Terms & User Agreements

Operating System Requirements:

Mobile: The App requires a smartphone or a tablet device with a minimum of 1GB RAM, 8GB of memory and the Android operating system with 7 or later versions.

Browsers (most current version):

• Google Chrome
• Microsoft Edge
• Mozilla Firefox

Minimum Age:

You must be 18 years or above to accept these terms and use the App/Web. If you do not qualify, you are not permitted to use the App/Web.

Modifications:

Orange Foundation Liberia reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without notice. It is your responsibility to check these Terms of Use periodically for changes.

The materials on the App with respect to Services may be out of date, and Orange Foundation Liberia makes no commitment on how often the materials on the App might be updated.

Assignment:

Orange Foundation Liberia may transfer or assign its rights and obligations under these Terms to another organization or company

Back-up:

Orange Foundation Liberia recommends that you back up any content and data used in connection with the App/web,to protect yourself in case of problems with the App or the Services.

Intellectual Property Rights:

All intellectual property rights in the App and the Services throughout the world belong to Orange Foundation Liberia and the rights in the App/web and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App/web or the Services other than the right to use them in accordance with these Terms.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,artwork, and computer code (collectively,“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel“ and arrangement of such Content, contained on the App is owned, controlled, or licensed by or to Orange Foundation Liberia, and is protected by copyright and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web App or other medium for publication or distribution or for any commercial enterprise, without Orange Foundation Liberia express prior written consent.

License restrictions:

• You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available,the App/Web or the Services in any form, in whole or in part to any person without prior written consent from Orange Foundation Liberia.
• not copy the App/Web or Services, except as part of the normal use of the App/Web or where it is necessary for the purpose of backup or operational security.
• not translate, merge, adapt, vary, alter, or modify, the whole or any part of the App/Web or Services nor permit the App/Web or the Services or any part of them to be combined with, or become incorporated in any other programs, except as necessary to use the pp/Web and the Services on devices as permitted in these terms.
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App/Web or the Services nor attempt to do any such things.
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App/Web, any Service or any operating system.
• not infringe Orange Foundation Liberia intellectual property rights or those of any third party in relation to your use of the App or any Services
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App/Web or any Services.
• You will not place false or misleading information.
• not use the App /Web or any Services in a way that could damage, disable, overburden,impair or compromise Orange Foundation Liberia systems or security or interfere with other users.
• not collect or harvest any information or data from any Services or Orange Foundation Liberia systems or attempt to decipher any transmissions to or from the servers running any Services.
• You may not attempt to gain unauthorized access to any portion or feature of the App/Web, or any other systems or networks connected to the App/Web or to any Orange Foundation Liberia (Orange Liberia) server, or to any of the Services offered on or through the App/Web, by hacking, password “mining” or any other illegitimate means.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App/Web, or with any other person’s use of the App/Web.
• You may not use the App/Web or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity, which infringes the rights of Orange Foundation Liberia or others.
• You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.
• You may not use anyone else’s BfW ID, password or account at any time without the express permission and consent of the holder of that BfW ID, password or account.Orange Foundation Liberia cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
• You may not use this App/Web to engage in any advertising or marketing.

Use of Personal Data and/or technical data of your device and Privacy Notice:

• If you provide any personal data, you are deemed to have authorized Orange Foundation Liberia to collect, retain and use that personal data for the following purposes.
• Verifying your identity.
• Verifying your eligibility to register as a user of the App/Web.
• Processing your registration as a user, providing you with a login ID for the App/Web, maintaining, and managing your registration.
• To facilitate communication between buyers and sellers on the App/Web and processing your transactions on the App/Web.
• Performing research or statistical analysis in order to improve the content and layout of the App/Web, to improve the Services.
• If you voluntarily submit any information to the App/web for publication on the App/Web through the publishing tools, then you are deemed to have given consent to the publication of such information on the App/Web.
• using technical information about the devices you use the App/Web on and related software, hardware and peripherals to improve the App/Web and to provide any Services to you.
• With respect to any individual whose personal information is provided by you to the App/Web, You represent to Orange Foundation Liberia that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by the Orange Foundation Liberia (Orange Liberia) Privacy Notice, including the transfer of such data to any countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

In addition, by using the App/Web, you acknowledge and agree that Internet transmissions are never completely private nor secure.

Sales & Purchase

You as a seller or a buyer:

You are fully and solely responsible for reading and understanding the full product quality specifications and the quantity to be sold before making a bid or commitment to buy or to sell.

Orange Foundation Liberia hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Services.

