The company MDP COMPANY is a one-man SARL with a capital of 1,000,000 FCFA registered at the registry of the Court of ABIDJAN (COTE D’IVOIRE) under the number RCCM of the seat CI-ABJ-2016-B-13025 whose head office is located ABIDJAN COCODY ANGRE MAHOU 30 BP 939 ABIDJAN 30 which operates the ZIAOU application (hereinafter referred to as "the Company"), which publishes the website accessible at the address https://ziaou.com (hereinafter referred to as the "Site" or "the Website"),
Publication Director: MDP COMPANY
Headquarters: 4416 Louis B. Mayer, Laval (Quebec) H7P 0G1, Canada
Site design and conception: internal conception within the company.
Customer service contact:
Number: +225 22 46 66 50
Email: firstname.lastname@example.org / email@example.com
Prior to any subscription to the Site, the Customer expressly acknowledges having read these General Conditions of Sale as well as the various documents to which they refer and having accepted them without restriction or reservation as soon as he clicks on the box "I accept without reservation the General Conditions of Sale of the company MDP COMPANY".
By clicking on this box, the Customer acknowledges that he has the legal capacity to conclude such an agreement or that he has authorization of the authorized person.
Given the electronic nature of the contract between the Client and the Company, this acceptance is in no way conditioned by a handwritten signature from the Client. Any written document and / or any other specific condition contained in particular in documents issued by the Customer cannot prevail over these General Conditions of Sale without the express prior written agreement of the Company.
It is specified as necessary, that the Customer can save or print these General Conditions of Sale, provided, however, not to modify them.
The version of the General Conditions of Sale available online on the Site will prevail, where applicable, over any other version of these general conditions of sale, with the exception of modifications which would have occurred after a subscription and this, in accordance with ordinary law.
Simply browsing the Site is free and does not require the creation of a Customer Account.
To be able to access certain services, each Customer must create an account and provide their username (email address) on the Site and choose a password.
The Customer is informed of the need to communicate a valid email address in order to receive an email confirming the creation of said account.
The set constitutes its "Identifier Codes".
Each Customer acknowledges their full responsibility for the use to which their Identifying Codes and the Site will be put.
The Customer undertakes not to choose any identifier infringing the rights of a third party and therefore refrains from using an identifier infringing an intellectual property right, a registered trademark, a corporate name or a patronymic name, without this list being exhaustive.
He undertakes to perform all acts within the space reserved for him under his own Identifier Codes and all acts performed under these identifiers will be considered to have been carried out by itself.
In the event of forgetting, misuse or unauthorized use of its Identifying Codes by another Client, the responsibility of the Company cannot in any case be committed and the Customer must immediately inform the Company of this situation, by email at the following address: (*).
The Company presents the Subscriptions on the Site, as well as their detailed descriptions, thus allowing the Customer to know before the final validation of his subscription, the essential characteristics of the Subscriptions he wishes to subscribe.
The Company will make its best efforts to define as well as possible the characteristics and services of the services offered to the Customer.
The applicable prices are those indicated on the Site when the Customer validates his subscription, they are only valid on this Site.
The prices are indicated in the currency of the country where the service provider is located and include all taxes.
At any time and without notice, the Company reserves the right to modify its prices. However, these changes will not affect subscriptions that the Company would have accepted before the changes came into force.
By browsing the Site, the Customer has the opportunity to freely read the different Subscriptions offered for sale on the day of consulting the Site.
In order to subscribe to one or other of these Subscriptions, the Customer will click on the icon provided for this purpose and appearing next to each Subscription description.
The Customer has the possibility, at any time during the order process, namely until the actual payment of the latter under the conditions provided for in paragraph 4.3 below, come back to this subscription in order to complete, modify or even cancel it.
Once the selection of the Subscription (s) is completed, the Customer will be invited by a new Internet page to communicate their contact details by filling in the exact form available.
He undertakes in particular to indicate his name (s), first name (s) and e-mail address.
Once the form is fully completed, a summary of the Subscription will include all the information relating to this subscription, namely in particular the nature, the quantity and price of the Subscription, the total amount (including processing costs) of the subscription, the Customer's contact details and the billing address will appear on the screen.
After knowing the status of his subscription, the Client will be invited:
The Customer guarantees that he is fully entitled to use the bank card provided for the payment of his subscription and that this bank card gives access to sufficient funds to cover all costs resulting from the purchase of the Services of the Company . p>
By checking the corresponding box, during the subscription process, and after verifying the content of the subscription and, if necessary, having modified it, the Customer declares to accept fully and without reservation the entirety of these Conditions Terms of Sale.
After confirming the content of his subscription, the Customer will definitively validate it by payment.
The subscription will not be final until payment of the corresponding price.
The Company will systematically confirm each Customer's subscription by email.
The price including all taxes of each service is indicated in the corresponding service sheet. In addition, once the subscription is validated, the prices and costs will remain accessible in the "My Account" section of the Website.
Once these general conditions of sale have been accepted and the subscription confirmed, a web page dedicated to the payment of the subscription will open.
The Customer must then proceed to the payment of his subscription.
The data recorded by the Company constitutes proof of all of the transactions between the Company and the Customer.
Payment for the subscription is made on the Internet and must be concomitant with it, according to the instructions given to this effect during the order validation process. Payment will be made in the currency of the Customer's country by electronic payment system by bank card (Visa, Mastercard).
The Company uses the secure payment tool (*) and guarantees the Customer that he never has access to confidential information relating to the payment method used by the latter to pay for his subscription.
