APPLICATION NUMBER: A-187/2024 REQUEST FOR AUTHORISATION

AUTORISATION DE TRANSFERT N°: T-HB-59/2024

AUTORISATION N°: A-W-187/2024

PREAMBLE

Wefind Development is a limited  company under Moroccan law (hereinafter referred to as the “The Company”) , registered in the Casablanca Trade Register under number 507.255, tax identification number 50 321 913, with registered office in Casablanca, 67 Rue Aziz Bellal, 2nd floor, n°3 Maârif, and which  legal representative is Mrs Laila EL Amrani.

The Company publishes the internet platform accessible at https://kaiswlaila.com/fr/   (hereinafter referred to as the “Platform”).

These General Terms of Use (“GTU”) govern access to and use of the platform.

DEFINITIONS

For the purposes hereof, unless the context otherwise requires, the following terms shall have the following meanings:

“GTU”: The general conditions of use to which each User has consented and which form a contract between the User and the Publisher and specify all the rights and obligations of the latter in the context of the use of the Site;

“Contract”: Corresponds to the TOS once accepted by the user of the Site; “User” means any person accessing or consulting the content of the website;

“Registered User” means any person who accesses and browses the Website and registers to use and/or download content and/or use the services of the Website;

“Service”: means training, consulting, assistance, coaching as well as vis-à-vis individuals and      legal entities in Morocco and abroad. The Company also carries out the study, management, realization, development, design and marketing of software, secure applications for mobiles, smartphones, tablets and derivatives, software packages as well as the installation of any IT and telematics project.”Company”: means the company Wefind Development which publishes and operates the Website and provides the Service to Users.

“Company”: means the company Wefind Development which publishes and operates the Website and provides the Service to Users.

“Publisher”: The company Wefind Development, SARL in its capacity as Website Publisher. The Website Editor has received, from the owner of the Internet platform, the brand and the domain name used by the Website, the authorization to use them;

“Internet user”: Any person, natural or legal, of private or public law, connecting to the Site;

“Parties”:Refers to the Publisher and the Users of the site;

“Site” means the website accessible at the URL https://kaiswlaila.com/

LEGAL NOTICESThis website is published by Wefind Development, SARL AU , with a capital of 10,000 MAD, registered in the Casablanca Trade and Companies Register, Morocco, under the number 507.255, and whose head office is located in Casablanca, 67 Rue Aziz Bellal, 2nd floor, n°3 Maârif.

The Publisher can be contacted by e-mail at contact@kaiswlaila.com.

The GTC have been established in accordance with all the legislative and regulatory provisions applicable in this area and in particular with the following legal provisions

The Dahir (Royal Decree) of 12 September 1913 forming the Code of Obligations and Contracts;

Law n° 53-05 relating to the electronic exchange of legal data, which organises, in particular, the regime of contracts concluded by electronic means;

Law n° 09-08 promulgated by the Dahir 1-09-15 of 18 February 2009, relating to the           protection of individuals with regard to the processing of personal data;

Law No. 34-05 amending and supplementing Law No. 2-00 on copyright and related rights;

The Company reserves the right to change the layout, configuration and content of the Platform and the services, as well as the conditions applicable to access and/or use.

All access to and use of the Content and Services following any amendment or modification to the GTU constitutes your acceptance of such amendments and modifications.

Access to and use of the content and services may be subject to certain special conditions which may, as the case may be, replace, supplement and/or modify this notice.

The user accepts the GTU when accessing, searching or using the Platform.

SUBJECT

The purpose of the Site is to present the application belonging to the Company, which consists of the establishment of relationships and the presentation of advice .

The User is informed that the Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, computer difficulties, difficulties linked to the structure of the telecommunications network or technical difficulties. For maintenance reasons, the Company may temporarily interrupt the Site. The Company shall not be held responsible for the impossibility of accessing this site. Furthermore, the Company reserves the right to refuse access to any Internet user unilaterally and without any prior notice or notification in the event of a breach by the latter of one of the navigation rules.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Company is the owner or has obtained the necessary licences for the intellectual and industrial property rights of the website, as well as the intellectual and industrial property rights relating to the information and documents contained therein, the structure, selection, management and layout of the content, services and products available through the website, as well as the computer programs used therein.

