Terms of Use

BigCT App



THE DISTRIBUTION COMPANY IVIIRIENNE (IDIS) , a company with a collective name of 31,570,000 CFA francs, headquartered in ABIDJAN, rue de la glacière, zone 3 – 01 BP 1304 ABIDJAN 01, registered in the Trade Register and the ABIDJAN Furniture Credit under the number CI-ABJ-1999-B-242536 offers a service, the mobile application ” SOLIBRA CITY” which allows Users to search for CHRD Establishments and / or Events nearby.
These Terms of Use (hereinafter referred to as “TOS”) are intended to specify the terms of use of the Mobile Application ”  SOLIBRA CITY ” abbreviated ”  SoCity“(Hereinafter referred to as the” Application “) by Users and Establishments CHRD, published by the  COMPANY IVOIRIENNE DE DISTRIBUTION (hereinafter referred to as  IDIS ).
By installing the Application on your terminal, and / or by accessing the Application, as a visitor and / or user, you accept these Terms without conditions or reservations the entire Terms.
If you do not wish to accept these Terms, we ask you not to access the Application. Any visit and / or use of the Application must comply with these Terms.
IDIS reserves the right to modify these Terms of Use at any time.
The applicable Terms of Use are those in effect on the date of use of the Application.
These Terms of Use are the property of IDIS. Any reproduction, even partial, is strictly forbidden.
The Application is offered for IOS and Android platforms under the contractual conditions imposed by Apple and Google, which the User agrees to respect.
This Agreement is between IDIS and any person wishing to use the Application (hereinafter referred to as “the User”).
The Contract is concluded for the duration of use of the Application by the User and, where applicable, for the duration of his registration.

 

ARTICLE 1 SUBJECT OF SOLIBRA CITY SERVICE

is a mobile application that lists cafes, hotels, restaurants, nightclubs and other establishments catering / accommodation / food sales of a city (hereinafter referred to as “CHRD Establishments”).
In particular, it allows Users to search for CHRD Establishments and / or Events nearby.

ARTICLE 1 DEFINITIONS

”  Application  “: refers to the interactive tool proposed by the IDIS Company , accessible on smartphone via the IOS and Android platforms.
” User “: means any person, registered or not, who uses the Application and who has accepted the TOS.
«  CHRD Establishment»: Refers to the establishments referenced on the Application, such as cafés, hotels, restaurants and discotheques, this list not being exhaustive.
” User account “: refers to the personal management area dedicated to the User.
” SoCITY pro account ” or ” Dashboard “: refers to the personal management space dedicated to the CHRD Establishment.
« Content“: Refers to all audiovisual, textual, sound, graphic, photographic elements, etc. ; sent, transmitted, disseminated, published by a CHRD User or Establishment or on which the CHRD User / Institution interacts on the Application, in any form whatsoever, and in particular, in text, image, video or audio format .
” Event “: means any event organized by a CHRD Establishment, such as a concert, theme party, etc.
”  Notification “: refers to the alert issued by the Application or by a CHRD Establishment to which the User has subscribed, in order to inform the User of the existence of a promotion, an Event, etc.
« Favorites»: Refers to the list of places or favorite events of the User« Card »: refers to the card containing the information relating to the CHRD Establishment.
” Route ” means the indication of the way to reach the CHRD Establishment.
” Products “: refers to the products marketed by the company IDIS 

 

ARTICLE 2 CONDITIONS OF ACCESS AND TERMS OF REGISTRATION 

2.1 ACCESS AND REGISTRATION OF USERS

2.1.1 Access conditions to the application
Access to the Application is:
– free and open to any major user  ;
– free, except for the cost of the internet connection which is the User’s responsibility;
– conditioned on the prior downloading of the Application by the User on an IOS or Android platform, via his ITunes or Google Play user account and in accordance with the contractual conditions imposed by Apple or Google, that the User commits to respect.

