General Conditions of Use of the African Development Club’s Service
Article 1 - Preamble
The company Attijariwafa bank is a joint stock company, with a Board of Directors and a Supervisory Board, the capital of which amounts to MAD2,035,272,260, registered at Casablanca trade registry under No.333, whose registered office is located in Casablanca at 2 Boulevard Moulay Youssef, licensed as a credit institution pursuant to the Order of the Minister of Finance and Privatization No.2269‐03 issued on 27th Choual 1424 corresponding to 22nd December 2003, as amended and supplemented, the legal representative of which is Mr. Mohamed EL KETTANI, Chairman & Chief Executive Officer.
As part of the events organized by Club Afrique Développement, Attijariwafa bank makes available to the participants an online platform to manage B-to-B registrations and appointments.
The editor-in-chief: Mrs. Mouna KADIRI.
The B-to-B platform of Club Afrique Développement is hosted by: NPONE SARL, located at in Casablanca 20000 at 2 Rue Lakarari.
The Participant may benefit from all services offered by the B-to-B platform of Club Afrique Développement only subject to the acceptance of his participation to the event organized by Club Afrique Développement.
The Participant states that he has obtained from the Bank all the necessary information relating to the services proposed and that he fully adheres to these general conditions of use.
The Bank reserves the right to make to these General Conditions any modifications without prior notice.
Article 2 - Definitions
Each term which begins below with a capital letter shall have the meaning ascribed to it in the definition under this Article.
“General Conditions of Use” or “General Conditions” shall mean this document.
“Club” or “Club Afrique Développement” shall mean a service offered by the Bank to a group of Members.
“B-to-B platform” shall mean the Service set tout in Article 3 below.
“Club Site” shall mean the site of Club Afrique Développement of Attijariwafa bank, available at the address: www.clubafriquedéveloppement.com.
“Bank” shall mean Attijariwafa bank.
“Site” shall mean the site of B-to-B of Club Afrique Développement of Attijariwafa bank, available at the address: www.clubafriquedéveloppement.com/BtoB.
“The Service” shall mean all or any part of services supplied by the B-to-B platform of Club Afrique Développement.
“Member” or “Adherent” shall mean any person admitted as such by the Club committee and using one or several Services of Club Afrique Développement.
“Participant” shall mean any person whose participation is accepted as such by the Bank to one of the events organized by the latter or by Club Afrique Développement. He may or may not be a Member of Club Afrique Développement.
Article 3 - Available services
The B-to-B platform of Club Afrique Développement enables the guests of an event to:
- confirm their participation to the event to which they are invited by completing online the participation form;
- consult the list of participants to this event;
- consult the fact sheet with the information on a participant;
- request a B-to-B appointment to the participant of his choice;
- accept, reject or change a B-to-B appointment with another participant;
- consult, manage and edit his B-to-B appointment schedule for the event to which he is participating.
Article 4 - Access to B-to-B platform of Club Afrique Développement
- 4.1. Terms:
The Participant is informed that the Site is provided on the basis of “as it is” service, accessible according to its availability 24 hours a day and 7 days a week, except in the event of force majeure, computer difficulties, difficulties related to telecommunication networks or other technical difficulties.
For maintenance reasons, the Club may suspend the access to the Site and will attempt to inform the Participant of such suspension beforehand.
The Club reserves the right to complete or modify, at any time, its Services in line with the evolution of technology.
The Participant shall be responsible for his internet access (in particular the choice of an access provider) and the proper functioning of his computer equipment.
For this purpose, the Participant must support any additional costs charged to him.
It will be for the Participant to look into the possibilities of the evolution of transmission and computer means put at his disposal in order for these means to be adapted to the changes in the Services proposed by the Club.
- Access codes:
Upon the validation of participation to an event organized by Attijariwafa bank or by the Club Afrique Développement, the Participant will receive an email informing him that he has to validate his account and choose his password enabling him to access the headings of the B-to-B platform.
