- The “Website” is the website available at the following address: www.gica.dz
- The Website is administered and managed by EPE/SPA Groupe Industriel des Ciments d’Algérie (hereinafter referred to as “the Owner”) whose registered office is located at B.P. n°38, Route de Dar-El-Beida, Meftah wilaya de Blida (09320), Algeria.
- The term “User” refers to any user, i.e. any natural or legal person, registered or not on the Website, who consults the Website or its content, who downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the Owner.
- The owner and the user are hereinafter referred to as “the concerned parties“.
By surfing the Website, reading documents, downloading files, consulting and/or using them in any way, or registering via any form available on the Website, the user formally and unconditionally agrees to these general conditions and undertakes to respect them.
These terms and conditions apply to all use of the Website. In addition, these terms and conditions of use exclude and supersede any other terms and conditions.
The owner has the right to change these terms and conditions at any time without prior notice. Such changes shall apply immediately to any use of the website.
Additional rules and guidelines shall be deemed to be an integral part of these terms and conditions. The user is therefore advised to regularly refer to the latest version of these conditions, which are permanently available at the following address:
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ACCESS AND USE OF THE WEBSITE AND ITS CONTENT
The Website can be consulted by computers on which current software is installed (browser, operating system, etc.). The owner does not guarantee any compatibility and cannot be held responsible if the user is unable to consult and/or use all or part of the Website or its contents, for whatever reason.
Consequently, it is up to the user to equip himself with the necessary computer resources, and possibly human resources, to ensure his connectivity with the Website.
In the context of the user’s access to the Website or its content, the user expressly refrains, in any way whatsoever and whatever the technical means used, to :
- attempt to gain access to parts of the website that are not publicly available online;
- do any act that may, at any time, impair the proper functioning of the Website in any way;
- use any (automatic) system, such as, but not limited to, “robots”, “spiders”, “off-line readers”, etc., for the purpose of creating :
- denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS);
- messages that influence questions and requests, survey responses and participation, voting, or any interaction with another user of the Website, even when the user is responding to a request made on the Website (e.g. participation in a survey);
- post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise objectionable ;
- consult, post, upload, post or transmit any content that is contrary to applicable international laws;
- attempt to mislead other users by usurping the name or corporate name of others;
- upload, post, email, transmit or otherwise make available any infringing material, patent, trademark, trade secret, intellectual property right or other proprietary right of any person ;
- upload, post, email or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer, service, server, network or telecommunications equipment without limitation;
- commit any action that has a disruptive effect on the ability of other users to access the Website;
- refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Website;
- harass in any way one or more other users of the Website or its content;
- collect and store personal data about other users.
The user undertakes to take all reasonable and necessary precautions to ensure that their equipment or data is not affected by viruses, bugs, Trojan horses or other malicious computer programs of any kind.
In order to access or use certain parts of the Website, the user may be required to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Otherwise, the owner shall be entitled to suspend or terminate the user’s account without notice, or to deny the user access to all or part of the Web site or its content.
If applicable, the user undertakes to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his/her password and for any use that may occur without his/her knowledge. In case of doubt about the confidentiality of the password, it is up to the user to change it immediately or to notify the owner in writing as soon as possible at the above address or via the contact form.
The user accepts that the functionalities offered through the Website may change. Thus, some will be removed and others added, without the user being able to consider that access to a particular functionality constitutes an acquired right. Similarly, the Owner shall have sole discretion to include or remove any content presented on the Web Site.
The owner reserves the right, at any time and for any reason, to modify or interrupt temporarily or permanently all or part of the access to the Web site without prior notice to users.
This will be the case, for example, in the event of maintenance of the Website or major changes to the content and/or functions offered.
This will also be the case if the owner can legitimately believe that the user has violated, or acted in contradiction with, these general terms and conditions or any other legal provision in force at the time of the violation.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, brands, models, slogans, software, animations, audiovisual works, texts, data, databases and all other elements of the Website and, in general, the content and structure of the Website, belong to, are and remain the exclusive property of the owner, and are protected by various intellectual and/or industrial property rights, which the user acknowledges and accepts.
