Wari, incorporated company with a capital of CFA Francs 3.000.000.000, whose head office is located in Rue des Sarrasins Above, Lomé, Republic of Togo, registered at the Trade and Personal Property Credit Register under No. RCCM TG-LOM 2015 B1717, Fiscal Identification Number (NIF) 1000576133 (hereafter called "Wari"), makes the Platform accessible via the Website and the Application that enables Members to use Services available to Users.
The terms defined below starting with capital letters and used in the singular or the plural, shall have the following meanings:
"Application(s)": refers to computer program(s) to access the Platform from a smartphone or a tablet running on iOs and Android operating systems.
"GTS": refers to the General Terms of Sale applicable to the Services
"Account": refers to one of the pages comprising the Reserved Area of the Member and on which Data is stored that he/she entered as part of his/her Registration and updated later if necessary. This Account is strictly personal, individual, non-assignable and non-transferable by the Member.
"Data": refers to information provided directly or indirectly by the User when using the Platform, in particular when browsing and at the moment of Registration and creation of his/her Account. The User undertakes to provide accurate and up-to-date information, in particular regarding his/her identity and contact information.
"Personal Data": refers to information relating to an identified natural person or person who can be identified, directly or indirectly, by reference to an identification number or by one or more elements that are unique to him/her.
"Reserved Area": refers to the page(s) stored on the Platform and reserved for Members and accessible by the Member concerned via the Website and/or Application thanks to his/her ID and password. This space comprises the Account of the Member concerned and any information relating to the Services to which the Member has subscribed, in particular information about his/her identity, operations history, Data stored by third parties, etc. enabling him/her to access the Services and to use them according to the terms and limitations in conformity with applicable legislation and the GTS.
"Public Area": refers to the pages stored on the Platform and freely accessible to all Users (including non-member Users).
"Registration": refers to the submission process for the creation of an Account by a User on the Platform in order to benefit from all or part of the Services under the conditions and limitations provided for in the GTS.
"Member": refers to any natural or legal person who, wishing to benefit from the Services, has created an Account. The natural person Member acknowledges that he/she is eighteen (18) years of age or older and to be of legal age as defined in the regulations of his/her country. WARI reserves the right to request any document from the Member at any time justifying the declarations of the latter, in particular concerning the age required or the legal capacity to commit the company represented, as the case may be.
"Platform": refers to the solution called "WARI", accessible via the Website or by means of the Application. The Platform, composed of the Public Area and Reserved Area and intended to provide Members with an interface enabling the provision of Services in conformity with the GTS.
"Services": refers to all of the services offered by WARI to Members by means of the Platform. These Services are described and defined in the GTS.
"Website": refers to the Internet site accessible at the address and which constitutes the Platform.
"User": refers to any person accessing the Platform without distinction, including Members and unregistered visitors.
The present GTU is intended to define the conditions and limitations applicable to any use of the Platform and the Application by all Users.
By accessing and using the Platform or Application, the User acknowledges that he/she has read the present GTU and accepts it without reserve, as well as all documents referring to it such as the GTS if he/she uses the Services, and the Confidentiality Policy.
The User who refuses to comply with the GTU must not use the Platform or Application.
The present GTU constitutes a legally binding contract for Users who access, browse and use the Platform or Application in any way whatsoever.
WARI undertakes to do its best to make the Platform and Application available 24/7, subject to programmed maintenance operations, updates, or as a result of events beyond its control and will take all reasonable measures to limit disruptions due exclusively to WARI.
The User undertakes responsibility for expenses incurred, subscription fees and equipment needed to access and use the Platform and Application.
Access and use of the Reserved Area are subordinate to on-line registration and Account creation in the manner described in the GTS.
Once registration is validated by WARI, the User becomes a Member thus able to access his/her Account and Reserved Area.
WARI reserves the right, without justification, to:
- refuse, reject any Registration;
- request further supplementary information or to rectify information;
- transmit information provided by the Member to any third-party controller.
Each User must use the Platform and Application in a responsible way with respect and courtesy vis à vis the rights of Wari, other Users and third parties.
By accessing the Platform, including via the Application, the User undertakes and promises in particular to:
- dispose of the qualities and skills needed to use the Platform;
- be of legal age for natural persons;
- dispose of all the authorizations required for persons acting on behalf of legal persons;
- dispose of the necessary banking authorizations to use the Services concerned in conformity with the GTS;
- behave in conformity with all the provisions of the present GTU and to respect the GTU;
- respect all territorial and applicable laws in effect including those of the country from which he/she accesses the Platform, in particular those relating to financial flows, the fight against money laundering and the financing of terrorism, safety and prevention of payment defaults and fraud;
- communicate accurate, comprehensive and up-to-date information;
- ensure personally and individually his/her Registration;
- respect the intellectual property rights of WARI and third parties;
albeit for his/her personal use and in a manner in conformity with the purpose of the Platform.
