Article 1 - Identification
NATIVYS FZCO, a Free zone company with a capital of 100 000 AED, whose registered office is located at Oman Silicon Oasis, DDP, Building A2, Oman, United Arab Emirates, registered under the license no. 12299 in the IFZA Oman area within Oman Silicon Oasis (” IFZA Oman”).
NATIVYS is the owner of the Platform who is hosted by PlanetHoster.
Article 2 - Definitions
As used herein, the terms below shall have the meanings set forth herein:
Application: refers to the mobile application available on Android and iOS that enables the connection between Customers and Providers. NATIVYS is the owner of the Application.
Article 3 - Purpose
The Service allows the connection between Providers offering their services and Clients. Customers may make a reservation online and, in certain cases, pay for the service online. The purpose of these GTC is to define the conditions of registration and use of the Service for Customers as well as the conditions under which NATIVYS manages the Service. In this respect, NATIVYS stresses that the fact that the Services are free of charge does not imply any transfer, whether in return for payment or free of charge, of the Customers' personal data. For more information on the management of the Customer's personal data, please refer to Article 11 of these GTC. The GCU must be respected by all Customers. They must be accepted before any account creation, by checking the box provided for this purpose. If you do not agree to these TOU, you may not use the Service. NATIVYS acts solely as an intermediary between Customers and Service Providers. As such, NATIVYS is in no way a party to the contract between the Provider and the Customer. NATIVYS is not responsible for the contractual relationship between the Customer and the Service Provider or for the consequences thereof. These GTCs shall be contractually binding on the Customer and NATIVYS.
Article 4 - Access to the Site
Access to the Site requires the Service Provider to have Internet access. All costs necessary for the equipment and the connection to the Internet are at the User's entire expense. The User declares that he/she is aware of the characteristics and limits of the Internet described below:
Article 5 - Registration
5.1) Duty to inform
The User acknowledges that he/she has checked the suitability of the Service for his/her needs and that he/she has received all the information and advice he/she needed to register in full knowledge of the facts.
5.2) Duration
Registration to the Service is valid for an indefinite period of time, the Customer being able to terminate the use of the Site whenever he wishes. The Parties are bound by these terms and conditions as of the date of their acceptance by the Customer, when creating his account.
5.3) Registration
In order to create an account, the customer must have the capacity to contract (major, capable). He acknowledges registering in his name and for his personal account. The registration to the Service is made directly by the User. When creating an account, the Customer must provide the following information:
The User certifies that the information concerning him/her is accurate and undertakes to keep it up to date via his/her account. He validates the GTU. The requested information is mandatory and allows the Provider to have all the information on the identity of its customer. The account can only be used by the registered User. The access to the account is done by means of identifiers and passwords which are strictly personal and confidential. The User agrees to keep them secret and not to disclose them. At the time of the first use, a code will be transmitted to the User by SMS. This code will validate the creation of the User's account. In the event of loss or theft of the User ID or password, the User must notify NATIVYS without delay.
5.4) Online payment functionality
Some Providers allow you to pay for the service directly online. This is done through the service offered by Payzone, in its capacity as NATIVYS' Subcontractor. In the event of online payment by the User, the latter must communicate his/her bank details, which will be processed by NATIVYS and Payzone, for the sole purpose of managing the payment of the service booked.
Article 6 - Obligations of the User
6.1) Use of the Service
The Customer agrees not to use the Service for any purpose other than those specified in these TOU, and in particular not to use it for professional or commercial purposes.
The Service offers a search engine to find professionals by type of service and by geographical area. Once the Professional is selected, the Customer chooses a service, then a reservation slot for the selected service.
At the time of booking, if the option is available for the selected Provider, the payment of the Service will be made online, in accordance with the General Terms and Conditions of Service provided by the Provider. Payment will only be debited upon completion of the Service, or in the event of no-show or cancellation beyond the cancellation period as defined by the Provider. If online payment is not possible, payment is made directly to the Provider on the day of the Service.
If the Customer is unable to attend the appointment, it is possible to cancel the reservation, under the conditions provided by the General Conditions of Service of the Provider.
6.2) Payment of the service
The Service is only a means of establishing contact between Users. Neither NATIVYS nor its Subcontractors are involved in the contractual relationship between the Customer and the Service Provider. The price of the Service is therefore set by the Provider. The price of the Service shall be paid by the Customer:
The order being a remote order, the Customer benefits from a right of retraction during a 14 days deadline. This right disappears once the service has taken place, if it takes place within this period of fourteen (14) days.
To benefit from the right of withdrawal, the Customer must send to the Provider by e-mail the withdrawal form. His order, if already paid, will be refunded within a maximum of 14 days. Any other cancellation or modification of the order will be subject to the General Terms and Conditions of Service of the Provider.
6.3 Liability during the provision of services
The Customer agrees to honor his commitment to attend the appointment, and acknowledges that if he fails to do so, he may be charged a fee. In case of no-show, the Client will not be reimbursed for any fees already paid. The Client is solely responsible for his behavior during the performance of the Service. It is the Client's responsibility to be present and punctual for the appointment with the Provider. As an intermediary between the Customer and the Service Provider, NATIVYS shall not be held responsible for any fact or event occurring during the performance of the service.
