GED CONGO – TERMS AND CONDITIONS
1. GENERAL
1.1 The Groupe Européen de Développement Congo SARLU (“GED Congo”) website is owned by GED Africa Ltd, with its registered address at 2nd Floor, The Axis, 26 Cybercity, Ebene, Mauritius, 72201 (hereafter referred to as “GED Africa”). For the purposes of the Ged Congo website terms and conditions “GED”, “we”, “us” or “our” refers to GED Congo.
1.2 These terms and conditions outline the rules and regulations for the use of the GED Congo website located at https://congo.gedafrica.com and includes all other mobile-related use, media channels, supplementary material, media form, or otherwise connected thereto.2. INTERPRETATION AND ENFORCEMENT
The interpretation and enforcement of these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius (“Mauritius”). To the extent that any provision contained in these terms and conditions are in conflict with the laws of the Democratic Republic of the Congo (“DRC”), such provision should be interpreted in a manner consistent with the laws of the DRC in so far as may be necessary to eliminate the contradiction, while preserving the intent and purpose of these terms and conditions.3. APPLICABILITY AND TERMINATION
3.1 These terms and conditions shall be and remain applicable to any individual who visits the website, remains a client or contact and continues to apply to any situation where an individual views or has viewed our website (“you” or “user”). It will also apply to any individual who views or interacts with our website through another individual’s computer, phone, laptop, monitor, screen, tablet, or any other similar device.
3.2 This website is intended for users who are 18 years or older. Anyone who is under 18 may not use or register on the website (should such registration be or become required). Any personal data collected as a result will be dealt with in terms of our procedures found in our Privacy Policy. Guardians or parents may request that their child’s data be immediately removed, we will do our best to erase such data from our record.
3.3 We reserve the right to block an individual from using our website where applicable without providing reasons. Some standard reasons may include the breach of these terms and conditions or any applicable law. The decision to delete content on our website remains our sole discretion.4. ACCEPTANCDE OF TERMS AND CONDITIONS
4.1 By accessing this website, you represent that you have the requisite legal capacity and indicate your agreement to be bound to all terms, conditions and notices contained or referenced herein.
4.2 If you do not agree to these terms and conditions, do not access, use, download, copy or distribute any of the content on the GED Congo website. Any delay in leaving and terminating use of the website shall be regarded as the user’s full and unconditional understanding and acceptance of these terms and conditions.
4.3 The information provided on the site is not intended to be distributed or used by any entity or person located in a different jurisdiction or country where the distribution or use of our site would be unlawful or would subject us to any registration requirements of that jurisdiction. Any individual or entity who accesses our site from a different country does so at their own risk and remains responsible for complying with the laws of that jurisdiction.5. INTELLECTUAL PROPERTY RIGHTS
5.1 The GED Congo website is our propriety property and includes all the coding, data, functions, software, design, audio, video, and texts which are collectively referred to as (“Website Content”). Any trademarks, service marks or logos referred to collectively as (“Marks”) are either owned or licensed to us.
5.2 All Website Content or Marks are protected by copyright and trademark laws within our jurisdiction and any international copyright laws and relevant conventions in terms of which this jurisdiction is a member.
5.3 All Website Content and Marks are provided “as is” for your information and personal use only. Website Content and Marks may not be replicated, copied, republished, sold, leased, transmitted, translated, uploaded, distributed, licensed, or used for any other similar commercial purpose without prior agreement or expressed written consent from GED Congo.
5.4 By submitting reviews, comments and/or any other content (other than your personal information) to GED Congo for posting on the website, you automatically grant GED Congo and its affiliates and subsidiaries a non-exclusive, royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. You represent and warrant to GED Congo that you have the right, title and authority to grant such licence to GED Congo.
5.5 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this website is granted to you.
5.6 Except with GED Congo’s express written permission, no proprietary material from this website may be copied or retransmitted.
