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General Conditions of Use of the African Development Club’s Service

Article 1- Preamble

Attijariwafa bank is a public limited company with a Board of Directors. Its share capital amounts to MAD 2,035,272,260. The company is registered on the Casablanca Trade Register under registration number 333. Its head office is located at 2, Boulevard Moulay Youssef, Casablanca. The company is an approved credit institution by Order No. 2269-03 of 27 Chaoual 1424 (22 December 2003) of the Ministry of Finance and Privatisation, as amended and completed. The company is legally represented by Mr Mohamed El Kettani, its Chairman and Chief Executive Officer.

Consistent with its goal of fostering South-South cooperation, Attijariwafa bank Group offers Subscribers a service named the Africa Development Club.

The Africa Development Club is an online platform providing the services described in Article 4 of this document. The Africa Development Club’s website may be accessed at the following address: www.clubafriquedéveloppement.com.

Editor-in-Chief: Mrs Mouna Kadiri

The website is hosted by NPONE SARL, located at 2 Rue Lakarari, Casablanca.

Members may have access to the full range of services provided by the Africa Development Club, subject to his/her membership being approved by the Club’s Managing Committee.

The Member acknowledges that he/she has acquired all necessary information in relation to the proposed services and accepts these General Conditions of Use without reservation. 

The Bank reserves the right to amend these General Conditions without prior notice. 

Article 2- Definitions

The meaning of each of the terms beginning with a capital letter listed below is defined in this article:

‘General Conditions of Use’ or ‘General Conditions’ refers to this document.

‘Club’ or ‘Africa Development Club’ refers to the Services described in Article 4 of this document. 

‘Bank’ refers to Attijariwafa bank.

‘Website’ refers to the Attijariwafa bank Africa Development Club website which may be accessed at www.clubafriquedéveloppement.com.

‘Service’ refers to one or all of the services provided by the African Development Club to Members.

‘Member’ or ‘Subscriber’ refers to a person whose membership application has been accepted by the Club’s committee and who uses one or more services of the Africa Development Club.

‘Participant’ refers to any person who has been allowed to participate in an event organised by the Bank at the International Africa Development Forum. This person may or may not be a Member of the African Development Club. 

Article 3 – Membership conditions

Any person, who is either a manager or decision maker in a company, who may or may not be an existing customer of Attijariwafa bank Group or otherwise, who has or who wishes to do business overseas and who has existing or potential business interests in Africa may apply for membership. 

Membership applications may be submitted to the Club’s liaison staff within Attijariwafa bank or its subsidiaries. Membership applications may be submitted online. 

Any membership application must be approved by the Club’s Managing Committee to enable a member to access the various services provided by the Club. 

Once the application has been approved, the Member will receive a membership card and his/her account is activated on the Club’s website. 

Memberships are valid for a year. Renewal of membership is subject to the approval of the Club’s Managing Committee. 

Article 4 – Services provided

The Club offers Members four value-added services:

  1. Access to information via the Club’s online platform 
  2. Business links with a variety of stakeholders (project sponsors, investors, customers, suppliers etc.) and participation in B-to-B events organised by the Club 
  3. Participation in business events and forums
  4. The possibility of participating in specialised training programmes

4.1 Information: The Africa Development Club offers its Members access to expert information:

  • Country-specific information: access to country briefings covering the economic context, market profile and business environment (regulatory, fiscal and legal aspects), consumer profiling etc.  
  • Publications providing sector-specific analysis, including macroeconomic reviews, economic indicators, economic outlook reports, financial reports and cultural articles etc. 
  • Invitations to tender: online access to invitations to tender issued by public and private entities in those countries covered.

4.2 Networking: The Africa Development Club offers its Members a networking service and trade missions on request.

  • Preferential terms for participating in the International Africa Development Forum
  • Sector-specific trade missions: Sector-specific seminars with B-to-B meetings between international businesses
  • Exploratory trade missions: Tours to a target country for delegations of business persons who are Club Members. Meetings with trade associations, site visits and B-to-B meetings.
  • B-to-B meetings on request: The Club’s staff handle requests to organise meetings for Members and offer a personalised service for investors. 
  • Virtual community: Members may access a global marketplace consisting of more than 30,000 businesses and investors.
  • An online directory of international businesses, listing the major businesses conducting overseas trade from more than 180 countries. 

4.3 Economic events and forums:

  • The Africa Development Club organises exclusive events for its Members such as economic conferences, theme-based meetings and debates, seminars on country risks and investment opportunities etc. 
  • The Africa Development Club compiles a directory of events that may be accessed online by its Members.

