GENERAL INFORMATION
QUAZAR SARL, with a capital of 1,000,000 FCFA, having its registered office in Ouagadougou, 143, rue 5.45, RC BF OUA 2016 B 5958 (QUAZAR), aims to operate the following Service:
MEDIABUY AFRICA is accessible at the following URL address:
https://www.mediabuy.africa
These General Conditions of Use are parts containing the General Conditions of Sale and the conforming parts of the following and this constitutes a legal agreement and creates a binding contract between the user and QUAZAR SARL.
By accessing, downloading, using, or downloading on "I accept" to accept any service of the Mediabuy Africa platform (as defined below) provided by QUAZAR SARL (as defined below), the User acknowledges having read, understood, and accepted all the terms of the General Conditions of Sale and General Conditions of Use stipulated herein.
GLOSSARY: For the purposes of these general conditions of use:
“Advertiser” is The person on whose behalf the advertising message is broadcast; In these Terms of Use, an "Advertiser" is an entity whose Messages (whether created by it or on its behalf by a third party) are placed by Buyer through a campaign.
"Agent" is Any natural or legal person acting on behalf of the advertiser.
"The buyer or the User or the Company" Natural or legal person who may be the "advertiser" or his "agent" as well as any other person who has fulfilled the conditions of access to the Médiabuy Africa platform, in particular, for natural persons, be at least 18 years old.
"Account or Customer Account" means a virtual account created on the Mediabuy Africa platform which allows one to perform and record all actions on the Mediabuy Africa platform and in particular to buy advertising space. The account is created by the buyer on the Médiabuy Africa platform by completing the online form and ticking the boxes of acceptance of the General Conditions of Sale as well as the General Conditions of Use.
By clicking the record button. Validation will be sent to him on the email he will have filled in the account creation form. He must validate the creation of his account by clicking on the link indicated in the email he will have received from Médiabuy Africa. This account allows him to access the entire Mediabuy Africa platform. It contains all the information of the buyer as well as the result of all his actions in particular, all the campaign simulations, the provisional estimates, the provisional media plans.
"Advertising Order" or "Order" the agreement for the broadcast of an advertising message, relating to purchases made by the Advertiser on the Mediabuy Africa platform.
“Support or media” The channel through which the advertising messages will be broadcast: Press, Television, Radio, Public Display, websites;
“Campaigns” Marketing operations intended to promote a brand, product, service, message, etc. To ensure its success, the advertising campaign relies on communication media or media to spread its message.
“Space purchase” is the process of buying, negotiating and booking advertising space that is carried out by the Mediabuy Africa platform on behalf of the buyer.
"Global Media Plan" Complete summary of all reservations made by the buyer on the Mediabuy Africa platform.
"Drawings or Dissemination Reports" Score of all the deliveries actually carried out
“Messages” or even visuals or insertions or announcements or spots or creations, are The texts, images, music, sounds and voices, making up the advertising element (collectively Advertisements) intended to be broadcast in the supports or media. These messages are provided by the buyer to the Médiabuy Africa platform on electronic file: Image file for the press, websites and public display, sound files for radio, video file for television.
"Currency Exchange Rate" means the rate we use to convert currency as a guideline; this is currently the WM/Refinitiv Closing Spot Rate, but this may change.
“Taxes” refers to all import taxes, customs fees and value added taxes, all taxes specific to advertising depending on the country in which the messages are broadcast.
"Platform or the Service" is the website of Mediabuy Africa.
“Third Party Content” refers to all services accessible by any means or contact via the Mediabuy Africa platform.
"Cookie" encompasses computer files used to record information relating to the user's browsing, but also tags, pixels or any other tracer or means of retrieving information via a technical tool including in particular the method.
"General Conditions of Sale as well as the General Conditions of Use or Conditions" These General Conditions of Sale as well as the General Conditions of Use.
1/ DESCRIPTION OF THE SERVICE
The Service allows the User to carry out his media plan and the resulting budget for the launch of an advertising campaign. It is expressly agreed that Quazar sarl reserves the right to change the Service 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 make purchases of advertising space on his behalf or on behalf of third parties.
