Article 1: Purpose
Article 2: Access to the Application
2.1 Legal capacity:
The Application is solely accessible to natural persons of 18 years or older, having full legal capability to engage under these GTU.
2.2 Download of the Application
The Application can be used on mobile phones and tablets, in the IOS and Android operating systems. The User who wishes to use the exchange platform must download the Application from the appropriate download application. This download is subject to the specific terms and conditions of the said download application.
Article 3: General conditions and guarantees
The acceptance of these GTU is materialized by the validation of the specific button during the first access to the Application. This acceptance can only be full. Any membership subject to reservation shall be considered null and void. The User who does not agree to be bound by the present GTU must not access the Application nor use the platform. Users acknowledge that the advertising content, including text, images, graphics, videos (the « Content ») published on the Application is accurate and complies with applicable laws.
Article 4: Registration
Membership to the Site and the Application is free; it is only open to individuals (and not to companies or other commercial entities). The User must provide QARYB with all the information indicated as mandatory such as name, first name, age, city, country and email. Any incomplete registration will not be validated. Registration automatically leads to the opening of an Account in the name of the User, giving him access to a personal space (hereinafter: the « Personal Space ») which allows him to manage his Account (deposit and/or benefit from other Users’ advertisements). The User is solely responsible for the accuracy of the information he provides to QARYB, which can in particular be used when meeting Users on the QARYB platform. For the sake of transparency, of confidence improvement, or of fraud prevention or detection, QARYB reserves the right to carry out any verification and to ask the User to provide it with any useful document necessary to justify the information provided during registration. QARYB notifies the User of the acceptance or refusal of its Account validation request by email. The User agrees to use his Account personally and not to allow any third party to use it in his place, unless he bears full responsibility for it. The User is responsible for maintaining the confidentiality of his username and of his password. He must immediately contact QARYB using the contact details mentioned in article 17 above in the event of his Account being used without his knowledge or should it is likely to be used. The User recognizes that QARYB has the right to take all appropriate measures in such a case. QARYB reserves the right to suspend, block or delete, temporarily or permanently, any User Account when it deems necessary.
Article 5: Description of the Services
The User has access to Services published by other Users, under a form and under the functionalities and technical means that QARYB may deems the most appropriate.
5.1 Users linking
Users wishing to publish an advertisement (offer or demand), or benefit from those published by others (hereinafter: the « Operation »), must connect to the Application. The User who wishes to carry out an Operation via the platform must communicate its geolocation data to allow connection with the other Users. As an exchange platform and for the linking of different Users in order to offer goods and/or services, QARYB reserves the right to cancel, block and even declare any Operations it deems illegal or not in accordance with applicable law and according to its capacity as well as according to the means and information it has. Users can report/block using the report button provided to them by the application: Other Users for reasons of disrespect, harassment or use of false accounts. Users who violate the rules of the application and/or the philosophy of carpooling (ref. 7.1). A publication for the reasons of nudity/ pornography, call to violence, hate speech or any other publications attacking human dignity. Also, Users can evaluate the profile of another User to share their positive or negative experience in order to allow the community to knowingly choose the User offering the best Services.
5.2 Price and validation
QARYB does not intervene in any way in the determination or control of prices relating to Operations proposed by Users. The prices are mutually agreed and can be negotiated using the messaging service provided by QARYB. An agreement between two Users can be concluded by all possible means, but must be materialized on the messaging space by pressing the appropriate button according to which the agreement will be offered, and which becomes effective after mutual validation of the two parties. If the Users accept the price, and the Operation is validated, the advertisement will be deactivated automatically in accordance with the automatic validation system developed by QARYB in order to deactivate the advertisements subject to an agreement validated by the two Users. In the event of disagreement between the two parties, the Users may cancel the agreement from their Account, after which the advertisement will again be published and visible to other Users.