2.1.2  Registration to the application
Registration to the Application is free and reserved for major and capable individuals.
The User guarantees the veracity of the information he communicates when registering and undertakes to update this information, if it changes during the registration period.
To register, the User must create an Account, by formally accepting these Terms of Use and by completing the following information:
– Login;
– E-mail adress ;
– Password ;
– Year of birth ;
– City ;
– Country

The User accesses his Account by clicking on the “My Account” tab.
The User is reminded that registration with the Application is strictly personal and that he can only have one Account.
It is specified to the User that if access and registration to the Application are free, the purchase of a product from a CHRD Establishment referenced on the Application implies the payment of a price.

2.2 MEMBERSHIP OF CHRD ESTABLISHMENTS

To be referenced on the Application, the Establishment must fall into the following categories:
– “Where to go out”: bar, hotel, restaurant, maquis, discotheque, refreshment bar, or any other establishment that can accommodate consumers for restore (drink & food)
– “Where to sleep”: hotel, guest room, room / apartment for rent, or any other establishment that accommodates one or more persons;
– “Where to Buy”: Professional Distributors, Gas Stations, Supermarkets, Grocery Stores, or Any Other Products Sales Establishment?]
Membership is free. The Establishment must exist in accordance with the legal provisions in force in Côte d’Ivoire
The membership of an Institution is subject to approval by the IDIS Company within a minimum period allowing the verification of the actual existence of said Establishment.

 

ARTICLE 3 FUNCTIONALITIES OF THE APPLICATION 

3.1 FUNCTIONALITIES FOR DESTINATION OF USERS

The Application gives free access to the following functionalities allowing, in particular, Users to:
-Ge locate;
-Search for CHRD Establishments and / or Events located nearby;
-Filtering the results of the research according to various criteria: search by date, by theme, by category of institutions;
-Consult the listing of the CHRD establishments referenced on the Application: nature of the place consulted, location, events, promotions, practical information;
-View the chosen place on the map;
-Share the listing of the place consulted with a contact via SMS, email or another email application;
-Save the Fiche of the place consulted in his Favorites;
-View the itinerary of the place consulted;
-Request an estimate to CHRD establishments when this option is proposed;
-Commend products directly from CHRD establishments when this option is proposed;
-Create an account ;
-Choose the language of the Application when this option is proposed;
-Subscribe to a CHRD Establishment;
-Accept to receive Notifications from the Application and / or CHRD Establishments to which the User has subscribed.

Among the features described above, the User is informed that the location and search functionality of a CHRD Establishment or Event nearby is subject to the geolocation of its terminal.
Otherwise, the User will have access to the Application but will not be able to geolocate and search for a CHRD Establishment and / or Event nearby.
The User acknowledges that the geolocation of his terminal requires sharing his location data, including the geographical position of his mobile phone, which he expressly accepts if he wishes to use the said functionality of the Application.

When using the Application for the first time, the User will be invited to authorize the Application to access its geolocation in order to offer it this functionality.
Any User is able, at any time, to disable the geolocation function in the setting area of ​​his terminal.

3.2 FUNCTIONALITY TO DESTINATION OF CHRD ESTABLISHMENTS

Membership in the Application allows the CHRD Establishment:
-To be listed on the Application;
-To create a Solibra City Pro Account;
– To modify his profile and his parameters via his Dashboard;
-To create Events and promote them;
-To know how many Users are following their point of sale and Events;
-Send Notifications to Users who have subscribed to it;
-To offer Users the online reservation, when this option is activated;
-To send an estimate to the Users, when this option is proposed;
– To be put forward in the top of the addresses against payment of a control room in the later versions of the Application;
-To benefit from visibility tools in later versions of the Application.

 

ARTICLE 4 TERMS OF REFERENCING, CLASSIFICATION AND Derefferization of commercial offers put online

The IDIS Company reserves the right to dereference the offers of a CHRD Establishment:
-which would no longer meet the conditions of membership;
– who does not respect his contractual obligations;
-whose membership to the Application would have expired;
-which would be the subject of one or more proven complaints from Users.
The User is informed that:
-The offers of CHRD establishments are classified according to their theme or category;
-Some CHRD establishments can be put forward in the top addresses against payment of a control room;
CHRD Establishments referenced may benefit from other visibility tools in later versions of the Application.

