GENERAL TERMS OF USE AND SERVICES OF THE MARKETPLACE 

“AMSCAAF TRADE”

The services offered by the platform, which have an in particular professional purpose, are not accessible to the minors. The contract concluded with a minor is considered null and nonwhich occurred.

The accessible site http://www.amscaaf-trade.com at the address is published by Company AMSCAAF limited liability company, - BP 51218 - 6 (a) Zones Artisanal Galmot 97300 Cayenne, French Guiana.

The Site allows the comparison

- Companies and professionals of “Zone AMSCAAF” (Amazonia, South America, America centrale+Mexic, Caribbean, Africa), between them and with that moreover world. 

The suppliers can present their products and services to it to be contacted by the purchasers

Subject:

The present Conditions have the aim of defining the conditions and methods of provision and use of the services offered by the platform of the marketplace, named “AMSCAAF TRADE”, accessible http://www.amscaaf-trade.com at the address   as well as the respective obligastions of the Company which exploits it holders of accounts and users.

The marketplace called “GUYANA PROMOTION” allows in particular the purchasers registered to obtain estimates on behalf of the suppliers of goods or services registered

 Conditions of membership

The marketplace accessible to is very undertaken, whatever its legal form (legal person or natural person) which practices a profession, commercial in French Guiana and with any tourist operator of Suriname, of Guyana and some of the states of Brazil (Amapá, Pará) which develop partnerships with those of French Guiana for the organization of stays in French Guiana

The company which is registered declares and guarantees that it is regularly recorded in this quality on the national register of the government enterprises in which it has its office, its fixed place of business or its place of business. The Company reserves the right to carry out a checking of this registration and to suspend the Account if the Holder of the Account does not justify his registration within a period of fifteen days as from the sending of e-mail for this purpose.

In the case of an Account open on behalf of a legal person, the User must be a legal representative of this one or an employee profiting from a mandate, a power or a delegation signed by the legal representative of the legal person for whom the Account is open.

Definitions

♦ the present Service and General terms are called hereafter “the Conditions”

♦ the various services offered by the platform are called hereafter “the Service”.

♦ the platform of the marketplace “GUYANA PROMOTION”, accessible by Internet network, is called hereafter “the Site”.

♦ AMSCAAF limited liability company, - BP 51218 - 6 (a) Zone Artisanale Galmot 97300 Cayenne, French Guiana, which holds the whole of the rights enabling him to provide the Service and exploits the Site is called hereafter “the Company”,

♦ the natural person using the service after having created an account is hereafter called “the User”, who it intervenes in his proper name or with the name and a commercial natural person or of a legal person.

♦ the account open and used by the User is, hereafter, called “the Account”.

♦ the natural person or morals represented by the User and on behalf of which the User is registered voter is called “the Holder of the Account”.

♦ When the commercial natural person who wishes to profit from the services offered by the Site registers itself, it is at the same time “user” and “Holder of the Account”.

Fast acceptance of the conditions

Any access and/or use of the Service are subordinated to acceptance preliminary and without reserve like to the respect of the whole of the terms of these Conditions by the User representing the Holder of the Account validly.

This acceptance consists in the fact of notching the box preceding the following mention: “I admit having read and having accepted the whole of the general terms of the site.” or an equivalent sentence

The Company addresses, as of confirmation of the acceptance of the Conditions, e-mails to the User to show reception and give access to the Account of it

The acceptance of these Conditions according to these methods gives birth to a contract between the Company and the Holder from the Account.

The Company will have the ability to modify the Conditions constantly. The Company notifies any modification of these Conditions at the User. This one will be famous to have accepted the modification fault of having refused it within a period of 15 days. The User is then held to respect the last version of the Conditions.

By using the Service, the User can, if necessary, being led to use or reach the services of a third (hereafter “Thirds”), partner of the Company, with the means in particular the API one.  On this assumption, the contractual relation with this Third will be governed by the Conditions of use of this Third, to which the Company remains foreign.

Opening of an Account

The User commits himself at the time of the opening of the Account required exact, faithful and valid information corresponding to the real identity of the Holder of the Account and to his own identity, in particular his name and first name complete, the address of his company or the address of his residence, a phone number, as well as a valid e-mail. The User commits himself moreover regularly updating the whole of information relating to it and concerning the Holder of the Account. The User can carry out the modifications of the data constantly relating to it and supplement, if necessary, his profile by optional information.

