These General Conditions of Use ("GCU") are applicable to the entire relationships between the Users of the application SAFEOPS and Stars Innovation & Development.
(Hereinafter "SID") as the owner of the SAFEOPS application :
Limited Company
With a capital of: 536830.000 TND,
Registered in RC: B24182182011
Whose head office is situated at : Hertz Building, Block A, Rue des Entrepreneurs, 2035 Z.I Charguia II, Tunisia.
The application is intended to be used :
On the one hand, by "users of SAFEOPS" to enable them:
On the other hand, by the "users of SAFEOPS on Android SAFEAPP" to allow them to:
The users of the application are deemed to have read, understood, approved and accepted the UGC simply by their use of the application.
When creating a SAFEOPS environment by an Administrator account’s user, the User acknowledges having read the Terms and expressly accepts them by checking the "I accept the Terms of Use" box.
When the member account is created by the administrator account’s user, the account member(s) is /are subject to the same general terms and conditions as the user of the administrator account.
The user of the administrator account remains solely responsible for any failure to comply with this GCU by a member account user and may result in the suspension or removal of the SAFEOPS environment created by the user of the administrator account.
The user is informed that SID will be able to modify at any time the present GCU, which will be opposable to him within 72 hours of being put online on the application. For information, these modifications will be the subject of a special mention on the application during a period of 72 hours. The User acknowledges and agrees that his use of the Site after the date of the modifications will entail his express and unconditional acceptance of the GCU.
The User can only use the application if he is legally capable and his Administrator user account has not been deleted.
These General Terms and Conditions and the applicable Particular Conditions constitute the entire contractual documents that can be enforced between SID and the Users.
"Member Account": means the user (s) added by the administrator account for the use of the SAFEOPS and SAFEAPP application.
"Administrator Account" means the user who has created from the safeops.aero website the exclusive working environment for the use of the SAFEOPS and SAFEAPP application.
"Content of the SAFEOPS & SAFEAPP application" refers in particular to existing texts, software, scripts, graphics, photos, sounds, music, images, drawings, videos and interactive functions that can be added by SID at a later date safeops.aero and the SAFEAPP mobile application.
"Account currency" means the currency (€: EURO or $: USD) chosen by the Member when registering on the application. Each Administrator Account corresponds to an account currency, which cannot be changed in any case afterwards. If no choice is made, the account currency will be deemed to be the EURO.
"Rights" means all intellectual property rights, such as copyrights, copyright related rights, trademarks rights, rights including those provided for in the Property Intellectual Code and the relevant international conventions, as well as the “rights of the individual”.
Visual Elements": refers to video graphic, photographic, pictorial, elements etc that a user chooses to publish on the application.
"Identifiers": means the user name ("login" and / or email address), as well as any confidential code or "password" chosen by the user and allowing them to identify themselves in order to access to their account,
"Application": means the internet application: safeops.aero as well as the Android application SAFEAPP or any URL that could be substituted by SID.
"User" means a natural person who accesses the application and can be divided into the following categories:
"Observer": means a natural and / or legal person who has access to the visualization of the application safeops.aero thanks to an invitation received on his e-mail address by a member or administrator account and navigating through the application without being registered.
The access to the application is offered with charges and allows users to view its content.
Access to the application gives users a private, non-collective and non-exclusive right to use the application content.
SID reserves the right, in particular for reasons of corrective or evolutionary maintenance, to temporarily suspend access to the application or to a part of it.
It is stipulated that all hardware or software necessary for the use of the service remain exclusively at the user's expense.
The user is solely responsible for his identifiers use, without being able to oppose to SID any loss, misappropriation or fraudulent use by a third party.
Any access to and / or use of the application and transmission of data from a SAFEOPS account shall be deemed to have been effected by the member of the Account concerned and validated by the account administrator.
Notwithstanding the foregoing, the user is obliged to inform SID without delay of any loss, misappropriation or fraudulent use of his Identifiers by a third party to whom he has permitted access to his Account, specifying his name, surname by e-mail to the following address: support@safeops.aero, or by post to the address of the head office indicated in the heading hereof.
Registration as an administrator gives access to an Administrator Account. Each member account is unique, exclusively accessible through the Identifiers.
The administrator commits not to create or use on the application other accounts than the initially created and allocated, whether under his own identity or that of a third party.
The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the prior written authorization of SID may lead to the immediate and without notice suspension of the account or accounts of the administrator. In addition, the administrator commits not to create a false identity such as to induce SID or any third party in error and not to usurp the identity of another legal or natural person.
In order to ensure compliance with the provisions of the preceding paragraph, SID reserves the right to ask the Administrator to justify by any means his identity. In the absence of justification within seven (7) days of the request of SID, the suspension referred to in the preceding paragraph shall apply.
By accepting these UGCs, the Administrator agrees not to use the application for any illegal or fraudulent activity, including (but not limited to) money laundering. Criminal and / or civil suits may be brought against the administrator and any other person directly or indirectly involved in such illegal or fraudulent activity.
SID reserves the right to transmit, at its discretion, any information likely to be illegal or fraudulent, to the competent authorities without notifying the administrator.
The Administrator waives any right or remedy, of whatever nature, which may be recognized or opened to him, in any place whatsoever, by reason of the communication of this information to the authorities.
The Member agrees not to create or use on the application other accounts than initially created and allocated, whether under his own identity or that of a third party.
