TERMS & CONDITIONS

1. GLOSSARY−DEFINITIONS

The following definitions apply to all the legal conditions applicable to the www.weshare.mu website, and specifically to the Terms & Conditions, the Privacy Policy and the Good Advertiser Charter.

Ad:

refers to all the static features (artwork, graphs, texts), of a direct or indirect advertising nature, written and / or created under the exclusive editorial responsibility of an Advertiser, and published with the purpose to sell, rent, give or search a product or a service.

Advertiser:

refers to any natural person (over 16 years old) who posts an Ad on the Mauritian-based website, acting exclusively for private purposes, and who has placed an Ad through the weshare.mu service. Any individual Advertiser must mandatorily hold a personal account to submit or manage his / her Advert(s).

Terms & Conditions (T & Cs):

refers to the Terms & Conditions of the website, which govern the obligations of the Visitors and Advertisers, as well as the relations between the Users, the Advertiser and the Company.

Good Advertiser Charter:

refers to the Charter to which the Advertiser consents to abide by.

Personal account:

refers to the free space, accessible from the website, that any individual Advertiser must create, and from which he / she can publish and manage his / her Ads, and on which he / she can have access in particular to his / her personal data, Ads, email alerts, search history, etc.

weshare.mu Content:

refers to all editorial content including, but not limited to, texts, pictures, images, videos, messages and / or other elements of any kind which is provided by the company, and published on the website.

Contract:

refers to the T & Cs, the Privacy Policy and the Good Advertiser Charter which the Advertiser or the User commits to respect.

Dixtill Ltd:

refers to the company which edits and operates the weshare.mu website: Dixtill Ltd, registered under the BRN number C15128421, whose Head Office is located at Palm Square - 1st Floor - La Mivoie - TAMARIN.

Personal data:

refers to the information, of a personal nature, provided by the Advertiser or the User on his personal account. The personal data which may be collected is defined by the Privacy Policy.

Mailbox:

refers to the internal mailbox offered by the website which allows the Users to contact Advertisers in order to submit their requests for additional information and / or to both agree on the sale. The mailbox can be accessed from the User’s or the Advertiser’s account

Privacy Policy:

refers the protection and security rules applied to personal data.

Service:

refers to all the services which are made available to the Users and / or Advertisers on the website as described in “description of services” of the T & Cs.

Quality department:

refers to the company’s department from which the Advertiser can get all additional information. This department can be contacted from Monday to Friday from 8 a.m. to 5 p.m. via the following address: qualite@weshare.mu.

Site:

refers to the website.

Website:

refers to the website operated by Dixtill Ltd, accessible on the URL: www.weshare.mu.

Tool:

refers to any communication tool proposed by Dixtill Ltd which can integrate Ads, that is, any online service (in particular but not limited to websites mobile terminal applications, touch tables).

User:

refers to any visitor having access to the website, on which he can visit the website pages and use, if he wishes to, the open services of the site, accessible from the different tools.

2. PURPOSE AND ACCEPTATION

These conditions apply to the use of your weshare.mu site, and are intended to determine the conditions made available to the Users and Advertisers via the site.

Any Advertiser having an account, publishing Ads on the site, declares to have acknowledged the T & Cs, and accepts the same terms.

Users and Advertisers commit to scrupulously and fully respecting these T & Cs.

By having access to this site, you agree to acknowledge our conditions, and to keep us informed of any modification or addition.

If you do not agree with these conditions, you must not, under any circumstance, use this website. These T & Cs are therefore fully enforceable against Users and Advertisers.

3. The weshare.mu COMMUNITY

weshare.mu is a platform on which Users can exchange information. weshare.mu does not provide, nor does it sell, the information and products or services described in Ads on our site.

weshare.mu cannot control the quality, veracity, sincerity or legality of any information, product or service placed on our website and accordingly, it is possible that you will be confronted with certain shocking, indecent or objectionable contents.

You are aware that you, and not weshare.mu, are fully responsible for any information filled in by you on our site, and you agree to comply with applicable laws and regulations. You can fill in information within the limits of your legal rights.

4. SERVICES ACCESSIBLE TO ADVERTISERS AND USERS FROM THE WEBSITE

Features accessible to Users and Advertisers from the website (non-exhaustive list):

• The consultation of all published Ads
• Getting in touch with the Advertisers
• The possibility of advising the Ad to a friend
• Reporting abuse
• Saving an Ad
• Saving my research
• Sharing an Ad on Facebook via the share button
• The creation of an Account

Additional features accessible to Advertisers from the website (non-exhaustive list):

• The creation of an account with the mandatory information: name, first name, email, password
• The creation of Ads
• Publishing Ads and managing Ads published via "my account"
• Ads management via the Personal Account dashboard
• Creating email alerts for Ads
• The management of contact details and personal information
• Enabling Users who are interested in the Ads and Advertisers to get in touch through the mailbox

5. CREATION OF AN ACCOUNT

Creating an Account is free. A single Advertiser or User must create only one Account.

