AfriqMarket
Quote

Terms of service

PREAMBLE

The AfriqMarket website, hereinafter referred to as “AfriqMarket”, is a website dedicated to connecting individuals and/or professionals with other professionals, offering several sections for obtaining information and a qualified directory of service providers, in order to make it easier to choose clients, partners or suppliers, as well as to sell their products or services.

AfriqMarket also allows its users to request quotes or assistance for services in the following areas: building works, personal services, insurance and finance, and business services.

ARTICLE 1: DEFINITIONS

  • “AfriqMarket”: the company that owns the AfriqMarket website.
  • “Client”: any natural or legal person initiating a quote request.
  • “Partner”: any natural or legal person using the AfriqMarket website to view or obtain quote requests.
  • “User”: means any person accessing or logging in to AfriqMarket, including robots.
  • “Site”: means the AfriqMarket website, accessible via the URL “www.afriqmarket.com” or any other URL offering our services.
  • “Robot”: means any device, whether software-based or not, automatic or semi-automatic, that performs tasks, simulates human reactions, interacts with servers or otherwise, and that is not a natural or legal person.
  • “Registration”: means the action or process by which the user opens a personal account.

ARTICLE 2: PURPOSE

The purpose of these general terms and conditions is to define the terms under which AfriqMarket makes AfriqMarket available to users and the conditions under which users access and use this website.

Any connection to the website www.AfriqMarket.com is subject to compliance with and unreserved acceptance of the general terms of use, which AfriqMarket reserves the right to amend or update at any time.

Registration on and use of www.AfriqMarket.com by the user requires full acceptance of the said terms.

Registration for and/or use of AfriqMarket’s services is prohibited for robots; connection to the site by robots is authorised solely for the referencing or indexing of AfriqMarket’s so-called public URLs. Consequently, the robot’s rights holders, that is to say any natural or legal persons who are behind the running or deployment of the robot, are legally liable and bear all the consequences arising from the running of the robot.

Registration for and use of the services are reserved for persons aged at least 18 years who are legally capable of entering into contracts under French law. Consequently, any use of AfriqMarket’s services by the user, whether in compliance with and unreserved acceptance of, or otherwise in breach of, the said general terms of use, engages the user’s liability, and the user shall acknowledge or be held legally liable and shall bear the resulting consequences.

Any failure to comply with these contractual clauses, as well as any breach of the general terms and conditions, would engage both the user’s liability and their permanent exclusion from the website “www.AfriqMarket.com”, without notice and at AfriqMarket’s initiative.

The user has read all the services offered by AfriqMarket on its AfriqMarket website, and acknowledges having received all the information necessary to assess the full range of AfriqMarket’s offers and the resulting consequences.

The user has been informed that the service(s) they intend to use must be directly consistent with their legal status or professional activity.

No general or specific terms and conditions appearing in documents sent or delivered by the parties may replace or supplement these terms of use.

ARTICLE 3: ACCESS TO THE SITE

AfriqMarket endeavours to keep the site accessible without interruption every day of the week and of the month, without however being bound by any obligation to achieve this, in particular owing to breakdowns and maintenance operations.

It is, however, specified that access to the site may be interrupted for the purposes of maintenance, updates, and for any other reason, in particular of a technical nature. AfriqMarket is in no way responsible for these interruptions or for any consequences they may have for the user.

The communication protocols used are those in use on the internet.

ARTICLE 4: SERVICES OFFERED AND PROVIDED BY AFRIQMARKET

AfriqMarket offers the user, without any subscription or membership fees and for an unlimited period, the opening of two accounts:

  • An account for individuals and businesses, reserved exclusively for quote requests.
  • A “partner” account intended for businesses and professionals, which allows them to submit a quote request, be listed in a directory, respond to quote requests and receive the client’s contact details.

