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Terms and conditions of use
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GENERAL INFORMATION
MEDIABUY COMMUNICATION - FZCO with a capital of AED 100,000, having its registered office at Dubai Digital Park, Dubai Silicon Oasis, Building A1, Dubai, United Arab Emirates, is intended to operate the following Service:
MEDIABUY AFRICA accessible à the address URL address:
These General Conditions of Use form an integral part of the General Conditions of Sale and the parties agree as follows and that this constitutes a legal agreement and creates a binding contract between the user and MEDIABUY COMMUNICATION - FZCO.
By accessing, downloading, using or clicking on "I accept" to accept any service of the Mediabuy Africa platform (as defined below) provided by MEDIABUY COMMUNICATION - FZCO (as defined below), the User acknowledges having read, understood and accepted all the terms of the General Terms and Conditions of Sale and General Terms and Conditions of Use stipulated herein.
LEGEND: For the purposes of these General Terms and Conditions of Use :
• "In these General Terms and Conditions of Use, an "Advertiser" is an entity whose Messages (whether created by itself or on its behalf by a third party) are placed by The Buyer via a campaign.
• "Agent" means any natural or legal person acting on behalf of the Advertiser.
• "The Buyer or the User or the Company" means the natural or legal person who may be the "Advertiser" or its "Agent", as well as any other person who has fulfilled the conditions for access to the Médiabuy Africa platform, in particular, for natural persons, being at least 18 years of age.
• "Account or Customer Account" refers to a virtual account created on the Médiabuy Africa platform which allows the buyer to carry out and record any action on the Médiabuy Africa platform and in particular to purchase advertising space. The account is created by the buyer on the Médiabuy Africa platform by filling in the online form and ticking the boxes accepting the General Terms and Conditions of Sale as well as the General Terms and Conditions of Use. By clicking on the registration button. Confirmation will be sent to the e-mail address provided in the account creation form. He/she must validate the creation of his/her account by clicking on the link indicated in the e-mail he/she will have received from Médiabuy Africa. This account will allow him/her to access the entire Médiabuy Africa platform. It will contain all the buyer's information as well as the results of all his actions, in particular, all campaign simulations, provisional estimates and provisional media plans.
• "Advertising Order" or "Order" the agreement for the broadcasting of an advertising message, relating to purchases made by the Advertiser on the Médiabuy Africa platform.
• "The channel or media” through which the advertising messages will be broadcast: Press, Television, Radio, Public Display, websites;
• "Campaign" means a marketing operation designed to promote a brand, a product, a service, a message, etc. To ensure its success, an advertising campaign relies on communication media to get its message across.
• "Media Buying" is the process of purchasing, negotiating and reserving advertising space carried out by the Médiabuy Africa platform on behalf of the Buyer.
• "Global Media Plan" is a complete summary of all bookings made by the buyer on the Mediabuy Africa platform.
• "Stems or Broadcast Reports" Scorecard of all broadcasts actually carried out.
• "Messages" or visuals or insertions or advertisements or spots or creations, are : The texts, images, music, sounds and voices that make up the advertising element (collectively, Advertisements) intended to be broadcast in the media. These messages are supplied by the buyer to the Médiabuy Africa platform on electronic files: Image file for the press, websites and Public Display, Sound file for radio, Video file for Television.
• "Currency Exchange Rate" refers to the rate we use to convert a currency for illustrative purposes; this is currently the WM/Refinitiv Closing Spot Rate, but is subject to change.
• "Taxes" refers to all import taxes, customs duties and value added taxes, all taxes specific to advertising depending on the country of delivery of the messages.
• "Platform or Service" means the Mediabuy Africa website.
• "Third Party Content" refers to any services accessible by any means or contacts via the Mediabuy Africa platform.
• "Cookie" includes computer files allowing the recording of information relating to the user's navigation but also tags, pixels or any other tracer or means of recovering information via a technical tool including in particular the "fingerprinting" method.
• The "General Terms and Conditions of Sale and the General Terms and Conditions of Use" or "Conditions" The present General Terms and Conditions of Sale and the General Terms and Conditions of Use.
1/ DESCRIPTION OF THE SERVICE
The Service enables the User to draw up a media plan and the resulting budget with a view to launching an advertising campaign. It is expressly agreed that MEDIABUY COMMUNICATION - FZCO reserves the right to change the Service provided by its Mediabuy Africa platform described in this article at any time and without prior notice.