Article 6: User’s obligations
Without prejudice to the other obligations set forth herein, the User undertakes to comply with the following obligations: The User agrees, in his use of the Services, to abide by the laws and regulations in force and not to infringe the rights of third parties or public order. The User is solely responsible for his use of the Services and in particular of the relations that he may establish with other Users and the information that he communicates to them within the framework of the Services. He shall exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy. The User undertakes to provide QARYB with all the information necessary for the proper performance of the Services. More generally, the User undertakes to actively cooperate with QARYB for the proper performance of these GTU. The User guarantees that all the information he provides when registering or requesting Account validation is accurate, up-to-date and sincere and is not misleading. The User also guarantees that he do not infringe the rights of third parties, in particular personal rights and intellectual property rights. He undertakes to update his information in his Personal Space in the event of modifications, so that it always corresponds to the above mentioned criteria. The User is informed and accepts that the information communicated for the purpose of creating or updating its Account serves as a proof of its identity. The information entered by the User commits him upon validation. In particular, the User accepts that his information can be verified.
Article 7: Carpooling Operations
7.1 General Frame
As part of the Operations processed on its platform, the Application allows non-professional drivers to be linked with passengers, in order to make carpooling trips. It offers a means of contacting Users whose timetables and routes coincide in order to organize their trip, and to choose if necessary to organize this trip, after an agreement between them. The application allows Users to organize themselves before their journey to define the most suitable route, meeting and crossing points. As such, QARYB specifies that: QARYB is not a PHV « Private-Hire Vehicle » company; It is the Users who set the price of transport, while respecting the philosophy of carpooling, namely the sharing of fuel costs; Users do not have the right to make profit in the context of carpooling Operations, or it would be sanctioned by the exclusion from the application; QARYB is not liable for any damage that may appear following a carpooling Operation, and preserves its position as an application only offering a free platform of exchange between different Users.
7.2 Specific rights and obligations to carpooling operations
Passengers who have validated a journey request and have been informed of the selection of a driver to carry it out, undertake to present themselves at the departure address or, in the event of cancellation, to inform the driver by any useful means, as soon as possible and vice versa in case of cancellation from the driver. Passengers are required to pay the driver the final price in accordance with these GTU (ref. 7.1). The Driver or Passenger has the right to ensure that the identity of the second party effectively corresponds to the identity that has been communicated to him via the platform. In the event of non-compliance, the first party reserves the right to refuse the trip notwithstanding any prior commitment.
Article 8: Apartment sharing application
8.1 Object and scope of application
QARYB (hereinafter the “Platform”) allows in particular a connection between individuals wishing to carry out a common rental and more specifically to share together an accommodation. This Platform will allow Users to find roommates electronically in order to share an accommodation in a specific country and near a desired location, thanks to the features made available to them on the Platform.
The access to the “Flat sharing” space allows, through the Platform:
- To use a large and diversified search engine based on the ads published, with criteria of date, type of accommodation, budget and location sought in a country;
- To have a space for exchanging messages and transmitting documents and information between Users.
8.2 Obligations of the Users for flat sharing operations
Users (tenants and/or advertisers) are solely responsible for the content they publish or consult online; they must ensure that all information communicated on the Platform remains correct.
In the event of a request for a visit, a reservation or any other contact with an advertiser chosen via the Platform, the two parties undertake to exchange and finalize between them exclusively, outside the Platform, any additional information and agreements, namely in particular the reservation or the signing of the rental contract, or the payment.
8.3 Responsibility and security on the Platform
It is also important to clarify for the Platform Users that no commission is requested by the Platform, regardless of the completion status of the operation, whether successful or canceled. The services of the Platform are limited to connecting individuals.
As such, QARYB shall in no event be held liable for facts related to:
- The reliability of the identities, messages and contents of the two parties;
- The quality, assurance, and reception of the leased property;
- The negotiation, termination or invalidity of the contract;
- Any incorrect or false information provided by the parties;
- Any violation relating to the disclosure of personal or financial data, or any other type of violation;
- The will, the consent or the good faith of the Users;
- Any promise, guarantee, methods and terms of payment or reimbursement;
- The confidentiality of usernames and passwords allowing access to the Platform;
- Legal monitoring, or related to risks or disputes between Users on or outside the Platform.
