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Terms and Conditions of Access and Use of the Atlas Cloud Services Website

Preamble

The use of the Atlas Cloud Services website implies full acceptance of these general conditions of access and use (CAU) of the Website (hereinafter the “Terms of Use“) by the internet user (hereinafter the “User” or the “Users“).

Definitions:

  • Website: The website of ATLAS CLOUD SERVICES
  • User: The User is any person who uses the Website or one of the services or information offered on the Website.
  • Use” refers to any consultation, search, or download of an element from the Website.
  • Information: The data, presentations, documents, and information provided on the Website.

Conditions of Access to the Website

The Website is accessible free of charge, excluding internet connection costs billed directly by the telephone operators, to any User with internet access. The User is solely responsible for the proper functioning of their computer equipment as well as their internet access.

ATLAS CLOUD SERVICES reserves the right to unilaterally and without prior notification deny access to any User who does not comply with these CAU.

The Website implements all reasonable means at its disposal to ensure quality access to the Website but is not bound by any obligation to achieve this.

Moreover, ATLAS CLOUD SERVICES cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which could prevent or degrade access to the Website.

ATLAS CLOUD SERVICES reserves the right to temporarily interrupt, suspend, or modify access to all or part of the Website without prior notice for maintenance purposes or any other reason, without the interruption entitling any obligation or compensation.

User Obligations

Users are bound by the provisions of Moroccan law No. 09-08 on the protection of individuals regarding the processing of personal data, dated February 18, 2009.

They must refrain, concerning the information they access, from any collection, capture, distortion, or use, and, in general, from any act likely to infringe the privacy or reputation of individuals, and generally any action that could affect the normal use of the Website in accordance with Moroccan law No. 607-3 on cybercrime. In particular, this includes:

  • The User is prohibited from submitting a Proposal on behalf of and for a third party;
  • Communicating their username and/or password to a third party for access to the Website;
  • Providing inaccurate or incomplete personal information;
  • Requesting access to a third party’s username and/or password;
  • Modifying or altering any content posted by a third party;
  • Using a robot or any other device to control or copy any part of the Website or its content;
  • Harassing, inciting harassment, or advocating harassment of any employees of ATLAS CLOUD SERVICES;
  • Sending unsolicited emails, making unsolicited phone calls, or sending unsolicited faxes promoting and/or advertising products or services to any other User;
  • Interfering or attempting to interfere with the services offered on the WEBSITE through the submission of a virus, “overloading,” “flooding,” “spamming,” “mailbombing,” or “crashing.”

A violation of system or network security may result in civil and criminal liability. ATLAS CLOUD SERVICES may investigate any event involving such a violation and may initiate any action against Users responsible for said violation.

Users are responsible for maintaining the confidentiality of their account, profile, and passwords, as applicable. They cannot share their password or other account access information with another party, either temporarily or permanently, and they will be responsible for all use of their logins and passwords on the Website, whether or not authorized by the Users. They agree to immediately notify ATLAS CLOUD SERVICES of any unauthorized use of their account, profile, or passwords.

Information Contained on the Website

The Information is provided in good faith, for information purposes only, and without any guarantee of any kind, as errors and omissions may occur. Therefore, they cannot engage the responsibility of ATLAS CLOUD SERVICES. They may be modified or updated by ATLAS CLOUD SERVICES without prior notice.

ATLAS CLOUD SERVICES cannot guarantee the accuracy, completeness, or timeliness of the information published on the Website.

ATLAS CLOUD SERVICES makes every effort to offer users available and verified information and/or tools but cannot be held responsible for errors or omissions, lack of availability of information, and services. Despite all the care taken in the creation and updating of this site, errors, inaccuracies, or omissions may persist, as well as connection or interruption issues on the Website.

As a result, the User acknowledges using this information at their own exclusive responsibility and refrains from any claim or action based on this.

Intellectual Property and Related Rights

The Website and all its components (including drawings, models, photos, illustrations, images, soundtracks, graphic charts, texts, logos, trademarks, etc.) are the exclusive property of ATLAS CLOUD SERVICES.

