The present Genaral Terms and Conditions of Use are intended to provide a legal framework for the terms and conditions of the website www.jyann.com, hereinafter the “Website” and the services of the company JYANN, owner of the Website, hereinafter “the Publisher”, and the definition of the conditions of access and use of the services by the “User”.
Any use of the Website implies acceptance without any reservation or restriction of these Genaral Terms and Conditions of Use by the User. When registering on the website via the Registration Form, each User expressly accepts these Genaral Terms and Conditions of Use by ticking the box preceding the following text: “I acknowledge having read and understood the Genaral Terms and Conditions of Use and I accept them”.
In the event of non-acceptance of the Genaral Terms and Conditions of Use stipulated in this contract, the User must renounce access to the services offered by the Website.
jYANN company reserves the right to unilaterally modify the content of these Genaral Terms and Conditions of Use at any time.
I.- Legal Mentions
1.- The Website
The site www.jyann.com is the property of jYANN Company (LLC) Limited liability Company registered to the Central Trade Register of Marrakech – Morocco under the number 117565 whose head office is located at RDC Zaouia El Aabassia Deb Najem number 1, rue Boutouil magasin number 6 MARRAKECH CP 40030.
The editorial director of www.jyann.com website is Mme. BOUMEDIANE Jihane.
2.- Contact informations
Phone number: + 212 661174957
E-mail: jboumediane@gmail.com
3.- Hosting
The site www.jyann.com is hosted by the company Namecheap whose registered office is at Namecheap. Inc. 4600 East Washington, Street Suite 305 Phoenix, AZ 85034 USA.
Design and production of the site: (design, graphics and IT developments): is produced by Mohamed Hallal whose head office is located in Marrakech- Tel: +212620069243 – Email address: simo.hallal96@gmail.com
II. Conditions of access and use of the website
Access to the Website and the use of its content, including photographs, are subject to the conditions of use described below.
The fact of accessing and browsing the Site constitutes, on the part of the User, an unreserved acceptance of the following stipulations.
1.- Intellectual property of jYANN’s website
1.1.- JYANN brand and its logo
The name JYANN and the logo have been registered by jYANN Company as a Moroccan trademark, under the numbers …, …
The Moroccan brand jYANN, its logo and the domain name www.jyann.com are and will remain the exclusive property of jYANN Company. Any use of the term “jYANN” or the logo to designate products identical or similar to those of the JYANN Company on any form is strictly prohibited and would constitute an infringement of jYANN Company’s trademarks as provided for and sanctioned by the by the provisions of Dahir no 1-00-91 of Kaada 9, 1420 (February 15, 2000) promulgating Law no
17-97 on the protection of industrial property.
Any use or counterfeiting of jYANN’s brand and logo exposes its author to the penalties provided in Law no 17-97 relating to the protection of industrial property.
1.2.- The presentation, content of the website and its images
jYANN website, its presentation and its content, both the texts and all of the photographs, are protected by the provisions of Law no 17-97 relating to the protection of industrial property.
The Site, its presentation, its content and all of its photos and images are and will remain the exclusive property of the JYANN Company, which alone is authorized to use and exploit the intellectual property rights and personality rights attached to the Site, in particular designs and models, copyrights and image rights, either originally or as a result of an assignment or an operating licence.
Pursuant to the Intellectual Property Code and, more generally, international treaties and agreements containing provisions relating to the protection of copyright, the visitor and/or the User is prohibited, in whole or in part, from reproducing, downloading , selling, distributing, adapting, modifying, publishing, communicating, in any form and on any form, the presentation, organization or content of the website, including all of the photographs.
Any violation of the rights and obligations listed above would constitute an infringement of the intellectual property rights of the jYANN Company.
1.3.- Links to other sites
The creation of hypertext links to the website can only be made with the prior written authorization of jYANN Company. This authorization may be revoked at any time. However, the JYANN Company declines all responsibility for the content of the partner websites linked to jYANN’ website.
2.- Informations
2.1.- Cookies
As part of the consultation of the Site, navigation cookies can be installed in Users’s computer and record information relating to the navigation of the User’s computer on the website such as the pages consulted, the date and time of consultation, etc. The User has the possibility of opposing the registration of cookies by adapting the configuration of his Internet browser accordingly.
While most browsers are set by default to accept the installation of cookies, the User has the option of disabling the use of cookies by selecting the appropriate settings on their browser. However, the refusal of cookies and other connection cookies is likely to prevent access to certain features, pages and/or areas of the website, which the User expressly declares to accept.
Cookies are small files temporarily stored on the hard drive of the User’s computer by their browser and which are necessary for the use of the site www.jyann.com. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain.
The information contained in the cookies is used to improve jYANN’s website : www.jyann.com
By browsing the site, the User accepts them.
However, the User must give his consent to the use of certain cookies.