AfriqMarket offers the following services:

  • Finding professionals and businesses able to provide quotes and carry out the projects of individuals and businesses in the following areas: personal services, building works, insurance and finance, business services.
  • Ordering a quote for the services offered by municipality, department or region.
  • Having businesses and professionals respond to quote requests.
  • Becoming a privileged member by opening a partner account reserved for businesses and accessible 24/7. The privileged partner is responsible for choosing their criteria, in particular selecting their geographical area and sector of activity, as well as the number of listings to be received per day.
  • Providing a list of quote requests and putting users in touch with an AfriqMarket adviser.
  • Receiving email alerts for listings that match the services requested.

AfriqMarket also undertakes to:

  • Provide the user with confidential login credentials enabling them to access their member account on AfriqMarket.
  • Provide a response to a quote request within 48 hours.
  • Provide up to 5 responses to a quote request. It is, however, specified that the user may renew their quote request and request a greater number of responses.

ARTICLE 5: PARTNER’S OBLIGATIONS

The partner undertakes to:

  • Be registered in the Trade and Companies Register or with the Chamber of Trades and provide their Kbis extract.
  • Hold up-to-date civil and professional liability insurance and provide proof thereof.
  • Draw up a free quote that complies with regulations before providing any service.
  • Issue an invoice consistent with the quote, any overrun of which has been accepted by the client.
  • Carry out the service in accordance with good professional practice on the agreed dates and within the agreed time frames.
  • Comply with the professional standards in force.
  • Serve the client to the best of their ability and honour their commitments to provide a quality service.
  • Provide truthful, accurate and complete information when signing up. In the event of any change to this information, the partner must inform AfriqMarket immediately. Where incorrect contact details are used to create an account, AfriqMarket reserves the right to delete the partner’s unwanted account without notice.
  • Ensure that the content of statements made on AfriqMarket complies with the laws and regulations in force. It is recalled that the user alone is responsible for the content they publish on the internet, and AfriqMarket shall in no case be considered responsible for the user’s content.
  • Inform AfriqMarket without delay of any change concerning their situation, activity and needs.
  • Not infringe AfriqMarket’s intellectual property rights on www.afriqmarket.com.

The partner account will only be approved after receipt and verification of the signed document “DOCUMENT NAME” and the Kbis extract

ARTICLE 6: CLIENT’S OBLIGATIONS

The client undertakes to:

  • Submit a quote request that corresponds to a genuine need and is neither misleading nor abusive.
  • Keep confidential the information to which they have had access on AfriqMarket.
  • Not use the information for purposes contrary to the law, customary practice or public morals.

A client who submits a quote request is bound by a duty of good faith towards both AfriqMarket and the professionals who respond to quote requests, and guarantees that the service requested is genuine.

The client shall refrain from initiating a quote request for services other than those offered by www.AfriqMarket.com.

ARTICLE 7: USE OF LOGIN DETAILS AND PASSWORDS

To use the services offered by www.AfriqMarket.com, the user may log in by entering their email address and password, which are personal and confidential. The user is solely responsible for keeping them safe and for their use. Any use of passwords and login details is made under the user’s sole responsibility.

It is expressly agreed that any connection to the service or transmission of data carried out using the user’s password or login details shall be deemed to have been carried out by the user themselves or by authorised persons.

AfriqMarket accepts no liability in the event that data and information in responses to quote requests are modified by a third party who has obtained the confidential codes or login details in any manner whatsoever.

In the event of loss or theft of their password or login details, or their disclosure by the user to unauthorised persons, the user must inform AfriqMarket immediately and without delay by electronic means.

AfriqMarket will then block access to AfriqMarket from receipt of the notification and, in any event, within a period not exceeding two days.

The user may change their contact details or other personal information either by sending an email via the contact form available at [www.afriqmarket.com/contact], or from the “My Account” section of the site.

ARTICLE 9: DURATION OF A QUOTE REQUEST

A quote request may not last longer than one month. At the end of this period, the user may renew their request.

ARTICLE 10: FORCE MAJEURE

Cases of force majeure shall suspend use of the site.

In addition to those usually recognised by the case law of the French courts and tribunals, the following are expressly deemed to be cases of force majeure or fortuitous events: total or partial strikes, whether internal or external to the company, lockouts, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failures, telecommunications blockages, including PTT networks, and any other event beyond the express control of the parties preventing normal use of the site.