 

ARTICLE 5 RIGHT TO IMAGE

In the event that the User and CHRD Establishments provide, during their registration / membership or in the context of the use of the Application, photographs, images or any other Content, they undertake:
-to authorize IDIS Company to distribute such photographs, images or Content on the Application;
-to refrain from broadcasting a photograph, image or Content on which third parties would be identifiable, unless they have obtained their express authorization to broadcast said photograph, image or Content.
The IDIS Company reserves the right to proceed, upon notification by a third party, to any withdrawal of a photograph, image or Content infringing the right to the image

 

ARTICLE 6 PERSONAL DATA

6.1 DATA PROCESSED BY THE COMPANY

The IDIS Company informs the User and CHRD Establishments that their personal data are registered and processed in order to enable IDIS to offer them the various features offered by the Application.
This treatment has been declared to the ARTCI under the number (currently being obtained) in accordance with the provisions of the Ivorian Law n ° 2013-450 of 19 June 2013 on the protection of personal data. staff.

Data collected via the Application is hosted by SOLIBRA CI.
In addition, the Application provides the possibility for the User to geolocate. The IDIS Company therefore processes the geolocation data of the User.
When using the Application, it is requested the express consent of the User for the IDIS Company to have access to its geolocation data. In the absence of express agreement, the geolocation data of the User will not be processed by the IDIS Company.

The User and CHRD Establishments have the right to access, rectify and delete this collected data. These rights are strictly personal and can only be exercised by the User for data concerning him or for another User whose legal representative he is.
The User can exercise his rights, by sending an e-mail to the address [email protected]  or by sending an e-mail to the following address:
COMPANY IVOIRIENNE DISTRIBUTION (IDIS)
Rue de la coolière, zone 3 – 01 BP 1304 ABIDJAN 01 ABIDJAN
To the attention of the digital pole
The mail must specify the names of the User, first name, email address, and his User ID and any element that can identify it with certainty.
The data transmitted by the User / CHRD Institution are kept for the duration of his registration on the Application.
The connection information and, in particular, the pages consulted and the IP addresses, are kept for the legal duration, namely one year from their registration.
The geolocation data are kept for a duration that can not go beyond the purpose of the Application.
Beyond this period, the data may only be stored for the purpose of specifically responding to treatment for historical, statistical or research purposes under the legal provisions.
Except with the prior express consent of the User, the data transmitted by the User are not communicated by the IDIS Company to third parties and are not used for commercial prospecting purposes.
IDIS Companytake all appropriate measures to ensure the security and confidentiality of the personal data processed.
The User / Establishment CHRD is informed that its data are hosted on the territory of Côte d’Ivoire.

6.2 DATA PROCESSED BY CHRD ESTABLISHMENTS

The CHRD Establishments remain exclusively and entirely responsible for the processing of personal data that they perform for their own account.
They will take, as far as they are concerned, all the measures necessary to ensure the protection and the confidentiality of the nominative information that they hold on the Users, in accordance with the provisions of the Ivorian Law n ° 2013-450 of June 19th, 2013 relative to the protection of personal data.

 

ARTICLE 7 INTELLECTUAL PROPERTY

The Application is the exclusive property of IDIS.
IDIS is the holder of all the intellectual property rights relating to the Application and in particular, of all the graphic, sound, textual, software, including the underlying technology, or of any other nature, composing the Application. .
The User and the CHRD Establishments thus undertake not to infringe the intellectual property rights of the  IDIS Companyand, as such, refrain from reproducing, representing, translating, modifying or disseminating, even if partially, any item protected by an intellectual property right, unless previously authorized by the Company IDIS.
Any reproduction of an element of the Application by the User or the CHRD Establishments, without the authorization of the IDIS Company , constitutes an act of counterfeiting liable to criminal and civil proceedings.