6.4 Respect for the property rights of NATIVYS
Unless otherwise stated, the elements accessible on the Site such as databases, management tools, texts and more generally all information made available to the User are the full, complete and exclusive property of NATIVYS. The User agrees not to:
6.5) Responsibility
Failure by the User to comply with the above points shall entitle NATIVYS to close the User's account without prior notice or any compensation or indemnity. If several complaints from the Service Providers concern the Customer (late arrival, no-show, etc.), the Customer shall be informed thereof. NATIVYS reserves the right to restrict access to the Service for the User. NATIVYS reserves the right to take legal action against the User.
Article 7 - Responsibility of NATIVYS
NATIVYS does not guarantee the uninterrupted availability of the Platform and the service.
NATIVYS shall use its best efforts to provide the Service in a reliable and continuous manner, but cannot guarantee that it will function without any technical problems. The Service Provider acknowledges that no one can guarantee the proper functioning of the Internet network.
NATIVYS undertakes to take all reasonable security measures to ensure the protection of the Site and the Application and to secure access thereto.
The User undertakes to inform NATIVYS within twenty-four (24) hours of the discovery of a technical malfunction preventing it from accessing or using the Service normally.
NATIVYS does not warrant that the Service will be free of defects or errors, or that defects or errors can be corrected.
The User is aware of the inherent limitations of the Internet and uses the Service at his own risk.
In particular, the User is requested to back up his or her data, as NATIVYS cannot be held responsible for any loss of data.
Since access to the Service is free of charge for the Customer, the Customer undertakes not to claim any compensation or damages from NATIVYS or the Service Provider in the event of interruption or stoppage of the service, whether temporary or permanent.
In general, NATIVYS shall not be held liable for any damage caused by an act of God, by the Customer or by a third party, nor for any indirect and/or unforeseeable damage. For services, the Service made available to Users is only an intermediary.
NATIVYS shall not be held liable for any event detrimental to the User in connection with the performance or non-performance of the service ordered.
Article 8 - Collection and processing of notices
All reviews posted on the Site or the Application are genuine and verified.
8.1) Collection of reviews
The day after the service is provided by a Provider, the Customer receives an email inviting him/her to leave a review within seven days following the service. The review can also be left directly on the "Manage my appointments" space of the Website or the Application. Once the Customer has left a review on the service, the Provider has seven days to moderate it. As long as the review has not been moderated, the Customer is able to modify it on the "Manage my appointments" space of the Website.
8.2) Moderation of reviews
The Provider concerned by the notice is entitled to accept or refuse such notice within seven days (see the list of grounds for refusal authorized by NATIVYS). The Provider may also respond to the notice left by the Customer. The accepted notice (as well as the Provider's possible response) will be published instantly on the Provider's NATIVYS page, and will also be available for consultation in the "Manage my appointments" space of the Website or the Application. In case of rejection of the notice, the Customer will receive an e-mail indicating the reason for the rejection. The notice will not be published but will be available on the "Manage my appointments" space of the site, as well as the reason for refusal. After seven days, if the Provider has not moderated the Customer's review, this review is automatically moderated.
8.3) List of reasons for refusing a review
The list of reasons for denial is as follows:
Article 9 - Cancellation
The Customer may request NATIVYS to delete the Customer's account, just as NATIVYS may cease to provide the Service without notice or decide for any of the foregoing reasons to suspend the Customer's account without having to pay any compensation or damages.
The Customer may request the deletion of his account at contact@NATIVYS.com in which case his data will be completely deleted within a period of 1 month, without any subsequent possibility of recovering them.
Article 10 - Transfer
The User expressly refrains from transferring, whether in return for payment or free of charge, all or part of the rights and obligations it holds under this Agreement.
The Customer undertakes to book services only for his own account.
It is forbidden to transfer, free of charge or against payment, a service booked through the Service offered by NATIVYS.
Article 11 - Protection of personal data
11.1) Personal data collected
Personal Information" is any information that can directly or indirectly identify you. In other words, it is all the identifying information that you voluntarily provide to us when opening a user account on our service or that will be collected as part of your use of our Site (for example, your name, telephone number or your IP address).
NATIVYS acts as a Subcontractor of the Service Provider for the personal data collected in the context of appointment management and customer relations.
For all other processing, NATIVYS acts as a data controller. In this capacity, we undertake, within the framework of our activities, to comply with the provisions of the Act n° 09-08 The personal data requested from the User are necessary for the proper functioning of the Platform and the provision of the service offered by NATIVYS, and to carry out a lawful, fair and transparent treatment of your Personal Data. Moreover, our Service is likely to set up an automatic tracking process to which you can object by modifying the parameters of your Internet browser. The information about you that may be collected in this way (for example, the pages visited, the time and date of navigation) is used for the sole purpose of improving the quality of the Service.