The consultation, use, hosting, downloading and/or access to the content and/or use of the services offered on the website by users shall not be construed as a waiver, licence or partial or total transfer of the aforementioned rights by the Company, or where applicable, the holder of the rights. The User only has the right to private use in order to access the services offered on the website. Therefore, it is forbidden to remove, circumvent or manipulate the copyright notice or any other data identifying the rights of the Company, or its respective owners incorporated in the content, products and/or services, as well as the technical protection measures or any information and/or identification mechanism that may be contained therein.

It is strictly forbidden to use the content of the website to copy it in whole or in part to third party websites without the prior written permission of the Company.

It is strictly forbidden to refer to the names, trademarks, logos or any other distinctive signs owned by the Company or third parties without the authorization of the aforementioned parties or their owners. Unless otherwise indicated, access to or use of the website and/or its contents and/or services does not confer any rights on the User regarding the trademarks, logos and/or distinctive signs contained therein and protected by law.

All intellectual and industrial property rights and copyrights are reserved and it is particularly forbidden to modify, copy, reuse, exploit, reproduce, transform, communicate in a public manner, make a second or subsequent publication, download files, send them by e- mail, transmit, use, process or disseminate all or part of the content of the website in any form whatsoever for commercial purposes, without the explicit written authorization of the Company or, where applicable, the holder of the rights.

LICENCES FOR COMMUNICATIONS

The User declares, guarantees and accepts that he/she has the right to send the Company any type of information through the website and the channels set up for this purpose, provided that said information 1) does not infringe any right relating to intellectual or industrial property, trademarks, patents, trade secrets or any other right held by third parties, 2) the information is not confidential and 3) the information is not prejudicial to the interests of third parties.

The User declares that he/she is responsible for and holds the Company harmless for any communications made by the User. This responsibility includes, without limitation, the accuracy, legality, authenticity, and ownership of such information.

LIMITATION OF LIABILITY AND GUARANTEE

The information and services on the Website are presented in good faith and are believed to be correct at the time you view them. In addition, The Company makes no warranty as to the reliability, usefulness, suitability or truthfulness of the services or information provided on the website.

The Company declares that it has taken all necessary measures within the limits of its capacities and the state of technology in order to guarantee the functioning of the website and to prevent the existence and transmission of viruses and other elements harmful to the Users.

However, the Company does not give any guarantee and accepts no responsibility for: (i) the continuity of the content of the website; (ii) the absence of errors in the content or services

(iii) the absence of viruses and/or other harmful elements on the website or on the server providing the service; (iv) the invulnerability of the website and/or the impregnability of the security measures taken on the website; (v) the lack of usefulness or performance of the content and services of the website; (vi) the loss or damage caused to itself or a third party when any person breaches the conditions, standards or instructions provided by the Company on the website or violates the security systems of the website.

If the User becomes aware of the presence of any content that is illegal, contrary to the law, or that may constitute a breach of any intellectual and/or industrial property right or the rights of any third party, he/she is obliged to notify the Company without delay in order to remedy the situation.

LINKS

7.1.Links to other websites

If the User finds links to other web pages, these are managed by third parties. The Company does not have the capacity, nor does it have the human or technical means to know, control or approve all the information, content, products or services provided by other websites that can be accessed through its website. The Company accepts no responsibility for such links.

If a User is aware of the illegality of the activities of a website that can be accessed through this website, the User must inform the Company without delay in order to deactivate the link.

Any link between this website and another website does not create any legal relationship, collaboration or dependency between the Company and the person responsible for the other website.

7.2.Links to other websites of the Company

Any User, entity or website wishing to create a link to the website must respect the following indications:

The link may only lead to the homepage of the website, unless the Company has given its explicit written consent.

The link must be absolute and complete, i.e. the User must be redirected to the URL of the website with one “click” and the link must include the full extension of the homepage of the website. Unless explicitly authorized in writing by the Company, the linking website must not reproduce the website, integrate it into its own website or into one of its “frames” or create a “browser” for any of the pages of the website.

The page containing the link must not state that the Company has authorized the link, unless the Company has given its explicit written permission. If the entity creating the link from its page to the website in an appropriate manner wishes to include on its website the brand name, trade name, banner, trademark, logo, slogan or any other element identifying the Company and/or any element of this website, it must have received explicit written permission from the Company.

The Company prohibits linking to the website from web pages containing material, information or content that is illegal, degrading, obscene and generally contrary to morality, public order or generally accepted social norms.

7.3.Services provided by third parties through the Company’s website

The Company makes no warranty as to the lawfulness, reliability and usefulness of services and/or content provided by third parties through this website where the Company is acting solely as a commercial channel.