The Mediabuy Africa platform has the specificity of promoting to the user several media supports offering specific categories of offers in a fixed geographical area, and of allowing the user to purchase advertising space on its own behalf or on behalf of third parties.
The user is fully informed that it is expressly agreed that MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may not be called upon as a guarantee by the user due to any breaches by the media selected. No indemnity, compensation or reduction in price may be requested by the Enterprise on these grounds, except for reimbursement or credit on non-executed space purchases.
The description of the Service is set out in the various General Terms and Conditions of Sale available at the following address: https://www.mediabuy.africa/CGV
2/ GENERAL RULES FOR USING THE SERVICE
MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform endeavour to provide quality access and to enable the User to use the means of communication made available to him under the best possible conditions.
Due to the nature and complexity of the Internet network, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform make every effort, in accordance with the rules of the art, to allow access to and use of the Service. MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform cannot guarantee absolute accessibility or availability of the Service.
However, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform reserve the right, without prior notice or compensation, to modify and/or temporarily or permanently close the Service, in particular to carry out updates, maintenance operations or modifications to the servers, without this list being exhaustive.
MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform are not liable for damages of any kind that may result from these changes or from the temporary unavailability or permanent closure of all or part of the Service or the services associated with it.
MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform reserve the right to complete or modify the Service at any time in line with technological developments. It is the User's responsibility to ensure that the IT and transmission resources at his/her disposal are able to adapt to changes in the Service.
In order to ensure the smooth operation of the Service, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform reserve the right to limit the duration of data availability for the benefit of the User depending on the capacities of the system used to implement the Service and to store the data, and do not undertake to provide the exhaustiveness of all the advertising campaigns programmed by the media. MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform cannot be held responsible for any damage linked to any of these reasons.
3/ USER - ACCESS :
The Service is reserved solely for Users duly authorised by MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform, who have a password and access code that are strictly personal and confidential.
3.1/ When users create an account on the Mediabuy Africa platform, they must provide and agree to provide complete and accurate information, via a form to be completed available on the Mediabuy Africa platform, they also agree to update in a timely manner all information they provide to the Mediabuy Africa platform in order to maintain the integrity and accuracy of the information identified or otherwise requested. At the end of the registration process, the buyer will be asked to accept the present general conditions of sale and the general conditions of use.
3.2/ To obtain his/her access code, the User fills in the online access request form on the Mediabuy Africa platform. The User will have the possibility, under his sole responsibility and at his sole discretion, to create user accounts and to determine their access rights within the Mediabuy Africa platform.
3.3/ The User will create an Identifier and a password.
MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform have no access to this password.
As a reminder, each account duly created must be linked to the professional e-mail address designated by the user. It is provided that the professional e-mail address is understood to be the one provided by the user's representative duly authorised for this purpose, for purely professional use and in connection with his/her duties. Failing this, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform reserve the right to suspend the said account.
3.4/ The account is activated by the user upon receipt of the confirmation email that he/she will receive on the email address that he/she will have provided and which will include a validation link, which will allow the account to be activated. By activating the online account, the User acknowledges and accepts the IT charter of MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform in all its provisions, in particular the acceptance of these General Terms and Conditions of Sale and the General Terms and Conditions of Use.
3.5/ The Mediabuy Africa account may only be used by the account holder. Médiabuy Africa reserves the right to suspend, freeze or cancel the use of Médiabuy Africa accounts by persons other than the account holder. If the user suspects or becomes aware of any unauthorized use of their username and password, the user must immediately notify Mediabuy Africa. Mediabuy Africa assumes no responsibility for any loss or damage resulting from the use of the Mediabuy Africa account by the user or any third party with or without the user's authorization.
3.6/ The information that Mediabuy Africa requires to verify the identity of the buyer may include, but is not limited to, the buyer's name, email address, contact information, telephone number, username, government issued identification, date of birth, etc. If the buyer is using the Mediabuy Africa Services on behalf of a legal entity such as a corporation, If the buyer is using the Mediabuy Africa Services on behalf of a legal entity such as a corporation, the buyer represents and warrants that the legal entity is duly organized and existing under the laws of its jurisdiction and that the buyer is duly authorized by that legal entity to act on its behalf and to transmit its information such as trade register, tax identification number and other information collected during the registration of the customer account.
When the buyer provides the required information, he confirms that it is true and accurate. The customer account created by the buyer must not contain any incorrect or fraudulent information. Creating false information to open an account, falsifying the country of origin or providing false identity documents is strictly prohibited.