11.2) Purposes of the processing
Your Personal Data is processed only for the purposes set out in this article. Thus, NATIVYS uses your Personal Data:
11.3) Recipients of the data
NATIVYS s’engage à ne pas céder ou partager, à titre gratuit ou onéreux, vos Données Personnelles avec des tiers sans votre autorisation préalable. Les destinataires des Données sont le Prestataire, le personnel habilité de NATIVYS et ses éventuels Sous-traitants habilités.
Your Personal Data may only be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority.
11.4) Data security
In accordance with the Data Protection Act, NATIVYS implements all appropriate measures to limit the risks of loss, deterioration or misuse of your Personal Data.
In order to contribute to the security of your Personal Information, please choose a sufficiently protective password when registering for our Service. Under the Terms of Service to which you have agreed, you are solely responsible for maintaining the confidentiality of your password and its use.
11.5) Data retention
Your Personal Information is stored on our servers and is kept for the time strictly necessary to use your account. Once you deactivate or delete your account, the associated information and Personal Data will be kept for a period of three months. After this period of one year, this information and Personal Data will be deleted from our servers.
Your Personal Data will not be retained beyond 36 months after your last connection to the Service, unless a longer retention period applies pursuant to a legal obligation to which NATIVYS is subject.
11.6) Your Rights
Your Personal Data can be accessed and modified at any time online via your personal space.
In accordance with the French Data Protection Act, you have the right to access, rectify, update, portability, delete, and oppose the processing of your Personal Data as well as the right to define directives concerning the fate of your data after your death.
Any request to exercise one of these rights can be sent by e-mail to contact@NATIVYS.com, and/or by mail to the following address NATIVYS 38 Rue 32 Lotissement Oued Fès, 30090 Fès.
In the event of any dispute, you also have the right to lodge a complaint with a supervisory authority, or through the portal www.khidmat-almostahlik.ma
11.7) cookies
You can configure your browser at any time so that our cookies or those of third parties are allowed or not, punctually or permanently.
The Site and Application use traditional technologies such as cookies and other similar tools, including web server logs, beacons, web beacons, local storage, device identifiers and tracking IDs (collectively, "cookies").
They are used to optimize your user experience, improve our site and provide personalized offers on NATIVYS.
Strictly necessary cookies These cookies are necessary for the website to function and cannot be deactivated; the Service cannot function properly without them. The User can configure his browser to block or warn of the existence of these cookies, but in this case some parts of the Service will not work.
These cookies are necessary to use the Service, for system administration, to prevent fraudulent acts, to maintain the connection from one page to another or to keep the shopping cart in memory. These cookies do not store any personal data. List of necessary cookies:
Performance Cookies These Cookies allow us to better understand how Users behave on the Site or the Application and their use of the Service. They allow NATIVYS to count visits and traffic sources in order to measure and improve the performance of the Service. All the information that these cookies collect is aggregated and therefore anonymous. If the User does not authorize these cookies, NATIVYS will not be able to measure the audience and improve the performance of the Service.
List of performance cookies :
For example, they may keep track of the country of connection and the language of preference. They may be provided by NATIVYS or by third parties whose services are integrated on the Site or the Application. If the User does not allow these cookies, some or all of these services may not function properly. These cookies cannot track browsing activity on other websites or applications outside the Service. List of cookies functionality: - warningCookieNATIVYS
NATIVYS may use third-party technologies. Technologies are also placed by social media sites for advertising and targeting purposes. These cookies may collect: personally identifiable information such as email address, order number, address; generic, aggregated or anonymized data about the User's visits and how the User uses the Service; or pseudonymized information such as browser cookie ID/code or digital fingerprint of the User's email address to customize and present advertisements on other services.
List of advertising cookies :
Article 12 - General
The nullity of one of the clauses of the GCU in application of a law, a regulation or following a decision of a competent court which has become final shall not entail the nullity of the other clauses of the GCU which shall retain their full effect and scope between the parties. No provision of this Agreement shall be deemed to have been waived, supplemented or modified by either party without a prior written instrument signed by the authorized officers of the parties in the form of an amendment to this Agreement, expressly deciding to waive, supplement or modify a contractual provision.
The fact that NATIVYS does not avail itself at a given time of any of the clauses of this Agreement, and/or of a breach by the User of any of its contractual obligations, shall not be construed as a waiver by NATIVYS of its right to avail itself at a later date of any of the said clauses or contractual obligations.
Article 13 - Governing law
The present GTU are subject to United Arab Emirates law.
Article 14 - Dispute Resolution
The present GTU are governed by and interpreted according to United Arab Emirates law. In case of complaint or dispute, the Customer may contact NATIVYS by email contact@NATIVYS.com. If no solution is found, the User may have recourse to a consumer mediator or to any alternative dispute resolution method with a view to amicably resolving the dispute. The User undertakes to inform NATIVYS without delay of this request. The solution proposed by the mediator, or the mediation platform shall not be binding on the parties. In the absence of an amicable agreement, the dispute shall be submitted to the competent courts under the conditions of common law.