Orange Foundation Liberia does not represent or endorse and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any product, the truth or accuracy of the description of commodities, or of any advice, opinion, offer, proposal, statement, data, or other information displayed or distributed, purchased, or paid through the Services; or (b) the ability of Buyers to buy commodities or seller to deliver commodities.

You acknowledge and agree that the purchases of commodities are transactions between the Seller and the Buyer, and not with Orange Foundation Liberia.

You acknowledge and agree that payments to requests from other Buyers are transactions between you and the Seller/ Buyer and not with Orange Foundation Liberia.

Submission:

Orange Foundation Liberia does not accept ideas, concepts, or techniques for new services or products through the App/Web ("Comments"). If such Comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Orange Foundation Liberia and its affiliates are under no obligation to keep such information confidential, and (c) Orange Foundation Liberia will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

Disclaimer:

Orange Foundation Liberia does not guarantee that the App /Web or any content, service or feature of the App/Web will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the App will provide specific results. The App/Web and its content are delivered on an “as-is” and “as-available” basis. All information provided on the App/Web is subject to change without notice.Orange Foundation Liberia cannot ensure that any files or other data you download from the App/Web will be free of viruses, contamination, or destructive features. Orange Foundation Liberia disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Orange Foundation Liberia disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the App/Web and/or and Orange Foundation Liberia services. You assume total responsibility for your use of the App/Web.

This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion,defect, delay in operation or transmission, mobile/ computer phone virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Orange Foundation Liberia reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App/Web, or any portion of the App/Web, for any reason; (2) to modify or change the App/Web, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App/Web, or any portion of the App/Web, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

In no event will Orange Foundation Liberia be liable to you for any indirect, consequential, exemplary,incidental, or punitive damages, including loss of profits, loss of business, business interruption, or loss of business opportunity.

Limitation of liability:

In no event shall Orange Foundation Liberia, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this App/Web, whether such liability is under contract, tort or otherwise, and Orange Foundation Liberia, including its officers,directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this App/Web.

Indemnification:

You hereby fully indemnify Orange Foundation Liberia, from and against any and all liabilities, costs,demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Violation of Terms of Use:

Orange Foundation Liberia may disclose any information we have about you if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the App/Web, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Orange Foundation Liberia (Orange Liberia) rights or property, or the rights or property of visitors to or users of the App/Web.

Your information may be disclosed when Orange Foundation Liberia determines that applicable law requires or permits such disclosure, including exchanging information with other organizations for fraud protection purposes.

You also agree that Orange Foundation Liberia may, in its sole discretion and without prior notice,terminate your access to the App/Web and/or block your future access to the App/Web if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the App/Web. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Orange Foundation Liberia, for which monetary damages would be inadequate, and you consent to Orange Foundation Liberia obtaining any injunctive or equitable relief that Orange Foundation Liberia deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Orange Foundation Liberia may have at law or in equity.

Entire Agreement:

These Terms, including any legal notices and disclaimers contained on this App/Web, constitute the entire agreement between Orange Foundation Liberia and you in relation to your use of this App/Web and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction:

These Terms will be governed by and construed in accordance with the Government of Liberia Rules,and you submit to the non-exclusive jurisdiction of the Government of Liberia for the resolution of any disputes.

• Commitments of Orange- Orange acts in accordance with the “Commitments to Responsible Procurement” available on: http://www.fournisseurs.orange.com/en/web/guest/achats-responsables
• Compliance with the Supplier Code of Conduct- Orange has designed a “Supplier Code of Conduct” attached to the Contract (Exhibit xx) to share its social, societal and environmental commitments. By signing this Contract, each Party undertakes to comply with the Supplier Code of Conduct and to request its own suppliers and subcontractors and all people under its control, to respect the principles set out by the Code.

  Orange may introduce some modifications to the Supplier Code of Conduct to always comply with any law, regulation or judicial decision. The last updated version of the Code of Conduct is available on: http://www.fournisseurs.orange.com/en/web/guest/nos-fournisseurs

• Compliance with the CSR Rules- Each Party undertakes to comply, and require its subcontractors and all people under its control to comply with all applicable national,European and international rules relating to ethical standards and responsible behaviors,including, but not limited to, rules relating to human rights, environmental protection,health and safety of persons, and sustainable development (hereinafter referred to as the "CSR Rules").

  In particular, in accordance with the French Law No. 2017-399 of 27 March, 2017 on the “duty of care of parent companies and ordering companies”, the Parties undertake to prevent harm to human rights and fundamental freedoms, health and safety of persons, and to the environment, in the course of their business activities.