Therefore, by using the Platform, Users declare that they fully accept these GCU to which they must abide by in order to register. Both parties declare and therefore acknowledge having read and understood the provisions of these GCU. At any time, if they disagree with any of the clauses of the GCU, they can immediately end their use of the Platform and associated services by deleting their accounts.
In any event, QARYB shall not be held responsible for any improper use by a User of the Platform, i.e. under conditions that do not comply with the terms set forth herein.
More particularly, QARYB cannot guarantee the User of the Platform as to:
- Problems with the speed of access to the Application and/or the speed of buffering of the User's computer for the videos accessible on the Application that the User is likely to encounter;
- The quality of the texts, information, descriptions and photographs attached to the flat sharing advertisements published by the User and accessible through its Platform.
QARYB shall not be held liable for any default related to the level of information and/or service offered on the Platform, and Users accept that the use of this information and services is carried out under their sole and full responsibility, control and direction.
Article 9: Operation of Services
The QARYB exchange Platform also allows the connection of different Users for the provision or the exchange of services, which realization is made by the sole agreement between them without the intervention of QARYB.
The services that can be offered on the Platform must comply with the rules of ethics and shall fully comply with the law. In the event of publication of advertisements offering illegal services, QARYB reserves the right to delete said advertisements and immediately suspend the account of the User responsible for this publication.
Any type of service that a neighbor can sell to another neighbor can be offered on the Platform, such as house maintenance and housework, small gardening jobs, small DIY services, plumbing, childcare at home, computer and Internet assistance at home, various repairs, home delivery, etc.
The following is however mandatory:
- the advertisement shall not contain any false statements or statements likely to mislead the reader;
- the services offered and the information exchanged shall not be contrary to the law, to good morals or be likely to cause a disturbance to public order or to shock the members of the Platform;
- the ads shall properly describe the service offered, sought or exchanged;
- old advertisement shall be deleted before inserting a new one relating to the same provision of services.
Article 10: Meal services
Through this section, Users can offer and upload one or more meals (breakfast, lunch, afternoon tea, dinner - hereinafter the “Meals”), or quite simply a dish of their choice on the Platform, which will then be accessible to all other Platform Users wishing to use this service.
The User undertakes to provide the most complete information possible to other Users in order to allow Users to enlighten their consent and determine whether or not to reserve the proposed Meal.
QARYB reserves the right to suspend or remove the publication of any Meal proposal that does not meet the requirements of QARYB's quality and seriousness standards.
The User has the option of accepting or refusing Meal reservation requests that he organizes, without any justification. The User must not however practice any discrimination relating to, in particular, surname or first name, sex, age, nationality, race, religion, disability, sexual orientation, profession, etc.
Acceptance or rejection of the order must be confirmed on the Platform by the User offering the service no later than 24 hours before the date scheduled for the delivery of the Meal.
QARYB can in no way be considered as the organizer of Meals in the frame of its services to connect QARYB Users, in particular with regard to the date, place and/or mode of delivery of the Meals.
QARYB cannot guarantee that the Meals organized by the User will satisfy other Users who have requested this service. Likewise, QARYB cannot guarantee the User that a reservation will not be canceled by the other requesting User or that the latter will not make a complaint following the Meals served.
The User freely sets the price of his Meal by mutual agreement with the other User. QARYB will not receive any intermediation commission from the Users in regards to its connection service through the QARYB Platform.
Article 11: Proposition of Products
The products offered for sale by the Users are articles and accessories of all kinds and of various brands as well as DIY creations (hereinafter the “Products”). The Products offered must be photographed, described and presented with the greatest possible accuracy.
The Products must abide by all applicable laws.
The prices of the Products are determined by the User who displays them on the Platform, without any intervention by QARYB.
Only the Products displayed on the Platform at the time of the User's order are available for sale over the Internet and may be the subject of a purchase. All return, refund, handover or exchange procedures are handled outside the responsibility of QARYB, and Users are solely responsible for the completion of these procedures.