Therefore, it is prohibited to use, represent, or reproduce, in whole or in part, by any means whatsoever, distribute, publish, transmit, modify, or sell all or part of the content of the ATLAS CLOUD SERVICES website or create derivative works from it.

The logos related to ATLAS CLOUD SERVICES displayed on the Website, as well as the domain name “Atlascloudservices.ma,” are and will remain the exclusive property of ATLAS CLOUD SERVICES.

The general structure of the Website, the templates and layouts used on the Website, as well as the information, pictograms, photographs, images, texts, videos, sound sequences, animated or otherwise, and other documents composing the Website or accessible on this Website are subject to intellectual property laws and are the property of ATLAS CLOUD SERVICES or third parties who have authorized ATLAS CLOUD SERVICES to use them, as well as its potential suppliers, subcontractors, partners, and/or affiliated companies involved in the operation of the Website.

As such, any reproduction, representation, adaptation, translation, and/or transformation, in whole or in part, of the Website or one or more of its components, by any means whatsoever (including transfer to another website), without prior written authorization from ATLAS CLOUD SERVICES, is prohibited and constitutes counterfeiting punishable under, among others, law No. 17-97 on the protection of industrial property (as amended and supplemented by law No. 31-05), and may engage the civil and/or criminal liability of its author. No license or any other right except for the right to consult the Website is granted to anyone concerning intellectual property rights.

Any reproduction, distribution, transmission, modification, or use of these elements without the express prior consent of ATLAS CLOUD SERVICES, for any reason whatsoever, is prohibited and exposes its author to action from ATLAS CLOUD SERVICES for damages, without prejudice to criminal proceedings.

You may make a copy of the web pages published on the Website for your private, personal, and non-commercial use, provided that any copy of these web pages retains all copyright and exclusive rights notices contained therein.

ATLAS CLOUD SERVICES disclaims any responsibility for illegal use or exploitation of the elements (including drawings, photos, models, illustrations, images, soundtracks, graphic charts, texts, logos, trademarks, and other distinctive signs) contained on the Website.

Copyright

All elements published on the site are subject to the following notice:

“Copyright © / Copyright 2020 ATLAS CLOUD SERVICES. All rights reserved.”

The reproduction of all or part of the Website on any electronic medium is strictly prohibited.

Protection of Personal Data

By personal data, ATLAS CLOUD SERVICES refers to all information disclosed by Users as natural persons, regardless of its nature, such as their names, first names, emails, passwords, allowing them to be identified directly or indirectly, whether provided voluntarily by the Users or collected during their navigation on the Website.

ATLAS CLOUD SERVICES undertakes to take the necessary measures to ensure that the personal data, potentially communicated by the User, is processed in compliance with legal provisions, particularly the provisions of law No. 09-08 promulgated by dahir No. 1-09-15 of February 18, 2009, on the protection of individuals concerning the processing of personal data.

Personal information collected (such as name, address, phone number, email) through the registration form, if applicable, complies with the provisions of law No. 09-08. The forms specify the parties’ rights of access to modify and object to, for legitimate reasons, the processing of their personal data.

No personal information about the User is transferred to third parties or used for unintended purposes.

The personal data collected on the Website by ATLAS CLOUD SERVICES is exclusively intended for ATLAS CLOUD SERVICES to process the information communicated by the User and allow them to benefit from the services offered by the Website.

Users expressly consent to the collection and processing of their personal data by ATLAS CLOUD SERVICES for managing the Website.

The collected and processed information is retained for the necessary time to achieve the purpose of data collection and processing.

In compliance with law No. 09-08 promulgated by Dahir No. 1-09-15 of February 18, 2009, you have the right to access, oppose, and rectify the information concerning you for a legitimate reason, which you can exercise by contacting the following email address: contact@atlascs.ma.