ARTICLE 11: ACCOUNT TERMINATION

In addition to the sanction set out in Article 2 in the event of failure to comply with or breach of the general terms of use, AfriqMarket may also, automatically and without prejudice to any damages, refuse access to the site to any user who has committed an act of:

  • Hacking.
  • Use or attempted use, for unlawful purposes, of information originating from the website www.afriqmarket.com.

The user may also close their account at any time.

ARTICLE 12: PRICING

Use of the “Quote request” option, subject to first opening an account, is free of charge for any natural or legal person; the same applies to the directory of professionals and the telephone support provided by AfriqMarket’s services.

Robots are authorised solely for referencing or indexing.

AfriqMarket’s remuneration derives from the purchase of AfriqMarket credit packs by the service’s partner businesses; these credits enable them to be put in touch with AfriqMarket members requesting quotes.

One credit unit corresponds to the sum of €1 including VAT.

Purchased credits are valid for one year and are non-refundable.

The purchase of a response to a quote request may under no circumstances be withdrawn.

Responding to a quote request consists of:

  • Obtaining the client’s contact details.
  • Drawing up a quote for the user’s request.

AfriqMarket is paid by means of payment instruments such as PayPal.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

This entire site is governed by French and international legislation on copyright and intellectual property.

The content (in particular data, soundtracks, information, illustrations, logos, trademarks, etc.) that appears on or is available on the website www.afriqmarket.com is protected by copyright and other intellectual property rights, and is the exclusive property of AfriqMarket.

Any representation and/or reproduction and/or exploitation, in part or in whole, of this site, including downloadable documents and iconographic and photographic representations, by any process whatsoever, without the express prior authorisation of AfriqMarket is prohibited and would constitute an infringement within the meaning of Articles L 335-2 et seq. of the Intellectual Property Code.

By way of derogation from the preceding provisions, and in particular for educational use, reproduction of the texts on this site on paper is authorised, subject to compliance with the following three conditions: distribution free of charge; respect for the integrity of the documents reproduced, with no modification or alteration of any kind; respect for copyright, with clear and legible citation of the source, which must include the site’s internet address. The logos are registered trademarks.

Any representation and/or reproduction and/or exploitation, in part or in whole, of these trademarks is therefore prohibited without the prior written consent of AfriqMarket. Hyperlinks set up within the site to other sites and/or personal pages and, generally, to any resources existing on the internet shall not engage the liability of AfriqMarket. The capture of personal information to enrich databases, for example for commercial or advertising purposes, is prohibited.

The user is strictly prohibited from allowing anyone to benefit from all or part of the services offered and provided by www.afriqmarket.com.

The elements presented on this site are subject to change without notice and are made available without any warranty of any kind, express or implied, and may not give rise to any right to compensation.

Infringement of any of the copyrights in the work constitutes the offence of counterfeiting, punishable under Article L.335-2 of the French Intellectual Property Code by 2 years’ imprisonment and a fine of €152,450.

ARTICLE 14: USE OF DOCUMENTS

None of the documents from the website www.afriqmarket.com may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner whatsoever, except where the documents are simply saved on a personal computer for personal, non-commercial use. The user must therefore keep all proprietary notices intact. Altering or modifying these documents, or using them for any other purpose, constitutes an infringement of the property rights of AfriqMarket or of third parties.

ARTICLE 15: EMAILS

To correspond with AfriqMarket by email, the user must complete the contact form.

Replies sent by AfriqMarket to emails may not be treated as, or constitute evidence of, the conduct of any advertising, promotional or commercial activity in the territory of the country to which the replies are sent.

ARTICLE 16: PROTECTION AND PROCESSING OF PERSONAL DATA

The AfriqMarket website team pays particular attention to complying with the legal obligations of any website publisher and follows the recommendations of the French National Commission on Information Technology and Civil Liberties (CNIL).

ARTICLE 17: COMPLIANCE WITH APPLICABLE LAWS

The website www.afriqmarket.com respects the user’s privacy and complies strictly with the laws in force on the protection of privacy and individual freedoms.