The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the prior written authorization of SID may result in the immediate and unannounced suspension of the Member's account (s). In addition, the Member undertakes in particular not to create a false identity likely to induce SID or any third party in error and not to usurp the identity of another legal or natural person.
In order to ensure compliance with the provisions of the preceding paragraph, SID reserves the right to ask the Member to justify by any means its identity. In the absence of justification within seven (7) days of the request of SID, the suspension referred to in the preceding paragraph shall apply.
By accepting these Terms, the Member agrees not to use the application for any illegal or fraudulent activity, including (but not limited to) money laundering. Criminal and / or civil proceedings may be brought against the Member and any other persons directly or indirectly involved in such illegal or fraudulent activity.
SID reserves the right to transmit, at its discretion, any information likely to be illegal or fraudulent, to the competent authorities without notifying the Member.
The personal data collected and subsequently processed by the application are those that the user voluntarily transmits to the application, in particular via the registration forms.
It undertakes to provide accurate, up-to-date and complete information and to carry out without delay all the corresponding modifications on its SAFEOPS account
The application and the nominative files are established in accordance with Tunisian regulations in force.
On the overall exchanges made on the application, the messages posted by the User represent only his opinion and are solely his responsibility.
The User is solely responsible for the personal data he discloses on the application.
When the User makes use of the possibility of putting on-line on the application of the Contents, on which SID does not exercise any control whatsoever and is not responsible for any prejudice arising there from, the User undertakes Not to publish Content that is contrary to the objective of the application and / or the provisions of these GCU, and / or of an illegal nature, in particular:
The User is also prohibited from publishing any Content that includes:
This prohibition applies to all types of user communications without limitation, whether public or private, and to whom it is addressed, including SID employees.
SID gives each user the right to contact him at helpcenter@safeops.aero in order to transmit and inform him of unlawful information.
SID reserves the right after the email reception:
SID's mission is to link the user of the SAFEOPS mobile application (named SAFEAPP) with the user of the SAFEOPS application accessible via the url www.safeops.aero.
SID cannot be held liable for the activities or information stored if it is not aware of its illicit nature or if, as soon as it becomes aware of it, it acted promptly to withdraw such data or Make access impossible.
In addition, SID shall not be liable to the User for any prejudice whatsoever which he may suffer in case of force majeure, the fact of the professional or a third party or because of his Own fault, negligence or imprudence.
Whatever the nature, basis and manner of an action to be taken by the User, except in the case of bodily injury or fraud attributable to SID, the latter's liability, limited to direct damage, shall not exceed During the whole period of supply of the Service and all operative events combined, an amount equal to 100 (one hundred) Tunisian Dinars for the entire duration of the execution of the present terms.
The User acknowledges that the warranties and limitations of liability set forth above operate between the parties a reasonable allocation of risks and liabilities with respect to the context of the provision of the Service. The User is aware and aware that SID would not have entered into this contract without the limitations of liability and warranty set forth above.
The duration of this contract is as follows:
No partnership, joint venture, employee / employer or franchisee / franchisor relationship is provided or created by these Terms and Conditions between SID and the User.
The application is the exclusive property of SID. In general, SID grants a personal, non-exclusive and non-transferable right of access and use of the application, any other right, including reproduction or representation, being expressly prohibited and liable to civil penalties And criminal penalties for counterfeiting.
The "Content of the Application" ( "Content of the Application", other than "Content" as defined in these Terms of Use), including text, software, scripts, graphics, photos, sounds, music, images, drawings , Videos and interactive functions, is the exclusive property of SID. The "content of the Site" is protected by the right of the intellectual property and in particular by the copyright and the right of the marks.
The "content of the application" may under no circumstances be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, altered, licensed or otherwise exploited for any purpose. Any hypertext link to the Site is also prohibited without the prior written permission of SID.
The application may contain hypertext links to other tabs of the Internet browser that do not belong to SID or are not controlled by SID. SID has no control over the content, privacy charters or practices of third party websites and disclaims any liability in this regard. SID is not responsible for the availability of these external sites and resources and does not endorse any advertising, products or other materials on these websites or external resources accessible from them.
For reasons of security of the application, the User agrees not to use any of the following Java Script functions on the application:
In general, the User undertakes not to have any activity likely to disrupt or attempt to disrupt the application or activities of the application. Any violation of the provisions of this Article may result in sanctions, including:
SID reserves the right to suspend immediately and without notice any Member Account or Administrator Account, temporarily or definitively, in the event of a fault attributable to the User concerned characterizing a violation of these GCU or of the Particular Conditions applicable to it. The user will be able to delete his account at any time, following the issuing of an e-mail mentioning as object: "DELETE ACCOUNT" to the following address: helpcenter@safeops.aero. The deletion of the account will not exceed 30 working days after receipt of the email.
If any provision of these Terms of Use prove to be ineffective or deficient, this shall not affect the validity of the other provisions of these Terms and Conditions or of these Terms. The clause to be deleted or that is missing will be replaced by a legally valid provision that is consistent with the purpose of these GTCs. Failure to exercise one or more rights conferred by the GCU or these Terms shall not constitute a waiver by the parties of their rights.
Tunisian law is the only one applicable to the present GCU and to any dispute that may arise therefrom. The language of interpretation being the French language in the event of dispute as to the meaning of a term or provision of this Agreement. The courts of Tunis 1 shall have exclusive jurisdiction to hear and determine any dispute relating to this Agreement.