The service is published by MOBILE PASS (hereinafter referred to as "MP" or the "Company") whose contact information appears in the "Publisher and customer service" menu. Access to the services offered on the website "ZIKPLAY" accessible on the mobile application and/or by SMS (hereinafter referred to as "Support (s)") shall be without reservation of these provisions (hereinafter referred to as the "CG"). The CG is established in French and available online from the Support. While retaining the right to modify its CG. Article 0: Definitions Each of the following terms shall have in the singular as in the plural the meaning assigned to it hereafter: subscription: means a paid package giving access to all Services over a renewable day period expressly for periods of the same duration, except for termination under the conditions referred to in these GC. The subscription being billed to the user by SMS. (telecommunications) Operators: means the organization that operates a telecommunication network or supplies or invoices fixed or mobile telecommunication services. Services: means the services offered by SMS or the Internet by the company on the media. SMS-MO (or Short Message Service mobile Originated): means an SMS from a user's mobile phone. SMS-MT (or Short Message Service mobile Terminated): is an SMS received on a user's mobile phone.
Terminal: means a mobile phone with configured and connected SMS and WAP access. Territory: means the territory on which the Services are accessible to users, namely Morocco. User (s): means any major or emancipated, non-professional natural person, validly registered on the Support and using the Service via its Terminal. Article 1 – Purpose The CG determines the conditions under which the Services presented on the Support are offered to any user. The service offered on the Support allows users to take advantage of the service as part of a subscribed subscription for a period of one day and renewable expressly for a period of the same duration. Access to the Service is charged SMS MT, on the operator's invoice or on the user's prepaid card. The user receives one MT SMS taxed per day. Article 2 – Essential characteristics and access to service duration the service proposed by the company on the media is accessible as part of a subscription concluded for a period of one day and renewable expressly for a period of the same duration. The user may terminate his subscription at any time under the conditions specified in the article "unsubscribe" accessible from the menu. Subscription from a communication medium accessible by means of display, press, radio and pushes Cross SMS (support "offline") the user who wishes to subscribe to the Service must send a code or keyword indicated on the promotion medium to the number Short indicated on said support via SMS MO. Once the access code is entered and sent, the user will receive an SMS asking them to send the keyword "OK" to confirm their registration. He then receives an SMS MT confirming his subscription. Subscription from an electronically accessible communication medium ("online" support)
The user who wants to subscribe to the Service must fill in his phone number on the Support. It then receives a code via SMS MT that it must inform on the Support to access the Service. Access to the service and the mobile Internet after the subscription request has been confirmed, the user will have direct access to the service through his account once created and will be able to access the functionality of the service. In the event of a failure to receive the access codes, in no event shall MP be held responsible for it which does not control the mobile Internet network or the user's computer and telephone installation. Access and use of the Service requires the use of equipment, such as computer or mobile terminal, means of communication (such as mobile Internet access), software. These equipments are the exclusive responsibility of the users, as well as the communication costs induced by their use.
Any use of the Service by the user from the workplace by means of a professional terminal must be made with the authorization of his employer or his supervisor. The user must be of legal age to access the Service. MP cannot be held responsible for the use of the Service performed by users who have violated this rule. As a result, minors must obtain permission from their parents (or persons holding parental authority over the minor), before accessing the Service presented on this Support. Article 3 – Prices and terms of payment of Services in connection with subscription
3.1. Prices access to Services assumes that the user has subscribed to an invoice subscription via SMS. The rates applicable to the service are shown on the Support and are available in the menu "service Info/Tariff Conditions info". They are expressed in Moroccan Dihram all taxes included (incl. VAT). Any change to the applicable VAT rate will automatically be passed on to the Service price on the date prescribed by the regulations. The tariff indicated does not include any additional costs related to the connection to WAP, invoiced by the operator. 3.2. Means of payment The settlement of the subscription is made by taking the invoice from the user's telecommunications operator or on the prepaid card. To find out more or to unsubscribe, the user is invited to refer to the provisions relating to this subject from the menu "Tariff Conditions" or "unsubscribe" appearing in the menu "service info". 3.3 Evidence of transactions electronic records retained by MP will constitute valid evidence concerning the existence (i) of communications between the Parties, (ii) acceptance of the GC and (iii) any use of Services as part of a subscription made on or via the Support. Similarly, the data recorded by the payment system used and chosen by the user (bank or payment institution or other), constitute proof of all financial transactions between the user, MP and The institution concerned. Article 4 – Use of the Services the Support is open to any natural person aged at least 18 years, resident in the territory and holder of a Terminal.
