Terms of Use
Last updated: August 17, 2023
Purpose
This website (hereinafter the “Site”) is the corporate website of the Société de Distribution de Produits Maraîchers et Horticoles du Maroc Disma International, operating under the trade name “Azura” (hereinafter “DISMA,” “we,” or “us”).
Access to, consultation of, browsing on, and/or use of the Site implies full and complete acceptance of these Terms of Use (hereinafter “Terms”) which define the conditions of use of the Site by any person accessing, consulting, browsing, and/or using all or part of the Site (hereinafter the “User”).
Consequently, before using the Site, Users are invited to read these Terms carefully. If the User does not agree with all or part of these Terms, they are requested not to use the Site.
These Terms are accessible at any time on the Site and shall prevail, where applicable, over any other version or any contradictory document.
If necessary, you can contact DISMA through the Site’s contact form.
Access to the site and services
Access to the Site is technically possible twenty-four (24) hours a day, seven (7) days a week, except in cases of force majeure, possible outages, or any maintenance operations necessary for the proper functioning of the Site.
In any case, the User acknowledges that they have the skills and means necessary to access and use the Site. In this respect, the User must have a computer, mobile phone, tablet, or any other equipment with an Internet connection and proper settings to ensure the Site works correctly.
More generally, the User declares being aware of the risks related to browsing websites and using online services and accepts them. The User specifically acknowledges that information transmitted or stored online may be intercepted or altered independently of DISMA’s will.
It is therefore strongly recommended that Users take all necessary precautions to protect themselves against the effects of possible hacking, notably by adopting a secure and appropriate computer configuration for their computer, mobile phone, tablet, or any other equipment used (for example, by installing regularly updated antivirus software).
Services offered on the website
Conditions of Access to Services Offered on the Site
To benefit from the services offered on the Site, the User must:
- Have the necessary legal capacity and qualifications to access the Site and its services;
- Use the Site and its services in accordance with these Terms.
Access to certain services offered on the Site requires completing the mandatory fields of the form associated with the desired service (such as the contact form or the job application form).
The User guarantees the truthfulness and accuracy of the information provided in this context.
To learn more about how DISMA uses their personal data, Users are invited to consult the Personal Data Protection Policy.
Services Offered on the Site
Through the Site, Users can notably:
- Access information about DISMA and its activities;
- Contact DISMA for any information request.
General obligation of the User
The User undertakes to use the Site in accordance with these Terms.
The User specifically agrees not to:
- Use the Site for commercial purposes, canvassing, solicitation, or advertising;
- Engage in any behavior that could harm the integrity, functioning, or security of the system underlying the Site’s operation;
- Attempt to intrude or intrude into DISMA’s systems;
- Breach or attempt to breach the Site’s security measures;
- Collect, extract, or use, in any manner whatsoever, information and content available on the Site;
- And, more generally, commit any act likely to harm the rights and interests of DISMA or third parties.
In the event of a breach of these Terms or applicable laws, including any unauthorized use of the Site detected by DISMA, the latter reserves the right to terminate the contractual relationship by operation of law, without notice or compensation, and to block any future access by the User to all or part of the Site.
Intellectual property
The Site and all its components or elements made available to Users, including 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, structure, as well as any other element unrelated to hyperlinks to third-party websites, are the property of DISMA or are subject to a license granted to it by any holder of intellectual property rights.
All these elements are subject to French and international regulations on intellectual property, notably the French Intellectual Property Code, and are therefore protected against any unauthorized use under these Terms or applicable law, under penalty — in the event of infringement — of legal action.
DISMA grants the User a personal, non-exclusive, and free right to consult and use the Site for their own needs and strictly within the framework of operations authorized under these Terms.
Subject to the rights of use granted to the User by DISMA, the use of the Site does not entail any license or transfer of rights relating to the Site’s elements in favor of the User.
In particular, any reproduction, representation, adaptation, modification, dissemination — in whole or in part — of the Site and all or part of its content, by any process and on any medium whatsoever, is prohibited unless prior, express, and written authorization is obtained from DISMA or the rights holder concerned.
Failure to comply with these provisions, notably for commercial exploitation purposes, may result in legal proceedings for infringement and/or unfair competition and/or parasitism initiated by the rights holders.
This is without prejudice to DISMA’s other rights, including the right to seek compensation for damages suffered.
