Terms & Conditions | Gaclay Sarl

Terms of Use

Important Notice

By accessing and using the website www.gaclaysarl.com, you accept and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must not use this website.

Effective Date: January 2024

Website Owner: GACLAY ELECTRIC SERVICES SARL

Domain:www.gaclaysarl.com

These Terms of Use govern your access to and use of the GACLAY website. They constitute a legally binding agreement between you and GACLAY ELECTRIC SERVICES SARL.

1 Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings specified below:

Website

The website accessible at www.gaclaysarl.com, including all its pages, content, and functionalities.

User

Any individual or legal entity accessing and using the Website, regardless of the purpose of access.

Content

All elements constituting the information present on the Website, including text, images, videos, graphics, logos, software, and databases.

Services

All services offered by GACLAY through its Website or offline operations, including electrical services, consulting, and commercial activities.

Intellectual Property

All intellectual property rights associated with the Website and its Content, including copyrights, trademarks, patents, and trade secrets.

Personal Data

Any information relating to an identified or identifiable natural person as defined in applicable data protection laws.

2 Use of the Website

The Website is provided for informational purposes and to facilitate contact with GACLAY. Your use of the Website is subject to the following conditions:

2.1 Access and Availability

Access to the Website is free of charge
The Website is accessible 24/7, subject to maintenance periods and technical issues
GACLAY reserves the right to modify, suspend, or discontinue access to the Website at any time without prior notice
Users are responsible for their own internet connection and equipment

2.2 Acceptable Use

You agree to use the Website only for lawful purposes and in a manner that does not:

Violate Laws: Infringe any applicable local, national, or international laws or regulations

Harm Others: Harm, threaten, or harass others or engage in defamatory behavior

Damage Website: Damage, disable, overburden, or impair the Website

Unauthorized Access: Attempt to gain unauthorized access to any part of the Website

Spread Malware: Introduce viruses, trojans, worms, or other malicious software

Collect Data: Collect or harvest any information from the Website without authorization

2.3 User Account

Some features of the Website may require user registration. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain the confidentiality of your account credentials
Notify GACLAY immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

GACLAY reserves the right to suspend or terminate your access to the Website at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users, GACLAY, or third parties.

3 Intellectual Property

All intellectual property rights in the Website and its Content are owned by or licensed to GACLAY ELECTRIC SERVICES SARL.

Copyright

The entire Content of the Website, including but not limited to:

Text, graphics, logos, and images
Software, databases, and code
Audio and video materials
Website design and layout

is protected by copyright and other intellectual property laws.

Trademarks

The following are registered or unregistered trademarks of GACLAY:

"GACLAY" name and logo
"GACLAY ELECTRIC SERVICES"
Other product and service names
Slogans and taglines

All rights are reserved.

3.1 Permitted Use

You may:

Access and view the Content for personal, non-commercial purposes
Print or download extracts for personal, non-commercial use
Share links to the Website on social media
Use information for legitimate business inquiries with GACLAY

3.2 Prohibited Use

You may not, without prior written authorization from GACLAY:

Reproduce, duplicate, copy, or sell any Content
Modify, adapt, translate, or create derivative works
Distribute, publish, or transmit any Content
Use the Content for commercial purposes
Remove any copyright or proprietary notices
Use any automated systems to access or monitor the Website

Any unauthorized use of the Content may constitute copyright infringement and/or violation of trademark laws, which could result in legal action and liability for damages.

4 Liability

GACLAY ELECTRIC SERVICES SARL provides the Website on an "as is" and "as available" basis. Your use of the Website is at your own risk.

4.1 Disclaimer of Warranties

To the fullest extent permitted by law, GACLAY disclaims all warranties, express or implied, including but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement of intellectual property
Accuracy, reliability, or completeness of Content
Uninterrupted or error-free access to the Website

4.2 Limitation of Liability

GACLAY shall not be liable for:

Direct, indirect, incidental, or consequential damages
Loss of profits, revenue, or data
Business interruption
Damage to your computer system or device

Errors or omissions in the Content
Unauthorized access to or alteration of your data
Statements or conduct of any third party
Any other matter relating to the Website

4.3 User Responsibility

You agree to indemnify and hold harmless GACLAY, its directors, employees, and affiliates from and against:

Any claims arising from your use of the Website
Your violation of these Terms of Use
Your infringement of any third-party rights
Any unauthorized use of your account

This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not GACLAY has been informed of the possibility of such damage.