The user is solely responsible for the confidentiality of his account, his password, any shares, any personal information or banking information communicated to other users. The company therefore recommends that the user keep his or her password secret, never disclose personal information whether it is his or anyone else's (such as names, mailing addresses, phone numbers, email addresses, debit/credit card, or other bank details). 4.1 User account Management The user will be able to create only one account. Its identification on the Support will be via its telephone number. 4.3 Use of Services by registering on the Support, the user undertakes: – To provide truthful, accurate, up-to-date and complete information concerning him; – Immediately notify the company of any unauthorized use of its account and/or password and to ensure that the Support is disconnected at each end of the session; – not to use the Services for professional or commercial or non-private purposes; – not to contravene any civil or criminal rule; The company will only be able to see its liability incurred by a user in the event that certain and definitive evidence is established of a fault committed by the company or by one of its claimants involved in the performance of the obligations Of the company, having caused the user actual and direct damage. Where appropriate, the company will be responsible for demonstrating that it has not committed any fault in the performance of its contractual obligations. The company shall not be liable for any direct or indirect damages suffered by the user when the user is at the origin or when they result from a case of force majeure. The liability of MP cannot be questioned if a user fails to comply with the CG. Failure to comply with any of the above obligations constitutes a breach under which MP may terminate the account and the present GC. In any event, the user will guarantee MP against and indemnify him or her from, any claims or third party remedies resulting from a breach by the user of its obligations under these CG and, in particular, the above declarations.
In the event that such reporting or control reveals a user's violation of existing laws and regulations or its contractual obligations, the provisions of these CG's, including the article "duration and termination", may be Applied. Article 5 – Liability of MP 5.1 use of Support the service proposed by MP based on the use of complex technologies, no commitment of result can be taken by MP or recognized against it for the provision of the service, the Only commitments of MP being made within the framework of an obligation of means. MP will provide its best efforts to make the service permanently accessible, out of force majeure, event out of its control and maintenance operations necessary to ensure the proper functioning of the service. Without prejudice to the foregoing, the user acknowledges that the Service is provided to him "as is" by MP and without any implied or explicit warranty of any kind, particularly as regards the complete satisfaction of the user. The user acknowledges, in particular, that he will not be able to incur the responsibility of MP if he considers that the Service is not in accordance with his expectations. Notwithstanding any exemption from liability stipulated elsewhere in these GTC, the liability of MP shall not in particular be incurred in the following cases: – Difficulties of access to the Service due to the total or partial non-compliance of a Obligati User's use of terminal equipment not adapted to the characteristics of the Service, failure and/or saturation of the telecommunications networks or by third parties, and in particular operators Telephone, – virus contamination or any other risk element of the user's Service and equipment, or other malicious intrusion by third parties despite the reasonable security measures put in place by MP, – Bad CCEs On Service by the user, – damage to the user's equipment, which is under the sole responsibility of the operator, – infringement of a user's rights by a third party, including infringement of the rights of the owner Intellectual and copyright
The user grants to the company a license to use the intellectual property rights attached to all types of content provided by the user concerned for the purpose of dissemination on the media. This license includes, inter alia, the right of the company to reproduce, represent, adapt, translate, digitize, use for the purpose of the Service or to sub-license content concerning the user (information, images, description, criteria for Research, etc.), on all or part of the service (on the Support, by email, by Audiotel) and/or in the mailings of the company and generally on all electronic communication media (e-mail SMS, MMS, WAP, Mobile Internet) as part of the service. The user expressly authorizes the company to modify the said contents in order to respect the graphical Charter of the Services or other communication media referred to above and/or to make them compatible with its technical performance or the formats of the media concerned. These rights are granted for the whole world and for the duration of the execution of these CG between the user and the company. Article 6 – Duration and termination 6.1 Duration The CG is entered into for an indefinite period that begins on the day the user subscribes to the Support. They may be denounced by the user at any time in accordance with the terms described in the following paragraphs of this article. 6.2 Termination of registration each user may unsubscribe from the Service by requesting the closing of their account at any time with the company by clicking on the unsubscribe link directly accessible on the Support or by sending the keyword "Stop "To the short number of access to the service or by any other means indicated by the company. The user's unsubscribe from the Services will be effective on the business day following the company's receipt of the closing request of the account concerned. The cancellation of the registration is made without charge other than those necessary for the transmission of his application and without reason.