In addition, the User undertakes to refrain from, in particular:
- using the features of the Platform or Application for purposes not in conformity with the GTU and/or GTS, or contrary to the purpose of the Platform or Application and/or which would infringe upon the rights of WARI, of one or more other User(s) or the rights of third parties;
- using a false identity or otherwise misleading anyone, communicating false contact or other information to WARI, usurped or incorrect information;
uploading to the Platform, displaying, making available or transmitting by any means and in particular by e-mail:
- content which he/she does not have the right to upload;
- content that is illegal, harmful, threatening, insulting, harassing, of a criminal nature, defamatory, vulgar, obscene, contrary to good moral standards, infringes upon the privacy of a person, odious, disagreeable or shocking from a racial or ethnic point view in particular or other;
- any element that contains software viruses or other digital codes, files or programs designed to interrupt, destroy or limit the features of any IT software or hardware or any telecommunications equipment;
- content that disrupts or interrupts or tries to disrupt or interrupt the operation of the Platform or the servers or networks connected to the Platform, or breaches the requirements, procedures, rules or regulations;
- gaining access to personal data which is not intended for him/her or a server, a Reserved Area and/or an Account which the User is not authorized to access;
- attempting to sweep, scan or test the vulnerability of a system and in particular the Public Area or one or more Personal Areas on the Platform, or to breach security or authentication measures without having received authorization to do so;
- usurping or attempting to usurp the identity of one or more other Users or third parties;
- content that harms a person by means of the Platform or Application;
content that harms the reputation of WARI, the Platform, the Application, of one or several other Users or any third party.
The User also agrees not to disclose personal, professional or confidential information transmitted by the Platform, or which he/she becomes aware of by using the Platform or originating from a third party. A fortiori, the User refrains from any processing of personal data obtained from the Platform or through its use and in particular any collection, unauthorized use or diversion of information, and any act likely to infringe upon the privacy of personal data or harm the reputation of one or more other users or any other natural or legal person.
Each Member is bound and undertakes to keep his/her User ID and password, for which he/she is solely responsible, confidential. The Member agrees not to disclose his/her password to any other User, including any Member or third party and to notify Wari immediately of any unauthorized use of his/her Account or Reserved Area to WARI. If no such notification is made to WARI, any connection to the Member's Account shall be considered to have been made by the Member.
The Platform and Application, which includes all of the constitutive elements such as graphics, images, texts, logos, software and interfaces (hereafter called the "Content"), are protected by intellectual property rights and are the exclusive property of WARI and/or its partners.
Subject to the respect of the present GTU by the User, WARI authorizes the User to use the Platform and Application within the limits of their features and the present GTU and GTS.
Any use, including any reproduction, distribution, modification, retransmission or publication of the Content is strictly prohibited without the prior written consent of WARI.
He/she is also prohibited from, in particular:
- copying, modifying, creating a derivative work, assembling, decompiling (except in cases provided for by legislation), selling, assigning, sub-licensing or transferring any rights pertaining to the Content in any way whatsoever;
- modifying all or part of the Content in order to gain unauthorized access to the Platform in particular.
In consequence, any reproduction and/or representation, total or partial, of the Content, without the prior written authorization of WARI, is prohibited and would constitute an act of counterfeiting punishable as stipulated by the provisions of the Intellectual Property Code in particular.
Any unauthorized reproduction of literary, musical, audiovisual, photographic works and more generally of any work likely to be protected by intellectual property rights, accessible through the Platform, is prohibited, and may lead to civil and/or criminal prosecution, under the provisions of intellectual property, unless such reproduction is exclusively reserved for strictly private use.
Similarly, the User may not: (a) use a robot, spider, scraper or any other automated system to gain access to the Website, Application or Platform; and/or (b) delete or modify any copyright, brand or other proprietary notice or indication shown on such media storage support (or on printed pages).
WARI, or any other such rights holder, can take any measures or actions, including legal ones, to put an end to any infringement of his/her rights, in particular of intellectual property, and reserves the right to claim damages and interest in the event of such an infringement.
Cookies use data stored on the terminal equipment of an Internet user, and are used by the Platform to send information to the user's browser, enabling the browser to send information back to the original site.
The web browser used can be configured to notify the User of the presence of cookies and how to refuse them.
However, some features of the Platform may no longer be used if the User blocks or refuses their installation, in particular if technical means are used to prevent the installation of cookies.
The Platform contains links and pointers to other websites and Internet resources. WARI is in no way responsible for the content, resources or services provided by any other site to which hypertext links redirect the User and is not associated with such features.
Links to third-party websites can in no way be interpreted as creating any connection between the site administrator of such sites and WARI, nor as authorizing anyone to use a brand, trade name, logo or copyright symbol which is featured on or is accessible from such sites. Similarly, it cannot be interpreted as authorizing such sites to use a brand, trade name, logo or copyright symbol of WARI or its partners. For any comment or complaint in relation to such websites or their content, please contact the relevant site administrator directly.
Any creation of links to the Platform, all Platform framing and more generally any use of a constitutive element of the Platform is subject to the prior written authorization of WARI, which may be revoked at any time at the sole discretion of WARI.