In order to proceed with the payment due, the Customer will be invited to provide the bank card number and the expiry date thereof, if necessary accompanied by the visual cryptogram.
The Customer's bank details are requested from each subscription insofar as only the bank chosen by the Company to carry out this financial transaction remains in possession of confidential information.
To this end, the Customer guarantees the Company that he has the necessary authorizations to use the payment method chosen at the time of validation of the subscription. If the bank refuses, the subscription will be automatically canceled and the Customer notified by sending an email.
Once the payment of a subscription has been made, a printable and recordable summary of the Customer's subscription will be displayed and will mention in particular the references of the subscription.
The subscription will only be considered firm and final once it has been confirmed by the Company to the Client.
The Company reserves the right to refuse or modify any subscription even after confirmation, in the event of a dispute existing with the Client following in particular non-compliance by the latter of these general conditions of sale, to a problem of transmission of information on the Internet or any other problem beyond our control. In particular, any incident of payment of the subscription price is designated, likely to result in the suspension of access to the Company Site, or even the termination of its Customer account, without prejudice to any damages that the Company may request.
Following the payment of the subscription, the confirmation of the Company takes place as soon as possible by email.
This subscription confirmation email sent by the Company will include the following information:
The Customer has a period of reflection of fourteen (14) working days, counting from the day of the confirmation of the subscription by the Company to retract his subscription if and only if the service has not yet been performed.
Under these conditions, the Company undertakes to reimburse the Customer, on the bank account debited at the time of subscription, within a maximum period of ten days from the withdrawal if the Client has been debited.
The Company cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses.
The Company is not responsible for any breach of its obligations, as defined herein, resulting from a case of force majeure.
Without prejudice to the provisions of the preceding paragraphs, the responsibility of the Company, under the terms of these general conditions of sale, may not exceed a sum equal to the sums paid or payable during the transaction to the origin of the said liability, whatever the cause or the form of the action concerned.
The personal data which is collected on this site (or "Platform") are the following:
The personal data collected from users aims to provide the Platform services, improve them and maintain a secure environment. More specifically, the uses are as follows:
Personal data may be shared with third-party companies, in the following cases:
Due to the organization of the company responsible for the Platform, within an international group, the user authorizes the Platform to transfer, store and process their information in Canada. The laws in force in this country may differ from the laws applicable in the place of residence of the user, within the European Union. Using the Platform, the user consents to the transfer of his personal data to Canada. The Platform remains responsible for personal data which is shared with third parties in the context of Privacy Shield. The Platform complies with the rules of the Privacy Shield, a data protection shield between the European Union and Canada, as formulated by the Department of Canadian trade in the collection, use and retention of personal data transferred to Canada from the European Union. The Platform told Canadian Department of Commerce adheres to the principles of the Privacy Shield. In the event of a conflict between the conditions of the clause and the principles of the Privacy Shield, the latter will prevail.
The Platform implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the following rights:
The Platform reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its site. The Platform will also inform users of the modification by electronic mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he can delete his account.
Any event outside the control of M.D.P. COMPANY and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, as for example without this list being exhaustive: flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout, technical breakdown (electricity suppliers, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a supply stop energy (such as electricity), a failure of the electronic communication network on which M.D.P. COMPANY and / or networks to replace it.
M.D.P. COMPANY cannot be held responsible, or considered to have failed in its obligations provided for in these General Conditions of Sale, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, on the condition that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and fulfill its obligations as soon as possible after the termination of the force majeure on the other hand.
The services of M.D.P. COMPANY are provided as is and to the extent of availability.
M.D.P. COMPANY does not guarantee an error-free supply, without punctual and secure interruption of the services offered via the Site and is not bound by any obligation of personalized, particularly technical assistance.
These General Conditions of Sale may be modified at any time on the initiative of M.D.P. COMPANY. Any modification of these General Conditions of Sale and of the documents to which reference is made will be communicated to the Customer when they first use the site after this modification.
These General Conditions of Sale and the subscription summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
In general, there is an express agreement between M.D.P. COMPANY and the Client that e-mails will be authentic between them as well as the automatic registration systems used on the Site, in particular as to the nature and date of the subscription.
The Customer can access, if necessary in accordance with the rules of common law, the electronic contract concluded between the Customer and M.D.P. COMPANY. To do this, they contact Customer Service by email, to which they will provide all the information necessary to do so, in particular the order number and contact details.
The fact that one of the parties to these General Terms and Conditions of Sale did not require the application of any clause, whether permanent or temporary, can in no way be considered as a waiver to the rights of that party arising from the said clause.
If one or more of the provisions of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become final of a competent court, the other stipulations of these General Terms and Conditions of Sale will remain in full force and effect.
If necessary M.D.P. COMPANY undertakes to immediately delete and replace the said clause with a legally valid clause.
In case of difficulty in interpretation between the title of any of the articles and any of the clauses, the titles will be deemed unwritten.
THE LAW APPLICABLE TO THESE GENERAL CONDITIONS OF SALE AND TO THE ORDERS RELATED TO IT IS OHADA LAW.
FOR ANY DISPUTE THAT MAY ARISE ON THEIR VALIDITY, INTERPRETATION OR PERFORMANCE AND THAT MAY NOT HAVE BEEN SETTLE BY THE PARTIES TO THE PRESENT, the consumer can seize at his choice, in addition to one of the jurisdictions territorially competent, the jurisdiction of the place where it remained at the time of conclusion of the contract or the occurrence of the harmful event.