Accordingly, no personal information is collected without the user’s knowledge or transferred to third parties, unless such disclosure is required by law or forms part of an investigation or of judicial or administrative proceedings.

Emails, email addresses and other personally identifiable information received by this website are stored securely, are accessible only to designated staff or authorised agents, and are used exclusively for the purposes of certain services of this website. They are not exploited in any other way and are retained only for the time necessary to process them.

However, www.afriqmarket.com may use the information provided by users, for example to provide a service or to inform users about new programmes or new features of the website. All lists used are compiled and managed under strict conditions designed to guarantee the security and confidentiality of personal information. The user may at any time request a copy of their personal information and ask for it to be corrected or removed from the database.

ARTICLE 18: RIGHT OF ACCESS AND RECTIFICATION

In accordance with the legislation in force, the client has the right to access, modify, rectify and delete personal data concerning them. The user may exercise their right of access, modification and rectification from the “My Account” section of the website.

The user may exercise their right to deletion by sending us their request by email or in writing to the following address: AfriqMarket – 24 RUE LAMARTINE 38320 EYBENS, FRANCE.

AfriqMarket and AfriqMarket further undertake to take all appropriate precautions to protect the personal data processed by their services and, in particular, to prevent such data from being distorted, damaged or disclosed to unauthorised third parties.

ARTICLE 19: CNIL DECLARATION

The website www.afriqmarket.com has filed a declaration of the automated processing operations carried out in connection with websites with the French National Commission on Information Technology and Civil Liberties (CNIL), and this declaration is registered under declaration receipt no. 1158411.

ARTICLE 20: COOKIE POLICY

When browsing the website, users leave digital traces. This set of information is collected by means of a connection tracker known as a “cookie”, which does not, however, contain any personal information.

In order to improve the usability of and navigation within the website, its editorial content and the service provided to users, the statistics management tool of the website www.afriqmarket.com stores information relating to users’ profiles: equipment, browser used, geographical origin of requests, date and time of connection, navigation on the website, frequency of visits, etc. These connection data are used for statistical extraction and are retained for one year.

The user may refuse the recording of these data by changing the settings of their computer’s browser, which allows or blocks the recording of cookies. Cookies may be refused or deleted without this having any effect on access to the pages of the website. To object to the recording of cookies or to be notified before accepting cookies, AfriqMarket recommends reading the section dedicated to cookies.

AfriqMarket and AfriqMarket make no commitment regarding any other website that the user may access via this website, it being expressly noted that a link to such a website in no way means that AfriqMarket assumes any responsibility for the content of such a website or for any use that may be made of it, as AfriqMarket exercises no control over third-party websites.

ARTICLE 21: LIMITATION OF LIABILITY

AfriqMarket undertakes to exercise all customary care to ensure the proper functioning of its AfriqMarket website.

It is expressly agreed that AfriqMarket is subject to an obligation of means (best-efforts obligation) in connection with the use of its website.

Likewise, AfriqMarket shall in no event be liable if the client could not be contacted because of incorrect contact details.

Nor shall AfriqMarket be held liable in the event of no responses or a low response rate to a quote request initiated by the client.

In no event shall AfriqMarket be liable for damage which is expressly agreed to be indirect, such as commercial loss, loss of customers, loss of profits, commercial harm, loss of orders, any commercial disruption whatsoever, or damage to brand image suffered by the user.

Any action brought against the user by a third party is deemed to be indirect damage and accordingly gives no entitlement to compensation.

AfriqMarket shall in no event be liable if the partner that submitted an offer is not selected by the client.

Nor shall it be held liable for any damage suffered by users or third parties as a result of failure to comply with these general terms and conditions.

AfriqMarket does not take part in any negotiations that may arise from the quote request between the client and the partner and is accordingly not liable for any disputes that may arise between them in the negotiations and contracts resulting from the quote request.

The user is solely liable for any direct or indirect, material or non-material damage caused by the user or by any of their employees to AfriqMarket, to third parties or to other users as a result of the use of AfriqMarket. The user may be ordered to pay compensation to AfriqMarket for any damage caused.

