Terms and Conditions of Use

These General Terms and Conditions of Use establish the legal framework governing access to and use of the website accessible at omolemba.org (hereinafter “the Site”), published by the association OMOLEMBA INTERNATIONAL, a non-profit association governed by the French Law of 1 July 1901, with its registered office at 31 rue Alphonse Bertillon, 75015 Paris, France, registered under RNA number W751283063.

The Site aims to present the missions, humanitarian actions, ongoing projects, as well as the means of engagement and support offered by the OMOLEMBA INTERNATIONAL association. It also allows users to contact the association, subscribe to the newsletter, submit volunteer applications and send partnership requests.

These T&Cs apply to any natural or legal person, hereinafter referred to as “the User”, who accesses the Site, regardless of their place of connection, the device used or the purpose of the visit. The User is deemed to have read these T&Cs and accepted them without reservation prior to any navigation on the Site.

Access to, consultation and use of the Site imply the full, complete and unreserved acceptance of these T&Cs by the User. This acceptance is materialized by the mere fact of browsing the Site, consulting its content or using any of the services offered therein.

If the User does not accept, in whole or in part, these T&Cs, they are formally invited not to use the Site and to leave it immediately. OMOLEMBA INTERNATIONAL reserves the right to refuse access to the Site to any person who does not comply with the obligations set out in these T&Cs.

These T&Cs are accessible at any time on the Site and shall prevail over any previous version or any contradictory document. OMOLEMBA INTERNATIONAL recommends that the User save or print a copy of these T&Cs for their personal records.

OMOLEMBA INTERNATIONAL implements all reasonable means to ensure continuous and quality access to the Site. Access to the Site is normally possible 24 hours a day, 7 days a week, except in cases of force majeure, acts of third parties, failure of the internet network or hosting, or any other event beyond the reasonable control of the association.

OMOLEMBA INTERNATIONAL expressly reserves the right, without notice or compensation, to suspend, interrupt or limit access to all or part of the Site, particularly for reasons of technical maintenance, updates, editorial modifications, content correction or security. The association will endeavour, as far as possible, to minimize the duration and impact of these interruptions.

The User acknowledges and accepts that OMOLEMBA INTERNATIONAL shall not be held liable for direct or indirect damages, whatever their nature or cause, resulting from the temporary or permanent unavailability, interruption, malfunction or suspension of the Site or any of its services.

Furthermore, the User declares that they have the necessary skills, technical equipment and financial resources to access and use the Site, and acknowledges that the costs of internet access and connection remain their sole responsibility.

The User undertakes to use the Site in a fair, responsible manner and in accordance with all applicable laws and regulations, both French and international, as well as these T&Cs. The use of the Site must be consistent with the humanitarian, non-profit and apolitical purpose of the OMOLEMBA INTERNATIONAL association.

The User guarantees that the information and data they transmit via the Site, notably through contact, newsletter subscription, application or partnership forms, are accurate, truthful, complete and do not infringe the rights of third parties. The User refrains from communicating false, identity-theft or misleading information likely to mislead OMOLEMBA INTERNATIONAL.

The User is solely responsible for their use of the Site and the information they consult or publish on it. They undertake not to disrupt, slow down or attempt to disrupt the proper functioning of the Site, nor to compromise its integrity, security or the confidentiality of the data stored on it.

All elements constituting the Site, including but not limited to, the general architecture, texts, slogans, logos, trademarks, drawings, graphics, photographs, videos, illustrations, sounds, databases, software, interfaces and any other visual or audio element (hereinafter “the Content”), are the exclusive property of OMOLEMBA INTERNATIONAL or of third parties that have granted it an operating license.

The Content is protected by the provisions of the French Intellectual Property Code and by international conventions relating to copyright and industrial property. Consequently, unless expressly authorized in writing and in advance by OMOLEMBA INTERNATIONAL, any reproduction, representation, adaptation, modification, translation, dissemination, distribution, redistribution, extraction, reuse, transmission, sale, concession or exploitation of the Content, in whole or in part, by any process whatsoever and on any medium whatsoever, is strictly prohibited and constitutes infringement, engaging the civil and criminal liability of its author.