To create an Account, the Advertiser or the User must fill in the registration form and choose a password.

The registration form and the Account are accessible:

• From the “my account” button for Advertisers
• Simultaneously to the submission of an Ad by an Advertiser
• When a User requests the creation of an email alert.

The Advertiser or User agrees to complete the online registration form in good faith, by providing accurate information.

He undertakes not to usurp an identity, nor use a false identity, in order to mislead third parties as to the identity of the author of an Ad.

On the website, the individual Advertiser or the User is invited to fill in the following fields: his / her title, his / her name and first name, his / her email address, his / her town.

The Advertiser or User undertakes to keep the confidentiality of his password in order to access all or part of the services, and in particular his account and his mailbox.

The Advertiser or the User therefore shall not invoke the liability of the company in the event of actions on the website by a third party in possession of his password, with the obligation for him to take action against this third party.

In general, the Advertiser or the User acknowledges that the company shall not be held responsible for any fraudulent use of his account or his mailbox.

6. PLACING AND PUBLISHING AN AD

The Advertiser may place his Ad under the conditions specified on the Ad submission form corresponding to the desired category, and determining in particular whether it is paid or free, the number of photos, etc. The Advertiser is informed that, for technical reasons, publishing an Ad on the website does not instantaneously come with its validation.

In addition to these provisions, the Advertiser undertakes to comply with the provisions of the Good Advertiser Charter. The And published on the site may also be published, free of charge, on any electronic or paper communications service proposed by the company, as well as on the pages of Users' social networks (accessible via any electronic communications network, and regardless of the reception terminal used being fixed or mobile). The Ads published on the website are accessible for sixty days (60) as from their online publication, except in the event of withdrawal by the Advertiser, from his account or withdrawal by the company.

Please refer to paragraph 10 “Commitment and Guarantee” of the Advertiser.

7. THE MAILBOX

The company offers an internal mailbox service allowing Users and Advertisers to communicate with each other, without having to immediately disclose their personal information, such as their email address and / or their telephone number.

Users and Advertisers will be notified by the company via email, on the address used to open their account, on receiving a contact request or a new message.

In order to be able to answer their interlocutor, they will have to log on to their account to access their mailbox.

Access to mailbox is available solely to individual Advertisers.

Specifically, Users can make a contact request to all Advertisers. However, only individual Users and Advertisers will be able to communicate through the mailbox. Advertisers and Users undertake to use the mailbox service in accordance with its purpose. Moreover, by using the mailbox and in addition to the other obligations specified by the legal conditions, Advertisers and Users undertake, in particular:

• to behave in a fair manner with regard to Users and other Advertisers;
• to assess what they, themselves, define as being within the scope of their private life, and that it is their responsibility to strictly communicate to their interlocutor information solely pertaining to themselves whose diffusion they deem cannot be detrimental to them;
• not to make comments or publish content, in any form whatsoever, which may infringe the rights of others, or contrary to good morals or public order or, in any other way, inappropriate, indecent, shocking or incorrect, obscene, defamatory, abusive, pornographic, violent, racist, xenophobic, revisionist, discriminatory, etc., or which infringe the privacy or rights of any person;
• to respect image rights, property rights, copyright;
• not to violate any civil rule (respect for others, for private life) or criminal law (paedophilia, prostitution, soliciting, racism and xenophobia, pornography, zoophilia, drugs, harassment, call for murder, suicide, sect, computer hacking, etc.);
• not to divert other website Users to any other site or any service competing with what is offered on the website;
• not to publish, indicate or broadcast information or contents having the effect of causing the services to malfunction, such as software, viruses, logic bombs, massive sending of messages, etc.

The Site reserves the right to delete messages which are massively sent by a User or an Advertiser in order to maintain a normal quality of use of the service with regard to other Users and Advertisers.
In accordance with applicable law, the messages exchanged between Users and Advertisers constitute private correspondence and are confidential, the company acting exclusively as a mailbox host.

The history of messages which they have exchanged is kept in their account; Users and Advertisers thus recognise that the company cannot not be held liable, or otherwise responsible, for the correspondence between them.
However, if the company is notified by one of the parties of a breach of the legal conditions relating to the site and / or the applicable legislation, the User’s or the Advertiser’s account may be postponed and / or terminated under the conditions provided for in the article "Suspension - Termination".