The user is fully informed that it is expressly agreed that Quazar sarl and its Mediabuy Africa platform, cannot be called upon as a guarantee by the user due to possible breaches by the selected media supports. No indemnity, compensation or price reduction may be requested by the Company from these heads, except for reimbursement or credit on purchases of space not executed.
The description of the Service is defined in the various General Conditions of Sale accessible at the following address: https://www.mediabuy.africa/CGV
2/ GENERAL RULES REGARDING THE USE OF THE SERVICE
Quazar sarl and its Mediabuy Africa platform strive to provide quality access and to allow the User to use the means of communication made available to him in the best possible conditions.
Due to the nature and complexity of the Internet network, Quazar sarl and its Mediabuy Africa platform make the best efforts, in accordance with the rules of the art, to allow access and use of the Service. Quazar sarl and its Mediabuy Africa platform cannot in fact guarantee absolute accessibility or availability of the Service.
However, Quazar sarl and its Mediabuy Africa platform reserve the right, without notice or compensation, to modify and/or temporarily or permanently close the Service, in particular to carry out an update, maintenance operations or modifications to the servers. without this list being exhaustive.
Quazar sarl and its Mediabuy Africa platform are not liable for damages of any kind that may result from these changes or from temporary unavailability or even from the permanent closure of all or part of the Service or the services associated with it.
Quazar sarl and its Mediabuy Africa platform reserve the right to supplement, or modify, at any time, the Service according to the evolution of technologies. It is up to the User to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the Service.
For the sake of the proper functioning of the Service, Quazar sarl and its Mediabuy Africa platform reserve the right to limit the duration of data availability for the benefit of the User according to the capacities of the system used for the implementation of the Service and the storage of data, and do not undertake to provide the exhaustiveness of all the advertising campaigns whose media supports ensure the programming. Quazar sarl and its Mediabuy Africa platform cannot be held responsible for any damage related to one of these reasons.
3/ USER - ACCESS:
The Service is reserved only for Users duly authorized by Quazar sarl and its Mediabuy Africa platform who have a password and an access code which are strictly personal and confidential.
3.1/ When the user creates an account on the Mediabuy Africa platform, he must provide and agrees to provide complete and accurate information, via a form to be completed available on the Mediabuy Africa platform, he also agrees to update in a timely manner all information it will 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 these general conditions of sale and the general conditions of use.
3.2/ To obtain his access code, the User completes 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 determine their access rights within the Mediabuy Africa platform.
3.3/ The User will create an ID and a password.
Quazar and its Mediabuy Africa platform have no access to this password.
As a reminder, each account created must be linked to the professional email address designated by the user. It is provided that the professional email address is understood as that provided by the representative of the user duly authorized for this purpose, within the framework of a purely professional use and in connection with his missions. Otherwise, Quazar sarl and its Mediabuy Africa platform reserve the right to suspend said account.
3.4/ The activation of the account is done by the user, upon receipt of the confirmation email that he will receive on the email address that he will have entered and which will include a validation link, which will allow the activation of the account. . By activating the online account, the User acknowledges and accepts the IT charter of Quazar sarl and its Mediabuy Africa platform in all its provisions, in particular the acceptance of these General Conditions of Sale and the General Conditions of Use.
3.5/ The Médiabuy Africa account can only be used by the account holder. Mediabuy Africa reserves the right to suspend, freeze or cancel the use of Mediabuy Africa accounts by persons other than the account holder. If the user suspects or becomes aware of any unauthorized use of his username and password, the user must immediately inform 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 a third party with or without his authorization.
3.6/ The information that Médiabuy Africa needs to verify the identity of the buyer may include, but is not limited to, his name, his e-mail address, his contact details, his telephone number, his user name , his government-issued identity document, his date of birth, If the buyer uses the Mediabuy Africa Services on behalf of a legal entity such as a legal person, he affirms and warrants that the legal person is duly organized and existing under the laws in force in its jurisdiction and that the buyer is duly authorized by this legal entity to act on its behalf and to transmit its information such as the commercial register, tax identification number and other information collected when registering the customer account.