4.4 Training: The Africa Development Club provides training to local and overseas Members.

Members may also browse articles and access online information regarding the Club, its Members and the various events organised via its www.clubafriquedeveloppement.com platform.

The Club reserves the right to amend or change this service if required in order to improve it. 

It also reserves the right to withdraw one or more services without having to inform Members. 

Article 5 – Access to the International Africa Development Forum

5.1. Access to the event and available services

A Participant may only be granted access to the International Africa Development Forum and the available services on condition that his/her application to participate has been approved by the Africa Development Club and that the participation fee has been paid.

It is incumbent on each Participant to complete a pre-registration form for the International Africa Development Forum in its entirety. This may be found on the Club’s website.

During the entire event, the Participant has access to all services provided as part of the International Africa Development Forum, including:

  • Access to the event
  • Access to the plenary sessions 
  • Access to the various theme-based panel discussions
  • Access to the B-to-B meeting area
  • Managing B-to-B meetings with chosen participants
  • Access to the publications via the Club’s electronic platform

5.2 Access denial 

The Bank reserves the right to suspend a Participant’s access to the event if it is in possession of facts that lead it to believe that there has been fraudulent use or an attempt at fraudulent use of its services or that the Participant has given false information concerning his/her identity.  

The Bank shall immediately inform the Member by any means that it chooses, which is expressly accepted by the latter. 

The Bank also reserves the right to suspend access to the Club’s platform on its own initiative, subject to 48 hours’ notice, to update, amend or change its modus operandi, servers, access hours etc. In such a case, the Bank will post a statement on the homepage of the African Development Club’s B-to-B platform, informing Participants that services have been temporarily suspended.

Access to the platform will only be granted for a limited period of time and will lapse at the end of the event.

Article 6 – Membership fee and renewal

6.1 Africa Development Club membership fee

The annual membership fee for accessing the services of the Africa Development Club is MAD 10,000 (ten thousand dirhams) inclusive of tax for Members residing in Morocco and EUR 900 (nine hundred euros) inclusive of tax for Overseas Members. 

Membership is conferred on named persons. Upon payment of the annual membership fees, a named Member will be entitled to access the Club’s Services. 

The membership fee is payable annually in January each year. However, for first-time subscriptions, the annual membership fee is payable on a pro-rata basis.

6.2. Renewal

Membership will be automatically renewed at the contract’s anniversary date unless either party informs the other of cancellation thereof by registered letter with acknowledgement of receipt, giving at least one month notice prior to the end of the said period.

6.3. Entitlement to participate in the International Africa Development Forum

To benefit from the full range of services provided as part of the International Africa Development Forum, a registration fee of EUR 700 or MAD 7,000 inclusive of tax will be charged.

Africa Development Club Members enjoy a preferential rate of EUR 400 or MAD 4,000 inclusive of tax.

It is also possible for Participants to apply to become a Member of the Africa Development Club at the same time as submitting an application to participate in the Forum. This type of application also enjoys a preferential rate of EUR 1,300 or MAD 14,000 inclusive of tax.

Payment of the registration fee is made in the name of a specifically named person and is non-reimbursable. It may be made by domestic or international bank card or wire transfer.

A wire transfer is possible from an Attijariwafa bank subsidiary in Africa, a bank branch in Morocco or by an international SWIFT transfer.

To make a wire transfer, please provide your bank with the following account details:

 

Account number: 007 780 0012027000119600 71

SWIFT code: BCMAMAMC

Account name: CLUB AFRIQUE DEVELOPPEMENT

In the case of a wire transfer, it is incumbent upon the Participant to provide proof of payment via the Club’s online platform.  

Article 7 – Accessing the Africa Development Club website

7.1. Terms and conditions

Members are informed that the website is provided as a state-of-the art service which is accessible 24/7 except in cases of force majeure, information technology breakdowns or issues relating to telecommunication networks or other technical issues.

The Club may need to interrupt access to the website for maintenance and will endeavour to give prior notice to Members. 

The Club reserves the right, at any time, to enhance or amend its Services so as to keep abreast of the latest technological developments. 

Members are responsible for their own internet access (particularly their choice of internet service provider) and for the proper functioning of their IT hardware.

Members are required to bear any additional charges imposed by their service providers. 

Members are advised to ensure that their IT hardware and telecommunications connectivity is up-to-date so as to benefit fully from the services provided by the Club.