8. NOTIFICATION OF ABUSE

The Company, in its capacity as a host of content which is posted online by Advertisers on the website, makes available to Users an easily-accessible and visible device, allowing them to report clearly illegal content.

Thus, Users have the opportunity to report illegal content:

• by clicking on the "Abusive content" link located on each Ad page
• by clicking on the "Contact Us" link, and filling in the form made available to them by the Site
• by directly sending an email to abus@weshare.mu.

The reasons for which the Ad must be withdrawn, as well as the legal provisions and the justifications of facts allowing the Company to have an effective knowledge of the reported illegal content, must be communicated.

The company reserves the right to withdraw the content or the Ad that the User has identified as being unlawful or clearly unlawful.

It is reiterated that any notification of a content or an Ad abusively presented as unlawful, or clearly unlawful with the aim of obtaining its removal, exposes the User to criminal penalties.

9. LIABILITY

Of the User

Any User undertakes, in all cases, to use and leverage the Ad published by the Advertisers in accordance with the applicable legislation and regulations, and in particular to abide by the rights of the third parties and of the Advertiser author of the Ad.

Any User is responsible for the use he / she makes of the Ad and the company's services. In this regard, he / she guarantees the company against any condemnation against it as a consequence, and expressly releases the company from any liability which it could incur.

Of the Company

The company being solely a host for Ads, published by Advertisers on the website, can therefore be in no way held liable for the content of the Ads published by the Advertisers, and gives no warranty, express or implied, in this regard.

The company is not required to exercise control over the quality, legality, veracity or accuracy of the published Ads.

However, if the Advertiser posts an Ad with illegal content on the website, as soon as it becomes aware of it, the company reserves the right to delete it, without notice, compensation or right to reimbursement, and without prejudice regarding any other right which the company may invoke.

Thus, it is reiterated that the company is a third party to the correspondence and relations between the various Advertisers and Users and, therefore, excludes any liability in this regard. To this end, it is reiterated that agreements take place directly between the Advertiser and the User.

In consequence, the company does not guarantee the finality of any agreement entered into by an Advertiser and a User who have been put in contact with an Advertiser. The Advertiser is free to choose the User with whom he wishes to settle an agreement. The company undertakes to implement all the necessary means to ensure at best the provision of the services which it offers to Users and Advertisers.

The company shall not be held liable in the case of force majeure or of fact beyond its control, in particular in the event of interruption of the website or the services resulting from a failure of the communications network (electronic and / or electrical communications networks, etc.) or the Advertiser's internet service provider.

Thus, weshare.mu denies all liability with regards to:

• the accuracy, content, comprehensiveness, legitimacy, reliability, operability or availability of the information or data displayed in the results obtained by the weshare.mu services.
• the deletion, impossibility of storage, incorrect transmission or untimely transmission of said information or data.
• prejudice likely to result from the use of information or data available on the Internet via the services of this site. The services of weshare.mu are provided "as it is" without any warranty.
• the interruption, failure, modifications and malfunctions of the weshare.mu service, regardless of the communication medium used, irrespective of the origin and source.
• loss of data or information stored by weshare.mu. Advertisers have the responsibility of taking all necessary precautions to maintain the Ads which they post through the weshare.mu service.
• the temporary incapacity to access the website due to technical problems, irrespective of the origin and source.
• direct or indirect prejudice caused to the User or the Advertiser, irrespective of the nature, resulting from the content of the Ads and / or of access, management, Use, operation, malfunction and / or interruption of the weshare.mu service.
• abnormal use or illicit exploitation of the weshare.mu Service by any User or Advertiser.
• computer attack or hacking, deficiency, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the internet network. Any User and Advertiser is then solely responsible for the prejudice caused to third parties and for the consequences of complaints or actions which may result therefrom.

weshare.mu’s liability may only be actioned for direct prejudice suffered by the Advertiser, resulting from a breach of its contractual obligations as defined herein.

The User – the Advertiser therefore waives the right to seek compensation from weshare.mu, irrespective of the reason, for indirect prejudice such as loss of profit, loss of opportunity, commercial or financial damage, increase in overheads, or losses originating from, or being the consequence of, the performance hereof.

Therefore, weshare.mu excludes:

• all guarantees of commercial success, of adaptation to a specific item, and of non-infringement of proprietary rights.
• all guarantees as regards to the safety, reliability, timeliness and performance of weshare.mu services. weshare.mu gives no warranty for any information or advice obtained via the weshare.mu services.
• weshare.mu brings no warranty for any services or goods received via (or promoted via) the weshare.mu services, or via the links offered by the weshare.mu services, nor for any information or advice received through links offered by the weshare.mu services.

