Terms and Conditions of Use
1. PREAMBLE
1.1 PURPOSE OF TERMS AND CONDITIONS OF USE
These terms and conditions of use (hereinafter referred to as "the ToS") are intended to define the conditions for the use of the website accessible at www.fi-dari.tn (hereinafter referred to as "the Website") that the company Medcretech (hereinafter referred to as "the Company") makes available to professional real estate users and individual advertisers (hereinafter referred to as "Users"), as well as the Company's privacy policy.
1.2 IDENTIFICATION OF THE PUBLISHER
The publication of the Fi-Dari website is managed by the company Medcretech SARL with a capital of 200,000DT whose registered office is at ZI sidi Daoud La Marsa Tunis 2046.
The host of the Fi-Dari website is the company Oxabox Tunisia located at Imm. Narimène, Rue Chatt Meriem 1073 Montplaisir, Tunis with hosting entirely ensured on Tunisian territory.
1.3 CONTACT THE COMPANY
Users can contact the Company:
• By regular mail at the address indicated in section 1.2 above
• By email using the contact form
• By telephone (+216) 24 89 77 90 from Monday to Friday from 8:30 AM to 5:30 PM
2. DEFINITIONS
For the purposes of these ToS, terms have the following meaning:
- Personal Data
refers to personal data provided by the User to the Company or collected by the Company when using the Website and/or Services.
- Identifier and Password
is the set of information necessary to identify a User on the website. The identifier and password allow the User to access services reserved for registered members. The password is confidential.
- Member
the User becomes a member when they are identified on the website.
- Website
refers to the interactive electronic service published and operated by the Company, accessible at fi-dari.tn, through which it provides access to its Services.
- Services
refers to the services provided by the Company on the Website as well as their extensions in the form of newsletters and features of the User's terminal, necessary for their functioning.
- User
this term refers to any person who uses the website or any of the services offered by the website.
3. ACCEPTANCE AND MODIFICATION OF ToS
Access to or use of the Website implies unconditional acceptance of these ToS by the User. They constitute the contract between the website and the User. Access to the website by the User means their acceptance of these terms and conditions of use.
If the User does not accept the terms and conditions set forth in this contract, they must refrain from accessing the services offered by the website.
As these ToS may be subject to modifications, the applicable conditions are those in effect and accessible on the Website on the date of access by the User.
4. ACCESS AND AVAILABILITY OF SERVICES
4.1 DESCRIPTION OF SERVICES
The Company makes the following services available to Users on the Website with free access:
• information presenting Fi Dari brand offers and news
• news in the real estate sector
• a blog
• assistance
Services are further described on the Website. The User is informed that these Services are subject to constant evolution.
4.2 ACCESS TO SERVICES
The Company reserves the right to suspend access to Services in case of legitimate suspicion of fraudulent use or attempted fraudulent use of the Services.
The website is freely accessible to any User with internet access from any location. All costs incurred by the User to access it (computer equipment, software, internet connection, etc.) are at their expense.
Non-member Users do not have access to services reserved for members. For this, they must register and identify themselves using their identifier and password.
The website implements all available means to ensure quality access to its services.
Any event due to a case of force majeure resulting in network or server malfunction does not engage the liability of Fi-Dari.
Access to the website services may at any time be subject to interruption, suspension, or modification without notice for maintenance or any other reason. The User agrees not to claim any compensation following the interruption, suspension, or modification of this agreement.
4.3 AVAILABILITY OF SERVICES
The Company makes its best efforts to make its Services available 24 hours a day, 7 days a week, regardless of maintenance operations of said Services and/or Servers and/or the Website. To this extent, the Company is bound by an obligation of best efforts.
The Company reserves the possibility to modify, interrupt, at any time, temporarily or permanently all or part of the Services without prior notice to Users and without right to compensation.
5. WARRANTIES – LIABILITY – FORCE MAJEURE
5.1 USER WARRANTY
By accessing the Website, the User declares:
• to access and use the Website and Services in good faith, reasonably, in accordance with these ToS and for strictly personal use
• Not to use devices or software other than those provided by the Company intended to affect or attempt to affect the proper functioning of the Website and/or Services
• Not to access and/or use the Website and/or Services provided by the Company for unlawful purposes
• Not to use and/or exploit the electronic and/or postal coordinates of internet users for mass mailing campaigns and to engage in spamming practices
5.2 LIMITATION OF LIABILITY
The User is solely responsible for their use of the Website and the Services accessed from the Website.
The User ensures that they keep their password secret. Any disclosure of the password is the responsibility of the user.
The Company cannot be held responsible in case of unavailability of Services for technical or force majeure reasons.
7. INTELLECTUAL PROPERTY
7.1 COPYRIGHT ON THE WEBSITE AND SERVICES
The Company is the owner or licensee of intellectual property rights contained on the website (texts, slogans, graphics, images, videos, photos and other content).
In accordance with the provisions of intellectual property laws, any representation, reproduction, modification, distortion and/or exploitation of all or part of the Website and/or its content and/or Services, by any means whatsoever, without the express and prior authorization of the Company, is prohibited and constitutes acts of copyright infringement.
7.2 DISTINCTIVE SIGNS
The trademarks, logos, company names, acronyms, trade names, business names and/or domain names of the Company and/or its commercial partners mentioned on the Website cannot be used without the express and prior authorization of their owner.
Any representation and/or reproduction and/or exploitation of all or part of these distinctive signs is prohibited and constitutes trademark infringement.
8. PROTECTION OF PERSONAL DATA
Medcretech Company implements all appropriate technical and organizational measures to ensure an adequate level of security and respect for principles related to the protection of personal data and thus guarantee the rights of the User concerned.
These measures ensure that personal data processed cannot be disclosed to or accessed by unauthorized persons accidentally or unlawfully.
9. MISCELLANEOUS PROVISIONS
9.1 CORRESPONDENCE – PROOF
Correspondence exchanged between the Company and the User is exclusively assured by electronic mail. The User acknowledges and accepts that information delivered by the Company by electronic mail and on its Website constitute proof between them and the Company.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
These ToS are governed by Tunisian law. In the event of any dispute relating to the application, interpretation, validity and performance of these ToS, and failing an amicable agreement between the parties, exclusive jurisdiction is given to the Tunis courts.