MATAKI CONSULTATION (“MATAKI CONSULTATION”, “We”, “We”, “Our”) invites you to read these General Conditions of Use, as well as the Privacy Policy and any other document they expressly refer to . They define the conditions of access and use of the products and services offered or operated by MATAKI CONSULTATION, including the products and services provided by a third party (“General Conditions of Use”, “Contract” or “Agreement”) to which you or any user you authorize through your account can access and use. Our products and services include the MATAKI CONSULTATION Application (“Application”), our website mataki.mobarni-ts.com, (“Website”) and any services we provide to you either through the Application or through the through our customer service practices (“Services”), either through third party service / content providers (“Third Party Providers”). Please read these Terms of Service carefully before starting or authorizing any user from your account to use our Application, Website and Services. By registering for the use of these products and services, you declare (i) to be at least 18 years old, (ii) to be completely free and independent in your judgment and not to be in conflict of interest in relation to healthcare professionals that you would refer, (iii) if you are a healthcare professional, make any declaration, access and use of the Website, the Application and the Services in accordance with the applicable law and regulations (including in particular , and without this list being exhaustive, the regulations applicable to healthcare professionals in matters of independence, advertising or communication, confraternity, prohibition of dichotomy or free choice of doctor by patients), and agree to ” be bound by these Terms of Service on your behalf and on behalf of any authorized user. If you do not agree to these Terms of Service, you must not access and / or use, nor authorize access and / or use of the Application, Website and Services. Please review these Terms of Service periodically for changes that we reserve the right to make at any time. These Terms of Service were last updated on November 15, 2021.
I. General provisions
I.1. Use of the Application, Website and Services
MATAKI CONSULTATION provides the Application, the Website and the Services to help people with certain chronic diseases find healthcare professionals, who are referred by users of our Application or our Website, as well as patient associations , events, products and services that may concern them. However, our Application, our Website and our Services do not in any way constitute an opinion, recommendation or guarantee of any kind in relation to the healthcare professionals, patient associations, events, products and services referred to therein or in relation to the quality. and / or the relevance of the care that could be provided to people consulting the healthcare professionals listed on the Application and the Website. We also cannot guarantee that you will successfully find your condition with the use of our Application, Website or Services. We may also use third parties, in whole or in part, to provide our products and services.
I.2. Registration
You must register for the Application, Website and Services and provide certain information about yourself. All information that we collect about you in connection with the Application, the Website and the Services is subject to our Privacy Policy. By using the Application, Website and Services, you consent to all actions we take with respect to your information in accordance with the Privacy Policy.You will be provided with a user account which requires a login (email address). ) and a password. You are responsible for all activities that occur through your user account. The information provided when opening your account is presumed to establish your identity. You can access your personal space by logging into the application and using your username and password. You may only use the Services in a personal capacity and you agree not to let any third party use them except to accept all the consequences. Any use of the Services with your username and password will be deemed to have been done by you.
You: (i) will be solely responsible
the accuracy, quality, integrity, legality, reliability and relevance of any data you provide; (ii) ensure the confidentiality of your password and information relating to your user account; (iii) do everything in your power to prevent unauthorized access to or use of the Application, the Website and the Services, and inform MATAKI CONSULTATION without delay of any unauthorized use. You should contact us immediately as soon as you know your account has been used without your consent. We will then take any appropriate action, in our sole judgment, including suspending your account / personal space .; and (iv) comply with all laws and regulations applicable to the use of the Application, the Website and the Services. I.3 Rules of use
The content (texts, courses, photos, videos, etc.) displayed on the Application and the Website may only be used for strictly personal purposes. Unless the terms of use of the Application and the Website provide otherwise, you agree not to reproduce and use the trademarks and logos present on the Application and / or on the Website. You also agree not to modify, assemble, assign, sublicense, transfer, copy, translate, reproduce, sell, publish, exploit and distribute in any format whatsoever, all or part of the information, texts, photos, images, videos and data present on the Application and / or on the Website. The violation of these mandatory provisions subjects you, and all responsible persons, to the criminal and civil penalties provided for by Nigerien law. Your use of the content made available on the site is your sole responsibility. The facts or the acts which you would have to carry out in consideration of this information can not engage any other responsibility than yours. You agree to act responsibly and to respect other users. You also agree to respect the rules of ethics, both IT and professional, and not to intentionally perform the following operations: communicate advertisements or spam other users; attempt or use a user account that does not belong to you; harass other users; upload or post content that is inappropriate for the site. Are excluded the contributions of a racist, pornographic, degrading, insulting character and those which violate the decent morals; download and / or reuse resources for which you do not have copyrights; communicate information: false, imprecise, deceptive; defamatory, slanderous or slanderous; that infringe copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties; that violate Nigerian and / or applicable law and regulations; which contain viruses, Trojans, “worms”, time bombs, “cancelbots” or any other computer program intended to damage or clandestinely intercept any computer system, data or personal information; attempt to mislead other users by usurping the identity or a corporate name or by damaging the image or reputation of other people and / or by posing as a third party or an employee, an authorized service or an affiliate of MATAKI CONSULTATION; disrupt, slow down, block or alter the normal flow of data exchanged within the framework of the Website and / or the Application; fraudulently access, maintain, hinder or disrupt MATAKI CONSULTATION’s information systems and in particular the servers and networks connected to the Website and / or the Application, or refuse to comply with the required conditions, procedures, rules general or regulatory provisions applicable to networks. You also declare that you carry out any referencing on the Website and / or on the Application in complete independence and in the absence of any conflict of interest.