The Company is not liable for damages of any kind arising from the services provided by third parties promoting their activities through this website, including, but not limited to, the following situations

  • Any breach of law, ethics or public order;
  • The insertion of any virus or any computer code, file or program that may damage, disrupt or prevent the proper functioning of any software, hardware or telecommunications equipment;
  • Failure to respect intellectual and industrial property rights or contractual commitments of any kind;
  • The pursuit of activities that constitute illegal, misleading or unfair advertising and, as a general rule, unfair competition;
  • The lack of truthfulness, accuracy, quality and/or relevance of the content transmitted, disseminated, stored, received, obtained, made available or accessible;
  • Failure to respect the rights of confidentiality and personal image of individuals or, in general, failure to respect the rights of third parties;
  • Inappropriateness of content for any purpose and misleading expectations arising from the content or defects arising from the relationship with third parties;
  • Non-compliance, delayed compliance, non-compliance or termination, for whatever reason, of obligations of third parties or contracts with third parties;
  • And, the transmission of data between Users.

In cases where third parties promote their products, services and/or content on the website, the Company declines all responsibility for the veracity of the information provided by the third parties concerning these services and/or content, for obtaining the administrative authorizations that may be required in order to provide their services, for the non-respect of third party rights and, in general, for any obligation or guarantee to which the third party has committed itself to the Users.

The Company does not have the technical or human capacity or resources to know, control or approve all information, content, products or services provided by other websites linked to this website.

PERSONAL DATA

The personal data collected by the Company, as data controller, is mainly intended to respond to your requests for information and to better understand your expectations, as well as to take advantage of the services offered by this site. The Company may ask the User to communicate personal information such as their surname, first name, contact details and e- mail address, in certain cases; this information may be processed automatically.

This information is collected in accordance with the provisions of Law 09-08 on the Protection of Individuals with regard to the Processing of Personal Data and the privacy policy published on the Site, and is intended for the sole use of the Company, its subsidiaries and its service providers, if any. They will not be made available to third parties under any circumstances.

8.1.Collection

In this respect, the User undertakes to provide only accurate and relevant information. The User shall keep the Company informed of any change in such information. The User expressly gives his/her consent for his/her personal data to be collected in this context.

Users’ contact details are only used to better inform them and possibly to send them only the information they wish to receive.

The User accepts that personal data concerning him/her may be communicated and shared for the same purposes with the Company’s partners, subcontractors and service providers within the limits necessary for the performance of the services entrusted to them.

The Company takes all necessary steps to ensure the confidentiality and security of the personal data recorded to prevent them from being destroyed, distorted, damaged or accessed by unauthorized third parties, in particular by making its employees aware of their obligations and by restricting access according to the duties and responsibilities of each employee, by using secure computer systems and possibly by encrypting certain data when storing and/or transmitting them.

The Company undertakes to keep personal data for no longer than is necessary for the purposes for which they are collected or processed.

8.2.User’s rights :

In accordance with law 09-08 on the protection of individuals with regard to the processing of personal data, the User has the right to access and rectify personal data concerning him/her, pursuant to articles 7 to 8 of the aforementioned law 09-08.

The User may also, for legitimate reasons, object to the processing of personal data concerning him/her, except when they are collected by virtue of a law. However, such opposition may result in the User being unable to access the Site.

In order to exercise these rights, the User must comply with the following procedure:

Request in writing and signed by the User, with a photocopy of his/her identity card attached;

Application addressed to : Casablanca, 67 Rue Aziz Bellal, 2nd floor, n°3 Maârif.

COOKIES

You can obtain the necessary information about the cookies used on this website by consulting the Cookie Policy published there.

PRIVACY POLICY

You can find out more about our processing of personal data on this website by clicking on the link to the privacy policy.

DURATION AND AMENDMENT

The Company may modify this Legal Information in whole or in part by publishing it on this website or by sending a communication to Users.

The Company may, at any time and without notice, terminate, suspend or discontinue access to the content of this website, without the User being entitled to claim compensation. Following termination, the prohibitions applicable to the use of the above content will remain in force.

DIVISIBILITY

If any part of this Legal Information is deemed to be null and void by public authorities or by law, this decision will not affect the other parts of the Legal Information.

The failure of the Company to exercise or enforce any right or provision of this Legal Information shall not constitute a waiver of such right or provision, except upon express written certification by the Company.

APPLICABLE LAW AND JURISDICTION

The present GTU are governed by Moroccan law.

Any dispute relating to the interpretation or execution of the present contract shall be subject to the jurisdiction of the courts of Casablanca.