The Participant shall alone be responsible for the preservation and the confidentiality of his identifier and password and, therefore, for the consequences of any voluntary or involuntary disclosure to anyone whatsoever.
The Participant represents that he relieves the Bank of any liability with regard to the preservation of his identifier and password, which is incumbent upon him personally.
- 4.2.1. Password modification
Password lost or forgotten: Should the password be lost or forgotten, the Participant has the possibility to change the same directly with the Club Site. A link will be automatically sent to the Participant for him to change his password.
Modification: If the Participant wishes to change his password, he may modify the same by entering his old password and the new one he henceforth wishes to use.
Moreover, it is recommended not to use a password that can be easily detected by a third party such as the given name or the date of birth for instance, and to use for the composition of the password a 6 to 8 character-code consisting of figures, letters or the composition of the two.
- 4.2 Access refusal
The Bank reserves the right to suspend access to the B-to-B platform of Club Afrique Développement for a Participant, in the event it discovers any facts which lead to the presumption of fraudulent use or attempt to fraudulently use its services or if the Participant has provided inaccurate information relating to his identity.
It shall forthwith inform the Participant, by any means at its convenience, which is expressly accepted by the latter.
Similarly, the Bank reserves the right to suspend access to the Club’s platform on its own initiative with a 48-hour formal notice in order to make any updates, changes or modifications to operational methods, servers and accessibility times; however, this list is non-exhaustive. For this purpose, the Bank shall inform the Participant of such suspension on the home page of the B-to-B platform of the Club Afrique Développement.
The access to the platform is limited in time and lasts until the end of the event.
Article 5 - Note to the Participant
The Participant declares that he accepts the characteristics and the limitations of the Internet and in particular, he acknowledges that:
- he has taken cognizance of the nature of the Internet network and in particular, its technical performance and response time, for consulting, requesting or transferring the information data;
- the data circulating on the Internet, including the confidential data, notwithstanding the safety measures implemented by the Bank, is not necessarily protected, and especially against any possible diversions, fraudulent or unauthorized usage;
- it is up to the Participant to take all appropriate measures to protect his own data and/or software from contamination from potential viruses on the Internet network.
Moreover, the Participant represents that he accepts that the communication of his access codes to third parties, if need be, and generally of any information deemed personal and confidential by him is made at his own risk.
The Participant is deemed to be fully informed of the existence of the rules of conduct (of law and equity) to be adopted when browsing the Internet.
The use of the Service requires that the Participant supplies personal data. In this regard, the Participant undertakes to supply only fair and accurate information. He shall keep the Club informed of any change in this information.
The Participant gives expressly his consent for the collection of his personal data hereunder.
The Participant gives expressly his consent to the collection of his personal data in this regard.
Moreover, the Participant undertakes to provide accurate, complete and up-to-date information. In the event where the information provided is inaccurate, incomplete or obsolete, the Bank will take any action it deems appropriate to suspend the access to the Site by the Participant, permanently or temporarily.
Article 6 - Liability
The Bank undertakes to make every effort to ensure, under optimal conditions, the functioning of the B-to-B platform of the Club Afrique Développement, the good performance of the Services offered and the confidentiality of the information supplied. Thus, all personal information circulating on the communication networks is systematically encrypted.
The responsibility of the Bank cannot be sought in case of any fraudulent or excessive use or on account of any voluntary or involuntary disclosure of the Participant’s password to any person whatsoever. Consequently, the Participant bears alone responsibility for risks of handling his computer system and using his access codes by unauthorized third parties.
Except for any proven fault or negligence of the Bank, the breaches of the Participant’s personal data resulting from the use of his password by a third party cannot engage the responsibility of the Bank.
The Participant undertakes not to disrupt the use of the Service by other users.
The Participant undertakes not to commit any act that may question the integrity of the Club or of the Bank or that may jeopardize the IT security of the Club Site, of the B-to-B platform or of other Participants.
