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Terms & Conditions

Marcheafrique Terms of Use Introduction
Welcome to www.marcheafrique.net (“marcheafrique”). By accessing Marcheafrique you are agreeing to the following terms, which are designed to make sure that Marcheafrique works for everyone. Marcheafrique is provided to you by Akwaba Rose, Währingerstraße 41/E, 1090 Vienna, in Austria, also referred to below as “marcheafrique”. This policy is effective December 1st, 2013.

Using Marcheafrique
As a condition of your use of Marcheafrique you agree that you will not:

  • Violate any laws.
  • Violate the Posting Rules.
  • Post any threatening, abusive, defamatory, obscene or indecent material.
  • Be false or misleading.
  • Infringe any third-party right.
  • Distribute or contain spam, chain letters, or pyramid schemes.
  • Distribute viruses or any other technologies that may harm Marcheafrique or the interests or property of Marcheafrique users.
  • Impose an unreasonable load on our infrastructure or interfere with the proper working of Marcheafrique.
  • Copy, modify, or distribute any other person’s content without their consent.
  • Use any robot spider, scraper or other automated means to access Marcheafrique and collect content for any purpose without our express written permission.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Bypass measures used to prevent or restrict access to Marcheafrique.

You are solely responsible for all information that you submit to Marcheafrique and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing Marcheafrique
Marcheafrique and the Marcheafrique community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the Contact Form. Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Marcheafrique if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Marcheafrique or not, we do not accept any liability for monitoring Marcheafrique or for unauthorized or unlawful content on Marcheafrique or use of Marcheafrique by users. You also recognise and accept that Marcheafrique is not under any obligation to monitor any data or content which is submitted to or available on the site.

Global Marketplace
Some of Marcheafrique’s features may display your ad on other sites that are part of the global Marcheafrique community, like our classifieds sites in other countries. By using Marcheafrique, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services
Using Marcheafrique is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Euro (€), and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services, these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content
Marcheafrique contains content from us, you, and other users. Marcheafrique is protected by copyright laws and international treaties. Content displayed on or via Marcheafrique is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Marcheafrique without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Marcheafrique. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Marcheafrique (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement
Marcheafrique contains content from us, you, and other users. Marcheafrique is protected by copyright laws and international treaties. Content displayed on or via Marcheafrique is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Marcheafrique without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Marcheafrique. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Marcheafrique (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Reporting an infringement
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and Email it as Attachment to Marcheafrique. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Marcheafrique to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Marcheafrique via the e-mail address provided. Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using the Help & FAQ Section.

Liability
You agree not to hold us responsible for things other users post or do. We do not review user’s postings and are not involved in the actual transactions between users. As most of the content on Marcheafrique comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Marcheafrique, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information
By using Marcheafrique, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Marcheafrique on servers located in the European Union and other locations as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Security
In order to ensure the security and reliable operation of the site for all users, Marcheafrique reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any offences against Marcheafrique shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Marcheafrique and its affiliates, agents and/or partners.

Resolution of disputes
If a dispute arises between you and Marcheafrique, we strongly encourage you to first contact us directly to seek a resolution by going to the Marcheafrique Help & FAQ page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
These terms and the other policies posted on Marcheafrique constitute the entire agreement between Marcheafrique and you, superseding any prior agreements. To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of Austria. You agree that any claim or dispute you may have against marcheafrique.net Limited must be resolved by the courts of Austria and Cote dIvoire, and you and Marcheafrique both agree to submit to the non-exclusive jurisdiction of Vienna, in Austria. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Währingerstarße 41/E, 1090 Vienna, in Austria. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received seven days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. If you have any questions, comments or complaints feel free to contact our customer support.

 

Last Update: 25st July 2015