7.2. :    Access codes

As soon as membership to the Africa Development Club has been confirmed, the Member will receive an email requesting him/her to validate the account and choose a password enabling him/her to have comprehensive access to the website. 

The Member is solely responsible for keeping his/her ID and password confidential and, as a result, for the consequences of voluntarily or involuntarily disclosing this information to a third party. 

The Member declares that the Bank cannot be held responsible for the safekeeping of a user’s ID and password, which remains his/her personal responsibility. 

                  7.2.1 Changing the password

Password forgotten or lost: If a Member has lost or forgotten his/her password, it is possible for him/her to change the password via the Club’s website. A link will automatically be sent to the Member enabling him/her to change the password. 

Changing the password: If a Member wishes to change his/her password, he/she may do so by first entering the old password and then keying in the new password he/she wishes to use.  

Furthermore, Members are advised against using a password that may be easily detected by a third party such as their first name or date of birth.  They are advised to use a password with 6-8 characters comprising letters, numbers or a combination of both. 

7.3: Using the service 

The African Development Club website has two (2) levels of access:

  • Access open to the general public, limited to pages containing a presentation of the Club and featuring a few events
  • Access for Members who may browse the entire website without restriction and may view and download all available documentation. For this level of access, the Member is required to pay the Club’s annual membership fee.

7.4. :    Access denial 

The Bank reserves the right to suspend access to the Africa Development Club’s services pending a check of a Member’s ID: 

 

  • If it is in possession of facts that lead the Bank to believe that there has been fraudulent use or an attempt at fraudulent use of its services or that the Member has given false information concerning his/her identity. 
  • If the Member has not paid the Club’s annual membership fee.

The Bank shall immediately inform the Member by any means that it chooses, which is expressly accepted by the latter. 

The Bank also reserves the right to suspend access to the Club’s platform on its own initiative, subject to 48 hours’ notice, to update, amend or change its modus operandi, servers, access hours etc. In such a case, the Bank will post a statement on the homepage of the African Development Club’s B-to-B platform, informing Participants that services have been temporarily suspended.

Article 8 – Note to Members 

The Member declares that he/she accepts the characteristics and limitations of the internet and in particular acknowledges that:

  • He/she has an understanding of the character of the internet, particularly its technical performance and the time taken to consult, query or transfer data. 
  • Data circulating on the internet, including confidential data, despite the security measures adopted by the Bank, are not necessarily protected, particularly against hacking, fraudulent or unauthorised use.
  • It is incumbent upon the Member to take all appropriate measures to protect his/her personal data and /or software against contamination by viruses on the internet. 

Furthermore, the Member accepts that should he/she share his/her access code or, more generally, personal or confidential information with a third party, then he/she does this at his/her own risk and peril.  

The Member is deemed to be fully aware of the appropriate rules of conduct (law and equity) while browsing the internet. 

The Member is required to disclose personal data to be able to use the Service.

The Member therefore undertakes to disclose only accurate and lawful information. 

He/she agrees to update the Club regarding any change in this information. 

The Member expressly consents to his/her personal data being collected for this purpose. 

Furthermore, the Member undertakes to provide information that is correct, complete and up-to-date. If the information provided is false, incomplete or out-of-date, the Bank will take the necessary steps to suspend the Member’s access to the website, either temporarily or permanently.  

Article 9 - Responsibility

The Bank endeavours to ensure that the Africa Development Club’s Service functions in the best possible way and that the Services are duly executed with confidentiality of information being maintained. All personal information shared on telecommunications networks is therefore automatically encrypted. 

The Bank cannot be held responsible for fraudulent use or misuse or as a consequence of the Member voluntarily or involuntarily disclosing his/her access code to a third party. Consequently, the Member shall bear the consequences of his/her access codes being manipulated by unauthorised third parties on his/her computer.

The Bank cannot be held responsible for any breach of confidentiality with regard to the Member’s personal information due to use of the Member’s password by a third party unless it is proved that the Bank has been at fault or has been negligent. 

The Member undertakes to not attempt to prevent other Members from using the Service.

The Member undertakes to not engage in any conduct that would undermine the Club or the Bank’s integrity or the security of the website or other Members. 

The website pages consulted by the Member are for information purposes only. The Bank has made every possible effort to update all data and information published on the website. It endeavours to use only reliable sources.