In the event of failure proven with obligation of the exact and faithful identification stipulated above, the Company reserves the right to suspend the account and, if necessary, to terminate the contract according to the methods envisaged by the present Conditions.

The Service is accessible to any User having an Internet access. All the costs related with the access to the Service, that they are the expenses related to equipment, software or of access to Internet network are the exclusive responsibility of the User. he preserves at his load all the direct and indirect costs of access to the Service via Internet network and another network.

The Holder of the Account is only responsible for the good performance of his computer equipment, his software and in particular of his browser as well as security software (in particular firewall and antivirus), of their integrity, their parameter setting, of their update, as well as his access to Internet network.

The Holder of the Account agrees not to reach and to use the Service only for purposes authorized by the present Conditions, in accordance with any legislation or regulation applicable and in particular to the laws of applicable police or public order on the territory on which its company carries on its activity, with the only means of the interfaces and features of the Site and while conforming to the methods prescribed by the Company.

Confidentiality of the login and the password

The use of the Service requires an authentification at the time of the connection of the User using his login and his password. The login and the password are defined by the User during the recording. It can change some constantly. The Company recommends to the User to regularly change his password, in order to preserve the confidentiality of it.

The User and the holder of the account, when the User is not titular account, commit themselves preserving the confidentiality of the password associated with the Account. The User and, if necessary, the holder of the account, if it is about a distinct person, are responsible for all acts carried out starting from his Account by thirds not - authorized in the event of disclosure of the password, whether she is voluntary, accidental or due to the negligence.

The User is only responsible for the use which could be made by thirds not - authorized its login and password the Company will not be responsible at all for the losses or damage, of some nature which they are, rising from the failure of the User to respect this obligation of confidentiality.

The User commits himself communicating without delay at the Company any use not - authorized of his password or his Account.

Accessibility, use of the Service and responsibility for the Company

The hardware and software requirements with the access to the Site and the use of the Service remain under the whole responsibility of the User. He belongs to him to take all appropriate measures in order to protect his data, computer systems and/or software and programs of the contamination by possible viruses, Trojan horses and other threats.

The Company puts in work the means at its disposal to ensure an access of quality the Service. But it cannot be held responsible for:

·         any local limitation of access to Internet network, in particular in terms of flow,

·         any limitation or difficulty of access to the Service related to the hardware and/or software configuration of the terminal used,

·         any event of cause beyond control, escaping the reasonable control, which would prevent or degrade the access to the Service.

Such events of major force understand, without however limiting itself to it, the natural disasters, industrial, technological or nuclear, the fires, earthquakes, floods or explosions, the insurrections, riots, disorders or conflicts civil, the terrorist acts, the war or military operations, the urgencies national or local, the acts or omissions of a government, the blockades, embargoes, restrictions, sanctions, or ordinances civil, civil protection or military authorities, action or governmental decree, records of a public enemy, general shortage of transport, goods or of energy, or any other similar circumstance, breakdown of the telecommunication networks, social conflicts of some nature that it is, strike or another labor dispute.

The Company puts in work the means at its disposal to make safe the software elements of the Site as well as the data exchanged on this one.

In a general way, in the event of impossibility of access to the site or dysfunction of this one, because of engineering problems, the Holder of the Account cannot prevail himself of a consecutive damage and can claim with no allowance, that it is under a loss of customers, sales turnover or any other reason.

The Company is not responsible for the contents of the websites of the Holders of Accounts nor of the contents of the websites towards which hyperlinks would point, as long as the withdrawal of such links was not required expressly under the terms of a legal decision or by the victims of these contents, since it appears obviously illicit.

The Company books moreover the possibility of stopping, of suspending temporarily or of modifying without notice the access to whole or part of the Service in the event of technical need, in order to ensure maintenance of it.

For any other reason, the Company is committed informing the User of a unavailability envisaged of the Service, entitling to no possible request of compensation for the User.

