Purpose
The General Terms and Conditions are intended to define the conditions of use of the Website as this term is defined below. They outline the rights and obligations of users and form the contract binding them to the SAEDM.
The use of the Website is restricted to users who have previously read and unreservedly accepted all the Terms and Conditions.
The User undertakes to comply with these Terms and Conditions throughout his/her use of the Website. In case of disagreement with the terms and conditions of the Terms of Use, the User should not use the Website.
SAEDM reserves the right to modify and update at any time the Website content as well as its Terms and Conditions.
Each modification of the Terms of Use shall be a dated and referenced version. The new version shall be available directly on the Website. In this case, the date of the last update indicated on the website will be modified. The change takes effect immediately upon publication on the Website. If the user continues to use the Site after the publication of these changes, this automatically shall mean that he/she accepted these changes. These modifications and updates are imposed on the User who must therefore regularly refer to this section to check the current version.
Use of the corporate Website mean full and complete acceptance of these General Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions of Use") for the User (hereinafter termed the "User" or "Users") to access and make use of the Website.
Use of the Website
Within these provisions, the terms and expressions identified with a capital letter shall have the meaning outlined hereafter, whether used in the singular or plural form :
"General Terms and Conditions of Use" shall mean these general terms and conditions of use of the Website.
"Site" means all sub domain websites of www.saedm.ma, exclusive property of SAEDM S.A.
"User" means a legal or physical person or, acting alone or representing third parties, exercising or not a trade or profession, who uses the Site.
"Use" is indifferently any consultation, research or download on the Site.
"SAEDM" "Editor" or "We" are used to refer SAEDM S.A, its subsidiaries and affiliates.
Pricing
Access to the Website is free, excluding Internet Service Provider costs and excluding the costs of telephony services billed directly by telephone service operators.
Limitations of liability
The information, presentations, documents and other information (hereinafter termed "Information") disclosed on the Website are provided in good faith, for guidance only and without warranty of any kind in relation to any errors or omissions which may arise. Consequently, SAEDM may in no circumstances be held liable for these pieces of information. The Information may be amended and updated by SAEDM without prior notice. Users are solely responsible for the use they make of the Website.
In no event may SAEDM and/or its subcontractors be held liable for any lack of completeness, precision or accuracy in the Information, or for any omission relating to the Information, nor may they be held liable for direct and/or indirect losses, regardless of the causes, origins, nature or consequences thereof, whether they be, inter alia, incidental, special arising out of the content or the Use of the Website and/or any of the links and internet addresses associated with it (including Users’ access or lack of access to the Website or to any of the links, or for any use that may be made of the various items of Information), including but not limited to any operating, financial or commercial loss, or loss of programs and/or data, including within Website Users’own IT systems.
The User shall bear all attendant risks, in particular risks contingent upon the importance and credibility which the User attaches to the Information. The Information is provided to the User subject to the condition that the User or any other person receiving the Information is capable of determining its usefulness towards a specific objective before using it. Under no circumstance may SAEDM be held liable for any loss that may result from the importance attributed to that Information, or from their Use, including their Use for private and professional purposes. The Information may not be construed as containing recommendations for the use of any information, products, procedures, equipment, or formulations that may infringe a patent, copyright or registered trademark.
SAEDM disclaims any express or implicit liability if the use of the Information should be in contravention of any patent, copyright or trademark. SAEDM categorically rejects any interpretation that might assimilate the content of the Site to offers of sale or incitements to purchase shares or other transferable securities, whether listed or unlisted, in SAEDM, its subsidiaries, or its direct or indirect holdings.
No guarantee, whether express or implicit, is given as to the marketability or otherwise of the Information provided, nor for its suitability for any particular purpose, nor in relation to the products and services to which reference is made in the Information. Under no circumstance does SAEDM undertake to update or to correct Information published on the Website.
In relation to the simulations that can, or may, be effected on the Website, SAEDM reminds Users that they have no legal value. The simulations are carried out using information that Users input into the modules concerned, and are provided for purposes of guidance only. SAEDM does not guarantee that the Website will operate with no interruptions, nor that the servers will provide access to it, nor that third-party websites to which there are hypertext links are virus-free. Further, SAEDM may under no circumstance be held liable for any data loss or corruption in the User’s data.
Cookies
Users are informed that during their visits to the Website, a browsing monitoring mechanism may be implemented. They have a right to access, delete and amend any personal data transmitted by means of such tracking techniques. Their visits to the SAEDM Website result in the creation of "session cookies" (hereinafter the "Cookie(s)") which record information about their computer’s browsing of the Website (pages viewed, date and time of visit, etc.) that SAEDM can read during Users’ subsequent visits.
During any visit to the Website, the pages viewed by the User result in the creation of a session Cookie that is downloaded by the user’s computer. Cookies are small files containing text which allows a computer server to recognize a client computer and determine whether the computer (and probably the User) has previously visited the Website. If the computer reconnects to the Website, the Website will search for and make use of such Cookies left on the User’s computer’s hard drive during the computer’s previous visit.
Cookies themselves do not enable the User to be identified, only the computer being used. Cookies record only those parts of the Website which the computer in question has visited, the times at which they were accessed, and the time spent there. Users are free to block the Cookies from being recorded by configuring their browsers as described below. However, blocking the Cookies will make it impossible to provide certain personalized services, and such blocking may slow or prevent access to certain parts of the Website.
Users are informed that during their visits to the Website, Cookies may be automatically installed in their browser software and be temporarily stored on their hard drives. The information they contain is used to provide optimal service.
