Terms and conditions

Description This document defines the terms and conditions of use of the "Wraqi" online service. Definitions In this document, the following terms are used with the meanings indicated: "Mobile Application" means the mobile application to benefit from the Wraqi online Service that can be downloaded from iOS and Android app stores. "Good Practices" means the care, skill, diligence, prudence, efficiency, foresight and speed that are reasonably expected of a service provider comparable to the Wraqi Service. "General Conditions" refers to this document. "Contract" means the relationship between You and Us, governed by the Terms and Conditions. "Data and Information" refers to all the data and information You provide Us to verify Your identity, data and information we have extracted or inferred, and data and information relating to your usage of the Wraqi Service. "Frequently Asked Questions" or "FAQ" refers to the Frequently Asked Questions available on the Website https://www.wraqi.ma to answer any questions you may have about the Wraqi Service and its use. "Wraqi" is the platform made available in pilot mode by the Municipality of Fes in partnership with Moroccan e-Services, allowing users to identify themselves to access various public services online. For more information, visit the service description website at https://www.wraqi.ma/. "Wraqi Digital Identity" means your unique user profile provided by us after verifying your identity based on the Data and Information you have provided. "Registration on Wraqi" is an authentication mechanism used by the Wraqi Identity Service to identify you. This is a mechanism put in place by the municipal services for the deposit of signature or proximity services issuing certificates of residence. Once an agent of authority verify your identity and activate your account, it will be available to facilitate interaction with all Moroccan administrations adhering to the Wraqi Service. Automatic activation will be adopted in collaboration with mobile operators and the Ministry of the Interior based on the new national identity system. "Us" and its variations refers to the public-private partnership between the Municipality of Fes and the Moroccan e-Services, a simplified joint-stock company with a capital of 100,000 DH, registered in the Commercial Register of Rabat under the number 120707 having its headquaters at 32 avenue Ouad Baht Angle Fal Ould Omir, 10,000 Agdal Rabat Morocco. "Mobile Operator" means a 3G mobile operator or more. "Written" means any written communication, either electronically or by post. "Privacy Policy" means Our Privacy Policy available on the Website. "Service", "Wraqi Service" or "Digital Identity Service" means the "Wraqi" Digital Identity Service as described on the Website. "Third Party Service" means a service provider of which you are or would like to be a User and directs You to the Wraqi Service to obtain or verify Your identity. "Website" means the website and more generally the web pages by which We provide the Wraqi Service or the associated Support Services. It is accessible at https://www.wraqi.ma "User" means a user of the Website, the Mobile Application or the Wraqi Service. "Support" means the support service that We set up to answer your questions and help you resolve any difficulties you may encounter while using the Wraqi Service. "You" and its variations mean you as a user of the Website, the Mobile Application or the Wraqi Service. Contract and fields of application By initiating the creation of a Digital Identity via the Mobile Application, you agree to these Terms and Conditions. These Terms and Conditions will continue to apply regardless of whether the creation of your Digital Identity is successful or not. These Terms and Conditions govern entirety Your relationship with Us for the use of the Wraqi Service, unless otherwise agreed in stated by Us. Your use of the Wraqi Service implies the unconditional acceptance of these Terms and Conditions. You may not transfer any of the rights granted to You under these Terms and Conditions to any other person. We reserve the right to unilaterally modify these Terms and Conditions at any time. The modified Terms and Conditions will apply as soon as they are posted on the Website. These changes may be caused, for example, by a modification of the Website, the Mobile Application, the Wraqi Service, the regulations or Our agreements with third parties. It is important that You check the Terms and Conditions regularly. You can check that modifications have been made to the General Conditions by consulting the version and the date of update mentioned at the beginning of the General Conditions. You will be informed of any significant changes by a notification on the website and / or by email and / or by a notification on the Application mobile. In the event that You do not accept the modification of the General Conditions, you must stop using the Service and delete your Digital Identity using the Mobile Application. The use of your Digital Identity after this notification implies the acceptance of the new General Conditions. We reserve the right to unilaterally modify the Website, the Mobile Application or the Wraqi Service at any time. We will attempt to ensure, where possible, that these changes do not materially affect the nature of the Wraqi Service provided to you, but such changes may be made at Our sole discretion and without liability to You. To be admissible, any communication between You and Us will be written in Arabic, Amazigh or French. Questions about the Digital Identity Service should be addressed to us using the contact form available on the Website. Wraqi Service The Wraqi Service is described on the Website. Your eligibility for the Service is subject to all the following conditions: i) the use of an iOS or Android smartphone with a rear and a front camera, ii) the use of an e-mail address and iii) the use of a mobile phone. To use the Identity Service through Wraqi you need to register and move to the nearest registry office once to activate your account, pending systematic activation. When you initiate the creation of a Digital Identity with the Wraqi Identity Service, verification process of your identity is performed immediately and relies on the analysis and validation of documents and information you have provided, as well as documents and information from other sources. This verification process can be fully automatic or