TERMS AND CONDITIONS

Last updated: 07/06/2021

1) Acceptance of the terms and conditions of use

Visable, a public company:

• GOLDBERG COMMERCE S.A.R.L AU
  Al Massar, 1097  – Industrial Zone – 40100 Marrakech – Morocco
  

• Financial Identity

  • Capital : 1.000.000 Dh / 100.000 €
    ICE : 002896500000071
    CNSS: 2756886
    RC: 117851 – FISCAL: 50506165

in publisher of the website  www.goldberg.com (hereinafter referred to as the GOLDBERG website”).
The website is hosted by Visable.
The editorial and publication director is Mr. BADA
In addition to the company directory, this website comprises a set of services including GOLDBERG the Corporate website and the online sales service.

In order to use the services provided by GOLDBERG, should these services be free, payable or require the creation of a GOLDBERG account, you hereby undertake to comply with these terms and conditions of use (hereinafter referred to as the “Terms and Conditions of Use”).

 

2) Description of the services

(a) The directory

GOLDBERG provides an online B2B directory service under the banner “COMPANIES” which is available in 26 languages and lists 3,000 companies. Consulting this directory is totally free of any charge. In order to be listed in the GOLDBERG directory you may:

• either submit an advertisement free of charge by filling in the free subscription form (Free Listing);
• or submit an advertisement for a charge by filling in the online subscription form in the special terms and conditions indicated and printable at the end of the subscription process;
• or ask Visable to draw up an estimate.

The architecture of the Directory and its search section has been fully developed by GOLDBERG

(b) GOLDBERG

GOLDBERG is a service provided on the website that centralises all the bespoke services and profile information of each member subscribing to the website, providing them with access and enabling them to publish information directly on the GOLDBERG website and make any modifications.

→ GOLDBERG terms and conditions

(c) Tools

The GOLDBERG website provides its Users with a set of tools enabling them to communicate directly with their chosen contact, notably via an integrated email service sent to a single contact at a time.

Each User undertakes to strictly adhere to the terms and conditions of use of these tools described below. Failure to do so will result in the User being refused further access to these tools and functionalities.

(d) Online Sale

The online sales service enables website Users to subscribe and, if the situation so requires, pay the subscriptions offered by GOLDBERG directly on its Internet site

→ OnlineSale terms and conditions

3) Use of the services

The User of the GOLDBERG website acknowledges and guarantees being a company with a legal existence and business activity, and marketing lawful products.
The User of the GOLDBERG website undertakes to communicate and transmit true, exact and full information and to regularly update this information.
The User undertakes to use all the GOLDBERG website services available in an adequate and non-abusive way and especially undertakes not to interfere with the correct operation of the GOLDBERG website in any way whatsoever.
The User must ensure that they do not improperly overload the bandwidths and/or do not transmit elements that may damage, intercept and/or interfere with all or part of the GOLDBERG website.
The User may not:

• engage in any decompilation, inverse engineering or dismantling of the Directory and its associated services or in any attempt to discover their source code;
• tamper with or disrupt the operation, communication or any operation related to the Directory and its associated services during use;
• duplicate, reproduce, copy, modify or create any by-product from the Directory and its associated service.

4) Privacy and personal data protection policy

Visable recognizes the importance that must be given to the protection of personal data.
Visable makes every effort to apply a strict policy on the protection of personal data that consists, in particular, of high levels of security for products and services offered directly by the europages.com website in an attempt to best protect information concerning an identified or identifiable person gathered on the europages.com website.
These privacy regulations apply to all the services offered by Visable on the www.europages.com website and all its language versions.

→ Terms and conditions of our privacy and personal data protection policy

5) Licence

The company that has a paid or free advertisement in the Directory grants Visable the non-exclusive, worldwide right and free use of its brand names, logos, trading name and any other content included in the Directory advertisement allowing Visable to reproduce, publish and disseminate them on its website, on the websites of its partners and on third party websites. This right is granted for the entire period the advertisement is published in the Directory.

The company that has an advertisement in the Directory guarantees that they hold all the rights authorizing them to grant Visable the above-mentioned rights and guarantees that they do not prejudice the rights of any third party.

