.

Consequently, the company cannot be held responsible for the cancellation of the payment or the withdrawal of the withdrawal authorization at the initiative of the customer alone, and of the consequences which may result from this cancellation or this withdrawal.

The company will endeavor to guarantee the content and validity of the information and documents provided by the service providers on the site when they are established in Morocco. However, the company can in no way be held responsible for non-compliance with its obligations, particularly in the context of the fight against the underground economy.

Consequently, the company cannot be held responsible for false, misleading or misleading information communicated to it by the service provider.

The Company also reserves the right not to transmit to Service Providers messages from customers if they do not comply with the conditions of use of the Site.

12.2 Liability of users, customers and service providers

12.2.1  The User is solely responsible for any direct or indirect damage that he may cause due to inaccurate, incomplete and/or misleading information that he may provide during registration or the lack of update. update of this information, the consequences of which are at his expense.

The user acknowledges and accepts that any notification under these general conditions can be made to the contact email address provided when creating a profile on the site.

12.2.2  Client is solely responsible for the description of the project offer for which he requests a price proposal from the service provider. In the event of an error in the description of the Project offer, the Customer alone will bear the additional services required and the additional costs related to the Project, by concluding an additional Project with a service provider via the Site.

12.2.3  The User is solely responsible for the conclusion and execution of contracts relating to a Project that he concludes with another User through the Site. The company will only intervene to put them in contact. The conclusion and execution of these contracts, directly involving a Service Provider and the client, are carried out on the initiative and under the sole responsibility of the latter.

12.2.4  The Service Provider acknowledges that the tools and technical means made available by the Company do not relieve it of its responsibility for the legal, tax and social security obligations incumbent upon it. In particular, he acknowledges that he retains full responsibility for his legal and fiscal obligations with regard to the issuance of original and/or corrected invoices issued in his name and in the name of the company. In particular, he acknowledges that he maintains his reporting and payment obligations in accordance with tax and social security regulations and the invoicing mandate.

12.2.5 Accurate Information:  You warrant that all information provided on registration and contained in your Account during the performance of this Agreement is true, complete and accurate and that you will notify us immediately of any changes to such information by update your Account details.

12.2.6 Content of the site:  it is your responsibility to ensure that all elements, information or products available on the site meet your own needs.

12.2.7 Things You May Not Do:  You agree without limitation that you will not use or permit anyone to use the Services or the Website:

12.2.8 Prohibited Uses:  The following uses of the Website and Services are expressly prohibited and you agree not to do and prevent anyone else from doing the following:

Resell the Services or the Website;

Provide false information, including false names, addresses and contact details, and fraudulently use the website;

Attempt to circumvent our security or our network, including by accessing data not intended for you, accessing a server or account for which you are not expressly authorized to access, or testing the security or other networks (for example, by performing a port scan);

Access the Services (or the Website) as if you have committed or are about to commit an act that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, or that disrupts or otherwise interferes with its functionality, its effectiveness or operation;

Perform any form of network monitoring that intercepts data not intended for you;

Send unsolicited mail, including "junk mail" or other promotional material to people who do not expressly request it. You are expressly prohibited from sending unsolicited bulk mailings;

Initiate fraudulent interactions with us or another user, including knowingly initiating interactions or transactions on behalf of a third party, in which you do not have permission to coerce such third party or pretend to be such third party;

Use the Services or the Website (or any relevant feature of either) in violation of this Agreement;

Unauthorized use, or falsification, of email header information; or engage in any illegal or criminal activity in connection with the use of the Services and/or the Website.

12.2.9 Equipment:  Use of the Services and the Website does not include the provision of a computer or the equipment necessary to access the Services. To use the Services or the Website, you must have an Internet connection and appropriate telecommunications links. We are not responsible for any telephone, telecommunications or other charges you may incur

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