The Participant cannot hold the Bank liable in case of consequential damages springing from the use of the B-to-B platform or any of its Services.
The pages of the Site which the Participant consults have a purely informative character. Any data appearing on the Site is updated with the utmost care by the Bank which endeavors to use only reliable sources.
On account of the rapid evolution and complexity of the matters dealt with, the Bank does not provide any guarantee as to the accuracy and exhaustiveness of the information shown on the Site. This is the reason why the Bank rejects any liability in case of direct or indirect damage resulting from the access to the information, data and publications set out on the Site, their consultation and use.
The applicability of the information appearing on the Site depends on the circumstances of each case. The information does not replace advice and assistance in concrete cases. The Participant remains fully responsible for the information he selects and for the consequences of the use of this information may have for him.
The Bank may in no way be held responsible for any time-lag in the information provided to it.
No disturbance of the use of the Site may engage the responsibility of the Bank. The responsibility of the Bank cannot be sought or invoked in case of temporary or total unavailability of all or part of the access to the Site and in general, in case of any performance defect.
The Bank will not be held liable for any infringement of IT security, which may cause damage to computer equipment of the Participant and his data.
The Bank cannot be held responsible for the violation of these general conditions by another Participant.
The Bank reserves the right to take any measures it deems appropriate in order to prevent or put an end to the infringement of its copyrights or those of third parties, without being held liable as a result of these measures.
Article 7 - Intellectual property
These general conditions do not entail any assignment of any kind of intellectual property rights over the elements belonging to the Bank for the benefit of the Participant.
The Service, the Site, the marks, the designs, the models, the images, the texts, the photos, the logos, the graphics, the software, the search engines, the databases and the domain names, and without this list being exhaustive, are the exclusive property of the Bank or its partners, subcontractors and/or authors.
Any total or partial reproduction and/or representation of any of these rights, without the express authorization of the Bank, is prohibited and would constitute a counterfeit which can engage the civil and criminal liability of the infringer.
Therefore, the Participant shall refrain from any action or act which could infringe directly or indirectly the intellectual property rights of the Bank.
The Bank gives the Participant a private, non-collective and non-exclusive right of use, over the contents of the Service and the Site. This right of use includes the right to reproduce for storage with the purposes of representation on a mono-post screen and reproduction for printing on paper. Thus, any networking or rebroadcasting, in any form whatsoever, even partial, is prohibited. This right is personal and reserved for exclusive usage by the Participant. It may in no case be transferable. The Participant may use the information at his disposal through the Service to develop his network or activity.
The Participant undertakes to:
- download the contents of the Site on his computer only for a use personal and limited in time;
- print on hard copy medium the downloaded pages of the Site only on condition that the said copies are strictly limited to a personal use.
Article 8 - Hypertext links
The hypertext links set up as part of the Site and leading to other resources posted on the Internet network with a restricted access, and in particular towards partners, are subject to a prior and express authorization from the publishers of these sites.
Hypertext links set up towards other sites cannot not engage the responsibility of the Bank, particularly concerning their contents.
Therefore, the existence of a link from the Club’s B-to-B platform to another site does not constitute a recommendation or a validation of this site or its contents. It is up to the Participant to use this information with discernment and critical mind.
Article 9 - Personal data
The use of the Service requires the collection of personal data of the Members.
As a matter of fact, this collection allows for membership management, access to all services offered by the Club, matchmaking between Members, subscribing to newsletters or answers to questions posed.
This data is collected, processed and stored by the Bank, in pursuance of the provisions of the Act No.09-08 of 18th February 2009 on the protection of individuals with regard to the processing of personal data and the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 (General Data Protection Regulation).
The collected data is exclusively intended for the own use of Attijariwafa bank, the companies of its group and its duly authorized service providers.
Only the persons acting under its authority and on its instructions, including subcontractors (in particular hosting providers) acting within the ambit of the performance of their tasks can access it.