5 Personal Data

The protection of your personal data is important to us. Our collection, use, and protection of personal data are governed by our Privacy Policy and applicable laws.

Data Protection

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, or destruction.

Your Consent

By using our Website, you consent to the collection and use of your personal data as described in our Privacy Policy.

5.1 Types of Data Collected

We may collect various types of personal data, including but not limited to:

Contact information (name, email, phone)
Professional information (company, position)
Communication preferences

Technical data (IP address, browser type)
Usage data (pages visited, time spent)
Cookies and tracking information

5.2 Data Usage

Your personal data may be used for the following purposes:

Providing and improving our services
Responding to your inquiries
Sending marketing communications (with consent)
Complying with legal obligations
Protecting our rights and property

For complete information about how we handle your personal data, please refer to our Privacy Policy.

6 Cookies

Our Website uses cookies and similar tracking technologies to enhance your browsing experience and analyze Website traffic.

What Are Cookies?

Cookies are small text files stored on your device when you visit our Website. They help us remember your preferences and improve your experience.

Types of Cookies

We use different types of cookies:

Essential cookies
Functional cookies
Analytics cookies
Marketing cookies

Cookie Control

You can control cookies through your browser settings. However, disabling cookies may affect Website functionality.

6.1 Consent to Cookies

By continuing to use our Website without changing your cookie settings, you consent to our use of cookies as described in our Privacy Policy.

We may update our cookie policy from time to time. Any changes will be posted on this page.

For detailed information about the cookies we use and their purposes, please refer to our Cookie Policy section in the Privacy Policy.

7 Hyperlinks

Our Website may contain links to third-party websites. These links are provided for your convenience only.

External Links

We are not responsible for:

The content of third-party websites
Their privacy practices
Their terms of use
Any damages resulting from their use

Link Creation

You may create links to our Website, provided that:

The link is fair and legal
It does not damage our reputation
It does not suggest endorsement
It complies with these Terms of Use

7.1 Linking Restrictions

You may not create links to our Website in a way that:

Frames or mirrors any part of our Website
Uses our trademarks without permission
Suggests association or endorsement
Is displayed on an inappropriate website
Contains illegal or offensive content

GACLAY reserves the right to request removal of any link to our Website at any time, at our sole discretion.

8 Modification of Terms of Use

GACLAY reserves the right to modify these Terms of Use at any time. We will notify users of any material changes.

Update Procedure

When we update these Terms of Use:

We will update the "Effective Date" at the top of this page
We may notify registered users by email
We will post a notice on our Website
Changes will be effective immediately upon posting

Your continued use of the Website after changes constitutes acceptance of the modified terms.

8.1 User Responsibility

It is your responsibility to:

Regularly review these Terms of Use
Stay informed about any changes
Discontinue use if you do not agree with modifications
Maintain updated contact information for notifications

We recommend checking this page periodically for updates. Archived versions of previous Terms of Use may be available upon request.

9 Applicable Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Democratic Republic of Congo.

Governing Law

These Terms of Use shall be governed by:

The laws of the Democratic Republic of Congo
Applicable international treaties
DRC commercial and civil codes
Electronic commerce regulations

Jurisdiction

Any disputes arising from these Terms of Use shall be subject to the exclusive jurisdiction of:

The courts of Kolwezi, Lualaba Province
DRC judicial system
Applicable arbitration rules

9.1 Dispute Resolution

Before resorting to legal action, parties agree to:

Attempt to resolve disputes amicably through negotiation
Consider mediation as an alternative
Allow 30 days for dispute resolution attempts
Cooperate in good faith to find solutions

9.2 Severability

If any provision of these Terms of Use is found to be invalid or unenforceable:

The remaining provisions shall remain in full force and effect
The invalid provision shall be replaced by a valid one
The intent of the original provision shall be preserved
Courts shall interpret provisions to maximize enforceability

These Terms of Use were originally drafted in French. In case of discrepancy between the French version and any translation, the French version shall prevail.