Maintenance of the Site

The Company obliges to maintain, as much as possible, on the technical plan, the Site so that it remains available to all the Users 24:00/24. Difficulties related on the local infrastructures, the configurations of the networks or computer systems used can nevertheless cause disconnections or decelerations for which the Company cannot be held responsible.

The Company is booked, in addition, the right to carry out maintenance actions as well as modifications of the Site which can punctually slow down the access or cut connection to the Site punctually.

Limitation of responsibility within the framework for the supply for the Service

The company remains, in all the cases, completely independent of the Holders of Accounts intervening on the marketplace. The Company, behaviour to preserve a total independence with regard to the members of the marketplace, never intervenes in favour of one or the other of the Holders of the Accounts, even if it is a question of settling a disagreement. In the event of persistence of the disagreement, it belongs to the Holders of the Accounts to make it slice by the jurisdictions of common right, under the ordinary conditions, the clause of attribution of jurisdiction relating to only the litigations between the Holders of the Accounts and the Company.

The Holders of the Accounts assume the whole responsibility for the good execution of the contracts concluded between them, in the conclusion of which the Company never intervenes, with some title that it is.

The contracts between the Holders of the Accounts being definitively concluded within the framework from direct exchanges between them without any intervention on behalf of the Company, simple providing technical, it is held with none the obligations, principal or additional, contractual, legal, lawful, jurisprudential or usual which could result from the conclusion, the execution or the rupture of the aforesaid contracts.

The Company, which is not able to carry out checks on the nature and the quality of the goods and the services offered by the Holders of the Accounts, is by no means held, with regard to the Holders of the Accounts and the thirds, with the title of nature, quality, the security or the admissibility of the goods or proposed services, nor with the title of the veracity, exactitude, the authenticity and the relevance of information appearing in the ads and other publications of the Holders of the Accounts, not more than with the title of the capacity or, more generally, the right of the salesmen or the people receiving benefits to sell or provide the aforementioned goods or services.

The Company does not exert any control a priori on the contents put online by the User and, not taking part in the definition of its leading policy, does not control in a systematic way the contents, even a posteriori.

In a general way, the Company is by no means held of an obligation of monitoring of the data and contents, nor of any obligation of removal of contents, unless being expressly invited there by a person legally authorized and founded to present such a request. If a person notes or estimates that Contents stored on the Service present an obviously illicit character, it can announce it to the Company by getting in touch with it. Any notification of contents wrongly presented as illicit with an aim of obtaining the withdrawal from it exposes its author to civil and/or penal sanctions.

 The Site being only one platform on which meet supply and demand of goods or services without the intervention of the Company, the services dematerialized and in particular the consultations are provided apart from the platform and are not part of the Service.

The Company does not guarantee that the platform put at the disposal of Users fulfills the requirements of the various professions and in particular of the regulated professions, whether it is as regards the confidentiality or on any other plan.

The Holder of the Account providing remains, consequently, within the framework of the supply of his own services, entirely responsible for the respect of the legal, lawful and ethical requirements. Same manner, the Holder of the Clients' account gives up any action against the Company if the providing member of a profession regulated does not comply with the legal rules, lawful and ethical applicable to its profession.

Obligations of the Holder of the Account

The User commits himself not to online use and putting only data, information, works, creations or more generally contained of which he is the author or on which he holds the patrimonial rights or for which he will have obtained a prior approval allowing their publication within the framework of a platform of social network.

The User commits himself inserting only exact, precise and authentic information, relating to goods and services available and licit.

The User acting as quality of salesman or service provider commits himself to sell the products or providing the services mentioned in his offer without adding, thereafter, of the expenses not mentioned in the aforementioned offer, which must be formulated all fresh and inclusive of tax, this so that the purchasers and customers can usefully compare the offers.

Referencing of the members of the regulated professions.

Registration, on the Site, of a professional member of a profession regulated in its State of installation is subordinated to the justification of its registration on the official list of its profession, near the ordinal or comparable authorities. Only one registration per cabinet is authorized.

In all the cases, the professional members of the regulated professions expressly commit themselves fitting in the respect of the regulations, codes of conduct and uses inherent in their activity or profession.

Intellectual property of the Site and the Service

The Company is titular of the whole of the patrimonial rights on the textual components, graphs and, like on the structure of the Site itself, subject to the contents provided by the Users and of the authorizations obtained by the authors and having rights for the elements on which it would not hold the entirety of the patrimonial rights.