2.2.- Google Analytics
jYANN Company reserves the right to monitor the use of the Site by the User by using the website analysis service called Google Analytics provided by the Company Google Inc. The Google Analytics system uses cookies (see paragraph above).
The data generated by the cookies concerning the use of the Site by the User (including the connection IP address) will be transmitted and stored by the Company Google Inc on servers located in the United States. This data will be used for the purpose of evaluating the use of the website, compiling reports on the activity of the website for jYANN company and providing other services relating to the activity of the Site and the use of the Internet network.
The Company Google Inc is likely to communicate this data to third parties in the event of a legal obligation or when these third parties process this data on its behalf, including in particular the Publisher of this website. Google Inc will not cross-reference the User’s IP address with any other data it may hold. The User has the option of disabling the use of cookies by selecting the appropriate settings on their browser. However, such deactivation could prevent the use of certain features, pages and/or areas of the website, which the User expressly declares to accept.
By using the Site, the User expressly consents to the processing of their personal data by the Company Google Inc under the conditions and for the purposes described above.
2.3.- Hypertext links
Hypertext links may be present on the Site. The User is informed that by clicking on these links, he will leave the website www.Jyann.com.
The User has no control over the web pages to which these links lead, and cannot, under any circumstances, be responsible for their content.
3.- Responsibility limitation of jYANN Company
The sources of the information disseminated on the website www.jyann.com are deemed reliable but the Website does not guarantee that it is free from defects, errors or omissions.
Under the conditions authorized by law, jYANN Company incurs no liability for any imprecision, inaccuracy, omission or for any damage resulting from an intrusion by a third party leading to a modification of the information made available on the website, in the event of damage caused by the access of an unauthorized third party to the website or making it impossible to access it.
In addition, jYANN Company is only bound, for all phases of access to its website, order taking, delivery or any other subsequent service, by an obligation of means.
JYANN cannot be held responsible for any nuisance or damage inherent in the use of the Internet network, such as: service interruption, external intrusion, presence of computer viruses or any event qualified as “force majeure” by law and Moroccan courts.
The information provided is presented for information and general purposes without contractual value.
Despite regular updates, the website www.jyann.com cannot be held responsible for the modification of the administrative and legal provisions occurring after publication. Similarly, the website cannot be held responsible for the use and interpretation of the information contained on this website.
The User makes sure to keep his password secret. Any disclosure of the password, in whatever form, is prohibited. He assumes the risks associated with the use of his username and password. The website www.jyann.com declines all responsibility for the use of usernames and passwords by users.
The website www.Jyann.com cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use, access, or download from this website.
The website cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
4.- Website access
The www.Jyann.com website allows the User free access to the services and products of jYANN company.
The website offers the following service: Purchases of jyann brand products.
The website is accessible free of charge anywhere to any User with Internet access. The User is responsible of all the costs service (hardware, software, Internet connection, etc.).
The non-member User does not have access to the reserved services. For this, he must register by completing the registration form. By agreeing to register for the reserved services, the Member User undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
To access the services, the User must then identify himself using his username and password which will be communicated to him after his registration.
Any regularly registered Member User may also request their unsubscription by going to the dedicated page on their personal space. This will be effective within a reasonable time.
Access to all or part of the Site may be suspended or canceled by simple decision of jYANN Company in the event of “force majeure”, computer or technical difficulties, modifications or maintenance, difficulties related to the structure of telecommunications networks, blocking telecommunications networks, strikes, national or local state of emergency, bad weather without this list being exhaustive.
Similarly, access to the website may be interrupted, at any time and without notice, for maintenance reasons.
The website is subject to modifications and developments, including in terms of functionality, at any time and without prior notification of any kind and without the visitor and/or user being able to claim any prejudice.
As such, jYANN company will in no way engage its responsibility. In these cases, the User accepts not to hold the publisher responsible for any interruption or suspension of service, even without notice.
The User has the possibility of contacting the website by e-mail at the publisher’s e-mail address provided in article 1.
5.- Data collect
The site provides the User with the collection and processing of personal information with respect for privacy in accordance with Dahir n 1-09-15 of 22 safar 1430 (February 18, 2009) promulgating law n 09-08 on the protection of individuals with regard to the processing of personal data.
the User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right:
– by email to the email address: contact@jyann.com
– by the direct adress: (jYANN LLC) jYANN Limited liability Company RDC Zaouia El Aabassia Deb Najem number 1, rue Boutouil magasin number 6 MARRAKECH CP 40030.
6.- Privacy
The data provided on the website is only requested for the purpose of processing transactions carried out under the JYANN Genaral Terms and Conditions of Use and General Terms and Conditions of Sale.
The User can access and correct their data, by proving their identity, and by writing to the address indicated above.
The data necessary to process the transaction is treated with the utmost confidentiality and security by jYANN Company.
7.- Applicable law These Genaral Terms and Conditions of Use are governed by Moroccan law. The Moroccan courts have sole jurisdiction for any dispute relating directly or indirec