require the intervention of administrative service agents. If the verification process results in the validation of your identity, your digital identity will be created and used immediately. The decision to create or not your Digital Identity returns exclusively to Us. The login details that allow you to use your Digital Identity are strictly personal and confidential. Sharing this information with another person or entity is not allowed. You must take all reasonable steps to prevent abuse, misuse, theft or loss of this information. Termination You are free to stop using the Wraqi Service at any time. You can remove your Wraqi Digital Identity at any time by using the feature available on the Mobile Application. This action will result in the deletion of all your personal data in the Wraqi Service, except those that must be kept for audit purposes, in accordance with the Moroccan law. We reserve the right to remove or suspend your Wraqi Digital Identity with immediate effect without having to inform you if your messages to Authorities agents are considered harassing, threatening, or abusive. Any continuation of violence, threatening behavior or harassment will be reported to the appropriate authorities. We reserve the right to delete or suspend your Wraqi Digital Identity with immediate effect without having to inform you if we know or suspect that the Data or Information provided of your identity verification are false or falsified, or if we know or suspect that the result of the verification of your identity did not proceed correctly. We reserve the right to report any attempt to impersonate or falsify identity to the competent authorities. We reserve the right to remove or suspend your Wraqi Digital Identity with immediate effect without having to inform you if we know or suspect that You are violating these Terms and Conditions. We reserve the right to retain all or part of your Personal Data, as well as other evidence and data, in order to allow us to respond to any claims during a retention period of seven (7) years from the end of the first day after the end of the Wraqi Service, or a longer period of time required to resolve any dispute, claim, negotiation, audit, proceeding or other survey that requires Your Data. Our Obligations We will provide the Wraqi Service as described on the Website in accordance with these Terms and Conditions, the associated Privacy Policy and Good Practices. When verifying Your identity, We will act with due diligence. However, you can not infer any right for You to create an Identity Digital Wraqi. We aim to provide Wraqi Service 24 hours a day, seven days a week. However, we do not guarantee the availability of the Service. You agree that the Service may be subject to temporary interruptions making it inaccessible. We reserve the right to limit or discontinue access to the Identity Service for limited periods of time in order to perform technical maintenance or service updates. We will endeavor to perform operations requiring these limitations or interruptions of the Service during the time slots where it will affect the smallest number of users of the Service. We will provide the Service in accordance with the Privacy Policy posted on the Website. We will update this Privacy Policy to reflect changes to the Service, particularly with respect to the processing and retention of Data. Your Obligations You agree to provide all documents, information and Data that We need to establish and verify Your identity. If not, We will not be able to give You access to the Wraqi Service. The Data and Information that may be asked from you are various and may include personal information, images or videos of identity documents or other documents to verify your identity, information possibly contained in your Wraqi account, images or videos of You, transactions or requests information to third parties. You will ensure that all Data and Information submitted for registration with the Wraqi Identity Service is true, accurate and in accordance with the requirements set forth by Us. You understand and agree that the verification of Your identity is a process depending on Your personal data, the Information and Documents You submit to the Service, the external conditions and the phone You use and therefore it is a process that is unique to you. You agree that the verification process of Your identity may not be comparable to that of other Users. You agree to ensure and warrant that all Data, Documents and Information You provide to enable the verification of Your identity are correct, complete, accurate, up-to-date and in accordance with the requirements established by Us. You agree to notify Us of any changes to the Documents, Information or Data that verify your identity. You agree to follow Our instructions and Our requirements to update your Digital Identity following this change. You agree to follow our instructions and any reasonable requirements we may have regarding Your use of the Wraqi Service, the Website, or the Mobile Application. You are responsible for your secret code and your password. They must not be communicated to anyone. You must take all reasonable steps to prevent them from being known to anyone other than you. If you disclose it deliberately or negligently, we will not be liable for any loss or damage you may suffer because of this disclosure. We cannot be held responsible for any loss or damage you may incur in the case of use of your smartphone by anyone other than You, unless this is due to Our negligence. You must take all reasonable steps to prevent further violations and to limit any damage resulting from such violation. You agree to notify us immediately if you know or suspect that someone could access, use or impersonate your Wraqi Digital Identity. The information you will need to give us on this occasion to identify the origin of the security incident should be considered by You as by Us as strictly confidential to minimize any damage to You, Us or third parties. You agree not to communicate to a third party about this incident until it has been resolved and until We have not given you Our agreement. You agree to notify Us immediately of any breach of these Terms and Conditions and to provide us with a detailed description of this violation and any other relevant information. You must take all reasonable steps to avoid other and/or prosecution of violations and take all reasonable steps to limit any damage resulting from such