Links

The Site may provide links to other websites operated by parties other than ATLAS CLOUD SERVICES. ATLAS CLOUD SERVICES cannot be held responsible for the content of the websites to which these links direct users, over which it has no control.

ATLAS CLOUD SERVICES shall not, under any circumstances, be liable for any direct or indirect damages resulting from such content. All links to other websites are provided solely for the convenience of users of this website.

ATLAS CLOUD SERVICES formally disclaims any responsibility for the content of all websites to which it provides links. These links are offered to the Users of the Site or the websites of its subsidiaries and affiliated entities as an additional service. The decision to activate these links is exclusively up to the Users of the Site.

As ATLAS CLOUD SERVICES is not the publisher of these sites, it cannot perfectly control their content. Consequently, ATLAS CLOUD SERVICES can in no way be held responsible for the content of the websites thus accessible, particularly regarding their accuracy, timeliness, quality, completeness, relevance, legality, advertisements, information, products, services, or any other material available on or from these sites or external sources.

Similarly, ATLAS CLOUD SERVICES cannot be held liable for any collection and transmission of personal data, installation of cookies, or any other process with similar aims carried out on or by these sites.

The confidentiality and integrity of Information are not guaranteed over the internet. Therefore, messages that the User sends electronically may be intercepted and/or modified. ATLAS CLOUD SERVICES disclaims any responsibility in this regard.

Furthermore, Users of the Site may not establish a hyperlink or framing (such as HTML code programming) to the Site without the prior written permission of ATLAS CLOUD SERVICES. Consequently, no element appearing on a page of the Site may be partially or wholly distributed, transferred, or inserted on another website, nor used to create derivative products, without the prior express authorization of ATLAS CLOUD SERVICES. For this purpose, Users may submit their request to the Site Administrator at the following address: contact@atlascs.ma.

Limitation of Liability

The User uses the Site at their sole and entire responsibility. The User is deemed to have accepted the legal notices of the Site as well as these Terms of Use simply by consulting the Site. Under no circumstances can ATLAS CLOUD SERVICES and its subcontractors be held responsible for the completeness, inaccuracy, or omission of this Information, nor can they be held liable for direct and/or indirect damages, regardless of their causes, origins, nature, or consequences, including incidental, special damages resulting from the content or use of the Site and/or any of the links and addresses related to it (including the Users’ access or inability to access the Site or any of these links, as well as any use that may be made of this Information), and notably, without limitation, any loss of operation, financial or commercial loss, loss of programs and/or data, particularly in the User’s information system.

The User fully assumes the risks associated with the importance and credibility they attach to the Information. This Information is provided on the condition that the User or any other person receiving the Information can determine its relevance for a specific purpose before using it. In no event shall ATLAS CLOUD SERVICES be held liable for damages resulting, in particular, from the importance given to this Information or its Use, whether for private or professional purposes. This Information should not be considered as recommendations for the use of information, products, procedures, equipment, or formulations that might conflict with a patent, copyright, or trademark. ATLAS CLOUD SERVICES disclaims any liability, express or implied, if the use of this Information infringes upon a patent, copyright, or trademark. ATLAS CLOUD SERVICES categorically rejects any interpretation that would equate the content of the Site with offers to purchase or invitations to acquire shares or other listed or unlisted securities of ATLAS CLOUD SERVICES, its subsidiaries, and direct or indirect affiliates.

No warranty, express or implied, is given regarding the merchantability of the Information provided or its fitness for a specific purpose, as well as the products or services referred to in this Information. ATLAS CLOUD SERVICES makes no commitment to update or correct the Information posted on the Site.

Under no circumstances can ATLAS CLOUD SERVICES be held liable for any loss resulting from or in connection with access to the Site or the use of information or software available on the Site, whether directly or indirectly, including, without limitation, any liability related to loss of use, business interruption, loss of profits, or loss of data, or any incidental, special, or consequential damages of any kind, regardless of the form of action, whether based on contract law, tort law (including negligence), or otherwise, even if ATLAS CLOUD SERVICES has been advised of the possibility of such damages.