When the buyer provides the required information, he confirms that it is true and accurate. The customer account that the buyer has created must not contain erroneous or fraudulent information. The creation of false information for the opening of the account, the falsification of the country of origin or the provision of false identity documents are strictly prohibited.
4/ CONDITIONS OF USE OF THE SERVICE
The use of the Mediabuy Africa platform is subject to the obligations provided for in the various General Conditions of Sale of Quazar sarl 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 authorized by Quazar sarl and its Mediabuy Africa platform therefore risks incurring liability, and liability may be cumulative where applicable.
Quazar sarl 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 Conditions of Use.
All Users and Companies undertake to guarantee and indemnify Quazar sarl, and any third party, against any damage, complaint or request resulting from the sending, display, downloading, distribution or transmission of information contained in the Service by him, in violation of the General Conditions of Use, or the rights of others or public order.
This guarantee covers both the sums which would be due to compensate for the damages suffered by Quazar sarl and its Mediabuy Africa platform, advertisers and/or any person who considers that they have suffered damage as a result of the breaches of the User or the user as well as reasonable attorney's fees and court costs.
5/ ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
Connection to the Mediabuy Africa platform is subject to the prior acceptance of these General Conditions of Use by the Users.
IF THE USER DOES NOT AGREE, THEY MUST NOT ACCESS THE MEDIABUY AFRICA PLATFORM AND NOT USE THE SERVICES OF THE MEDIABUY AFRICA PLATFORM.
These applicable General Conditions of Use are those in force on the date of each connection of the User to the Service. It is specified that Quazar sarl and its Mediabuy Africa platform may freely change the T&Cs at any time. These modifications are brought to the attention of Users and t Companies simply by putting them online. They are therefore 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 user is invited to refer to it during each visit in order to be aware of their latest available version.
6/ COLLECTED PERSONAL DATA
6.1/ The personal data collected during the creation and operation of a user account is intended for the internal services of Quazar sarl and its Mediabuy Africa platform and processed solely for the purposes relating to the Service.
The User can access the data concerning him, rectify them, request their deletion or exercise his right to limit the processing of his data.
6.2/ The data communicated via this form is collected with the consent of the user and is intended for QUAZAR SARL in its capacity as data controller. They may be transmitted to its subcontractors acting on strict instructions from QUAZAR SARL. The data in this form is collected for the purposes of managing the customer relationship, commercial solicitations and compliance with the regulations applicable to QUAZAR SARL. Customer account data is kept until the customer account is deleted, then for five (5) years. Some data processed for management purposes (example: invoice) may be kept longer in accordance with applicable regulations. The user has the right to lodge a complaint with QUAZAR SARL to obtain a right of access, rectification, erasure, limitation, portability and opposition for legitimate reasons to the user's personal data. .
6.3/ The user acknowledges and accepts that any bank account, any credit card (collectively a means of payment) and the related billing and payment information provided by the Buyer to Quazar sarl may be shared by Quazar sarl with companies working on behalf of Quazar sarl, (External accounting services, banks, electronic payment services, others) solely for the purpose of carrying out credit checks, making a payment to Quazar sarl, recovering debts due to Quazar sarl and/or manage the buyer's customer account.
6.4/ Mediabuy Africa will collect, use and share this information in accordance with the legislation and taxation of the countries concerned. In addition to providing this information, the User agrees to allow Mediabuy Africa to keep a record of this information during the period during which his customer account is active and within five (5) years after the closure of his account, in accordance with the global industry standards for data storage. By registering an account, the buyer hereby authorizes Mediabuy Africa to carry out the investigations that Mediabuy Africa considers necessary, either directly or through a third party, to verify the identity of the buyer or to protect him, other users and/or Mediabuy Africa against fraud or other financial crimes, and to take the necessary measures based on the results of these investigations. The User also acknowledges and agrees that his personal information may be disclosed to credit control, fraud prevention or financial crime prevention agencies, which can respond to our investigations in full.