The access to the Service is not conceded that within the framework of a licence of final use without any transfer of the intellectual property laws born during the creation and/or of the evolution of the Service.

These intellectual property laws cannot be used that in the framework and the strict respect of these Conditions. In no circumstance the User, the Holder of the Account or a Third can acquire intellectual property laws relating to the Service, the graphic or textual elements or the technical solutions used by the Service, nor on any trademark or of service, denomination or characteristic pertaining and used by the Company within the framework of the Service.

The use of whole or part of the Site, in particular by download, reproduction, transmission, representation or diffusion at other ends that those defined by the present Conditions is strictly prohibited and is likely to characterize a counterfeit which the Company books to make sanction by a legal action.

Any extraction or re-use of a substantial part of the data contained in the pages of the Site and/or used within the framework of the Service is prohibited to the User without fast and preliminary authorization.

Licence of final use

As from the opening of the Account, the Company concedes with the Holder of the Account a nontransferable and nonexclusive licence (hereafter the “Licence”), having for only object the final use of the Service. 

The features of the Service are likely to be modified.

Licence of use on the contents put online

In order to allow the supply of the Service describes under the present Conditions, the Holder of the Account concedes at the Company a nonexclusive licence of use of the contents and data which it online puts on the Site or, more generally, that it integrates into the Service within the framework of his operation. For purposes of execution of the Service, the Member authorizes the Company to reproduce, represent, adapt and translate the contents and the abundant data by him via the Site, while carrying out in particular a data recording on any digital or physical support. For the needs for the Service, the Company can be resulted in carrying out modifications of working, in particular in the event of modification of graphic charter or modification of the features of the Site, in the respect of the moral right of the User.

The User acquires any right, neither by the effect of these Conditions, nor by the use of the Service, on the data, information, works, creations or more generally contained put online by the other users.

The licence of use on the contents put online by the Users is conceded, according to the conditions and procedures envisaged by the present Conditions for the whole world and the duration of the contract binding the User to the Company.

Responsibility for the Holder of the Account during the use of the Service

The Holder of the Account is responsible for the elements stored and/or addressed and/or published within the framework of the use of the Service. The Company at all does not engage its responsibility as for these Contents as long as its withdrawal is not required by a person legally authorized to proceed to such a request.

The User avoids within the framework of the use of the Service devoting himself to acts, of some nature that it is (in particular with acts of consultation, download, sending, diffusion, edition, emission, put online, publication or of any other manner), which would be contrary with the French law or provisions of public order of another national law suitable for apply, would undermine the public order, or with the rights of a third.

The user prohibits himself in particular:

-       to use a false identity,

-      To attack the intellectual property laws of the Company or the thirds,

-      To use a software or a program “robot” or, more generally, any system, software, program, element of program or automated tool surfing on the Site without intervention human and using without human intervention,

-      To diffuse illegal or illicit contents, and in particular of the contents in matter defamatory, abusive, racist or xenophobe, obscene, violent or incentive with violence,

-      To use or disseminate data, information or contents resulting in decreasing, disorganizing, to prevent the normal use of the Site, or to stop and/or slow down the communications between the users,

-      To use the Service to send not requested messages massively or to collect contact and, more generally, data for this purpose,

-      To use the Service to implement practices comparable to sales or services “to the snowball” or to set up pyramidal systems,

The User is only responsible for the consequences for any hyperlink, authorized or not, worms of the websites, profiles, comprising Web pages etc of the illegal, illicit contents or opposite with the public order or the moralities.

Duration and cancellation of the contract

The Contract is concluded for one unlimited duration as from acceptance by the User from these Conditions. This acceptance corresponds to the moment when the User clicks in the hyperlink which enables him to validate its e-mail.

The User can, except agreed contrary stipulations within the framework of a particular contract, to constantly cancel his Account while following the procedure adapted for this purpose.

The cancellation of the account involves the cancellation of the Licence of use and the inaccessibility to the unit of the Service. It is thus recommended to proceed to the safeguard of the personal contents (texts and photographs in particular) on any support other than that used by the Service to store the data, before proceeding to the cancellation.