Thus, Cookies are used to record information about Users’ browsing of the Website in order to direct their browsing to the most appropriate content, and as a gauge of how many visits they make the Website. Under no circumstances will the Cookies be used to mine personal information about the people on line to the Website.
Users acknowledge that they have been informed of the practice of Cookies being left, and authorize SAEDM to make use of it.Users may disable the Cookies through the settings of their browsing software, by modifying the browsers’ preferences and options in that regard.
Intellectual property
SAEDM owns all domain names relating to SAEDM S.A. The Website as a whole, together with its elements, constitute intellectual works protected by the legislation in force, in particular by the legislation on intellectual property. Any and all data, including text, tree structure, software, animations, photographs, illustrations, diagrams, graphics, logos, audio content, video content, information and databases, where found, which appear on the Website’s pages are the exclusive property of SAEDM.
Any reproduction, representation or distribution, in whole or part, of the content, and any extraction of data, even partial extraction, from the Website’s databases onto any medium or platform whatsoever, using any means whatsoever, is prohibited. Failure to comply with that prohibition constitutes data piracy that may incur civil and criminal liability on the part of the data pirate or the User.
Unless otherwise stated, the company names, logos, products and brands mentioned on the Website (® and ™ products) are trademarks registered to SAEDM. Any reproduction, in whole or in part, of those trademarks and logos for whatever reason, and in particular for advertising or commercial purposes, carried out using elements of the Website without the prior written consent of the trademark holder is prohibited, in accordance with articles 154 and 155 of Law 17‑97 of 15 February 2000 on Protection of Industrial Property (as amended and supplemented by Law 31-05).
The general structure of the Website, the templates and the skeleton boilerplates used on the Website, together with Information, pictograms, photographs, images, text, and video sequences, whether animated or static, either with or without audio, and other documents constituting the Website, or accessible through it, are subject to the intellectual property protection legislation and are the property of SAEDM or of third parties that have authorized their use by SAEDM and by any SAEDM suppliers, subcontractors, partners and/or affiliated companies involved in the operation of the Website. That being the case, any reproduction, adaptation, translation and/or transformation, in whole or in part, of the Website, or of one or more of its components, by any means whatsoever (including transfer to another Website) without the prior written authorization of SAEDM is prohibited, and constitutes an act of data piracy under Law 17‑97 on the Protection of Industrial Property (as amended and supplemented by Law 31‑05) incurring the perpetrator’s civil and/or criminal liability. In the matter of intellectual property rights, no license or right other than that of viewing the Website is conferred on any person whatsoever.
Protection of personal data
The term "personal data" is understood by SAEDM to mean any and all information of whatever kind disclosed by Users as physical persons, such as their surnames, forenames, e-mail addresses and passwords, that identifies them directly or indirectly, and regardless of whether that information is provided voluntarily by Users or gathered in the context of their browsing the Website.
The personal data which SAEDM may collect are intended exclusively for the SAEDM Department of Communication (Direction de la Communication) in order to enable the User to enjoy the services offered by the Website. Any personal data that the User may convey to SAEDM are subject to Law 09‑08 of 18 February 2009, on the protection of physical persons in respect of the handling of personal data. No personal data about the User is disclosed to third parties, or used for unauthorized purposes.
Users of the Website are required to act in compliance with Law 09‑08. To do so, they must refrain from any collection, capture, distortion or use of the information, which they access and, in general, form any act likely to violate the privacy of persons.
Under Law 09‑08, Users have a right to access, oppose and rectify any personal data about them which SAEDM may collect by contacting us at any time online under the "Contact" section of the Website, by post to the attention of the SAEDM Communication Department (Direction de la Communication) at SAEDM S.A., 2‑4 rue Al Abtal, Hay Erraha, Casablanca 20200 Morocco, or by e-mail to contact@saedm.ma
Hypertext links
SAEDM expressly disclaims all responsibility for the content of all the websites to which it provides hypertext links. Such links are offered to Users of the Website or the websites of its subsidiaries and affiliated legal persons as an additional service. The decision to activate these links lies exclusively with the Users of the Website. SAEDM is not the publisher of those websites and its policing of them cannot be perfect. Consequently, SAEDM may not be held responsible in any way for the content of those websites and in particular for whether they are accurate, up to date, of good quality, complete, relevant or legal, or for any advertising, information, products, services or any other material on such websites or available through them from external sources.
Similarly, SAEDM may not be held responsible for any collection or transmission of personal data, installation of cookies or any other process for those same purposes carried out on and by those websites. On the internet, the confidentiality and integrity of the Information is not guaranteed. As a result, the messages which the User sends electronically may be intercepted and/or altered. SAEDM disclaims any liability in that regard.
Further, the Users of the Website may in no circumstance install hyperlinks or HTML frame elements linking to the Website without the prior written authorization of SAEDM S.A and, accordingly, no element on any page of the Website may be partially or fully posted on, transferred to or inserted in any other Website, nor may they be used to create derivative products, without the prior and express authorization of SAEDM. Users may request such authorization from the Website Administrator through the following e-mail address: contact@saedm.ma
Applicable law and competent courts
The www.saedm.ma Website, the Legal Notices and the present Terms and Conditions of Use are all governed by Moroccan law. In any dispute concerning the interpretation, validity and consequences of any of the Terms and Conditions of Use, failing amicable agreement, the Moroccan courts shall have exclusive jurisdiction, unless there is a peremptory legal prescription to the contrary.