7/ MODIFICATION AND TERMINATION
The user can 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 the operations in progress.
QUAZAR SARL and its Mediabuy Africa platform can:
Terminate all or part of the right of access corresponding to an account and its password,
Delete an account and its password,
In particular due to the lack of use, or if QUAZAR SARL and its Médiabuy Africa platform, the user, and/or the administrator has good reason to believe that a User or a third party has violated or acted in contradiction with the letter or the spirit of these General Conditions of Use.
Quazar sarl and its Médiabuy Africa platform may also unilaterally and at any time interrupt the provision of the Service.
Each Company and User acknowledges that any termination of its access to the Service pursuant to the terms hereof may occur without prior notice, and acknowledges and accepts that Quazar sarl 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 Quazar sarl cannot bee held responsible against him or against third parties including agency or advertiser, for any termination of his 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 the intellectual property law in force or any other law.
9.1/ Quazar sarl grants each Company the non-exclusive and non-transferable right to use the Service; it being specified that it is prohibited (and that it is prohibited to grant to others permission) to copy, modify, create a derivative service, reverse design or assembly or in any other way attempt to find the code source, sell, assign, sublicense or otherwise transfer any rights in the Service.
9.2/ Each Company and User agrees not to access the Service by any means other than provided by Quazar sarl for this purpose.
Furthermore, in the event that any suggestion, request for improvement, recommendation, technology, appearance, correction incorporated into the Service and any other feedback provided by the User that may be protected by intellectual property law is generated in as part of the use of the Service, it is agreed that the user will yield to Quazar sarl and its Mediabuy Africa platform, upon acceptance of these General Conditions of Sale as well as the General Conditions of Use, exclusively and at the as and when the Service is used, all the property rights relating to the aforementioned, for an indefinite period and for the whole world.
9.3/ These rights include in particular the rights of reproduction, use, representation, publication, edition, adaptation, development, modification, correction, integration, transcription, translation, digitization and marketing in all forms, in whole or in part, by any means and on all known or future media. The transfer of the intellectual property rights of the user and/or the User being irrevocable, Quazar sarl and its Mediabuy Africa platform may dispose of them as it sees fit, protect them by any deposit for its benefit that it deems necessary, exploit them as it sees fit and for all purposes, adapt them, transfer them freely to any natural or legal person of their choice free of charge or against payment or, on the contrary, abandon them.
9.4/ Exclusion: These rights do not concern the creations, images, films, voices, soundtracks or any montages provided by the user within the framework of the dissemination operations of the user's advertising campaigns. The user grants these rights within the limits of the own promotion or use of Quazar sarl and its Mediabuy Africa platform.
9.5/ Without the prior written consent of Mediabuy Africa, the user may not modify, replicate, duplicate, copy, download, store, transmit, broadcast, transfer, disassemble, broadcast, publish, delete or modify any statement or label of right copyright, or license, sublicense, sell, reproduce, design, rent, lease, private label, grant security interests in the Properties or any part of the Properties, or create their derivative works or otherwise profit from any part properties.
10/ REQUIREMENTS AND PROHIBITIONS
The user cannot:
10.1/ Use deep links, 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 material, document or information in a way not intentionally provided through Mediabuy Africa services.
10.2/ Attempt to access any part or function of the Properties without authorization, or to connect to the Mediabuy Africa services or any Mediabuy Africa server or 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 violate any security or authentication measures on the Mediabuy Africa services or any network connected to the Mediabuy Africa services;
10.4/ Carry out a reverse search, track or seek to track any information of any other User or visitor to the Mediabuy Africa Services;
10.5/ Taking measures that impose an unreasonable burden or dispproportionate on the infrastructure of the systems or networks of the Mediabuy Africa or 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 the Mediabuy Africa services, the user accepts that Mediabuy Africa has the right to investigate any violation of these Conditions, to unilaterally determine whether the user has violated these Conditions and to take action under applicable regulations. without his consent or notice. Examples of such actions include, but are not limited to:
Blocking and closing order requests;
Freeze your account;
Report the incident to the authorities;
Publish alleged violations and actions taken;
Delete any information the user has posted that is found to be infringing.