AfriqMarket cannot be held liable in the event of legal proceedings against its user arising from the use of AfriqMarket.

AfriqMarket shall in no event be liable for the misuse or unauthorised use of the user’s username or password. Should AfriqMarket be found liable, for any reason whatsoever, any compensation or damages that AfriqMarket may be required to pay shall not exceed the amount of the usage fee paid by the user for the transaction concerned.

AfriqMarket shall in no event be liable for any incorrect and/or false information or statements of any kind that its users may send to it or that users may enter directly on the website www.afriqmarket.com, nor for any damage caused by the use of such information.

The documents and information published on AfriqMarket are provided “as is”, without any express or implied warranty of any kind whatsoever. AfriqMarket reserves the right to modify or correct the content of its website at any time without notice. AfriqMarket cannot be held liable in the event of contamination of users’ computer equipment resulting from the spread of a virus or other computer infections. It is the responsibility of the user of this website to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the internet.

In no event shall AfriqMarket, its employees, its suppliers or the partners mentioned on its website be held liable, whether in an action for contractual liability, in tort or in any other action, for any direct or indirect, incidental or consequential damage, or damage of any nature whatsoever, or for any loss, in particular of a financial or commercial nature, resulting from the use of its website or of any information obtained on its website.

AfriqMarket may contain simple links or deep links to websites of AfriqMarket partners or of third parties. AfriqMarket exercises no control over these websites and accordingly assumes no responsibility for the availability of these websites, their content, advertising, products and/or services available on or from these websites.

Accordingly, AfriqMarket shall in no way be liable for any direct or indirect damage that may arise from the user’s access to the partner’s website or the use of that website, from any failure of the content and services to comply with any regulations, or from any infringement of the rights of third parties.

AfriqMarket disclaims all liability for the information, materials and software of websites linked to AfriqMarket by hyperlink.

ARTICLE 22: USE OF THE FRENCH LANGUAGE, VALIDITY AND FREE DISSEMINATION OF INFORMATION

In compliance with the legal framework of the circular of 7 October 1999 on public websites of public services and institutions, AfriqMarket clearly displays on each page the source of the information published and the date on which the pages were last updated. Particular effort is made to explain the acronyms used and to limit their use as far as possible.

ARTICLE 23: WEBSITE ACCESSIBILITY

Particular care is taken to make AfriqMarket as accessible as possible, especially to people with visual impairments. The pages are being progressively brought into line with the recommendations of the general accessibility framework for the online services of the French administration, in order to comply with Law no. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities.

ARTICLE 24: JURISDICTION AND APPLICABLE LAW

Any dispute relating to the website or to this legal notice brought before a court shall be governed by French law.

In the absence of an amicable agreement between the parties to the dispute concerning the interpretation or performance of these general terms of use, any dispute shall be brought before the courts of Paris.

Use of AfriqMarket signifies express agreement to the application of this jurisdiction clause. Should any provision of this legal notice be held to be unlawful, void or unenforceable for any reason whatsoever, it shall be deemed not to form part of this legal notice and shall not affect the validity or application of the other provisions.

ARTICLE 25: ELECTRONIC SIGNATURE

The validation of information or of a service by the user by means of a “single or double click” constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

ARTICLE 26: RISK OF INTRUSION

AfriqMarket undertakes to make every possible effort to put in place procedures to limit the risks associated with intrusions, hacking or the insertion of viruses on its server and/or on AfriqMarket, and to secure the content of AfriqMarket as far as possible, in particular in terms of confidentiality and integrity.

In this context, AfriqMarket undertakes to implement effective technical means to prevent any risk of fraudulent intrusion into AfriqMarket.

However, it is clearly understood that AfriqMarket cannot commit to an absolute guarantee, insofar as the internet is an open network that is inherently exposed to such risks; the parties to the transaction declare that they are aware of these risks and accept them.

