General Terms of Use
Last updated: August 17, 2023
OBJECT
- This website (hereinafter the “Website”) is the corporate website of the company Société de Distribution de Produits Maraichers et Horticoles du Maroc Disma International operating under the trade name « Azura Group » (hereinafter “Azura”, “us” or “our”).
Access, consultation, browsing and/or use of the Website implies full acceptance of these General Terms and Conditions (hereinafter the “GTC”), which defines the terms of use of the Website by any person accessing, consulting, browsing and/or using all or part of the Website (hereinafter “User“).
Therefore, before any use of the Website, the User is invited to read these GTC. If the User refuses all or part of the provisions of these GTC, he/she is requested not to use the Website.
These GTC are accessible at any time on the Website. The French version of these GTC will prevail over any other version or any other contradictory document.
Should you have any questions, you may contact Azura through. The the site’s contact form provided on the Website.
2. WEBSITE ACCESS
Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for the good running of the Website.
The User acknowledges having the skills and means necessary to access and use the Website. In this respect, the User must have a computer, mobile phone, tablet or any other device with an Internet connection, the settings of which enable the proper functioning of the Website.
In general, the User declares that he/she is aware of the risks associated with browsing websites and using online services and accepts them. In particular, the User acknowledges that the information that passe through or are stored there may be intercepted or altered independently of the will of Azura. As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself against the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, mobile phone, tablet or any other device (for example by installing regularly updated virus detection software).
3. SERVICES PROVIDED ON THE WEBSITE
3.1. Conditions of access to the services provided on the Website
To access and benefit from the services offered on the Website, the User must:
- have the necessary legal capacity and status to access the Website and its services; and
- use the Website and its services in accordance with the GTC
To access certain Website’s services, the User must fill in the mandatory fields of the form attached to the request service (such as contact form or job application form). The User undertakes to provide accurate, complete and up-to-date information when completing these forms. For further details on how Azura processes personal data, the User is invited to consult the Privacy Policy.
3.2. Services available on the Website
Through the Website, the User may in particular:
- access information about the Azura Group and its activities;
- contact Azura for any request for information or clarification;
- view current job opportunities within the Azura Group and submit an application where applicable.
4. GENERAL OBLIGATIONS OF THE USER
The User undertakes to use the Website in a manner consistent with these GTC.
In particular, the User shall refrain from:
- using the Website for commercial purposes, direct marketing, solicitation or advertising.
- engaging in any conduct that may compromise the integrity, functioning or security of the information system supporting the Website;
- attempting any intrusion or unauthorized access into Azura’s information systems;
- breaching or attempting to breach the Website’s security measures;
- collecting, extracting or using, in any way whatsoever, information or content available on the Website;
- and more generally, acting in a manner likely to infringe the rights and interests of Azura or any third party.
In the event of a breach of these GTC or of any applicable law, including any unauthorized use of the Website detected by Azura, the latter reserves the right to terminate this contractual relationship automatically, without prior notice or compensation, and to block any future access by the User to all or part of the Website.
5. INTELLECTUAL PROPERTY RIGHTS
The Website and all its components, or any elements made available to Users — including, without limitation, trademarks, logos, photographs, programs, source codes, object codes, data, databases, downloadable or non-downloadable documents, animated or non-animated images, sounds, drawings, graphics, videos, texts, layout, appearance, and structure, as well as any other element not related to hyperlinks to third-party websites — are the property of Azura, or are subject to a license granted in its favor by any holder of intellectual property rights.
All such elements are subject to the provisions of French and international regulations applicable to intellectual property, including the French Intellectual Property Code, and are consequently protected against any unauthorized use under these GTC or applicable law, under penalty — in the event of non-compliance — of legal proceedings.
Azura grants each User a personal, non-exclusive, and royalty-free right to access and use the Website, for their own use and strictly within the scope of the operations authorized herein.
Subject to these rights of use granted to the User by Azura, use of the Website does not imply any license or transfer of rights relating to the elements of the Website to the User. In particular, any copy, reproduction, representation, adaptation, modification or distribution, in whole or in part, of the Website
or any of its content, by any means and on any medium whatsoever, is unlawful unless prior, express and written authorization of Azura or the holder of intellectual property rights.
Failure to comply with these stipulations, in particular for the purposes of commercial exploitation, may be subject to prosecution on the basis of an infringement action and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question. This is without prejudice to Azura’s other rights, in particular the right to obtain compensation for damages.
6. DISCLAIMER OF LIABILITY
The Website is made available to the User free of charge. Despite the care taken in its design and the analysis of its content, the Website cannot be free of errors, periods of unavailability, faults or defects. Furthermore, Azura does not guarantee the accuracy, quality, legality or suitability for a particular purpose of the Website and the content published therein.