By browsing the Website or consulting it, by registering, by downloading files, or by using the content of the Website in any way whatsoever, the user does not under any circumstances become the owner of any of the rights referred to above or of similar rights.
The owner guarantees that the elements present on the website and made available to the user by the sole responsibility of the owner respect the rights of third parties and in general are not illicit.
The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser.
By placing certain data, texts, images and/or any other elements online, the user automatically grants the owner the exclusive right to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more products published by the owner.
The consultation and use of the website, as well as the downloading of files, of any kind and with any technical means, from the website and its contents, always take place under the responsibility of the user, including vis-à-vis third parties.
Each user is responsible for his or her own registration and/or membership, as well as for any abuse or damage resulting from it. The owner cannot be held responsible for any misuse of the registration or membership, login and/or password.
The user also agrees to be liable to any person, and in particular to the persons depicted, in any way for any content that the user publishes either on the Web site or through the Web site.
The Website may contain links to other websites over which the owner has no technical or content control. The user remains solely responsible for the decision to activate these links. The owner therefore does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore up to the user to decide for him/herself whether to visit these sites.
If the user places a message of any kind or any other form of information, data and/or opinion on the Website, the user undertakes to use only information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. In this respect, the user expressly guarantees the owner against any complaint or action brought by third parties based on the content placed on the Website.
The owner is bound by an obligation of means. The owner shall not be held liable for any direct or indirect damage that the user may suffer as a result of using the Website, the sites linked to it and/or the content made available to it.
The owner makes every effort to ensure that the data and documents that form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated information can never be excluded and the owner therefore gives no guarantee in this respect.
Likewise, the owner is only liable for fraud or gross negligence. He shall not be liable for the wilful misconduct or gross negligence of his employees, principals and, as a rule, his vicarious agents.
The owner makes every effort to ensure that the Website remains accessible at all times for a normal number of users, but shall not be held liable for any direct or indirect damage resulting from any modification, suspension or interruption of access to the Website, for whatever reason.
The owner is also not responsible for contacts and relationships between users of the Website.
Furthermore, the Owner does not guarantee the compatibility of the files that are part of, or appear on, the Web Site with the user’s equipment, or the accessibility of these elements.
The user shall also hold the owner harmless from any claim in any of the following cases:
- loss of opportunity or revenue of any kind arising out of the operation or non-operation, or use or non-use, of the Web Site, or the content thereon or intended thereon
- illegal or unauthorised intrusion by any third party into the Web server or the Owner’s Web Site
- introduction of a computer virus into the web server or the Web Site;
- temporary bandwidth congestion;
- interruption of the internet connection service due to a cause beyond the control of the owner.
The user acknowledges and accepts:
- the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or in the future made available;
- the risks of storing and transmitting information by electronic or digital means;
- the fact that the owner cannot be held responsible for any damage caused by the use of the Web Site (as well as all or part of its content) or the internet, as a result of the above risks;
- the fact that the electronic communications exchanged and the backups made by the owner can be used as evidence.
With regard to messages from third parties, the owner cannot be held responsible in any way for any damage that may arise from them, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the exclusive responsibility of the person who posted them.
The advertisements that may be inserted on the Website are always the task of third parties. The owner can in no way be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in such advertisements.
The owner cannot be held responsible in case of temporary or definitive non-performance of his obligations when this non-performance results from a case of force majeure or fortuitous event.
The following events shall be considered as force majeure or fortuitous events:
- the total or partial loss or destruction of the owner’s computer system or database where either of these events cannot reasonably be attributed directly to the owner and it is not shown that the owner failed to take reasonable steps to prevent either of these events;
- natural disasters;
- strikes, whether declared or not;
- a breakdown in the supply of energy (such as electricity);
- a failure of the Internet or data storage system;
- loss of connectivity to the Internet or telecommunications network on which the owner depends;
- any other cause beyond the reasonable control of the owner.
Any dispute relating to the services provided by the owner, as well as any dispute as to the validity, interpretation or execution of these general conditions shall be subject to Algerian law and the exclusive jurisdiction of the courts of Algiers.