The trademarks and logos appearing on the Site are registered and protected trademarks. Any reproduction or use of these trademarks without the prior written authorization of their owner is prohibited. The User acknowledges that any violation of these intellectual property rights is likely to cause irreparable harm to OMOLEMBA INTERNATIONAL and may lead to legal proceedings.

The information, data and documents made available on the Site are provided exclusively for informational purposes and shall under no circumstances constitute advice, a recommendation, an offer of services, solicitation or a contractual commitment on the part of OMOLEMBA INTERNATIONAL. The association strives to ensure the reliability, accuracy and updating of the published information, but cannot guarantee its exhaustive, complete or absolutely accurate nature.

OMOLEMBA INTERNATIONAL reserves the discretionary right to modify, supplement, update, clarify or delete, at any time and without notice, all or part of the Site's content, including information relating to its actions, projects, events or contact details. It is the User's responsibility to verify the relevance and timeliness of the information consulted.

The Site may contain contributions, testimonials, photographs or narratives relating to the association's actions. This content is published under the editorial responsibility of OMOLEMBA INTERNATIONAL and does not necessarily reflect the opinion of all its members, partners or beneficiaries.

In the context of using the Site, the User is strictly prohibited from engaging in any of the following behaviors, without this list being exhaustive:

• using the Site or its services for fraudulent, illegal, abusive, defamatory, insulting, racist, xenophobic, homophobic, sexist, discriminatory purposes or purposes contrary to public decency and public order;
• attempting to compromise, in any way, the security, integrity, availability or confidentiality of the Site, its information systems, databases or technical infrastructure, including through the introduction of viruses, Trojan horses, malware, scripts or any other harmful technical process;
• carrying out reverse engineering, disassembly, decompilation, extraction or decryption of all or part of the source code, algorithms or software components of the Site;
• collecting, scraping, harvesting, extracting or exploiting, by any means whatsoever, data, information or content on the Site, including for the purpose of building competing databases or directories;
• using robots, spiders, automated scripts or any other automatic collection device to access the Site, extract data from it or monitor its operation;
• publishing, transmitting or disseminating, via the Site, illegal, infringing, unsolicited, unauthorized advertising or promotional content;
• impersonating a third party, a member of the association or a representative of OMOLEMBA INTERNATIONAL.

Any violation of these prohibitions may result, without prior notice or formal notice, in the suspension or blocking of the User's access to the Site, as well as the initiation of civil and/or criminal legal proceedings to obtain compensation for the damage suffered by OMOLEMBA INTERNATIONAL.

The Site may contain hyperlinks redirecting the User to third-party websites or external resources published and managed by third parties. OMOLEMBA INTERNATIONAL exercises no control over these third-party sites, their content, their data protection practices, their terms of use, their security or their availability.

Consequently, OMOLEMBA INTERNATIONAL expressly disclaims any responsibility for the content, accuracy, legality, reliability, quality, completeness, security or accessibility of these external sites or resources. The decision to access a third-party site via a hyperlink on the Site is the sole responsibility of the User, who assumes full risk.

OMOLEMBA INTERNATIONAL reserves the right, at any time and without notice, to remove or modify any hyperlink pointing to a third-party site. The presence of such links does not in any way constitute approval, validation, recommendation or endorsement of the linked site or its content by OMOLEMBA INTERNATIONAL.

The creation of deep hyperlinks to the Site or any of its pages is subject to the prior written authorization of OMOLEMBA INTERNATIONAL, which may be requested at contact@omolemba.org.

OMOLEMBA INTERNATIONAL is a non-profit association that provides the public with free access to its Site and the information published on it. Consequently, the association's liability is expressly limited under the conditions defined below.

OMOLEMBA INTERNATIONAL shall under no circumstances be held liable for direct or indirect, material or immaterial, foreseeable or unforeseeable damages, whatever their nature or cause, resulting from the use, inability to use, malfunction or unavailability of the Site, the inaccuracy or obsolescence of the published information, the interpretation of said information, or the reliance placed on it by the User.