In the event that the user has also subscribed to the subscription, he must ask for the termination before unsubscribe from the Service and request the closing of his account by following the terms of termination mentioned in the Provisions relating to this subject in the "Unsubscribe" tab as mentioned below. The user of the ZIKPLAY service can also manually unsubscribe by inserting his telephone number that was used for the subscription on http://www.my-subscriptions-eg.com/. It may also request MOBILE customer service by completing the following form http://www.my-subscriptions-eg.com/contact.php the user can also terminate his subscription at the time of the deletion of his account, following the Information from the "Unsubscribe" menu. Article 7 – Intellectual property right the marks, whether figurative or not (hereinafter collectively "the Marks") displayed on this medium or in any newsletter, are registered or not trademarks belonging to MP and third parties. The mention of marks on this medium is in no way implicitly or explicitly, a concession of right to use, a licence or any authorisation relating to the said marks without a written agreement of MP or the third party concerned. Any use, not expressly authorized by the licensees, of the marks quoted on the media and its contents, other than that granted hereunder, is strictly prohibited. In addition, the user acknowledges that the service (including the user interface, editorial content, and scripts and software used to implement the service) contains information and protected elements belonging to and/or its licensors and which are protected by laws relating to intellectual property, including in particular copyright. Similarly, and more generally, all content, such as logos, graphics, photographs, animations, texts contained on the media and in the Services are the intellectual property of MP or its partners and cannot be Reproduced, used or represented without the express permission of MP or its partners, under penalty of legal proceedings.
The user's rights granted by MP are reserved for private and personal use within the framework and for the duration of its use of the Services. Any other use by the user is prohibited without the permission of MP. In particular, the user is prohibited from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing in any way the Services, Support pages, or computer codes of the elements component of the Services and the Support. Article 8 – Right of access and protection of personal data – Cookies the user is invited to refer to the provisions relating to this subject from the Support menu (Service information/personal data). Article 9 – Claims any claim by the user to MP may only be made on the 12 (twelve) months preceding the date of receipt of the claim. MP will not be required to take into account requests from other channels. To be admissible, any request must be submitted by email to the address [email protected] and must include at minima the following: – The complete contact details (surname, first name, postal address, email) of the user; – The name of the service concerned; – The subject-matter of the application; – The telephone number of the user as informed at the time of subscription; – The method of payment used; – A copy of the detailed invoice from the payment operator; – A bank identity statement.
Article 10 – Agreement between the Parties the CG is a contract governing the relationship between MP and the user. They cancel and supersede all previous provisions and express the full rights and obligations of the user and of MP in the present case. The fact that one of the parties does not avail itself of a breach by the other party to any of the obligations referred to herein cannot be construed for the future as a waiver of the obligation in question. If one or more of the provisions of the GC are held for invalid or declared such pursuant to an Act, a regulation or following a final decision of a competent court, the other provisions shall retain all their strength and scope . Article 11 – Disputes these CG are subject to Moroccan law. In case of dispute (for which only the Moroccan courts will be competent), the user will address by priority to MP to obtain an amicable solution. In the event of a dispute as to the interpretation, execution and/or validity of the present CG and in the absence of amicable settlement, the rules of statutory jurisdiction shall apply.
Duration and termination