The User and the CHRD Establishments are also prohibited from any exploitation, for any reason whatsoever, of the Contents and information appearing on the Application.
By accepting the Terms and Conditions of Use, the User and CHRD Establishments grant, on a non-exclusive basis to the IDIS Company , for the territory of the whole world and for the duration of their registration / membership, the right to reproduce, represent and, as the case may be, modify the Content communicated by the User / CHRD Establishments, in order to ensure its online availability, accessibility and readability under the best conditions.
The User and CHRD Establishments declare and guarantee that the Content and information they communicate via the Application do not infringe rights belonging to third parties.
The User is prohibited from using the Application for commercial purposes without the express prior authorization of the IDIS Company.

 

ARTICLE 8 OBLIGATIONS OF THE PARTIES 


8.1 OBLIGATIONS OF THE USER AND ESTABLISHMENTS CHRD 

8.1.1 Obligations common to Users and Establishments CHRD

– Verification of the compatibility of the Application
The User and the CHRD Establishments shall have taken cognizance, prior to acceptance of these, the technical characteristics and security features of the Application.
They do their business with all the equipment (hardware and software) needed to use the Application via the Internet. They must regularly update their equipment and their internet connection, necessary for the proper functioning of the Application.

– Access codes
It is specified that the access to the Account of the User and to the Account Solibra City pro of the Establishments CHRD is secure so as to protect, permanently, with respect to the nonpermitted thirds to take notice, all the data of the User / CHRD Establishments that are circulated through the systems as part of the use of the Application.
The User and the CHRD Establishments are informed that the Access Codes allowing them to access their account are personal and confidential and that they can not be communicated to third parties.
The use and preservation of the Access Codes is the sole responsibility of the User and the CHRD Establishments who will bear the consequences that may result from their use by third parties who have known of them. The IDIS Company shallnot be liable for any loss or damage resulting from the failure of the User / CHRD Establishments to comply with these requirements.
In the event of the loss or theft of his identifiers, the User / Establishment CHRD commits himself to modify his password or to request its regeneration via the procedure set up by the IDIS Company allowing him to recover his Codes as soon as possible.

The information provided


The User and CHRD Establishments guarantee that all the information provided during their registration / membership to the Application is correct and undertake to update them on a regular basis.
The User guarantees the veracity and accuracy of the information relating in particular to his identity and his contact details. CHRD Establishments guarantee the truthfulness and accuracy of the information contained in their form (name, location, prices, etc.).
As part of the use of the Application, the User and CHRD Establishments undertake to provide and publish complete, regular and up-to-date information, in particular regarding Events, promotions and products offered by CHRD Establishments. .

– Use of the Application

The User and the CHRD Establishments undertake to use the Application only for the sole purposes referred to in these General Conditions of Use and in the strictest respect of technical and security standards.
They understand and accept the features of the Application.
Use of the Application is under the exclusive responsibility of the User and CHRD Establishments. Consequently, any processing, transmission, dissemination or representation of information or data via the Application by the User or the CHRD Establishments, are carried out under their sole and entire responsibility and in strict compliance with the legal and regulatory provisions pertaining to them. to the use of online services.

The User and the CHRD Establishments are solely responsible for the Content they publish and / or interact with. The User and CHRD Establishments are prohibited the dissemination of Content (text, images, photos, videos, links …) that may affect the rights and interests of third parties, contrary to the laws and regulations in force or infringing public order and good morals.
Similarly, the User and the CHRD Establishments undertake not to transmit, through the Application, any Content containing computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of the Website. any software, computer or telecommunication tool, without this enumeration being exhaustive.
The User and the CHRD Establishments are responsible for the Content that contravenes all of these provisions.

The User and the CHRD Establishments recognize the possibility for the IDIS Company to remove any content that does not comply with these requirements.
The User and CHRD Establishments further undertake to notify IDIS Company , without delay, of any anomaly concerning the use of the Application, to the following address: [email protected]
Finally, the User and the CHRD Establishments undertake to respect the image of the IDIS Company and its reputation, as well as the other CHRD Users and Institutions. They undertake not to engage in any statements and / or actions affecting the IDIS Company , other Users or CHRD Establishments.

– Backup, security and confidentiality of data

The User and the CHRD Facilities take full responsibility for the complete and regular backup of their data.
The User and CHRD Establishments undertake to safeguard their data and to ensure the security and confidentiality of such data.