Given the rapidly changing and complex nature of the issues dealt with, the Bank is unable to provide any guarantee as to the accuracy and completeness of the information published on the website. It is for this reason that the Bank rejects all responsibility for any direct or indirect damage incurred by a Member as a result of him/her accessing, consulting or using any information, data and publications published on the website. 

The applicability of the information published on the website depends on specific cases. The information published is no substitute for advice or assistance in very specific situations. The Member is entirely responsible for the choice of information consulted by him/her and for the consequences arising from using the said information.

The Bank cannot be held responsible for any delay in the information provided to it. The Bank cannot be held responsible for the information contained in the publications and on other sites with which the Club has links. 

The Bank cannot be held responsible for any disturbance to use of the website. The Bank cannot be held responsible should the website be temporarily, partially or entirely inaccessible or, more generally, due to any failing. 

The Bank cannot be held responsible for any IT security breaches which could potentially damage the Member’s IT hardware and data. 

The Bank cannot be held responsible for breach of these General Conditions by another Member. 

The Bank reserves the right to take any measures that it deems necessary to prevent or stop any infringement of its copyrights or those of a third party, without being held responsible for having done so. 

The Bank reserves the right to suspend or to not renew the membership of a Club Member.

Article 10 – Intellectual property

These General Conditions do not in any way imply the transfer to the Member of intellectual property rights regarding items belonging to the Bank. 

The Service, website, trademarks, designs, models, images, texts, photos, logos, graphic design, software, search engines, databases and domain names (list not exhaustive) are the exclusive property of the Bank or its partners, subcontractors and authors. 

Any reproduction and/or representation, either partial or complete, of one of these rights, without the express authorisation of the Bank, is strictly prohibited and constitutes a breach and may result in the perpetrator incurring a civil or criminal penalty. 

Consequently, the Member must refrain from any conduct or action which could infringe directly or otherwise on the Bank’s intellectual property rights. 

The Club grants the Member a personal, non-collective and non-exclusive right of use with regard to the content of the Service and the website. This right of use includes the right to reproduce information for storage purposes for viewing on a single-user screen and printing on paper. Sharing content on a network or circulating the information, even partially, is prohibited. This right of use is strictly personal and exclusive to each Member. It cannot be transferred in any way. The Member may use the information made available by the Service to develop his/her own network and business. 

Consequently, the Member shall undertake to:

  • Download the website contents on his/her computer for personal use only and for a limited period of time; 
  • Print the pages downloaded from the website for personal use only. 

Article 11 – Hypertext links

Hypertext links on the website directing users to other resources on the internet with restricted access, particularly those belonging to partners, have been provided with the express authorisation of the publishers of these websites. 

The Bank cannot be held responsible with respect to hypertext links directing users to other sites, particularly with regard to the contents of these sites. 

Links on the Club’s website directing users towards other sites cannot therefore be deemed to be a recommendation or validation of the website or its contents. It is the Member’s responsibility to use his/her discretion and judgment when using the information provided on such sites.

Article 12 – Personal data

12.1 : Personal data

Using this Service requires the collection of Members’ personal data. 

Data collection enables the Bank to manage memberships, provide access to all the Club’s various services, provide members with networking opportunities, manage subscriptions for information letters and reply to questions asked.

The data collected may be used solely by Attijariwafa bank and its Group companies as well as by duly authorised service providers.

Only those persons acting on the Bank’s authority and instructions, including subcontractors (such as web hosting service providers) in carrying out their duties, may access the data.

Any sub-contractor who happens to become aware of personal data is subject to a duty of confidentiality. He/she is strictly forbidden from using the data, either partially or entirely, for his/her own benefit or from passing it on to third parties.

Personal data collected from this website will not at any time be passed on to third parties for commercial purposes. The data collected may however be transferred to other companies within the Attijariwafa bank Group.

Data may only be stored for the period of time required for processing. 

12.2 Declaration to the National Commission for the Control and Protection of Personal Data (CNDP)

In compliance with the provisions of Act No. 09/08 decreed by Dahir 1-09-15 of 18 February 2009 relating to the protection of individuals’ personal data, a declaration must be made to the CNDP (National Commission for the Control and Protection of Personal Data) when personal data is processed.

12.3 Right of access, correction and objection

Pursuant to Act No. 09-08 relating to the protection of individuals with regard to the processing of personal data, the Member has the right to access, correct or object to the processing of personal data in application of Articles 7-9 of the aforementioned Act No. 09-08.