I.4. Duration / Termination
The duration of this Agreement will begin upon your successful registration and activation of the Application, Website and Services by MATAKI CONSULTATION and will continue until termination of the Contract, unless otherwise provided during registration. . For parties subject to a limited duration, this Agreement will automatically renew for successive equivalent terms, unless terminated by either party as permitted herein. MATAKI CONSULTATION reserves the right to refuse the activation of a user for any reason whatsoever and / or may suspend and / or terminate your access to the Application, the Website and the Services if you ou (a) violate the terms of this Agreement, and / or if you (b) adopt any behavior that MATAKI CONSULTATION will determine at its discretion and which could have a negative effect on MATAKI CONSULTATION or its reputation and / or in the event of inactivity of your account for more than 12 months, without prejudice to the other rights of MATAKI CONSULTATION. You may terminate this Agreement for reasons of convenience by sending a written notice to MATAKI CONSULTATION or its third party or through the applicable cancellation process. MATAKI CONSULTATION may terminate this Agreement for convenience by giving thirty (30) days written notice. In the event of termination, you will no longer have access to the Application, Website or Services. In addition to termination, MATAKI CONSULTATION reserves the right to exercise all remedies available to it. In the event of termination, you will no longer have access to your data. However, MATAKI CONSULTATION will only be able to delete your data at the end of a reversibility phase. Reversibility corresponds to all the actions and arrangements that MATAKI CONSULTATION must take to transfer the necessary data to you. Upon termination, MATAKI CONSULTATION will inform you of the reversibility procedures. If you are silent for more than (15) days, MATAKI CONSULTATION sends you a notification. At the end of this procedure, either you have been able to respond and MATAKI CONSULTATION has provided you with the data, or you have not given any response to MATAKI CONSULTATION and we can then delete your data. Reversibility is free in principle. However, in the event of a special request or if MATAKI CONSULTATION should spend abnormally time on this procedure, then MATAKI CONSULTATION may invoice the time spent at a rate of 100 € HT / hour spent.
I.5. Intellectual property
Except for the limited license and rights of use expressly granted to you under this Agreement, all title and rights to the Application, Website and Services, including proprietary rights to patents (registrations, renewals and pending applications), copyrights, trademarks, trade secrets, MATAKI CONSULTATION or third party material, any other technology, any derivative and any notoriety associated with the foregoing is the exclusive property of MATAKI CONSULTATION and / or the third party concerned. The trademarks, the MATAKI CONSULTATION Application, the Website and the Service marks, the graphics and logos used in connection with the Application, the Website and the Services may be trademarks of their respective owners. You are not granted any right or license with respect to any of the above marks or the use of such trademarks. You acknowledge and agree that all texts, graphics, photographs, trademarks, logos, visual interfaces, illustrations, computer codes and any other related content contained in the Application, the Website and the Services are the property of MATAKI CONSULTATION, of its service providers or other third parties and are protected as such. Any reproduction, publication, subsequent distribution or public display of the material provided by the Application, the Website and the Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the Application, Website and Services and no content may be copied, reproduced, republished, downloaded, posted, displayed, publicly displayed, encoded, translated, distributed or transmitted from in any way (including “mirror sites”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written permission of MATAKI CONSULTATION or the owner concerned. MATAKI CONSULTATION is only responsible for its own content. Where MATAKI CONSULTATION provides access to online services / online stores of third parties via links, MATAKI CONSULTATION is not responsible for the content of such third parties. MATAKI CONSULTATION does not appropriate the content of others as its own. If the user considers that certain content violates his rights, he should report it to contact@mobarni-ts.com.