The company reserves the right, at any time, to modify or stop accessibility to the site, or services, in whole or in part.

You declare that you understand and agree that you are using, in one way or the other, information or data via the weshare.mu services at your discretion and at your own risk, and that you remain solely responsible for any damage caused to your computer system or data subjects which could result from the downloading and / or use of this information or data.

10. COMMITMENT & GUARANTEE OF THE ADVERTISER

The Advertiser guarantees:

• to hold all the rights (in particular intellectual property rights) or has obtained all the required authorisations for the publication of his Ad.
• that the Ad does not violate any regulations in effect (in particular regarding the use of personal data, prohibition on marketing certain goods or services), nor any third-party rights (in particular regarding intellectual property rights and rights relating to the personality), and that it does not contain any defamatory or harmful message with regard to third parties.

In the event that the liability of the company would be judicially actioned owing to a breach on the part of an Advertiser of his mandatory obligations under the T & Cs, Good Advertiser Charter, or Privacy Policy, the company and / or the partners may call the Advertiser in warranty.

Consequently, the Advertiser guarantees the company, as well as its managers and employees, against the consequences of any legal or factual disturbance and, in particular against any action directed against the company in connection with a violation of the T & Cs, the Good Advertiser Charter, or Privacy Policy.

The Advertiser, by virtue of this guarantee, would bear all the damages to which the company would be sentenced, which cover all the possible legal costs and fees which it would have to handle (legal fees, publication costs, etc.).

It is explicitly agreed that the Advertiser undertakes to immediately inform the Company of any complaint made by a third party and related to the broadcasting of the Ad, so that the company can postpone or interrupt the broadcasting of the Ad on the website, without this postponement or interruption giving rise to any right to a compensation for the benefit of the Advertiser.

Therefore, the Advertiser undertakes, in particular, that the Advert does not contain:

• any hypertext link redirecting Users, in particular to websites operated by any third party to Dixtill Ltd
• any information which is false, misleading or likely to mislead Users
• any defamatory mention, or which is likely to harm, the interests and / or the image of Dixtill Ltd or any third party
• any content infringing the intellectual property rights of third parties
• any promotional or advertising content related to the Advertiser's activity. Indeed, an Ad is intended to promote a product and is not an advertising medium.

The Advertiser undertakes to only offer in the Ads the available goods that he / she has. The Advertiser undertakes, in the event of unavailability of the good, to proceed with the withdrawal of the Ad from the weshare.mu service as soon as possible.

The Advertiser declares to know the broadcasting scope of the website, to have taken all precautions to comply with the applicable legislation at the places of receipt, and to release Dixtill Ltd from all liability in this regard. In this context, the Advertiser declares and acknowledges that he / she is solely responsible for the content of the Ads which he / she publishes and makes accessible to Users, as well as any document or information which he / she transmits to Users. The Advertiser undertakes full editorial responsibility for the content of the Ads he / she publishes. Users and Advertisers are solely responsible for the transactions carried out and their consequences. Consequently, the Advertiser releases Dixtill Ltd, its subcontractors and its suppliers from all liability; guarantees them against any recourse or action in connection with the Ad which may be brought against them by any third party, and will bear responsibility for all damages as well as the costs and expenses to which they could be sentenced or which would be provided against them by a transactional agreement signed by the latter with this third party, without prejudice to any and all damages which weshare.mu, its subcontractors and its suppliers could claim because of the harmful acts of the Advertiser.

In the event that Ads are broadcasted by an Advertiser registered as an individual holder of a personal account, whose activity can be assimilated to a professional activity, Dixtill Ltd reserves the right to restrict the use of the weshare.mu service, in particular to refuse or limit the number of Ads that the Advertiser can publish on the website. Any Ad is broadcast, as from the day it is published by our services, on the website for a maximum period of 60 days. After this initial period of 60 days, weshare.mu sends the Advertiser an email informing him / her that his / her Ad has expired and that it is no longer online. The Advertiser also undertakes that his / her Personal Account does not contain:

• any false and / or deceptive mandatory information
• any information infringing the rights of a third party.

In so doing, the holder declares and acknowledges that he / she is solely responsible for the information provided when creating his /her personal account. By creating a personal account, each holder acknowledges and accepts that weshare.mu can delete, at any time, without compensation, an account which would go against in particular but not limited to Mauritian law and / or the Site rules set by weshare.mu, and accessible here.