Furthermore, ATLAS CLOUD SERVICES cannot be held liable for direct or indirect damages that may result from access to or use of the Site, including inaccessibility, data loss, damage, destruction, or viruses that may affect the User’s computer equipment, and/or the presence of viruses on the Site. ATLAS CLOUD SERVICES does not guarantee that the Site will operate without interruption and that the servers providing access to it and/or third-party sites with hypertext links do not contain viruses. Additionally, ATLAS CLOUD SERVICES cannot be held liable for any data loss or damage to the User’s data.

Cookies

Users are informed that during their visits to the Site, a navigation tracking mechanism may be implemented. They have the right to access, withdraw, and modify personal data communicated through tracking techniques.

Their visit to the Site results in the creation of a session cookie (hereinafter “Cookie(s)”) that records information related to the navigation of their computers on our Site (the pages viewed, the date and time of the consultation, etc.), which we may read during their subsequent visits.

During any visit to the Site, the pages viewed by the User create a session Cookie, which is downloaded by the User’s computer. Cookies are small text files that allow a server to recognize a computer and, therefore, to know if the computer (and probably the User) has previously visited the Site. If the computer reconnects to the Site, the latter will search for and use these Cookies or “tokens” left on the hard drive during the previous visit.

Cookies themselves do not allow the identification of a User, but only the computer they use. Cookies are limited to noting the parts of the Site visited by the relevant computer and the time spent there. The User is free to object to the recording of Cookies by configuring their browser as described below. However, by refusing Cookies, it will be impossible to provide certain personalized services, and this manipulation may slow down or prevent access to certain parts of the Site.

The User is informed that, during their visits to the Site, a Cookie may automatically install itself on their browser software and be temporarily stored in memory on their hard drive.

This information is used to provide an optimal service.

Thus, Cookies are used to:

  • record information about the User’s navigation on the Site to direct their navigation to the most appropriate content;
  • measure the number of visits to the Site.

In no case are Cookies intended to exploit personal nominative information concerning people connected to the Site.

The User acknowledges having been informed of this practice and authorizes ATLAS CLOUD SERVICES to employ it.

The User can disable the Cookie through the settings within their browser software, notably by modifying the options of the browser software on their computer (under “Edit/Preferences” in Netscape Navigator 6.2, “Tools/Internet Options” in Internet Explorer, “Tools/Options” in Mozilla Firefox, and “Safari/Security” in Apple Safari).

Modification and Updating of Access and Use Conditions

ATLAS CLOUD SERVICES reserves the right to periodically enrich, modify, and correct the Terms of Use (CAU). Once amended, the CAU will take effect from the date they are posted on the Site. Consequently, users must regularly consult the CAU.

Atlas Cloud reserves the right to modify and update the Site and the Terms of Use at any time.

Each modification to the CAU will be dated and referenced. The new version can be consulted on the Site. In this case, the last updated date indicated on the Site will be modified. Any modification takes immediate effect upon its publication on the Site. If the User continues to use the Site after the changes are published, this implies acceptance of these changes. These modifications and updates are binding on the User, who must therefore regularly refer to this section to verify the current version.

Conditions

These conditions govern the relationship between the User and ATLAS CLOUD SERVICES and shall not create any rights for third parties.

If ATLAS CLOUD SERVICES does not take immediate action in case of a breach of the conditions by the User, this shall not be interpreted as a waiver of its rights and does not affect its ability to invoke them later.

If one or more of the provisions of these conditions is deemed void or unenforceable, it will be considered as not written and will not affect the validity of the other provisions.

Governing Law and Jurisdiction for Dispute Resolution

These CAU will be governed by and interpreted in accordance with Moroccan law.

Any dispute arising from or relating to the CAU will be submitted to the competent Courts of Casablanca, Morocco.

The waiver by ATLAS CLOUD SERVICES of asserting a breach of any provision of the CAU shall not be interpreted as a waiver of asserting a breach of any other provision.

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