The Member has the right to object his/her personal data being process, providing a legitimate reason is given. However, the Member may not be able to access the website if an objection has been lodged. These rights may be exercised by writing to:

 

ATTIJARIWAFA BANK,

AFRICAN DEVELOPMENT CLUB

2, BD MOULAY YOUSSEF, CASABLANCA

MOROCCO

Or by email to contact@clubafriquedeveloppement.com

Article 13 - Cookies

The Member is informed that while browsing the website, a cookie may be automatically installed on his/her browser and stored temporarily on his/her hard disk.  The use of a cookie does not make it possible to identify the Member but instead record information regarding the Member’s website usage. 

This information is used in order to optimise the website’s security and provide the best possible service. Cookies are therefore used to:

  • Manage personal settings when the Member connects to the secure site
  • Record information on how the Member browses through the website and direct him/her towards more appropriate content 
  • Track the number of visits to the website
  • Appraise the effectiveness of internal promotion campaigns 

Cookies may not under any circumstances be used to analyse personal information about named visitors to the website. 

The Member acknowledges that he/she has been informed about this practice and expressly authorises the Bank to use cookies, without raising any objection or reservation. 

The Member may disable this cookie by changing the browser settings installed on his/her computer (Go to Edit/Preferences in Netscape Navigator 6.2, Tools/Internet Options in Internet Explorer, Tools/Options in Mozilla Firefox and Safari/Security in Apple Safari).

However, the Member and other users of the website are hereby informed that if the browsers installed on their computers are configured to refuse cookies, access to some services may be altered or even impossible. 

Article 14 - Blocking access – Failure to block access

In the event of the theft or loss of access codes, the Member must immediately change his/her access code by logging onto the website.

Should the Member fail to change his/her password, the Bank shall not be held responsible for the potential misuse of the Member’s password by a third party.

Article 15 – Recommendations 

In order to protect the confidentiality of the Member’s requests, the latter is advised to take all necessary measures with regard to his/her IT equipment to either prevent data being stored in the computer’s memory or to delete this data once the Member has finished browsing. 

If the data has been imported into a management software application, the Member is required to take the necessary steps to prohibit access by unauthorised third parties. 

As such, the Subscriber is solely responsible for the risks arising out of the use of his/her terminal by unauthorised third parties. 

Furthermore, it is the Subscriber’s responsibility to take all the necessary measures to protect the data and/or the software stored or downloaded on his/her computer system against viruses or hacking attempts. 

Article 16 – Case of force majeure 

The Bank cannot be held responsible for the non-execution of any of its obligations, particularly in the following cases:

  • When non-execution is due to circumstances beyond the Bank’s control 
  • When the Bank could have reasonably anticipated this mishap or impact or its ability to execute the contract when entered into 
  • When it could not have reasonably avoided or overcome this mishap or at least its impact. 

An mishap, as referred to in this paragraph, may result in any event including the destruction of machines, facilities, boycotts, strikes or lock-outs in any form, occupation of premises, work stoppages, lack of power supply, breakdown of transmission networks or lines, unavailability of systems etc.

Article 17- Cancellation or termination

In the event of a failure to fulfil the obligations specified hereafter, the Bank may legally declare the cancellation of these General Conditions of Use with regard to the Subscriber. 

The Member may also request the Club to terminate his/her membership by sending an email to the address posted on the website and providing confirmation by sending a registered letter with acknowledgement of receipt to the Bank at 2 boulevard Moulay Youssef, marked for the attention of the Africa Development Club team.

It is specified that in the event of termination, the Bank shall retain the annual membership fee. 

Article 18 – Good faith

The Parties agree to act in good faith when fulfilling their obligations.

Article 19 - Titles

In the event of difficulties of interpretation owing to a contradiction between a clause’s title and the clause itself, the title shall be declared non-existent. 

Article 20 - Nullity

If one or more provisions contained in these General Conditions are deemed invalid or declared to be non-valid by application of an act of law or regulation or as a result of a final judgment declared by a competent court, the other provisions shall remain in effect. 

Article 21 – Agreement of proof 

Electronic acceptance of the General Conditions of Use by the Parties has the same probative value as a signed agreement on paper. 

Digitised records will be stored in IT systems with reasonable levels of security and shall be deemed to provide proof of communication between the Parties. 

Contractual documents are archived using a reliable and durable storage medium and may be produced as proof. 

Article 22 - Applicable law and jurisdiction

This contract is governed by Moroccan law. 

Any dispute relating to interpreting or executing these General Conditions of Use will be submitted before the exclusive jurisdiction of the Casablanca Commercial Court.