Terms of Service

Terms of Service

Article 1: object

The purpose of these “General Conditions of Use” is to provide a legal framework for the terms of provision of the services of the  Smartworks Agency  site and their use by the “User”.

The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies acceptance of these general conditions of use.

Possibly :

  • In the event of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site.
  • Smartworks Agency reserves the right to unilaterally modify the content of these general conditions of use at any time.

Article 2: Legal notices

Smartworks Sarlu , operating under the trade name “ Smartworks Agency ”

  • Company with capital of 1,000,000 Ariary
  • Registered in the Trade and Companies Register under registration number 2022B00039 dated 10/18/2022
  • Tax identification number (NIF): 4012016471
  • Statistical number (Stat): 62011 12 2022 0 01081
  • Head office: Tomboarivo Mahafaly, Lot 0514C 910, Antsirabe 110, Madagascar

This site is hosted by Tranokala™ , a subsidiary of 3AS Company®

  • NIF: 2004034313
  • STAT: 62011 11 2020 0 10465
  • Head office: VI 30 Ambatovinaky, Antananarivo 101, Madagascar

Article 3: Definitions

The purpose of this clause is to define the various essential terms of the contract:

  • User: this term designates any person who uses the site or one of the services offered by the site.
  • User content: this is the data transmitted by the User within the site.
  • Member: the User becomes a member when he is identified on the site.
  • Username and password: this is all the information necessary to identify a User on the site. The username and password allow the User to access services reserved for members of the site. The password is confidential.

Article 4: Intellectual property

The brands, logos, signs and any other content of the site are subject to protection by the Intellectual Property Code and more particularly by copyright.

The User requests prior authorization from the site for any reproduction, publication and copy of the various contents.

The User undertakes to use the contents of the site in a strictly private context. Use of the contents for commercial purposes is strictly prohibited.

Any content posted online by the User is their sole responsibility. The user undertakes not to post content online that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.

User content may be deleted or modified by the site at any time and for any reason.

The User does not receive any justification or notification prior to the deletion or modification of User content.

Article 5: Personal data

The information requested when registering on the site is necessary and mandatory for the creation of the User’s account. In particular, the email address may be used by the site for the administration, management and operation of the service.

The site ensures that the User collects and processes personal information while respecting privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

Under articles 48 and following of law n°2018-1125 of December 12, 2018 applicable to June 1, 2019, the User has a right of access, rectification, deletion and opposition of his personal data . The User exercises this right via:

  • His personal space;
  • A contact form;
  • Email to contact@smartworksmdg.com
  • Postal mail to the address: Lot 0514C 910, Antsirabe 110, Madagascar.

Article 6: Liability and force majeure

The sources of information published on the site are deemed reliable. However, the site reserves the right to not guarantee the reliability of the sources. The information given on the site is purely informative. Thus, the User alone assumes full responsibility for the use of the information and content of this site.

The User ensures to keep his password secret. Any disclosure of the password, whatever its form, is prohibited.

The User assumes the risks associated with the use of his username and password. The site declines all responsibility.

Any use of the service by the User directly or indirectly resulting in damage must be compensated for by the site.

An optimal guarantee of the security and confidentiality of the data transmitted is not ensured by the site. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of data.

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

Article 7: Price

Prices are those which appear on the relevant pages of the site (unless there is an obvious error). Prices are subject to change at any time. We may change our prices at any time by posting the new prices on the Site. All prices include VAT and/or sales tax unless otherwise stated.

Article 8: Termination of this Agreement

You may terminate this Agreement at any time by deleting your account through the Site or App and destroying all content and other materials obtained from the Site (and all related copies and installations, whether under the terms of of this Agreement or otherwise). Smartworks Agency may terminate this Agreement at any time if, in our sole discretion, we believe that you may have failed to comply with (or have acted in a manner which indicates that you are unwilling or unable to comply with) any term , or if we are legally required to do so by law, or if continuing the agreement may no longer be commercially viable.

Article 9: Hypertext links

Numerous outgoing hypertext links are present on the site, however, the web pages where these links lead in no way engage the responsibility of Smartworks Sarlu which does not have control of these links.

The User therefore undertakes not to hold the site responsible for the content and resources relating to these outgoing hypertext links.

Article 10: Modification of the conditions of use

Smartworks Agency reserves the right to modify, at any time and without notice, these conditions of use in order to adapt them to changes to the site and/or its operation.

Article 11: Applicable law and jurisdiction

Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of a possible dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.

For any questions relating to these conditions of use of the site, you can write to us at the following address: contact@smartworksmdg.com

Article 12: Contact us

For inquiries regarding the Services, please contact us at the contact address on our site. We will respond to you within 30 days, more or less depending on the importance of the requests.