1. Preamble and Acceptance
This document constitutes a legally binding electronic contract between "Ecommaps" (hereinafter referred to as the "Platform" or "We") and any individual or business entity registering for or using our services (hereinafter referred to as the "Merchant" or "User").
By using the Ecommaps platform, you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to any part of these terms, you must immediately cease using the service.
2. Legal Framework and Compliance
Ecommaps operates as a "Software as a Service" (SaaS) platform in accordance with the regulations in force in the People's Democratic Republic of Algeria. We commit, and bind our users, to the following:
- Law 18-05: Relating to Electronic Commerce, where we commit to providing the technical environment for the Merchant, while the Merchant commits to transparency towards the final consumer.
- Law 18-07: Relating to the protection of individuals in the processing of personal data.
- Anti-Money Laundering (AML) Regulations: The Merchant acknowledges that all funds used or collected through the Platform are derived from legitimate business activities.
3. Eligibility and Registration
To utilize Ecommaps services, you must meet the following conditions:
- Legal Capacity: You must be of legal age (19 years old) and possess the full legal capacity to contract.
- Business Entity: You must possess a valid Commercial Registry, Artisan Card, or any equivalent legal document authorizing you to practice trade, and undertake to provide it to the Platform or our partners (Payment Gateways/Banks) upon request (KYC).
- Data Accuracy: You undertake that all information provided (Name, Address, Financial Information) is accurate and up-to-date.
4. Nature of Service and Limitation of Liability
The User acknowledges that Ecommaps' role is strictly limited to being a "Technical Enabler" and provider of cloud infrastructure. Therefore:
- No Contractual Relationship with Consumers: Ecommaps is not a party to any commercial transaction between the Merchant and their customers, and does not guarantee the quality or safety of products.
- Tax Liability: The Merchant is solely responsible for collecting and remitting taxes (TVA/TAP) and any government fees applicable to their sales.
- Service Availability: We strive to ensure 99.9% platform uptime, but we do not accept liability for any business losses resulting from force majeure outages, scheduled maintenance, or general internet network failures.
5. Payment and Subscriptions
- Fees: Subscription fees are paid in advance according to the selected plan. All fees are non-refundable unless expressly provided for by law or at the Platform's sole discretion.
- Service Suspension: Ecommaps reserves the right to immediately suspend the Merchant's account in the event of payment failure or delay in subscription renewal.
- Price Changes: We reserve the right to modify pricing plans, with a 30-day notice to users prior to the implementation of such changes.
6. Acceptable Use Policy (AUP)
It is prohibited to use the Platform for any purpose that violates Algerian law or international standards. This includes, but is not limited to:
- Prohibited Items: Drugs, weapons, alcohol, unlicensed medicines, or counterfeit goods (Intellectual Property violation).
- Financial Fraud: Using the Platform for money laundering, financial concealment, or credit card fraud.
- Harmful Content: Distributing malware, viruses, or content that incites hatred or violence.
Notice: Ecommaps reserves the right to report any suspicious activity to the competent security and judicial authorities without prior notice to the User.
7. Intellectual Property
- Platform Rights: All source code, designs, logos, and databases belonging to Ecommaps are the exclusive property of the Company and are protected by intellectual property laws.
- Merchant Rights: The Merchant retains ownership of their data, products, and images, granting us the right to host and display them solely for the purpose of operating the store.
8. Privacy and Data Protection
We are committed to protecting your data and your customers' data in accordance with our Privacy Policy and Law 18-07. However, the Merchant agrees that Ecommaps may share necessary data with third parties (such as payment gateways or shipping companies) to fulfill services.
9. Termination and Indemnification
- Ecommaps reserves the right to terminate this agreement and delete the Merchant's account immediately and without prior notice in the event of a violation of any of these terms.
- The Merchant undertakes to indemnify Ecommaps, its directors, and employees against any losses, damages, or lawsuits arising from their misuse of the Platform or violation of the law.
10. Governing Law and Jurisdiction
These terms are governed by and interpreted in accordance with Algerian laws. In the event of any dispute, exclusive jurisdiction is granted to the courts territorially competent for Ecommaps' headquarters, unless otherwise provided by law.