QARYB does not edit nor control the sites whose links appear on its Platform and therefore, QARYB cannot be responsible for their content, products, advertising or for all the elements or services they present.
Article 12: Sharing of knowledge
Users can offer and request on the QARYB Platform all types of services mainly relating to the exchange of knowledge, personalized coaching, home tutoring lessons, learning, sports lessons, music lessons, time management, e-commerce training, writing CVs (curriculum vitae), sharing job search techniques, etc.; and in a more general way all services which purpose is the sharing of knowledge or the training of other Users.
The User-advertiser defines his availability and makes course proposals according to the amount of remuneration he expects in exchange for him providing the services to the benefit of other Users.
The User-Advertiser is free to carry out the educational Services with his own methodology as long as the User-beneficiary expresses his satisfaction by any means. If QARYB wishes to set up specific educational methods to be followed, the User-Advertiser undertakes to implement them during his services. If the User-advertiser refuses to adapt his methodology, he may be asked to stop the Services he offers.
The remuneration for the service and the payment terms are agreed between the Users without the intervention of QARYB.
Users declare that they know and accept the characteristics and limits of telecommunications, electronic communications and Internet networks and services. It is up to each User to take all appropriate measures to protect their own data and/or computer programs from any kind from contamination by any viruses generated by the publication of the advertisements.
Article 13: User’s warranty
The User warranty QARYB against any and all complaints, claims, actions and/or proceedings that QARYB may suffer as a result of the violation by the User of any of its obligations or warrantees under these GTU. He undertakes to indemnify QARYB for any damage suffered by it and to pay QARYB all costs, charges and/or convictions that it may have to bear as a result.
Article 14: Prohibited behaviors
The use of the Services for the following purposes is strictly prohibited:
- the exercise of illegal or fraudulent activities or of activities which infringe the rights or security of third parties,
- the breach of public order or the violation of laws and regulations in force,
- intrusion into the computer system of a third party or any other activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, or to violate its integrity or security,
- The assistance or incitement, in any form and in any way, to one or more of the acts and activities described above.
And more generally any malevolent use of the Services for purposes other than those for which they were designed. The following are also strictly prohibited:
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services.
- all intrusions or attempted intrusions into QARYB systems.
- any misappropriation of the system resources from the Application or the Site.
- all breaches of security and authentication measures.
Activité 15: Liability and warranties of QARYB
QARYB undertakes to provide an electronic exchange space on which Users can exchange goods or services, independently of QARYB, and in compliance with the laws in force as well as these GTU. QARYB does not provide transportation or logistics services and does not act as a carrier. The carpooling service is provided by independent third-party providers who are not employed by QARYB or any of its affiliates. QARYB only acts as an exchange platform in that it provides passengers and drivers with technical tools and means enabling them to get in touch for the purposes of transport between individuals. Its liability is limited to the provision of these means as described herein, and to connecting passengers and drivers with Users in a broader sense. QARYB acts in its personal name and does not execute any legal act in the name and on behalf of the Users, who agree to carry out Operations and execute them directly between them. QARYB is not a party to the relations between the different Users and does not intervene in the Services, their quality, their security, their location, their payment or their schedules. QARYB cannot in any case see its responsibility engaged in respect of difficulties that may arise during the conclusion or execution of the Services, nor be a party to any possible disputes whatsoever between Users related in particular to warrantees, declarations and other obligations to which Users would be bound. QARYB does not in any way guarantee the accuracy of the geolocation carried out through the Application, which only targets basic localization actions. It is up to Users to check and correct their location if necessary and, in the case of passengers, to provide their departure and arrival addresses precisely. QARYB declines all responsibility in the event of any loss of the information accessible in the Personal Space of the User. The user shall save a copy and shall not be able to claim any compensation in this respect. QARYB undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. As such, QARYB reserves the right to temporarily interrupt access to the Application for maintenance reasons. Likewise, QARYB cannot be held responsible for temporary difficulties or impossibilities of access to the Application which arise from circumstances external to it, from force majeure, or which are due to disturbances in the telecommunications networks. QARYB reserves the right to refuse access to the Services available on the Application, unilaterally and without prior notification, to any User not complying with these GTU. QARYB implements all reasonable means at its disposal to ensure quality access to the Services, but is under no obligation to do so. QARYB cannot, furthermore, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or impair access to the Services. QARYB reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Services, in order to ensure maintenance or for any other reason, without such interruption giving rise to any rights or obligation to compensation.