5.7 Irrespective of the existence of copyright, you acknowledge that GED Congo is the proprietor of all material on the website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
5.8 GED Congo authorises you only to view, copy, temporarily download to a local drive and to print the content of this website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
5.9 We respect the intellectual property rights of others. If you believe that any material available on or through our website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our website infringes your copyright, you should consider contacting an attorney first.6. LIMITED LIABILITY AND INDEMNIFICATION
6.1 GED Africa as well as any of its employees, partners, subsidiaries (including GED Congo), directors, shareholders, or agents shall not be liable to any website user or third party for any direct, indirect, special, punitive or consequential losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it, including loss of profit, whether based on breach of contract, negligence, product liability or otherwise.
6.2 You indemnify GED Africa, our subsidiaries (including GED Congo), partners, agents, employees, and affiliates from any cause of action or against any liability in the form of financial or emotional loss, pain and suffering, damage, demand or any reasonable attorney fees or expenses arising from any breach of these terms and conditions. You indemnify GED Congo from the above due to any contribution, use of the website, breach of terms and conditions, breach of intellectual property rights, breach of user rights or any other delictual claim that may arise against GED Congo and its stakeholders mentioned above.7. RESTRICTIONS
7.1 The website may not be used for any commercial purpose other than what is permitted in our terms and conditions or approved by GED Congo in writing.
7.2 As a user of our website, you agree that you shall not, personally, nor through a third party:
7.2.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these terms and conditions;
7.2.2 decompile, disassemble or reverse engineer any portion of the website;
7.2.3 write and/or develop any derivative of the website or any other software program based on the website;
7.2.4 modify or enhance the website;
7.2.5 without GED Congo’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website by persons other than the user;
7.2.6 remove any identification, trademark, copyright or other notices from the website;
7.2.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
7.2.8 notwithstanding anything contained to the contrary in these terms and conditions, use the website for any purpose other than personal, non-commercial and information purposes.
7.3 Any restrictions on the use of the website or the content shall also apply to any part of the website or the content of the website which may be cached when using the website or the content of the website.
7.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any content in breach of the terms and conditions.8. USER DATA
The website user waives the right to institute a claim against GED Congo for any corruption, loss or stolen data arising from the use of our website. All data transmitted to the website is the sole responsibility of the website user.9. THIRD PARTY WEBSITES AND CONTENT
9.1 GED Congo may provide links to third party websites on the website. These links are provided to the user for convenience purposes only and GED Congo does not endorse, nor does the inclusion of any link imply GED Congo’s endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
9.2 While GED Congo tries to provide links only to reputable websites or online partners, GED Congo cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of GED Congo. GED Congo is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the website.
9.3 GED Congo does not editorially control the content on such target sites. You agree that GED Congo shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the website. Any dealings that you may have with any linked websites, including advertisers, found on the website, are solely between you and the third party website.
9.4 GED Congo does not warrant or guarantee that the links to third party websites are free from virus or other malicious software and you undertake to click on any such link at your own risk.10. SITE MANAGEMENT
10.1 GED Congo reserves the right to:
10.1.1 monitor the website for violations of these terms and conditions;
10.1.2 take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including, without limitation, reporting such user to the relevant law enforcement authorities;
10.1.3 in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributed Content or any portion thereof;
10.1.4 in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
10.1.5 disable all files and content that are excessive in size or are in any way burdensome to our systems; and
10.1.6 otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.11. PRIVACY POLICY
11.1 We care about data security and privacy. Please read our Privacy Policy [insert link].
11.2 By using our website, you agree to be bound by our Privacy Policy, which is incorporated into these terms and conditions. Please be advised this website is hosted in the Republic of South Africa. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Republic of South Africa, then through your continued use of the website, you are transferring your data to the Republic of South Africa, and you agree to have your data transferred to and processed in the Republic of South Africa.12. MODIFICATIONS AND INTERRUPTIONS
12.1 We reserve the right to, at any time, and at our sole discretion, attend to any of the following without prior notice:
12.1.1 change these terms and conditions;
12.1.2 change or remove content accessible on the website;
12.1.3 change or discontinue any aspect of the website or services accessible on this website; and/or
12.1.4 change the software and/or hardware required to access or use the website.