I.6. Uploaded content
If MATAKI CONSULTATION gives the user the possibility of publishing its content, for example by sharing it in a forum, the following general conditions apply: the general conditions of the user, uploaded content (comments, videos, photos) are available to all users. As an intermediary “host” within the meaning of Article 6 of the Law of June 21, 2004, MATAKI CONSULTATION declines all responsibility for the content, accuracy and form of this content. The user is responsible for its own content. With regard to the downloaded content, the user grants MATAKI CONSULTATION a non-exclusive, transferable right of use, reproduction, representation, adaptation, translation and exploitation (i.e. also for quotation and referencing purposes), for the duration of intellectual property rights protection, for the whole world and for all purposes, all purposes including free or expensive, all known or unknown media to date. MATAKI CONSULTATION is not obligated to make the content available. The user guarantees to MATAKI CONSULTATION that he will not download any content whose contribution, publication or use violates any applicable law or regulation or the rights of a third party and that the data the downloaded content does not infringe any third party right (in particular to intellectual property), and that it does not simply have a transitional right of use to reproduce, distribute or make available.
I.7. Confidentiality
We will use and protect your personal information in accordance with the Privacy Policy available on the Website and on the Application. You agree not to reveal or divulge any confidential information of MATAKI CONSULTATION, including non-public information relating to the Company, the Services, third parties, documentation or information relating to prices, discounts, this Agreement, other competition or property data (i.e. commercial, technical or financial information) or information that any reasonable person would consider confidential without the written consent of MATAKI CONSULTATION. Subject to the applicable terms and conditions set out in our Privacy Policy, any other communication or material that you send to us through the Application, the Website and the Services, such as for example questions, comments, suggestions or the like, is and will be considered non-confidential and we will have no obligation of any kind with respect to this information. We will be free to use the ideas, concepts, know-how or techniques contained in these communications in any medium, free of charge or not, for any purpose, including, but not limited to, development, the manufacture and marketing of products, both during the term hereof and at the end of its expiration. If, at the end of the Contract, you do not want us to continue such use, you should notify us by registered letter with request for acknowledgment of receipt.
I.8. Guarantee and Liability
The Application, Website and Services are provided “as is” and use of the Application, Website and Services is at your own risk. MATAKI CONSULTATION’s liability is limited to cases of premeditation or gross negligence. To the extent that is permitted by law, MATAKI CONSULTATION expressly disclaims all warranties and conditions, express or implied, including, but not limited to, warranties of title, quality, fitness for purpose or to a particular pathology, the accuracy, integrity or completeness of the content and the content of third parties or the fact that the Application, the Website or the Services will be error-free or uninterrupted. No oral advice or any written information given by the company, its officers, directors, employees, agents, or Third Party Suppliers shall constitute a guarantee. Subject to the foregoing, MATAKI CONSULTATION guarantees that you will be able to use the Services peacefully for the duration hereof subject to compliance with these, the law and regulations. As such, MATAKI CONSULTATION will bear all the sums, costs and expenses to which you would have been definitively condemned under any action, procedure or request based on a violation of an African industrial property right or an act of unfair competition, in relation to (i) a violation of these or (ii) the ownership and / or use of the Services by you, subject (a) that you have immediately alerted MATAKI CONSULTATION of such action, ( b) that you cooperate fully and provide all the information to MATAKI CONSULTATION and that MATAKI CONSULTATION has the monopoly of the argument before any court by any appropriate means. Unless prohibited by law, MATAKI CONSULTATION will in no case be liable for any (1) amount greater than the fees paid during the applicable period or (2) indirect, incidental, special, punitive, immaterial or consequential damages resulting from your use of or inability to use the Application, Website and Services, including, but not limited to, the fact that e you rely on any information obtained from the Application, the Website and the Services, regardless of the form of action. Within the limits of what is permitted by law, you will bear your responsibility, over time, all sums, costs, attorney’s fees and expenses that may be incurred or to which MATAKI CONSULTATION could be ordered. for any action, proceeding or request in connection with (i) a violation of this or the Privacy Policy, (ii) use of the Services and / or (iii) unauthorized use of the Services. No provision hereof may be interpreted or constructed as limiting or nullifying any right or guarantee offered by law and / or case law to consumers.