violation. You agree to notify Us immediately if you know or suspect that the security of the Wraqi Identity Service is at risk or if you know or suspect that a data leak has occurred or may occur. The information you will have to communicate to us on this occasion to identify the origin of the security incident must be considered by You and Us as confidential to minimize any damage incurred by You, Us or third parties. We will take the necessary steps to inform potential third parties. You agree not to communicate to a third party about this incident until it has been resolved and until We have not given you Our agreement. You must take all reasonable steps to avoid other and/or prosecution of violations and take all reasonable steps to limit any damage resulting from such violation. You agree to notify Us immediately if you know or suspect that the security of the Wraqi Identity Service is at risk or if you know or suspect that a data leak has occurred or may occur. By using the Mobile Application, You acknowledge and agree that :i) We are in no way bound, connected or affiliated with smartphone app stores; ii) access and use of the Mobile Application or Wraqi Identity Service may be restricted by Your mobile carrier; iii) You will not be able to access or use certain features of the Mobile Application if you do not have a mobile access and a Smartphone. Any traffic charges or access charges incurred as a result of using the Mobile Application are subject to the terms and conditions established by Your Mobile Operator; iv) We are solely responsible for the distribution, functionality, performance, support, evolution and maintenance of the Mobile Application; v) You will have to comply with the terms and conditions of the application store that allowed you to download the Mobile Application. You are prohibited from: i) copying, transmitting, selling, publishing or profiting from any content on the Website, the Mobile Application, or any related documents; ii) use the Service, the Website, the Mobile Application or any related documents in any way that causes or may cause damage, alter the performance, availability, security or performance of the Website, the Mobile Application or the Wraqi Identity Service; iii) access the Website, the Mobile Application or the Identity Service using a robot, a search engine or any other automated means ; iv) Run the Mobile Application in an emulator or on a jailbroken or rooted phone. You may not decompile or disassemble the Mobile Application Code or do a reverse engineering. You must not attempt, by any means, to change the nominal behavior of the Mobile Application ; v) to disclose a security breach without first informing us in accordance with these General Conditions and obtained our Written consent for this disclosure. Identity theft is a crime. You are prohibited from accessing the service by usurping an identity or using a whimsical identity. Confidentiality and Personal Data We take the protection of Your personal data and Your privacy very seriously and We comply with the provisions of the Moroccan legislation on data protection in the Kingdom of Morocco. We will use information about you, whether from you or collected by Us, in accordance with Our Privacy Policy, available on the Website. You acknowledge and agree that, to verify your identity, We may be required to make operations on the Data and Information that you have transmitted to us. This processing can understand searches in public databases or not. A record of this verification may be retained for 5 years, as indicated in the Privacy Policy and in accordance with legal requirements. If You have been referred to the Wraqi Identity Service by a Third Party Service that needs to verify Your identity in order to provide you with a product or service that you wish, You agree that, at Your request, we are transmitting information relating to your identity to this third party in accordance with the Privacy Policy. You may use the Mobile Application to view the list of Third Party Services to which you have given permission to access Your identity information. From time to time, We may need to verify Your identity again for security reasons. This may be due, for example, to the time elapsed since the last verification of Your identity, or because You have not recently used your Digital Identity, or because some of the information you that you have provided have been changed, or because you have changed your mobile phone, SIM card or phone number. If necessary, we will tell you what actions to take as well as that the Information and Data to transmit to us. The use of your Digital Identity may be Suspended until Your identity is verified again. A record of this audit may be retained for 5 years, as indicated in the Privacy Policy and in accordance with legal requirements. We store and process the Data and Information provided or used in the verification of Your identity and data relating to your use of the Wraqi Identity Service in accordance with the appropriate data protection laws. Intellectual property All intellectual property rights associated with the Wraqi Service, the Mobile Application, the Website, or related materials remain Our property at all times. The right to use the Wraqi Service, the Mobile Application, the Website or related documents linked to the Identity Service that does not require any transfer of intellectual property rights. We only provide a non-exclusive right to use the Identity Service, the Mobile Application, the Website or related documents related to the Identity Service. This right is granted to you personally and can not be transferred to another person. You are prohibited from using the Identity Service, the Mobile Application, the Website or related documents or facilitating such use by a third party, as such use would result in the violation of Our intellectual property rights. We reserve the right to take all necessary measures to protect our intellectual property rights. It is forbidden to remove or circumvent in any way these measures. These measures include removing your Digital Wraqi identity and terminating the agreement. Responsibilities and Guarantees Nothing in these Terms and Conditions excludes or limits our liability for : i) any infringement by Us or any of our subcontractors, ii) any loss, unauthorized access or corruption of personal data held by Us, iii) any willful failure on our part or on the part of any of our subcontractors. All