In particular, the information available on the Website is provided for information purposes only.
Azura makes its best efforts to ensure the accuracy and updating of the information published on the Website. Azura reserves the right to modify or correct the content and elements of the Website at any time and without prior notice. However, Azura cannot guarantee the accuracy, precision or completeness of the information made available on the Website. It is the User’s responsibility to verify such information through other means and/or sources available to them.
The User is solely liable for the use he/she intends to make of the Website and the preservation of the security and integrity of its data, hardware and software when he/she accesses the Website.
Thus, Azura cannot be held liable for:
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- any malfunction or contamination of the User’s computer, mobile phone, tablet or any other device used during or after browsing the Website, as well as for any access issues or poor usage conditions attributable to such equipment, the Internet service provider, network congestion, or any other reason external to Azura;
- electronic or phone communications expenses induced by the use of User’s equipment which shall be exclusively borne by the User and will not be borne by Azura;
- any temporary, partial or total unavailability of the Website, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of Azura;
- any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Website;
- any indirect damage that may be suffered by the User;
- any damage suffered by the User or a third party resulting from the use of the Website that does not comply with these GTC;
- any breach of the obligations provided by these GTC which would arise or would originate from a fortuitous event or a case of force majeure (act of god) as defined by article 1218 of the French Civil Code.
In the event that Azura is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.
Consequently, under no circumstances shall Azura, its managers, employees and, in general, its representatives and partners, be held liable for any indirect damage resulting from the use of the Website, as well as the content published therein, and in particular for loss of profit, loss of opportunity or damage resulting from loss of data caused by the impossibility of using the Website.
7. MODIFICATION
These GTC are dated accurately and may be modified and updated by Azura at any time, particularly in the event of changes to the Website or to applicable regulations.
The applicable GTC are those published on the Website at the time the User accesses the Website. Consequently, the User is invited to consult the GTC each time he/she accesses the Website.
This version of the GTC replaces all previous versions
8. TERMINATION OF THE WEBSITE
Azura reserves the right to temporarily or permanently suspend access to all or part of the Website, in particular in the event of cessation of activity related to the provision of the Website or in the event of insolvency proceedings.
9. CONTRACT ASSIGNMENT
Subject to the applicable law, the User agrees that these GTC binding him/her to Azura, may be assigned, transferred or provided, in any way, to a third party. As part of the transfer of Azura to a third party, these GTC binding the User to Azura, will be automatically transferred to the assignee.
10.HYPERLINKS
The Site may include hypertext links to other websites or internet sources, other than those edited by Azura. As Azura cannot control these external sites and sources, Azura cannot be held responsible for the provision of these external sites and sources, and thus declines any responsibility for the content, products, services, advertisements, or any other material available on or from these external internet sites or sources.Also, the decision to activate hyperlinks is exclusively up to the User. Azura reminds the User that external, non-affiliated internet sites or sources are subject to their own terms and conditions of use. If the User wishes to create a hyperlink to the Site, they must obtain prior written permission from Azura by sending their request via the Site’s contact form. Azura may, at its sole discretion, accept or reject any request addressed to it for this purpose. Azura is under no obligation to accept such a request, nor to provide any reason for rejecting such a request if applicable.
The Website may contain hyperlinks to websites or Internet sources other than those operated by Azura.
As Azura has no control over such external websites or sources, it cannot be held liable for their availability and expressly disclaims any responsibility for the content, products, services, advertising or any other materials available on or through such external websites or sources.
The decision to activate any hyperlinks is made solely at the User’s discretion and under their exclusive responsibility.
Azura reminds the User that non-affiliated external websites or sources are subject to their own terms and conditions.
If the User wishes to create a hypertext link to the Website, the User must obtain Azura’s prior written consent by sending a request via the contact form.
Azura may, in its sole discretion, accept or reject any request made to it for this purpose. Azura is under no obligation to accept such request, nor to provide any reason for rejecting such request.
11. VALIDITY OF THE TERMS OF USE
Each of the articles of these GTC shall apply separately. Any change in the applicable regulations in force or any decision by a court or competent authority invalidating one or more articles of these GTC shall not affect the validity of the whole of these GTC. Such modification or decision does not authorise the User to disregard the valid provisions of these GTC.
12.LANGUAGE
These GTC are written in English. In the event of any discrepancy with the French version of these GTC, only the French text shall be deemed authentic in the event of a dispute.
13. GOVERNING LAW / JURISDICTION
These GTC are governed by, interpreted and enforced in accordance with French law.
In the event of a dispute relating to their interpretation or execution, Azura and the User shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.
Failing an amicable settlement between Azura and the User within two (2) months from the notification of the dispute to the other party, express jurisdiction is granted to the competent courts pursuant to the applicable law.