4/ CONDITIONS OF USE OF THE SERVICE
The use of the Mediabuy Africa platform is subject to the obligations set out in the various General Terms and Conditions of Sale of MEDIABUY COMMUNICATION - FZCO accessible at the following address: https://www.mediabuy.africa/CGV
Furthermore, the information contained on the Mediabuy Africa platform is confidential. Any User or Company that transmits information contained in the Service to third parties not authorised by MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform therefore risks incurring liability, which may be cumulative where applicable.
MEDIABUY COMMUNICATION - FZCO reserves the right to take any action against any User and/or any Company and/or any third party that does not comply with the General Terms of Use.
All Users and Companies undertake to guarantee and indemnify MEDIABUY COMMUNICATION - FZCO, and any third party, against any damage, claim or demand resulting from the sending, displaying, downloading, distribution or transmission of information contained in the Service by them, in violation of the General Conditions of Use, or the rights of others or public order.
This guarantee covers both the sums that would be due to compensate for the prejudice suffered by MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform, advertisers and/or any person who considers that they have suffered prejudice as a result of the User's failings, as well as reasonable legal fees and court costs.
5/ ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
Connection to the Mediabuy Africa platform is subject to the User's prior acceptance of these General Conditions of Use.
IF THE USER DOES NOT AGREE, HE/SHE MUST NOT ACCESS THE MEDIABUY AFRICA PLATFORM AND MUST NOT USE THE SERVICES OF THE MEDIABUY AFRICA PLATFORM.
The present General Terms of Use applicable are those in force on the date of each connection of the User to the Service. It is specified that MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may freely modify the Terms of Use at any time. These changes are brought to the attention of Users and Companies simply by being put online. Consequently, they are deemed to have been accepted without reservation by any User and/or Company accessing the Service after they have been put online. Consequently, the User and/or Business is invited to refer to them each time he/she visits the Service in order to read the latest version available.
6/ PERSONAL DATA COLLECTED
6.1/ The personal data collected during the creation and operation of a user account is intended for the internal services of MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform and processed solely for the purposes relating to the Service.
The User may access the data concerning him, rectify it, request its deletion or exercise his right to limit the processing of his data.
6.2/ The data communicated via this form is collected with the user's consent and is intended for MEDIABUY COMMUNICATION - FZCO in its capacity as data controller. It may be transmitted to its subcontractors acting on the strict instructions of MEDIABUY COMMUNICATION - FZCO. The data on this form is collected for the purposes of customer relationship management, commercial solicitation and compliance with the regulations applicable to MEDIABUY COMMUNICATION - FZCO. Customer account data is kept until the customer account is deleted, then for (5) five years. Certain data processed for management purposes (e.g. invoices) may be kept longer in accordance with the applicable regulations. The user has the right to lodge a complaint with MEDIABUY COMMUNICATION - FZCO to obtain a right of access, rectification, deletion, limitation, portability and opposition on legitimate grounds to the user's personal data.
6.3/ The user acknowledges and agrees that any bank account, credit card (collectively means of payment) and related billing and payment information provided by the buyer to MEDIABUY COMMUNICATION - FZCO may be shared by MEDIABUY COMMUNICATION - FZCO with companies working on behalf of MEDIABUY COMMUNICATION - FZCO, (external accounting services, banks, electronic payment services, others) solely for the purposes of carrying out solvency checks, making a payment to MEDIABUY COMMUNICATION - FZCO, recovering debts owed to MEDIABUY COMMUNICATION - FZCO and/or managing the buyer's customer account.
6.4/ MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform shall collect, use and share this information in accordance with the legislation and tax laws of the countries concerned. In addition to providing this information, the User agrees to allow MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform to keep a record of this information for the period during which its customer account is active and for five (5) years after the account is closed, in accordance with global industry standards on data storage. By registering an account, the buyer hereby authorises MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform to carry out any investigations that it considers necessary, either directly or via a third party, to verify the identity of the buyer or to protect him, other users and/or MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform against fraud or other financial crimes, and to take the necessary measures based on the results of these investigations. The User also acknowledges and accepts that his/her personal information may be disclosed to credit control, fraud prevention or financial crime prevention agencies, which may respond to our investigations in full.
7/ MODIFICATION AND TERMINATION
The user may at any time request the modification of his information and/or the deletion of his account, these requests will be effective within 24 to 48 hours after verification of the account and operations in progress.
MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform may :
Terminate all or part of the access rights corresponding to an account and its password,
Delete an account and its password,
In particular due to lack of use, or if MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform, the user, and/or the administrator have good reason to believe that a User or a third party has violated or acted contrary to the letter or spirit of these General Terms of Use.
MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform may also unilaterally interrupt the provision of the Service at any time.
Each Company and User acknowledges that any termination of its access to the Service pursuant to the terms hereof may occur without prior formal notice, and acknowledges and accepts that MEDIABUY COMMUNICATION - FZCO shall be entitled to deactivate or delete its account at any time and with immediate effect and/or prohibit any further access to the Service.
In addition, each Company and User acknowledges that MEDIABUY COMMUNICATION - FZCO may not be held liable against it or against any third party, including any agency or advertiser, for any termination of its access to the Service.
9/ INTELLECTUAL PROPERTY RIGHTS
Each User acknowledges and accepts that the Service and any software necessarily used in connection with the Service may contain confidential information protected by current intellectual property law or any other law.
9.1/ MEDIABUY COMMUNICATION - FZCO grants each Company the non-exclusive and non-transferable right to use the Service; it being specified that it is forbidden (and that it is forbidden to grant authorisation to others) to copy, modify, create a derived service, reverse engineer or assemble or in any other way attempt to find the source code, sell, assign, sub-licence or transfer in any way whatsoever any right relating to the Service.
9.2/ Each Company and User undertakes not to access the Service by any means other than those provided by MEDIABUY COMMUNICATION - FZCO for this purpose.
Furthermore, in the event that any suggestion, request for improvement, recommendation, technology, appearance or correction incorporated into the Service and any other feedback provided by the User that may be protected by intellectual property law is generated as part of the use of the Service, it is agreed that the user will assign to MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform, upon acceptance of these General Terms and Conditions of Sale as well as the General Terms and Conditions of Use, on an exclusive basis and as and when the Service is used, all of the economic rights relating to the aforementioned, for an indefinite period and for the entire world.
9.3/ These rights include, in particular, the rights of reproduction, use, representation, publication, editing, adaptation, development, modification, correction, integration, transcription, translation, digitisation and marketing in any form, in whole or in part, by any means and on any known or future media. The transfer of the intellectual property rights of the user and/or the User being irrevocable, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may dispose of them as it sees fit, protect them by any registration in its favour that it deems necessary, exploit them as it sees fit and for any purpose, adapt them, freely transfer them to any natural person or legal entity of its choice free of charge or against payment or, on the contrary, abandon them.
9.4/ Exclusion: These rights do not apply to creations, images, films, voices, soundtracks or any editing provided by the user as part of the broadcasting of the user's advertising campaigns. The user grants these rights within the limits of MEDIABUY COMMUNICATION - FZCO's own promotion or use of its Mediabuy Africa platform.
9.5/ Without the prior written consent of MEDIABUY COMMUNICATION - FZCO and/or its Mediabuy Africa platform, the user may not modify, replicate, duplicate, copy, download, store, transmit, broadcast, transfer, disassemble, disseminate, publish, delete or modify any copyright statement or label, or license, sublicense, sell, reproduce, design, rent, lease, sublicense, grant security interests in the properties or any part of the properties, or create derivative works thereof or otherwise benefit from any part of the properties.
10/ REQUIREMENTS AND PROHIBITIONS
The user may not:
10.1/ Use deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any part of the Properties, or reproduce or circumvent the navigational structure or presentation of the Mediabuy Africa Services in any way, in order to obtain or attempt to obtain any materials, documents or information in a manner not intentionally provided through the Mediabuy Africa Services.
10.2/ Attempt to gain unauthorized access to any part or function of the properties, or to connect to the Mediabuy Africa services or to any Mediabuy Africa server or to any other system or network of any Mediabuy Africa service provided through the services by hacking, password mining or any other illegal or prohibited means;
10.3/ Probe, analyze or test the vulnerabilities of the Mediabuy Africa services or any network connected to the properties, or breach any security or authentication measures on the Mediabuy Africa services or any network connected to the Mediabuy Africa services;
10.4/ Reverse search, follow or seek to follow any information of any other User or visitor of the Mediabuy Africa Services;
10.5/ Take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the systems or networks of the Mediabuy Africa Services, or on the infrastructure of any system or network connected to the Mediabuy Africa Services;
10.6/ Use any device, software or routine program to interfere with the normal operation of the Mediabuy Africa services or any transaction on the Mediabuy Africa services, or the use of the Mediabuy Africa services by any other person.
