Last updated April 1st 2024
Agreement to Terms of Use
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Milanamos SAS (“we,” “us” or “our”), concerning your access to and use of the AFRAA Marketing Intelligence Web Portal as well as any other media form, media channel, mobile web Portal or mobile application related, linked, or otherwise connected thereto (collectively, the Portal).
You agree that by accessing the Portal, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Portal and you must discontinue use immediately.
Supplemental Terms of Use or documents that may be posted on the Portal from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Portal after the date such revised Terms of Use are posted.
The information provided on the Portal is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Portal from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Portal is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Portal.
Intellectual Property Rights
Unless otherwise indicated, the Portal is our proprietary property and all source code, databases, functionality, software, webPortal designs, audio, video, text, photographs, and graphics on the Portal (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Portal “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Portal and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Portal, you are granted a limited license to access and use the Portal and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Portal, the Content and the Marks.
User Representations
By using the Portal, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) a minor in the jurisdiction in which you reside;
(5) you will not access the Portal through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Portal for any illegal or unauthorized purpose;
(7) your use of the Portal will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Portal (or any portion thereof).
User Registration
You may be required to register with the Portal. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Prohibited Activities
You may not access or use the Portal for any purpose other than that for which we make the Portal available. The Portal may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Portal, you agree not to:
(1) systematically retrieve data or other content from the Portal to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) make any unauthorized use of the Portal, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(3) use a buying agent or purchasing agent to make purchases on the Portal.
(4) use the Portal to advertise or offer to sell goods and services.
(5) circumvent, disable, or otherwise interfere with security-related features of the Portal, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Portal and/or the Content contained therein.
(6) engage in unauthorized framing of or linking to the Portal.
(7) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(8) make improper use of our support services or submit false reports of abuse or misconduct.
(9) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(10) interfere with, disrupt, or create an undue burden on the Portal or the networks or services connected to the Portal.
(11) attempt to impersonate another user or person or use the username of another user.
(12) sell or otherwise transfer your profile.
(13) use any information obtained from the Portal in order to harass, abuse, or harm another person.
(14) use the Portal as part of any effort to compete with us or otherwise use the Portal and/or the Content for any revenue-generating endeavor or commercial enterprise.
(15) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Portal.
(16) attempt to bypass any measures of the Portal designed to prevent or restrict access to the Portal, or any portion of the Portal.
(17) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Portal to you.
(18) delete the copyright or other proprietary rights notice from any Content.
(19) copy or adapt the Portal’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(20) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Portal or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Portal.
(21) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(22) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Portal, or using or launching any unauthorized script or other software.
(23) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Portal.
(24) use the Portal in a manner inconsistent with any applicable laws or regulations.
(25) other
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Portal ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The Portal may contain (or you may be sent via the Portal) links to other website ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Portal or any Third-Party Content posted on, available through, or installed from the Portal, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Portal and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Websites to which you navigate from the Portal or relating to any applications you use or install from the Portal. Any purchases you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Portal, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Portal and any services provided on the Portal or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Portal, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Portal Management
We reserve the right, but not the obligation, to:
(1) monitor the Portal for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Portal in a manner designed to protect our rights and property and to facilitate the proper functioning of the Portal.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy posted on the Portal. By using the Portal, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Portal is hosted in Europe.
If you access the Portal from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from the applicable GDPR laws in Europe, then through your continued use of the Portal, you are transferring your data to Europe, and you expressly consent to have your data transferred to and processed in Europe.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Portal infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Portal infringes your copyright, you should consider first contacting an attorney.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Portal. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PORTAL (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PORTAL OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Portal at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Portal. We also reserve the right to modify or discontinue all or part of the Portal without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Portal.
We cannot guarantee the Portal will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Portal, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Portal at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Portal during any downtime or discontinuance of the Portal.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Portal or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms of Use and your use of the Portal are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
Dispute Resolution
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in France, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Portal be commenced more than one year after the cause of action arose.
Corrections
There may be information on the Portal that contains typographical errors, inaccuracies, or omissions that may relate to the Portal, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Portal at any time, without prior notice.
Disclaimer
THE PORTAL IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PORTAL AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PORTAL’S CONTENT OR THE CONTENT OF ANY WEBPORTALS LINKED TO THE PORTAL AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PORTAL, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL, ANY HYPERLINKED WEBPORTAL, OR ANY WEBPORTAL OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liabilities
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PORTAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Submissions; (2) use of the Portal; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Portal with whom you connected via the Portal.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Portal for the purpose of managing the Portal, as well as data relating to your use of the Portal. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Portal.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions and Signatures
Visiting the Portal, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Portal, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PORTAL.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Portal constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Portal. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a complaint regarding the Portal or to receive further information regarding use of the Portal, please contact us at:
To the Attention of the President
Milanamos SAS
145 allée des Rouges Gorges 83380 Les Issambres France