The User is solely responsible for the interpretation and use they make of the information and content accessible on the Site. OMOLEMBA INTERNATIONAL cannot be held liable for any decision made or action taken by the User based on the information on the Site. It is the User's responsibility to take all necessary precautions and exercise judgment in the use of this information.

OMOLEMBA INTERNATIONAL's liability cannot be engaged in the event of damages caused by a force majeure event as defined by French case law, including in particular, without limitation, natural disasters, fires, floods, epidemics, wars, acts of terrorism, strikes, failures or interruptions of telecommunications networks, failures of hosting providers or internet services.

Use of the Site may involve the collection and processing of the User's personal data. OMOLEMBA INTERNATIONAL attaches paramount importance to the protection of privacy and personal data, and undertakes to process this data in compliance with the amended French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR - EU Regulation 2016/679).

All rules and commitments relating to the collection, processing, retention and protection of personal data are detailed in the Privacy Policy accessible on the Site, which the User is invited to consult carefully. Use of the Site implies acceptance of said Privacy Policy.

The Site may use technical cookies strictly necessary for its proper functioning, browsing security and language display. These cookies do not require the User's prior consent under applicable law.

Audience measurement cookies or additional functionalities may be implemented later, exclusively after obtaining the User's explicit consent via a cookie management banner. The User retains the option to configure their cookie preferences directly from their browser or from the management tool provided on the Site.

OMOLEMBA INTERNATIONAL expressly reserves the right, at any time and without notice, to modify, amend, supplement or delete all or part of these T&Cs, in particular to adapt them to the evolution of the Site, its activities, legislative, regulatory or jurisprudential developments, or for any other reason deemed necessary by the association.

The applicable T&Cs are those in force on the date of the User's connection to the Site. OMOLEMBA INTERNATIONAL will endeavour to notify Users of any substantial modification of the T&Cs by an information message visible on the Site's home page. However, it is the User's responsibility to regularly consult the latest version of the T&Cs available online, the last update date of which is indicated in the header of this document.

Continued browsing on the Site after the publication of a modified version of the T&Cs constitutes tacit and unreserved acceptance by the User of said modifications. If the User does not accept the new T&Cs, they must immediately cease all use of the Site.

These General Terms and Conditions of Use are governed, interpreted and applied in accordance with French law, to the exclusion of any other legislation. This choice of law applies to all Users, including those accessing the Site from a third country.

In the event of a dispute, contestation or disagreement of any kind relating to the validity, interpretation, execution or termination of these T&Cs, the parties undertake, prior to any litigation, to seek an amicable solution through negotiation and mediation. For this purpose, the most diligent party shall send the other party a registered letter with acknowledgment of receipt clearly setting out the subject of the dispute and the grounds for their complaint.

Failing an amicable agreement within sixty (60) days from receipt of said letter, any dispute shall be subject to the exclusive jurisdiction of the French courts, and more specifically the Tribunal Judiciaire de Paris, regardless of the User's place of residence or domicile and even in the case of third-party claims or multiple defendants. This jurisdiction clause does not apply to consumers for whom the statutory rules of jurisdiction remain applicable.

The fact that OMOLEMBA INTERNATIONAL does not avail itself at any given time of any of the provisions of these T&Cs shall not be interpreted as a waiver of its right to avail itself of them subsequently. The nullity, invalidity or unenforceability of any of the clauses of these T&Cs shall not entail the nullity of the entire T&Cs, the other clauses retaining their full force and effect.

These T&Cs constitute the entire agreement between the User and OMOLEMBA INTERNATIONAL concerning the use of the Site. They replace and cancel any prior agreement, communication or proposal, whether verbal or written, relating to the same subject.

For any question, complaint, request for information or report relating to these General Terms and Conditions of Use or the operation of the Site, the User is invited to contact OMOLEMBA INTERNATIONAL through the following means:

By email: contact@omolemba.org By postal mail: OMOLEMBA INTERNATIONAL - Legal Department, 31 rue Alphonse Bertillon, 75015 Paris, France. By phone: +33 7 84 74 84 11

The association will endeavour to respond as soon as possible to any legitimate request. The User is requested to clearly indicate the subject of their request and their full contact details to facilitate its processing.