other limitations of liability included in these Terms and Conditions must be reasonable regarding the Service We Provide to You. We are not liable to You for any loss or damage suffered by You which has not been a reasonably foreseeable or obvious consequence of our breach of these Terms, for example, if neither You nor We would have could have anticipated this loss before you used the Service or if it was not obvious that this loss would result. We cannot be held liable for damages resulting from events beyond Our reasonable control or not caused directly by Our actions. We cannot be held responsible for consequential damages or damages caused because you do not have or do not take appropriate measures to : i) limit that damage immediately after a damaging event occurred, ii) prevent further damage or consequential damage resulting from the initial event, iii) Inform us immediately of events that would cause damage and provide us with relevant information. In all cases, our liability is limited to usual and foreseeable damage. We cannot be held responsible for any business losses, such as loss of employment, loss of profits, loss of income, interruption of business, loss of opportunity or reduction of the value of an active, while the Identity Service is provided for your personal use as a consumer. We can in no way be held responsible for any damage resulting from: i) improper use by you of the Service, the Mobile Application or the Website, ii) unauthorized use by you of the Service, of the Mobile Application or the Website, iii) incorrect data or information provided by you or data or information not provided within the time we have set, iv) non-compliance with Your obligations under these terms, including the lack of cooperation, v) the failure or malfunction of the means of use of the Service you have chosen: your smartphone, your mobile operator, etc., including the malfunctioning of the internet, vi) the partial or total unavailability of the Service, vii) the unauthorized use, loss or theft of the means of authentication available to you to use the Service, viii ) the stopping or unavailability of online tools of third parties, ix) the impossibility of accessing a third party service due to non-functioning Wraqi Service. Unless otherwise stated in these terms and conditions, Our overall liability to You arising from or in connection with the Identity Service may not exceed 100 DH (one hundred dirhams). Any complaint must be sent by registered mail to Our registered office within one year after the occurrence of the facts. We give no other warranties and we make no other commitment than those explicitly provided in these Terms and Conditions. Major Force We will not be responsible for any breach of these Terms and Conditions resulting from causes outside of our control, including, but not limited to, the requirements of the law, power outages, improper operation of the Internet, computer and telecommunications facilities including Your mobile phone, extreme weather conditions, fires, floods, war, strike, terrorism or general transportation problems, the unavailability of one or more of Our employees Applicable law and settlement of litigation In the unlikely event that You have any complaints about the Wraqi Service, please use the Website to contact us or send us registered mail addressed to Our Head Office. These Terms and Conditions are governed by the Moroccan law in respect and in accordance with the application of the Moroccan directives, especially the law 09-08 on the protection of individuals regarding the processing of personal data. Any dispute that can not be settled amicably will be brought before a competent judge of the place where We have Our headquarters. If the applicable provisions of Moroccan law determine that another judge is also competent, the case may also be brought before that judge. If the provisions applicable to the Moroccan law determines that another judge has an exclusive jurisdiction, the case can not be brought before this judge. Other provisions If any provision of these Terms and Conditions is declared invalid or void, this will not affect the validity of any of the other provisions included in the Terms and Conditions. In this case, we will modify these Terms and Conditions in order to achieve the same purpose as well as the same purpose of the disposition declared invalid. A waiver of any right or remedy under these Terms and Conditions or by law will be effective only if it is writtenly given and will not be considered a waiver of any violation or subsequent defect. The failure or delay by us of exercising a right or remedy provided herein Terms and Conditions or by law does not constitute a waiver of this right or any other remedy or will prevent or restrict any other exercise of this right or any other right or remedy. No individual or partial exercise of any right or remedy provided for in these Terms and Conditions or by law shall prevent or restrict the further exercise of this right or any other remedy. Stamp rights Requests for documents are subject to stamp rights, irrespective of their form, any acts,documents, books, registers or directories established to constitute the title or the justification of a right, obligation or discharge and, in general, find a legal fact or a legal relation. Photocopies and any other reproductions obtained by photographic means, prepared to be sent, extracts or copies shall be subject to the same stamp right as that relating to the writings reproduced. Royalties Payment for the Wraqi Service is made by Credit Card, Cash (Tasshilat) or e-Wallet. You are liable for a fee per transaction, its amount is fixed according to the Wraqi service fee schedule including the amount of the stamp rights. VAT will be payable by users, under the right of service, concluding this Agreement. Concerning professional Users, the VAT may be payable by them to the Company according to the applicable community provisions. As a result, you commit yourself upon simple request of the Company to provide accurate and real information about its legal and tax situation. The amount of stamp rights per transaction of the fee will be paid systematically to the services concerned by automatic bank transfer ; The payment data is exchanged in encrypted mode. Payments made by You will be considered final only after actual receipt of the sums due. An invoice is issued by the Company and is given to you as soon as the payment is made.