9.1.2 Obligations of the Users towards the CHRD Establishments

The User is solely responsible for the respect of his obligations towards the CHRD Establishments and in particular, the payment of the price of the products ordered from them.
Insofar as the Company IDIS does not intervene in the relation uniting the User and the Establishments CHRD, it can not be held responsible in case of non-compliance, by the User, of his contractual obligations towards the CHRD establishments.

9.1.3  Obligations of CHRD Institutions to Users and the Company IDIS 

– Obligations to Users

CHRD Establishments are solely responsible for the relationship they maintain with Users. In their dealings with Users, CHRD Establishments undertake to comply with all applicable legal and regulatory provisions and to honor their commitments (in particular, in the case of a product reservation).
The IDIS Company does not intervene in the relationship between the CHRD Establishments and the Users. Therefore, it can not be held responsible in case of non-compliance by the CHRD establishments, their contractual obligations to Users.

The IDIS Companyreserves the right to dereference a CHRD Establishment, without justification or notice, in case of proven complaint (s) of the Users.
In general, the CHRD establishments undertake to respect the regulations applicable to their activity and in particular, their social and tax obligations.

– Insurance

CHRD Establishments are insured, including professional liability, with a reputable insurance company and undertake to maintain all insurance policies, to cover all damage to the IDIS Company or Users and as a result of the performance or non-performance of this Agreement.
The CHRD Establishments undertake to provide the Company IDIS , at any time and on first request, the supporting documents attesting to the subscription of the aforementioned insurances and the up-to-date payment of the corresponding premiums.
The CHRD Establishments further undertake to notify the IDIS Company of any change, suspension or termination of the said insurance policies, whatever the cause, as soon as possible.

–  Loyalty and good faith

The CHRD Establishments expressly declare that the conclusion or the execution of the present ones do not contravene to any commitment previously contracted, in particular an exclusive contract with a third party or a contract of work.
The CHRD Establishments undertake to use the Application in good faith and with loyalty and refrain from any practice contrary to fair competition, or likely to harm, directly or indirectly, the interests or the image of the Company IDIS .

– Non-competition

The CHRD Establishments shall not, during the whole term of this Agreement increased by twenty-four (24) months, develop, market, sublet or make available to any unauthorized third party, the Application object of the this contract or any product or service that may compete with it.

9.2 OBLIGATIONS OF THE COMPANY

9.2.1 Availability 

IDIS Companyundertakes to take reasonable steps to ensure that the Application is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, except in cases of force majeure, technical difficulties and / or and / or telecommunication and / or maintenance periods (including updates).
The IDIS Company can not be held responsible for any unavailability of the Application relating to the Internet connection of the User or CHRD Establishments, their equipment or maintenance operations necessary for the proper functioning of the Application.

IDIS Companycan not be held responsible for any unavailability of the Application related to the IOS or Android download platform which Apple or Google will be solely responsible.
IDIS Company reserves the right to terminate, immediately and without notice, access to the Application for all Users / Establishments CHRD and / or individually for the account of a User or an Establishment CHRD:

 

1 ° In order to carry out a technical intervention or for any maintenance operation
As far as possible, the IDIS Company will inform the User and the CHRD Establishments in advance.

2 ° In case of use of the Application contrary to the present.
The User and CHRD Establishments agree that such suspension may result in the deactivation and deletion of an account or password and the deletion of access to an account and deletion of the associated Content.

9.2.2 Confidentiality and security of access  

In general, IDIS Company undertakes to implement any technical means, in accordance with the state of the art, to maintain the integrity, security and confidentiality of the Internet. access to the Application.

 

9.2.3 Evolution of the features 

 

The IDIS Companyreserves the right to make changes in the presentation, operation or functionality of the Application at any time without prior notice.

 

9.2.4 Accommodation 

 

The IDIS Company ensures the hosting of the Application under conditions of security of access and premises in accordance with the rules of art.