ARTICLE 27: RULES FOR INTERNET USE

The user declares that they accept the characteristics and limitations of the internet and, in particular, acknowledges that AfriqMarket assumes no responsibility for the services accessible via the internet and exercises no control of any kind over the nature and characteristics of the data that may pass through its server centre.

The user acknowledges that data circulating on the internet are not protected, in particular against possible misappropriation. The presence of the logo establishes a rebuttable presumption of validity. The communication of any information that the user considers sensitive or confidential is at the user’s own risk.

The user acknowledges that data circulating on the internet may be subject to regulations on their use or be protected by property rights.

The user is solely responsible for the use of the data they consult, query and transfer on the internet.

The user acknowledges that AfriqMarket has no means of controlling the content of services accessible on the Internet.

AfriqMarket may, as of right, modify its service without any formality other than incorporating such modifications into the online general terms and conditions. The user expressly acknowledges AfriqMarket’s right to modify the service with regard to the structure and presentation of the website www.afriqmarket.com and the addition of new features or services.

The user declares that they are aware of the lack of reliability of the internet, particularly in terms of:

  • Relative security in the transmission of data.
  • No guarantee of continuous access to the service.
  • No guarantee of performance in terms of volume and speed of data transmission.

It is the user’s responsibility to define and implement the technical means they consider most appropriate to preserve the integrity, authentication and confidentiality of the information, files and data of any kind that they wish to place on the internet, in compliance with the applicable regulations, in particular those relating to the secrecy of correspondence and cryptology.

The user shall not transmit over the internet any data that is prohibited, unlawful, illegal or likely:

  • To constitute an abuse of rights.
  • To be contrary to public order and/or morality.
  • To be used to make threats or exert pressure of any nature, form or purpose whatsoever.
  • To infringe or conflict with any intellectual or industrial property rights or copyright.
  • To have been obtained or used as a result of a petty offence, a serious crime or a misdemeanour.

ARTICLE 28: PUBLISHER’S LIABILITY

The information and/or documents on this website and/or accessible through this website come from sources considered to be reliable.

However, this information and/or these documents may contain technical inaccuracies and typographical errors.

AfriqMarket reserves the right to correct them as soon as such errors are brought to its attention.

It is strongly recommended that you check the accuracy and relevance of the information and/or documents made available on this website.

The information and/or documents available on this website may be modified at any time and may have been updated. In particular, they may have been updated between the time they were downloaded and the time the user reads them.

The information and/or documents available on this website are used under the full and sole responsibility of the user, who bears all the consequences that may result therefrom, without AfriqMarket being held liable in this respect and without recourse against it.

AfriqMarket shall in no event be held liable for any damage of any nature whatsoever resulting from the interpretation or use of the information and/or documents available on this website.

ARTICLE 29: MISCELLANEOUS PROVISIONS

These terms of use may not be assigned in whole or in part, whether for consideration or free of charge.

Should any provision of these general terms of use be void, it shall be deemed unwritten and shall not render the other provisions void.

In the event of any difficulty of interpretation between the headings and the clauses, the clauses shall prevail over the headings.

Any waiver of a breach by one of the parties must be express.

The parties elect domicile at their registered offices.

To be valid, all notifications must have been sent to the address of domicile.

ARTICLE 30: BLOCTEL

The new opt-out list for telephone canvassing as of 1 June 2016.

Canvassing will remain permitted in the following situations:

“where there is a pre-existing contractual relationship” (for example, your bank may continue to call you to make you offers) with a view to the supply of newspapers, periodicals or magazines, by polling institutes or by non-profit associations, provided that it does not constitute commercial prospecting.

However, by accepting these general terms of use, you agree to be called by our services in order to verify the information in your quote request, and you also agree that our partners may call you back in order to offer you a quote.

If you have registered your number on the BLOCTEL opt-out list, you waive your right to object so that we may contact you.

ARTICLE 31: LEGAL NOTICE

This website www.afriqmarket.com is the property of SENMARKETING DIGITAL, registered under Siret number: 797 737 004 00029.

REGISTERED OFFICE: 24 RUE LAMARTINE 38320 EYBENS, FRANCE