Article 16: Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by QARYB within the Application and the Site are protected by all intellectual property rights or producers of databases rights in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of QARYB are strictly prohibited and may be subject to legal proceedings. It is prohibited to modify, copy or reproduce this content without the written and explicit consent from QARYB.
Article 17: Personal data
The main purpose of the personal data collection is to provide you with a secure, optimal, efficient and personalized experience. You agree that we may use your personal data and in particular to:
- put in contact the different Users of the platform;
- prevent, detect and investigate all potentially prohibited or illegal activities, and enforce our GTU;
- personalize, evaluate and improve the functioning of the Application, the content and the advertising;
- inform you about our services and those of other companies with targeted marketing, service updates and promotional offers transmitted through the advertising content displayed on the Application;
QARYB may disclose your personal data, such as your identity, IP address, email address or telephone number to comply with legal obligations, to apply these GTU, to respond to complaints related to an advertisement or Content in violation of the rights of other Users, or to preserve the rights, property or safety of anyone. Your password is the access key to your Account. Use unique numbers, letters and special characters, and do not share your password with anyone. If you share your password or personal information with others, keep in mind that you are responsible for all actions performed from your Account. If you lose control of your password, you risk losing control of a large part of your personal data and your legal responsibility is engaged for any action carried out on your behalf. Therefore, if the confidentiality of your password has been compromised for any reason whatsoever, you must immediately notify QARYB and change your password. In accordance with law 09-08 promulgated by Dahir 1-09-15 of February 18, 2009 relating to the protection of individuals with regard to the processing of personal data, you have a right of access, rectification and opposition towards data relating to your personal information. You can exercise it by e-mail at the address mentioned in Article 17. You can also, for legitimate reasons, refuse the processing of your data. This processing was notified and authorized by the CNDP by the processing declaration n ° D-GC-158/2016. Following your request, we will close your account and remove your personal data from the public part of the Site as quickly as possible, depending on the activities of your Account and in accordance with the applicable legal provisions.
Article 18: Publicity
QARYB reserves the right to insert anywhere in the Application or on any page of the Site any advertising or promotional messages in a form and under conditions for which QARYB will be the sole judge.
Article 19: Links and third-parties websites
QARYB can in no way be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the User would access via the Application or the Site. QARYB shall bear no responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, for which it is reminded that they are governed by their own conditions of use. QARYB is not responsible either for Operations between the User and any advertiser, professional or trader (including any partners) to which the User is directed through the Application or the Site and cannot in any case be a party to any possible litigation whether with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
Article 20: Duration of the Services, un-subscription
The QARYB platform is subscribed for an indefinite period of time. The User can unsubscribe from the platform at any time, by deleting his account.
Article 21: Modifications
QARYB reserves the right to modify these GTU at any time. The User will be informed of these modifications by any useful means. The User who does not accept the modified GTU must unsubscribe from the platform in accordance with the modalities provided for in article 16. Any User using the platform after the entry into force of the modified GTU shall be deemed to have accepted these modifications. Should any part of the GTU be illegal, invalid or unenforceable for whatever reason, the provisions in question will be deemed unwritten, without questionning the validity of the other provisions which will continue to apply between Users and QARYB.
Article 22: Legal notices regarding the company
The Application and the Site are operated by QARYB:
- Registered to the Commercial Register of Rabat under n° 42959;
- Tax ID: 14481380;
- ICE: 000009996000059;
- Email address: firstname.lastname@example.org;
Article 23: Competent court
In case of dispute, exclusive jurisdiction is given to the competent commercial court of Rabat.
Article 24: Effectiveness
The present GTU shall come into force the 1st of February 2020.