 

9.2.5 Maintenance 

The IDIS Company ensures the evolutionary and corrective maintenance of the Application in order to allow its durability and its availability within the framework of an obligation of means.
The User and the CHRD Facilities automatically benefit from any update developed by theIDIS company on the corresponding version of the Application they use.
The IDIS Company can not be held responsible for any incompatibility of the Application with all the equipment (hardware and software) of the User / CHRD Establishments that result in particular from an incompatibility with the IOS or Android version of the terminal. the User / CHRD Establishments, the non-update of the Application by the User / CHRD Establishments or the maintenance of the Application carried out by the IDIS Company.
IDIS Company can not be held responsible for the availability of the Application with any new equipment (hardware and software) for which the Application is not up-to-date.

 

9.2.6  Features, uses

IDIS Company does not warrant that the functionality of the Application may be adequate for any particular purpose provided by the User or CHRD Establishments. They must first verify the suitability of the features of the Application to their need (s).

 

ARTICLE 10 LIABILITY

The Company IDIS is held, with regard to the commitments contained herein, that of an obligation of means.
Users and CHRD establishments are aware of the technical risks inherent to the Internet and the access interruptions that may result. Consequently, IDIS Company will not be held responsible for any unavailability or slowdown of the Application.

IDIS Company is not able to guarantee the continuity of the Application executed remotely via the Internet, which the User and the CHRD Establishments recognize.
Users and CHRD Establishments expressly agree that the Company IDIScan not also be held responsible for interruptions of the Application or for damages related to:
– a decision of the authorities or a case of force majeure as defined by Article 1218 of the Civil Code and by case law;
-an interruption in the supply of electricity or transmission lines due to public or private operators;
– abnormal or fraudulent use by the User, the CHRD Establishments or third parties, requiring the termination of the Application for security reasons;
a fraudulent intrusion or maintenance of a third party in the system, or the illegal extraction of data, despite the implementation of the security means in accordance with the current data of the technique, the IDIS Company only supporting an obligation of means with regard to known security techniques;
– the nature and content of the information and data created, transferred and / or communicated by the User and the CHRD Establishments. More generally, IDIS Company  can not in any case be liable for data, information, results or analyzes from a third party, transmitted or received through the use of the Application infringing the rights of third parties or which in any way violate the legislation in force;
-a loss or delay in the transmission of information and data, when the IDIS Company is not at the origin of this delay;
– the operation of the Internet network or telephone or cable networks for Internet access not implemented by IDIS ;
-to a failure of the hosting servers.

The role of the IDIS Company is limited to that of a simple intermediary between the Users and the CHRD Establishments.
The IDIS Company will make its best efforts to provide the User with regular and up-to-date information concerning CHRD Establishments. Nevertheless, the IDIS Companycan not be held responsible in case of inaccuracy or falsity of the information provided by the CHRD Establishments, in particular, events, promotions or features of products offered by them.
The IDIS Company does not intervene in the contractual relationship between the User and the CHRD Establishments and does not sell the products.
Therefore, the IDIS Company can not be held responsible for any damages of any nature whatsoever that may be caused to the User or to the CHRD Establishments as part of the relationship between the User and the CHRD Establishments.

In addition, the IDIS Companycan not answer for defects in the quantity or quality of products ordered from CHRD establishments, or any delays in the delivery of products ordered.
Any claim by the User in this respect must be made directly to the CHRD Establishment concerned, which is solely responsible for the products sold.
In general, IDIS Company can not be held liable for indirect damage or loss, loss of profits or savings, loss of income, image damage, damages not resulting directly and exclusively from a failure of Application or third party remedies.

In order to facilitate the notification of Content that may contravene these Terms of Use, IDIS Company provides CHRD Users and Facilities with a procedure for reporting illegal Content. The User may report illicit Content by simply contacting the IDIS Company at the following address: [email protected] .
In general, the IDIS Company can not be held liable for damages of any kind, direct or indirect, resulting from the use of the Application by CHRD Users and Facilities.
The User and the CHRD Establishments are solely responsible for damages of any kind, whether tangible or intangible, direct or indirect, caused to any third party, including the IDIS Company , as a result of the illegal use or exploitation of the ‘Application, whatever the cause and place of occurrence of this damage.