  Each Party undertakes to refrain and require its subcontractors and all people under its control, to refrain from using child or forced labor and fight against all discriminations.

• Reporting - The Supplier undertakes to provide Orange with all of the information and data needed to i) comply with any mandatory reporting obligation and ii) implement the CSR Rules.

  The Parties will meet regularly to review the indicators related to the compliance with the CSR Rules and their assessment or to define an action plan and follow-up measures, where needed

• Audits and assessments - At any time, Orange and/or its authorized representative is entitled to assess or audit, directly or by a third party designated by Orange, the Supplier and its subcontractors and all people under its control, to ascertain the compliance with the Supplier Code of Conduct in force and the CSR Rules.

  In case of sub-contracting, the Supplier shall take all necessary steps with its subcontractors and all people under its control to ensure that they comply with the CSR Rules and to ensure that Orange can access to their premises. The means of intervention applicable to the above operations shall be defined jointly by Orange and the Supplier.

• Termination- The Supplier shall promptly notify Orange of any breach to the CSR Rules or Code of Conduct that comes to its attention and implement all appropriate measures to remedy such a breach. In the event of a persistent, repeat or deliberate breach to the above obligations, Orange shall be entitled to terminate the present Contract in accordance with the provisions of the article "Termination".

Orange Compliance Ethics:

Orange Liberia (OLIB) has implemented a compliance policy based on respect for a set of values andprinciples contained in:

• ➢ The Orange Group’s Code of Ethics and Anti-Corruption Policy, available at www.orange.com and http://www.orange.com.lr.
• ➢ The national, European and international legal and regulatory provisions applicable Orange Liberia in the conduct of its activities including, without limitation, the Executive Order n°38 of January 6, 2012 establishing an administrative code of conduct for member of the executive branch of government of the President of Liberia and the Act of legislature prescribing a national code of conduct for all public officials and employees of the government of the republic of Liberia (esp. part IX – Gifts, Bribes and Conflicts of interest) dated June 20, 2014 ; the Universal Declaration of Human Rights, International Labour Organization standards, OECD guidelines (particularly regarding efforts to fight corruption), the US Foreign Corrupt Practices Act, the UK Bribery Act, Law n. 2016-1691 of 9 December 2016 relating to the transparency, the fight against corruption and the modernization of the economic life (also called “Loi Sapin II Act”), and the French criminal code pertaining to financial and economic misdemeanors and crimes as well as international trade sanctions (embargoes) including any sanctions that may be in force as a result of a resolution passed pursuant to Chapter VII of the UN Charter by the UN Security Council, any sanction that may have been imposed by the European Union (including DGT and OFSI), the United States Government (including OFAC), the French Government or applicable law, and watch list. These lists are, notably, the "Consolidated Travel Ban and Assets Freeze List" published by the United Nations Sanctions Committee, the "Specially Designated Nationals and Blocked Persons list" maintained by the OFAC, and the consolidated list of people, groups and entities subject to EU financial sanctions.

  These values and principles are referred to hereafter as the "Rules", including any subsequent modifications.

The Parties undertake to comply with the Rules. In addition, they undertake on their behalf, and obtain from their executives, employees, affiliates, subcontractors, and their respective representatives, that they undertake:

• ➢ to implement the direct and indirect means appropriate for the effective implementation and maintenance of a compliance program to ensure compliance with the Rules.
• ➢ that (i) each of the persons referred to above and who will intervene, directly or indirectly, in any way whatsoever, in the performance of the Contract and (ii) all direct or indirect means,technical, financial, and implemented in the performance of the Contract, comply with the Rules.

In order to ensure compliance with the Rules throughout the duration of the Contract, each Party undertakes, on the one hand, to fulfil the requests of the other Party to obtain all the elements justifying its compliance with the Rules, and on the other hand, to inform the other Party without delay of any breach of the Rules committed by it or any of the persons referred to above, as well as the corrective measures put in place to comply with the Rules.

The Parties declare that they are not registered on sanctions lists, in particular the "Consolidated Travel Ban and Assets Freeze List" published by the United Nations Sanctions Committee, the "Specially Designated Nationals and Blocked Persons List" retained by the OFAC, the “Asset Freeze Target List” maintained by the UK Ministry of Finance and the consolidated list of persons and entities subject to European financial sanctions. In the event that this statement is no longer accurate for a Party, the Party undertakes to inform the other Party in writing.

In the event of non-compliance by one of the Parties with the Rules and commitments referred to above, the other Party may terminate the Contract with immediate effect, thirty (30) days from a formal notice to comply with them remained without effect, without prejudice to the damages that could be attributed to the offending Party.