Responsabilities
The Site is made available to Users free of charge. Despite the care taken in its design and the analysis of its content, the Site cannot be free from errors, periods of unavailability, flaws, or defects.
Moreover, DISMA does not guarantee the accuracy, quality, lawfulness, or suitability for any particular use of the Site and its published content.
The information available on the Site is provided for informational purposes only.
DISMA makes its best efforts to ensure the accuracy and updating of the information published on the Site.
DISMA reserves the right to correct the content and elements of the Site at any time and without notice.
However, DISMA cannot guarantee the accuracy, precision, or completeness of the information made available on the Site.
It is the User’s responsibility to verify the information by other means and/or sources available to them.
The User is solely responsible for the use they intend to make of the Site, as well as for the security and integrity of their data, equipment, and software when using the Site in any way.
Thus, DISMA cannot be held liable, in particular for:
- Any malfunction or contamination of the User’s computer, mobile phone, tablet, or any other equipment during or after browsing the Site, or any inability to access or poor usage conditions attributable to the equipment, internet service provider, network congestion, or any other reason external to DISMA;
- Communication or telephone costs resulting from the use of the equipment, which are the sole responsibility of the User and shall not be borne by DISMA;
- Any temporary or permanent interruption of all or part of the functionalities of the Site, notably in the case of maintenance, modification, or update of the Site, technical incident, or any event beyond DISMA’s control;technique et, plus généralement, en cas d’évènement extérieur au contrôle de DISMA;
- Any consequence resulting from the content of third-party websites that hyperlinks on the Site may refer to;
- Any indirect damages suffered by the User;
- Any damage suffered by the User or a third party resulting from non-compliant use of the Site with these Terms;
- Any breach of the obligations set out in these Terms caused by a fortuitous event or force majeure, as defined by Article 1218 of the French Civil Code.
If DISMA were to be held liable for damage not provided for in this article, its liability would be limited to certain, real, and direct damages.
Under no circumstances shall DISMA, its directors, employees, and more generally, its representatives and partners, be held liable for indirect damages resulting from the use of the Site and its published content, including lost profits, lost opportunities, or damages arising from loss of data caused by the inability to use the Site.
Modification
These Terms are precisely dated and may be modified and updated by DISMA at any time, particularly in the event of Site development and/or changes in applicable regulations.
The Terms applicable are those published on the Site at the time of the User’s access.
Therefore, the User is invited to consult the Terms each time they access the Site.
This version of the Terms replaces all previous versions.
Termination of the site
DISMA reserves the right to temporarily or permanently suspend access to all or part of the Site, particularly in the event of the termination of the activity related to the provision of the Site or in the event of insolvency proceedings.
Assignment
Subject to applicable law, the User agrees that the Terms binding them to DISMA may be assigned, transferred, or contributed in any manner whatsoever.
In the event of DISMA’s transfer to a third party, the Terms binding the User to DISMA will automatically be transferred to the assignee.
Hyperlinks
The Site may include hyperlinks to websites or internet sources other than those operated by DISMA.
Since DISMA cannot control these external sites and sources, DISMA cannot be held responsible for the availability of such external sites and sources, and therefore disclaims any liability for the content, products, services, advertisements, or any other materials available on or from these external sites or sources.
The decision to activate these hyperlinks belongs exclusively to the User.
DISMA reminds the User that external sites or internet sources not affiliated with DISMA are subject to their own terms of use.
If a User wishes to create a hyperlink to the Site, they must obtain DISMA’s prior written authorization by sending a request via the Site’s contact form.
DISMA may, at its sole discretion, accept or reject any request made for this purpose.
DISMA has no obligation to accept such a request or to justify its rejection.
Validity of the terms
Each article of these Terms applies separately.
Any change in the applicable regulations in force or any decision by a competent court invalidating one or more articles of these Terms shall not affect the validity of the remaining provisions.
Such a change or decision does not in any way authorize the User to disregard the valid provisions of these Terms.
Language
These Terms are written in French.
In the event they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
Governing law / Juridiction
These Terms and the resulting operations are governed by, interpreted, and applied in accordance with French law.
In the event of a dispute regarding their interpretation or execution, DISMA and the User shall seek an amicable resolution before initiating any legal proceedings and shall exchange all necessary information for this purpose.
If no amicable agreement is reached between DISMA and the User within two (2) months from the notification of the dispute to the other party, express jurisdiction is given to the competent courts under the applicable law.