TERMS & CONDITIONS (“T&Cs”)

1. Publisher

This website is owned and operated by JESA.SA, a simplified joint-stock company with capital of 45000000 Dirhams, registered with RC Registry under no. 223705, having its registered office at Shore 27 Casablanca Nearshore Park 1100 Bd al Qods, Casablanca, Morocco ("JESA", “Organizer”, “we” or “us”). 

Created and hosted by AGORIZE SAS, a simplified joint-stock company with capital of €107,217.90, registered with the Paris Trade and Companies Registry under no. 530 774 439, having its registered office at 15 rue Béranger, 75003 Paris, France. 

 

2. Subject

JESA provides an innovation platform service accessible at www.innohub.jesagroup.com (“Website”), which allows JESA to look for innovative ideas for problems and programs to connect with innovators.

These T&Cs govern your access to and use of the Website and its Services.

By opening an account on the Website, you (the user) must tick a box and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and JESA.

If you wish to participate in a specific Program, you will be asked to review and accept the rules applicable to the specific Program. 

Please read the following carefully. If you do not accept these T&Cs, do not use the Website. We may amend these T&Cs at any time by posting an updated version to this web page and notifying you before the amended T&Cs take effect. 

To improve your user experience, we may also modify, without prior notice, the structure and design of our Website, as well as some Services or content.

 

3. Definitions

In this document,

“Account” means the account that must be created to become a Member and access the Services offered by the Website;

"Brief" means the concise statement of the instructions and guidelines for a Program prepared by JESA;

"Program" means an invitation for proposals to solve a specific problem or program issued by JESA, who may offer an award for the winning Deliverables submitted via the Website by a Member registered to participate in the Program, and in accordance with the Program Rules;

“Program Rules” refers to the rules applicable to a Program and which are binding between JESA and each Program participant. In the event of discrepancies or contradictions with the T&Cs, the Program Rules shall apply; 

“Community” refers to all Members of the Website;

“Deliverables” all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to the Website by Members in response and as a solution to a specific Program;

“Member” means any individual having an Account on the Website;

“Services” means all products, services, content, features, technologies or functions delivered by us via the Website. 

 

4. Opening an Account

A. Conditions

You must be 18 years or older to use our Services, and by opening an Account you declare that you meet this condition. 

You must have authority to bind your business. You confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.

 
B. Creating an Account

The Website allows Members to 

  • view and enroll in Programs 
  • to interact with other Members of JESA through message boards, chat, email and messaging. 

You can view the Briefs and Programs if you are not registered, but you cannot enroll in or participate in a Program without first opening an Account and becoming a Member. 

To create your Account, you must complete the mandatory fields in the registration form (e.g., name, date and place of birth, city, email and password) An Account activation link will be emailed to you; your Account is activated once you click on the link.

To open an Account, you must have read and accepted these T&Cs and our Privacy Notice.

 

C. Accuracy of Account Information
 
Information You agree that your profile Account contains accurate and true information, and that you will update it, as needed.
 
D. Password
 
You are responsible for keeping your Account password confidential. You agree to inform us if there is an unauthorized use of your Account or a security breach, such as loss or theft of your login information. 
 

5. Services

The Website is an online innovation platform on which JESA can create and post Briefs and Programs in which Members can participate, subject to the specific conditions of each Program as set out in the Program Rules.

As a Member:

  • you may access a personalized space on the Website that contains your profile, allows you to view the Programs in which you have enrolled, and to communicate and exchange messages, including by email and chat, with Members, mentors, and JESA;
  • you may register for Programs, provided you meet the conditions of the Program Rules;
  • you may participate in a Program, individually, as a representative of a business entity, or by creating or joining a team, as specified in the Program Rules;
  • you may upload Deliverables in response to a Program, as specified in the Program Rules;
  • you may retrieve the data and Deliverables that you submitted during your participation in a specific Program, as specified in the Program Rules.

JESA may offer awards for the winning Deliverables submitted by Members registered to participate in a Program, in accordance with the Program Rules.

JESA is solely responsible for assessing all Deliverables and independently deciding, in accordance with its own criteria, on the winner(s) of a Program. Decisions made by JESA are considered final.

6. Content posted by you on the Website

You may communicate with other Members, mentors or JESA via the Website. Any information you provide on the Website, both during registration and use of the Services (such as, public message board postings, emails, chats, Deliverables, etc.) is subject to the following:

  • You agree that content posted by you will be accurate and will not: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, or (ii) violate any law (including export control, unfair competition, anti-discrimination or false advertising).
  • Regarding Deliverables, you guarantee that (i) you are the owner or authorized user of the intellectual property contained in your Deliverable and that (ii) you are not required to transfer your rights over the Deliverable to a third party pursuant to an employment relationship or other contract; or that (iii) you have obtained any necessary authorizations from your employer or co-contracting party before submitting the Deliverables. At any time, you may be asked to make legally binding warranties and representations to JESA in relation to a Deliverable or any specific information that you submit.
  • You are solely responsible for the content that you publish or upload to the Website, and for the transfer of technologies or information with which you are involved. JESA expressly disclaims any liability or responsibility thereto.
 