On the assumption that operations would be in hand, the User accepts that the Account and the Service are maintained into force until the outcome of the operation considered.

In the event of failure with the obligations which rise from these Conditions, the Company is in right to cancel and disable the Account of the User and to cancel the Licence of the User, without allowance nor no form of compensation. The suspension of the Service intervenes, except agreed contrary stipulations within the framework of a particular contract, at the conclusion of a five (5) working days notice which will be given by the Company through an e-mail and/or paper.

The Company is also in right to cancel and disable any Account and to cancel the Licence when it is forced there because of a regulation legal or regulatory, or when a partner with which it provides the Service puts an end to his relations with the Company, or ceases providing the Service, whatever is the cause, if no alternative solution is found.

The Company also has faculty, in the event of contractual failure, to immediately suspend the access to the Site and the Service, in particular when it is informed by a legally authorized person or, more generally, by a third of a use of the Service illegal, illicit or contrary in the present Conditions. This faculty can also be used in waiting of a cancellation in the event of manifest violation of these Conditions or provisions of public order.

Confidentiality, Information and Personal data

The data in personal matter concerning the User, and if necessary the legal person whom it represents, will be the object of a treatment in accordance with the privacy policy of the accessible Company at the address: https://www.amscaaf-trade.com/fr/infos/privacy

Price – Payment - paying optional Services

The User has, in addition, the ability to subscribe various subscription-based services having for object the promotion of his company, of his products or services, in particular of the variable subscriptions online of durations: 1mois, 3mois, 6 months, 1 year

The particular conditions relative to these services are specified on the page “How it goes” accessible at the address following: https://www.amscaaf-trade.com/fr/infos/how_to_use

The prices are indicated at the time of the Order, in the currency chosen by the User.

During the placing of the Order, the User guarantees to have legal capacity to conclude a contract with the Company. The User states, moreover, at the time order to represent it legally the Holder of the Account.

The payment is carried out under the conditions envisaged at the time of the Order, by online payment or transfer. For any online payment by credit card, the User guarantees that it has the rights enabling him to use the map whose references are indicated during the Ordering. The payment by cheque: the Order is effective after the reception of the cheque and the manual treatment which it generates. In the event of Order with sending of a cheque, the treatment of the Order is suspended for one period from at least 48 to 72 hours or longer in the event of disturbances of the services of distribution of the postal mail.

In order to place the Order, the User must fill a form online accessible since the Site. The contract of performance of service is formed when the User clicks on the button “To validate” at the time of the confirmation of his Order.

Until the final stage of the validation of the Order, the User has the possibility of returning in the previous pages, of correcting and of modifying his Order as well as the furnished information beforehand.

E-mail of confirmation, showing reception of the Order and taking again the whole of this information, is then sent at the address e-mail of the Holder of the Account, thus, if it is different, that with that of the User as soon as possible.

Customer service

For any information or question, the customer service of the Company is at the disposal of Holders of Accounts:

- at the address postal following: AMSCAAF limited liability company – BP 1218 – 97346 - Cayenne – French Guiana – Cedex and at the address e-mail following: -contact@amscaaf.com.

Various provisions

The not-exercise by the Company of the rights which are acknowledged to him pursuant to the present Conditions does not constitute a renunciation to be taken advantage of these rights.

On the assumption that any of the provisions of the CGU would be cancelled or declared inapplicable, the other provisions would remain valid and continue to apply by preserving their effect and their range.

The emails exchanged between the parts validly prove the content of their exchanges and, if necessary, their commitments.

The files contained in the computerized registers, preserved in the computer systems of the Company under reasonable conditions of security, are regarded as valid evidence of the data exchanges and conventions of the parts.

Applicable duty – Attribution of jurisdiction

The legal Conditions and, in a more general way, relations between the Holders of Accounts, the Users and the Company are subjected to the French right, subject to the provisions of public order of a national law suitable for apply.

Any litigation relating to the conclusion, the execution, the interpretation or the rupture of the contract defined by the present Conditions is subjected to the courts of competent jurisdiction within the competence of the Court of Appeal of Cayenne.

In the presence of several versions and in the event of difficulty of interpretation, the French version of these Conditions will prevail on any other version.