I.9. Various
All other users agree that all matters relating to access or use of the Application, Website and Services, including all disputes, will be governed by Nigerian laws regardless of its conflict provisions. MATAKI CONSULTATION’s failure to insist on strict compliance with these Terms of Use does not constitute a waiver by MATAKI CONSULTATION of any provision or any right of MATAKI CONSULTATION to apply these Terms of Use , and no action between MATAKI CONSULTATION and you or any other party will be deemed to modify any provision of these Terms of Use. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Service will not affect the validity or enforceability of any other provision of these Terms of Service. If any provision of these Terms of Use is declared void or unenforceable by a court or other competent tribunal, those provisions will be limited or removed to the minimum extent necessary and replaced by a valid provision best expressing the intention of the these Terms of Service, so that these Terms of Service will remain fully valid and in effect. The Application, Website and Services are not available to everyone, nor in all geographic locations. Any product or service offer is void where prohibited by law. Where these terms of use relate only to male natural persons, this reference applies to both men and women. When referring to separate natural persons, the corresponding gender format should be used. The parties acknowledge that they have agreed that this Agreement and all related documents will be drawn up in the English language and then translated into French.
II. The Application, Website and Services
Specific provisions
II.1. Use of the Application, Websites and Services during the term of this Agreement
MATAKI CONSULTATION grants you a non-exclusive license, a non-transferable, non-sublicensable, revocable and limited right in accordance with these presents to access and use the Application, the Website and the Services and any documentation made available to you by MATAKI CONSULTATION, solely for personal use of the Application, Website and Services, in accordance with the terms of this Agreement. The Application, Website and Services are accessible through technology, software and certain content delivered electronically. You agree not to reverse engineer, decompile, disassemble, translate or otherwise attempt to gain access to the source code of any part of the Application, Website and Services. You will not copy, reproduce, modify, alter, create derivative works or otherwise modify the Application, the Website and the Services. You may not rent, loan, sublicense, distribute or otherwise provide to others access to or with any part of the Application, Website and Services except to an authorized user. Except as expressly set forth in this Agreement, no license or other right in or to the Application, Websites and Services will be granted to you, and all such licenses and rights are expressly reserved by present.
III. Provisions specific to Third Party Suppliers
III.1. Use of the service / content by Third Party Suppliers. You acknowledge and agree that you may, during or in connection with your use of a Service, have the opportunity to obtain services from one or more Third Party Providers. Use of the services of these Third Party Providers will require your consent to certain additional terms and conditions provided by the Third Party Provider concerned. These additional terms and conditions will be made available to you when and if you use the services of the Third Party Provider.You acknowledge and agree that we may engage and incorporate the services / content of Third Party Providers to help us provide and / or improve the Services. You hereby consent and authorize us to delegate the permissions you grant to us to Third Party Suppliers as we deem necessary to provide the Services to you. You will only enjoy the services / content provided by Third Party Suppliers if you agree to their terms and conditions.
III.2. Compensation
You acknowledge that the Third Party Suppliers are independent contractors and that we have no control or supervision over the performance of the Third Party Suppliers in providing the Third Party Services / Content to you. You also acknowledge that we are not responsible for any activity that takes place as part of the services of third parties, even if you are logged in or linked to our Site. In the event that the performance of third party services requires disclosure and / or access to your content, you agree that you will not hold us responsible for any breach by Third Party Providers, including but not limited to y limit the loss and / or damage you may have suffered as a result of the disclosure and / or access to your content by Third Party Suppliers. You also acknowledge and agree that a Third Party Supplier may modify, change or discontinue, temporarily or permanently, the Third Party Services that you use, without notice. We will do everything in our power to notify you within a reasonable time if and when we become aware of any such change, modification, suspension and / or interruption of Third Party Services. Questions about the General Conditions of Use. Please send any comments, questions or complaints regarding our Terms of Service or any request to access or correct your personal information by email using the address below. You can also send written requests to withdraw your consent to the use of your personal information to the following address: contact@mobarni-ts.com.
© MOBARNI TECHNOLOGY SERVICES – November 2021