12.2 Your continued access or use of the website, content and/or services will be subject to the terms in force at the time of your access or use. If you do not agree with any updates, amendments, or modifications, you must discontinue the use of the website, content of the website, and/or services.
12.3 While we endeavour to ensure that the website is available at all times, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.
12.4 We are not liable for any loss arising due to any interruptions, delays, technical issues, viruses, or cyber-attacks on the website. All cybercrime-related instances will be dealt with in terms of the procedures provided for in the Cybersecurity and Cybercrime Act 16 of 2021 of Mauritius (“CCA”). These terms and conditions do not require the website to continue unaffected.13. SEVERABILITY
If any part, term or provision of these terms and conditions is held to be illegal, in conflict with any law or otherwise invalid by a court of competent jurisdiction, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the terms and conditions did not contain the particular part, term or provisions held to be illegal or invalid.14. GOVERNING LAW
14.1 These terms and conditions shall be governed by Mauritian law and specifically the Electronic Transactions Act 23 of 2000 (“ETA”). GED Congo and the user consent to the jurisdiction of the Mauritian courts to resolve any dispute or claim arising from these terms and conditions. Any dispute resolution, arbitration or negotiations shall be set up following the procedures provided for in the Mauritian legal system. The parties however agree to first attempt to resolve the matter through dispute resolution, arbitration or negotiations before approaching a formal court of law.15. DISPUTE RESOLUTION
15.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
15.2 Binding Arbitration
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the Mauritius International Arbitration Centre. The number of arbitrators shall be 1 (one). The seat, or legal place, of arbitration shall be Mauritius. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Mauritius.
15.3 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect the validity of any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
15.4 If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.16. DISCLAIMER
16.1 The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16.2 While we endeavor to ensure that the information on the website is correct, we do not warrant the accuracy and completeness of the material on the Website, especially relating to any project facts stated on our website. Users acknowledge and agree that their use of the website and reliance on any information obtained through it is at their own risk. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the website, including but not limited to errors, inaccuracies, interruptions, delays in operation, or transmission, loss or corruption of data, or unauthorized access to or alteration of user transmissions or data, even if we have been advised of the possibility of such damages. Users specifically acknowledge that we are not responsible for the conduct of any users of the website, or the accuracy of any information posted by users or third parties. By using the website, users agree to waive any claims against GED Congo and its officers, partners, subsidiaries, employees, and agents arising from or related to their use of the website.
16.3 Users are solely responsible for all data transmitted through the website or related to any activity undertaken. Users agree that GED Congo is not liable for any loss or corruption of such data on the website, and users hereby waive any right of action against us arising from any such loss or corruption of data. The terms and conditions apply to the entire GED Congo website as well as the media hub tab located on our website.17. ELECTRONIC SIGNATURES
17.1 All users of the website agree to the use of electronic signatures, contracts, notices, records, and any similar electronic document. Electronic Signatures satisfy any written signature requirement in terms of section 8 of ETA. Furthermore, any electronic document meets any legal or statute requirement that it be in writing.
17.2 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.18. SITE OBSERVATION AND USER DATA
18.1 We have the right to monitor activity and contributions on our website and report any illegal activity discovered on our website to remain compliant with the CCA. This is done to ensure the website remains functional and free from unwanted content or activity. Any decision made on the website may be done so without first giving reasons to any impacted user.
18.2 We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.19. MISCELLANEOUS
The terms and conditions or any other rules that relate to our website constitute the entire agreement between the user and GED Congo. Our failure to enforce or exercise any right in our terms and conditions shall not act as a waiver of such rights. We shall not be liable for any damage, loss, delay, or failure to act caused by any factor beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between GED Congo and the user due to our terms and conditions. By using our website, you waive all possible defences available based on the electronic nature of these terms and conditions and lack of signing.20. CONTACT US
20.1 If you have any complaints, enquiries or suggestions relating to the website and its terms and conditions, do not hesitate to contact us.Groupe Européen de Développement Congo SARLU
Index Building, 7th Floor
Office 701, 1344 Avenue Idiofa, Lubumbashi
Democratic Republic of the Congo
+27 82 599 3393
kimberley@gedafrica.com