11/ LIMITATION OF LIABILITY
Each Company and User expressly acknowledges and accepts that:
11.1/ Our services are provided "as is" and "as available" without any warranties, representations or warranties, whether expressed, implied or statutory. To the maximum extent of applicable law, QUAZAR SARL and its Mediabuy Africa platform disclaim all warranties of title, marketability, suitability for a specific purpose and/or non-infringement. QUAZAR SARL and its Mediabuy Africa platform make no representation or warranty that access to the website, to all or part of the services or to any material contained herein, will be continuous, uninterrupted, punctual or error-free. QUAZAR SARL and its Mediabuy Africa platform are not responsible for any disruption or loss that a buyer may suffer. The buyer hereby acknowledges and admits that he has not relied on any other declaration or agreement, written or verbal, with regard to his use of and access to the services and the website of the Mediabuy Africa platform. Without limitation to the foregoing, Buyer hereby acknowledges and accepts various risks including but not limited to hardware failures, software problems, internet connection failures, malware or third party interference resulting in loss or inability to access to his customer account or other data concerning him, the failure of servers or the loss of data. The buyer accepts and acknowledges that QUAZAR SARL and its Médiabuy Africa platform will not be responsible for any failure, disruption, error, distortion or delay in communication that he may encounter when using the services of QUAZAR SARL and its Médiabuy platform. Africa, whatever the cause.
11.2/ Neither QUAZAR SARL and its Médiabuy Africa platform, nor the media carriers and service providers, nor any of their respective members, directors, agents, employees, advisers, consultants or representatives, are in any way responsible for any loss, damage , corruption or breach of data or other intangible property or any special, incidental, indirect, consequential, or consequential damages, whether based in contract, tort, negligence, strict liability, or arising out of any other way 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 QUAZAR SARL and its platform Médiabuy Africa has been warned or has had knowledge or should have having knowledge of the possibility of such damages and notwithstanding the failure of any agreed compensation or otherwise of its essential purpose, except in a final court order that such damage would result from gross negligence, fraud, willful professional misconduct or intentional violation of the law on the part of QUAZAR SARL and its Mediabuy Africa platform.
11.3/ When the buyer uses our Services, he may consult content or use services provided by third parties, including links to Internet pages and services of these third parties (“Third Party Content”). QUAZAR SARL and its Mediabuy Africa platform do not control, endorse or adopt Third-Party Content, and are not responsible for any such Third-Party Content. In addition, Buyer's exchanges or correspondence with such third parties are solely between Buyer and such third parties. QUAZAR SARL and its Médiabuy Africa platform cannot be held liable for any loss or damage of any kind resulting from these exchanges, and the Buyer understands that his use of Third Party Content as well as his interactions with third parties are entirelyt at his own risk.
11.4/ QUAZAR SARL 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 and that defects will be corrected. QUAZAR SARL 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 the user relying on the material or information contained in the platform. Mediabuy Africa.
In general, each user acknowledges and accepts that, to the fullest extent permitted by the regulations in force, that QUAZAR SARL and its Médiabuy Africa platform cannot be held responsible for any direct or indirect damage, including in particular loss of profits. , customers, data or any other loss of property that may arise from the use or, on the contrary, the impossibility of using the service, following unauthorized access to the service by a user.
12/ MISCELLANEOUS
QUAZAR SARL and its Médiabuy Africa platform may also subject the user to specific additional terms of use which will be communicated when accessing the Service. The failure of QUAZAR SARL and its Médiabuy Africa platform to exercise the rights granted to it under these terms does not constitute a waiver of the exercise of these rights. In the event that any of the provisions of these General Conditions of Use would be canceled 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. manifested by these General Conditions of Use, the other provisions remaining valid and continuing to apply between the parties. Do not judge a book by it's cover.
14 / What to do in case of problem?
If you have a question or complaint, please contact our Customer Service.
15 / DISPUTES
For any disputes or complaints, the User will refer to the General Conditions of Sale which will apply in their entirety.
Date of last publication: June 16, 2022