The User and the CHRD Establishments guarantee the IDIS Company of the consequences, claims or actions of which the IDIS Company could, as a result, be the object of the
User and the CHRD Institutions waive any recourse against the IDIS Company within the framework third party proceedings against him as a result of the unlawful use or exploitation of the Application.

 

ARTICLE 11 REGISTRATION 

11.1 DESCRIPTION OF THE USER

The User may unsubscribe at any time from the Application, by deleting his Account.
For this, it is up to the User to log in to his Account and to follow the unsubscription procedure indicated by the IDIS Company.
Once the User has unsubscribed, the IDIS Company deletes the personal identification data of the User.
The User is however informed that the Content that he has published through the Application will remain online and will not be deleted, unless expressly requested by the User.

11.2 REGISTRATION OF CHRD ESTABLISHMENTS

The Establishments may at any time request their withdrawal from the application by writing to  the company IDIS which will take care within … to cancel their registration and delete the information and contents of the Institution in the application.

 

ARTICLE 12 ANTICIPATED TERMINATION

Any serious breach by a Party of any of the obligations incumbent upon it by this Agreement, which has not been repaired within seven (7) days of the sending of a letter of remission, entitles for the other Party to unilaterally terminate this Agreement without prejudice to any damages and interest to which it may be entitled hereunder and subject to the prior notice given above.
The termination of the Contract, for any reason whatsoever, causes the deletion, on the effective date of the break, of any access to the Application. It is up to the User and the CHRD Establishments to take, before the removal of their access to the Application, all the measures necessary for the recovery of their data.
In addition, the IDIS Company reserves the right to delete, unilaterally and without notice, the Account of a CHRD User / Establishment that does not comply with these Terms of Use and a CHRD Establishment that has been the subject of one or more proven complaints from Users.
This termination will take effect immediately, without prior notice from IDIS..

 

ARTICLE 13 WAIVER AND TOLERANCE

It is formally agreed between the Parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for in these Terms of Use, whatever may be the frequency and duration, may not constitute a modification of this Agreement or generate any right whatsoever.

 

ARTICLE 14 INTEGRALITY

These General Conditions of Use express the entirety of the obligations of the Parties. No indication or document may give rise to obligations hereunder if they are not the subject of an amendment signed by both Parties.

ARTICLE 15 INDEPENDENCE 

IDIS Company and CHRD Establishments are and will remain, for the duration of this Agreement, independent business partners, each bearing the risk of its own performance.
Nothing contained herein shall be construed as conferring on either Party the status of employer, employee, representative, agent or agent of the other Party for any purpose whatsoever .
It is also agreed that the IDIS Company has no mandate or power to engage or represent the CHRD Establishments at any time and under any circumstances and can not make any commitment on their behalf or for their account.
IDIS Company undertakes to do nothing that may mislead any third party in this respect and to make any commitment or offer any guarantee on behalf of CHRD Establishments referenced on the Application.

 

ARTICLE 16 PROOF

The computerized registers kept in the computer systems of the IDIS Companyunder reasonable security conditions will be considered as proof of communications, orders and payments between the Parties. These records will be valid in the event of a dispute between the Parties.

 

ARTICLE 17 APPLICABLE LAW AND COMPETENT COURTS

These Terms of Use are subject to Ivorian law.
In addition, the language of these Terms is French. In the case where the T & Cs are translated into other foreign languages, only the French version would be authentic.
In the event that a dispute arises between the parties as a result of the execution or interpretation of this agreement, the parties undertake to submit to the amicable procedure defined below, prior to any referral to the competent court.

For this purpose, the most diligent Party shall seize the other Party by mail delivered against discharge or by any other means leaving a written record.
The referral form shall include the reason for the dispute and propose a date for the meeting of the Parties, which shall not exceed three (3) working days from receipt by the other Party.
In the absence of conciliation within a period of thirty (30) calendar days from receipt of the act of referral, the dispute will be decided definitively by  the Commercial Court of Abidjan .

Done at Abidjan on the 15/05/2018