11. PERSONAL DATA

weshare.mu uses the information collected on this website in accordance with its policy regarding personal data. By using this website, you agree to the terms of weshare.mu regarding personal data. The Company undertakes to comply with current legislation in the event that it comes to collect personal data relating to Users or Advertisers. The User or Advertiser is invited to consult the Privacy Policy available on the Site. You have the right to access, modify, rectify and delete any personal data brought to the knowledge of weshare.mu when using the weshare.mu website.

This right may be exercised:

• on the weshare.mu website using your email address and password (created when registering)
• by sending a mail to the attention of: weshare.mu - Palm Square - 1st Floor - La Mivoie - TAMARIN
• by email: info @ weshare.mu.

12. INTELLECTUAL PROPERTY OU COPYRIGHT

Partners’ content

The company does not hold any ownership rights on the content published by partners on the pages of the website, through or in connection with the services. After publication, partners retain all the rights they may have on such content, subject to the limited license they grant to the company.

Content and the company’s website

weshare.mu is a registered trademark. Any total or partial reproduction of brands and logos, made from elements of the website and without the express prior authorisation of the company, is prohibited. All the elements constituting the website (in particular but not limited to texts, illustrations, pictures, images, videos, sounds, maps, names, logos, brands, software and databases, etc.), distinctive signs such as trademarks, logos or other, and any software used on the website as well as the website itself are the exclusive property of the company or are used by the company with the authorisation of the holders of the rights, and are protected by intellectual property.

Subject to these terms, you may view and submit information made available to Users by Users of this website, but for your protection and the protection of other users of weshare.mu, you cannot:

• reproduce all or part of this site, on another server or in another location.
• redistribute or disclose any information obtained from this site to a third party (whether it is a website or otherwise).

You cannot sell, modify or produce works derived from information obtained on this website, or alter or delete any copyright or reference to protected material.

weshare.mu reserves all rights not expressly notified in this paragraph. By placing information on this site, you give weshare.mu the irrevocable, universal, royalty-free license to reproduce, modify, distribute, display or publicly represent, and to create derivative works from this information for use on this site, and to redistribute this information to a third party in connection with the development and maintenance of this site.

You can modify or delete any information placed on this site at any time.
The company reserves the right to initiate legal proceedings against any person who does not respect these rules.

13. SUSPENSION – TERMINATION

In the event of a breach of the T & Cs, of the Good Advertiser Charter, or the Privacy Policy, the company reserves the right to temporarily or permanently suspend an Ad and / or an Account. The Advertiser may terminate his registration and close his Account, at any time and without prior notice, by directly sending an email to info@weshare.mu.

In the event of termination of the account, the Ads published online by the Advertiser on the website will not be automatically deleted, and will remain accessible to any User, with the exception however of the Ads which are unlawful or manifestly unlawful, or which would seriously violate the principles set out in the Good Advertiser Charter. The former Advertiser may nevertheless ask the company to delete the Ads, of which he / she is the author, by mentioning the link where the Ads are accessible by sending an email to: info@weshare.mu.

In the event that a decision from a judicial or administrative authority, or a regulation, were to prohibit or restrict the use of the website, the company may terminate the contract in its own right, by any means and without notice; this termination shall not lead to any damages of any kind.

The company may terminate the Advertiser's or User 's registration, without notice, in the event of obvious abuse by the Advertiser, in particular in the event of violation of these T & Cs, or in the event of the broadcasting of one or more Ad(s) which would seriously violate the principles set out in the Good Advertiser Charter or the Privacy Charter.

14. MODIFICATION OF WESHARE.MU SERVICES AND OF THE T & Cs

The company Dixtill Ltd reserves the right, at any time, depending on the changes or additions made to this site, to modify or interrupt the accessibility of all or part of the WESHARE.MU service and / or the website.

Dixtill Ltd reserves the right to modify, at any time, all or part of the T & Cs in order to adapt them to changes in its operation and / or to changes in legislation. Users and Advertisers are invited to regularly consult these T & Cs to be aware of any changes made.

The use of the site by Users and Advertisers establishes their acceptance of the modifications made to the T & Cs.

15. COMPLAINTS

Any complaint should be sent to the company by email at the following address: info@weshare.mu.

16. MISCELLANEOUS PROVISIONS

These T & Cs are subject to Mauritian law.

Should part of the T & Cs prove to be illegal, invalid or inapplicable, for any reason whatsoever, the provisions at issue shall be deemed unwritten, to the extent of their invalidity, illegality or inapplicability, without any bearing on the validity of the other provisions which will continue to apply between the Users or the Advertisers and weshare.mu.

The company reserves the right to subcontract and / or transfer to third parties its rights and obligations under these T & Cs.