6) Intellectual property rights

All editorial elements and content of the Visable website (notably trademarks, texts, graphics, logos, animations, etc.) are the exclusive property of Visable, with the exception of elements contributed by Visable’ partners or other sites accessible via the GOLDBERG website.

All rights of reproduction or representation of the site www.europages.com are reserved for all countries and for all media, present and/or future.

The User acknowledges that the downloading of addresses and information from the GOLDBERG website, especially for the purposes of constituting a database is prohibited.

 

With regard to the database making up the Directory and its associated services, the User acknowledges and accepts that the data comprised therein is legally protected and, in accordance with the aforementioned legal provision, shall refrain from:

• extracting, reusing, storing, reproducing, representing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the Directory and any of its associated services,
• systematically and repeatedly extracting or reusing any qualitatively or quantitatively non-substantial part of the contents of the databases on the Directory and its associated services, that are accessed during operations that obviously go beyond the normal terms and conditions of use of a directory.

7) Responsibility

The company that has an advertisement in the Directory is fully responsible for the Contents to which its gives access via the advertisements put on line in the GOLDBERG website and/or links to exterior sites. The company particularly undertakes to ensure that the aforementioned Content is not contrary to French law and does not disrupt public order or infringe third party rights.

Insofar as Visable is unable to monitor all the content of the Internet sites linked to the GOLDBERG website, the User acknowledges that Visable may not be held responsible for any products, services and/or information available on and/or from such Internet sites

Visable may not be held liable for any direct or indirect damage that may arise from the use of the GOLDBERG website for any reason whatsoever.

Visable declines all responsibility for the malfunction of the GOLDBERG website, for incompatible operation in conjunction with any other product, hardware or software and/or any possible loss or distortion of data.

Some GOLDBERG website pages contain links to other external Internet pages that have no partnership with Visable.

Visable strongly recommends that its Users carefully read the personal data protection policy of each Internet site that they consult.

Visable may not under any circumstances be held responsible for the exchanges between Users and companies present on the GOLDBERG website or for any future business relationship that may be established between them, Visable being a third party in these relationships.

In any case, Visable’ liability for the use of the GOLDBERG website shall be strictly limited to the lower of the two following sums: the sum corresponding to the amount paid.

8) Security

Visable is unable to offer any absolute guarantee of security, insofar as the Internet is an open network that is, by its very nature, sensitive to such risks.

Visable guarantees that its services comply with its security policy and may not be held liable in the event of a malfunction in the exterior network.

Under no circumstances shall the liability of Visable be invoked for any prejudice and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of any kind, from the suspension and/or termination of the connection to the GOLDBERG website.

The User of the website hereby declares that it is aware of the said risks and accepts them.
The User undertakes to keep strictly confidential any login name and password chosen and communicated to Visable.

Their use is deemed to have been made only by the User.

9) Equipment and connection charges

It is the User’s responsibility to install the appropriate equipment in order to be able to connect to the GOLDBERG website.

All costs relating to equipment, connection and transmission necessary for the use of the Directory and its associated services shall be borne exclusively by the User.

Moreover, the User shall take all appropriate measures to protect their own data and/or software stored on their computer equipment from any loss or damage.

The User is wholly liable for the connection.

The User is also informed that certain company telephone numbers recorded free of charge on
Visable may be displayed with a premium-rate number.

In this case, information shall be given about the detail and total price of the call.

10) Resiliation

Visable reserves the right to close the GOLDBERG website (or some of its services) at any time with prior notice of thirty (30) days before closure takes effect.

Visable may, at any time, suspend and forbid access to the GOLDBERG website of any User infringing the terms and conditions of use and more generally any legislation and/or regulation that may be applicable.

11) Effective date and period of validity of the terms and conditions of use

The Visable terms and conditions of use apply from the moment the User logs onto the www.europages.com website.

They take precedence over all previous terms and conditions and may be modified at any time by Visable.

In this event, the modifications made shall become immediately effective from the moment that they are put on line.

12) Customer service

Visable provides you with a customer service available

13) Attribution of jursidiction – settlement of disputes

In the event of any major dispute between the User and Visable, the parties agree to seek an amicable solution. Failing this, the Commercial Court in Nanterre shall be granted jurisdiction.
These terms and conditions of use are governed by French law.

The French version shall prevail over any other translation that may have been made of these terms and conditions of use.