WARI collects Personal Data of Users, in particular by means of access to the Platform, use of the Platform, the Application and the creation of Accounts, and then subsequently within the framework of access to and use of platform procedures, including actual access and management, the provision of Services, including Data and/or Account deletion as well as the use of Public Areas and/or Reserved Areas.
WARI undertakes to make every effort to ensure that User data, and in particular Personal Data, is kept confidential. WARI reserves the right to communicate such data only to its partners and subcontractors in conformity with applicable regulations. WARI requests them to therefore treat such data as confidential.
For more information concerning data protection, the User is invited to consult our Confidentiality Policy, which constitutes an integral part of the present GTU, in order to know the nature of processing of Personal Data carried out within the framework of his/her access to and use of the Platform and to know his/her rights concerning such processing.
The User acknowledges that he/she:
- uses the Platform and Application under his/her own responsibility;
- is responsible, in particular, for taking measures to counter the dangers of the Internet and for taking all necessary measures in order to protect his/her own data and/or software from contamination by any viruses which might affect his/her computer or any other IT equipment under his/her responsibility;
- is solely responsible for the means of access to the Internet, the Platform and Application.
Wari tries to ensure, as best as possible, the accuracy of information accessible via the Platform, but in no way guarantees that such information is accurate, complete or up-to-date.
In addition, Wari accepts no liability and cannot be held responsible for:
- interruption of the Platform, of the occurrence of dysfunctions or bugs, in particular, within the framework of relationships with third parties or for any damage resulting from fraudulent third-party or User acts;
- any damage, direct or indirect, whatever the cause, origin, nature, and consequences, resulting from, in particular, non-conform use of the Platform or Application in relation to the GTU, an Account or Reserved Area by a third party, in particular any third party to whom the Member had communicated his/her User ID or who had gained access to the Account by any means whatsoever and, in particular, as a result of a fault or negligence of the Member. Each User is responsible for the confidentiality of all data that he/she transmits to the Platform as well as his/her User ID and password.
In any event, the liability of WARI vis à vis any User, regardless of the nature, legal basis and type of legal proceedings taken, all giving rise to claims for losses and damages, cannot exceed one thousand (1,000) Euros in total. The conditions and limitations of liability applicable to the Services are incorporated in the GTS.
Both WARI and Users acknowledge and expressly agree that this limitation of liability reflects risk sharing between them and that this ceiling amount for liability is not derisory and does not contradict the scope of the essential obligations of WARI under the present GTU.
WARI CANNOT BE HELD LIABLE FOR A CAUSE ORIGINALLY RESULTING FROM A CASE OF FORCE MAJEURE OR ANY OTHER EVENT BEYOND ITS EXCLUSIVE CONTROL, INCLUDING ANY SUCH CASES OF FORCE MAJEURE OR EVENTS WHICH AFFECT ONE OF ITS SUBCONTRACTORS.
In addition, Wari notifies the User (and in particular Members) that it reserves the right, at any time and for any reason whatsoever, to implement any means to suspend or delete, without prior notice, access to all or part of the Platform and/or Application, and in particular for any conduct, observed or presumed, to be in breach of all or part of the GTU, explicitly or implicitly, without waiving its own rights to any damages and interest that WARI reserves the right to claim for from the User to cover any losses/damage suffered.
Use of the Platform is subject to the GTU in effect at the time of use.
The GTU is likely to be subject to updates by or on behalf of WARI without prior notice. The previous GTU is then terminated as of right and replaced by the new version that is immediately binding on the User. The date of the latest version is shown at the top of the GTU. WARI shall publish a notification on the Platform in the case of an update of the GTU. In order to be notified about any possible changes and updates, the User is recommended to review the GTU regularly and in particular when such an update is announced on the Platform.
The provisions of the GTU which, by their very nature or content are still intended to apply after termination of use of the Platform for any reason whatsoever, in particular the provisions of those paragraphs under "Responsibility", "Protection of your Personal Data" and "Intellectual Property Rights", shall remain in effect for the time period necessary for the execution of their purpose.
If one or more provisions of the GTU are deemed to be invalid or declared as such pursuant to a law, a regulation or following a final decision by a competent jurisdiction, the remaining provisions shall retain all their force and scope.
In the case of difficulty of interpretation between any headings above paragraphs and any of the ensuing paragraphs, the headings will be discarded and the content of the paragraph concerned shall prevail.
The present GTU and the documents to which they refer are governed by French law.
In the case of a dispute, the User undertakes to contact Wari as a priority in order to try to amicably resolve any point of contention likely to arise concerning the GTU.
FAILING AMICABLE AGREEMENT, ANY DISPUTE CONCERNING THE EXISTENCE, INTERPRETATION, EXECUTION OR BREACH OF THE GTU, EVEN IN THE CASE OF PLURALITY OF DEFENDANTS, SHALL BE SUBMITTED:
- IN THE CASE OF A DISPUTE WITH A TRADER, TO THE COMMERCIAL COURT OF PARIS;
- IN THE CASE OF A DISPUTE WITH A NON-TRADER, TO THE COMPETENT FRENCH COURT.