10.7/ By accessing Médiabuy Africa's services, the user agrees that MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform have the right to investigate any breach of these Terms, to unilaterally determine whether the user has breached these Terms and to take action under applicable regulations without the user's consent or prior notice. Examples of such actions include, but are not limited to:
• Blocking and closing order requests;
• Freezing your account;
• Reporting the incident to the authorities;
• Publishing the alleged violations and the actions taken;
Delete any information that the user has published and which is found to be a violation.
11/ LIMITATION OF LIABILITY
Each Company and User acknowledges and expressly accepts that :
11.1/ Our services are provided "as is" and "as available" without any warranty, representation or guarantee, whether expressed, implied or statutory. To the fullest extent permitted by applicable law, MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform disclaim all warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform make no representation or warranty that access to the website, any or all of the services or any material contained herein will be continuous, uninterrupted, timely or error-free. MEDIABUY COMMUNICATION - FZCO and its platform Médiabuy Africa are not responsible for any disruption or loss that a buyer may suffer. Buyer hereby acknowledges and agrees that it has not relied on any other representation or agreement, written or oral, with respect to its use of and access to the services and website of the Mediabuy Africa platform. Without limiting the foregoing, the buyer hereby acknowledges and accepts the various risks including but not limited to hardware failures, software problems, internet connection failures, malicious software or third party interference resulting in the loss or inability to access his client account or other data concerning him, server failure or loss of data. The buyer accepts and acknowledges that MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform shall not be liable for any failure, disturbance, error, distortion or delay in communication that he may encounter when using the services of MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform, whatever the cause.
11.2/ Neither MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform, nor the media supports and service providers, nor any of their respective members, directors, agents, employees, advisors, consultants or representatives, are in any way responsible for any loss, damage, corruption or violation of data or any other intangible property or any special, accidental, indirect, intangible or consequential damage, whether based on contract, tort, negligence, strict liability, or otherwise arising out of or in connection with the authorized or unauthorized use of the site or services, or this agreement, even in the event that a legal representative of MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform has been advised or has knowledge or should have knowledge of the possibility of such damages, the User acknowledges and agrees not to attempt any legal action, mediation or compensation.
11.3/ When using our Services, the User may consult content or use services provided by third parties, including links to Internet pages and services of these third parties ("Third Party Content"). MEDIABUY COMMUNICATION - FZCO and its platform Médiabuy Africa do not control, endorse or adopt Third Party Content, and are not responsible for any such Third Party Content. In addition, the Buyer's exchanges or correspondence with such third parties are solely between the Buyer and such third parties. MEDIABUY COMMUNICATION - FZCO and its platform Médiabuy Africa cannot be held responsible for any loss or damage of any kind resulting from these exchanges, and the Buyer understands that its use of third-party Content and its interactions with third parties are entirely at its own risk.
11.4/ MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform do not guarantee that the Médiabuy Africa platform or the server that makes it available are free of viruses or errors, that the content is accurate, that the service will be uninterrupted or that defects will be corrected. MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform cannot be held responsible for any loss that the user may suffer as a result of measures that the user may take alone or by relying on the material or information contained in the Médiabuy Africa platform.
In general, each user acknowledges and accepts that, to the fullest extent permitted by the regulations in force, MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform may not be held liable for any direct or indirect damage, including in particular loss of profits, customers, data or any other loss of goods that may arise from the use or, on the contrary, the impossibility of using the service, following unauthorised access to the service by a user.
12/ MISCELLANEOUS
MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform may also subject the user to additional specific conditions of use which will be communicated when the Service is accessed. Failure by MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform to exercise the rights granted to it pursuant to these terms and conditions shall not constitute a waiver of such rights. In the event that any of the provisions of these General Terms and Conditions of Use are annulled by a court decision, the parties agree to guide the judge so that the judge's assessment takes into account the common intention of the parties as expressed in these General Terms and Conditions of Use, with the other provisions remaining valid and continuing to apply between the parties.
14 / What should I do if I have a problem?
If you have a question or complaint, please contact our Customer Service department.
15 / DISPUTES
For any disputes or claims, the User will refer to the General Conditions of Sale and the General Conditions of Use in their French versions which were approved by the user himself when opening his account and which will apply in their entirety.
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Date of last publication: 04 July 2025
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