Any subcontractor who may be prompted, on this occasion, to become acquainted with this personal data will be subject to an obligation of confidentiality. He should especially refrain from using for his own account or communicate to third parties all or part of such personal data.
None of the personal data collected from the Site shall be communicated or transferred to third parties for commercial purposes. However, collected data may be transmitted to other companies of Attijariwafa Bank’s group.
This data is kept only for a duration of one year strictly linked to the purposes of processing.
The service user has the right of access, rectification, portability, limitation of his data processing as well as the right to object to the processing of his personal data unless it is collected pursuant to a law. The user may exercise these rights by submitting a request with a copy of his ID to the address: dpo@attijariwafa.com. He is also entitled to lodge a complaint with the competent control authority.
To learn more, we invite the user to consult our data protection policy available at the following address: https://www.attijariwafabank.com/fr/politique-de-protection-des-donnees-personnelles”.
Article 10 - Opposition- Absence of Opposition
In case of loss or theft of access codes, the Participant must immediately and without delay change his code from his Participant space.
Failing such change, the Bank will not be held liable for the consequences of any usage by a third party of the Participant’s password.
Article 11 - Recommendation
In order to protect the confidentiality of his requests, the Adherent is required to take appropriate measures, according to his own software equipment, either to prevent the storage of consulted data in his microcomputer or to erase the same once the consultation is completed.
Should he import data on management software, the Adherent will ensure that any access thereto by any unauthorized third party is prohibited.
As such, the Adherent assumes alone the risks of handling and using his connection terminal by any unauthorized third parties.
On the other hand, it is the responsibility of the Adherent to take any appropriate measures to protect data and/or software stored or loaded on his computer equipment from virus contamination or intrusion attempts.
Article 12 - Cases of force majeure
The Bank cannot be held liable for the non-fulfillment of any of its obligations hereunder, in particular in the following cases:
- where the non-fulfillment is due to an impediment beyond its control;
- where it could not reasonably have foreseen such impediment or effects thereof or its aptitude to implement the contract at the time of its conclusion;
- where it could not reasonably have avoided or overcome this impediment, or at least the effects thereof.
Within the meaning of the preceding paragraph, an impediment may arise in particular from events such as destruction of machinery, installations, boycotts, strikes or lockouts in any form whatsoever, occupancy of premises, work stoppages, power supply failure, network or line transmission failure, unavailability of systems, without this list being exhaustive.
Article 13 - Resolution and Termination
In case of any failure to comply with the obligations resulting from these general conditions, the Bank may in full right terminate or cancel these general conditions for the use of the Service towards the Adherent. Similarly, the Member may request the termination of his membership to the Club, by sending an email to the Site address, confirmed by a registered letter with acknowledgment of receipt to the Bank, sent to the team of Club Afrique Développement at 2 Boulevard Moulay Youssef. It is being specified that in case of termination, the annual contribution amount remains acquired to the Bank.
Article 14 - Good faith
The Parties agree to perform their obligations with perfect good faith.
Article 15 - Titles:
In case of interpretation difficulties arising from a contradiction between any of the titles used as headings to the clauses and one of the clauses, the titles shall be declared inexistent.
Article 16 - Nullity
If one or more of the provisions of these general conditions are held to be invalid or declared as such under any law, regulation or final decision of a competent court, the other provisions will retain all their force and scope.
Article 17 - Agreement on Proof
The acceptance of the general conditions by electronic means has, between the Parties, the same probative value as the agreement in paper format.
Records computerized and stored in computer systems are kept under reasonable conditions of security and considered as proof of communications between the Parties.
The contractual documents are stored on reliable and durable media that may be produced as evidence.
Article 18 - Applicable Law and Competent Court
This contract is governed by the Moroccan law.
Any dispute concerning the interpretation or the implementation of this contract shall be submitted to the exclusive jurisdiction of Casablanca Commercial Court.