7. Member Rules of Conduct on the Website

There are certain rules that apply to Members. When using our Website, you agree:

  • to not submit to us or other Members, mentors or the jury false, misleading, malicious or fraudulent information;
  • to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more generally content that is contrary to good morals or the purposes of the Website;
  • to not infringe the rights and image of JESA, such as its intellectual property rights;
  • to not open more than one Account on the Website or open an Account in the name of a third party;
  • to not use the Account of another Member;
  • to not try to bypass the Website, such as by trying to contact or send the JESA your Deliverables outside of the Website;
  • to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Website;
  • to not use any device, software or routine that could interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
  • to not to take any action (such as, spamming) that imposes an unreasonable load on our Website;
  • to not violate the principle of confidentiality, which may exist within the framework of a Program; and
  • to, more generally, not to act in a way that violates the law or breaches these T&Cs.

 

8. Confidentiality

Within the framework of a Program, you may be required to maintain certain information confidential.

You agree to defend, indemnify and hold JESA harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.

 

9. Role of JESA / Limitation of liability

JESA has no control over the behavior of Members, mentors or other users of its Website. We do not control the information provided by others that is made available through the Website; other user’s information may be inaccurate.

JESA will use its best efforts to ensure that the information published on the website is accurate and up-to-date. 

Similarly, JESA does not guarantee that the website will function without interruption, bugs or viruses. In this respect, the user declares that he/she accepts the features and limitations of the Internet.

Members act under their sole and full responsibility.

We are not responsible for the content or use of any Deliverable, for a Member's failure to complete a Program, for any consequential loss such as financial loss, loss of business or pain and suffering that a Member may suffer as a result of using the Website or participating in a Program.

If you have a dispute with another Member, you must notify us of all claims of whatever nature arising from such dispute.

JESA shall not be liable to you for any damages, claims, expenses or other costs you incur as a result of third-party claims related to your use of the Services. Under no circumstances, shall JESA be liable for any indirect damages You agree that you will be responsible for, and at JESA’s request, defend JESA from third party claims arising out of information you provide to JESA for publication or any breach by you of these T&Cs.

Notwithstanding any statutory or regulatory provision to the contrary, any claim or legal action relating to the use of the Services must be brought within one (1) year from the date on which the cause of action arises, failing which it shall be permanently inadmissible.

 

10. Account suspension, restrictions of access and termination

You can terminate and close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting JESA. The termination takes effect immediately.

If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of JESA, its Members or third parties are at risk, we reserve the right to:

  • immediately terminate these T&Cs binding you and Agorize; and
  • temporarily or permanently suspend your Account.

When this is necessary, you will be notified of such measures to enable you to respond. JESA will decide, at its sole discretion, whether to lift the measures put in place.

 

11. Personal Data we collect and process

IIn using the Website and registering as a Member, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Notice.
 

12. Operation, availability and functionalities of the Platform

We shall try as far as possible to maintain the Website continually accessible. But access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

 

13. Hyperlinks

Our Website may contain links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.
 

14. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and JESA relative to your use of the Website and the Services. 

JESA may modify these T&Cs to adapt to its technological and commercial environment, and to comply with the law. Any modification to these T&Cs will be published on the Website with mention of the effective date, and you will be notified by JESA before the changes take effect.

 

15. Applicable law and dispute resolution

These T&Cs are governed and construed in accordance with Moroccan Law, without giving effect to any principles of conflicts of law.

We invite you to submit to us any complaints that you might have using the contact information provided above. If a contractual dispute between you and JESA cannot be amicably resolved, you may use arbitration 

Either Party may refer the Dispute to be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce, by three (3) arbitrators appointed in accordance with said Rules. The seat or place of arbitration shall be Casablanca, Morocco, and the arbitral proceedings shall be conducted in French. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Both the award and sentence shall be confidential. These T&Cs shall be governed by and construed in accordance with Moroccan laws and the Parties hereby submit to the exclusive jurisdiction of the court of Casablanca.

 

16. Webhosting AMAZON WEB SERVICES

Region of operations (i.e. servers location):
eu-west-3 (Paris, France)
 
Headquarters:
Amazon Web Services,
Inc. P.O. Box 81226 Seattle,
WA 98108-1226
http://aws.amazon.com
 

17. Credit for Website design and Publisher Contact

AGORIZE
15 rue Béranger
75003 PARIS
contact@agorize.com
Tel.: (+33) 0 1 55 43 79 45
 

18. Effective Date

The contract takes effect after the consent of the user confirming that they have read and accepted these T&Cs and our Privacy Notice when creating an account.