Privacy Policy

Terms of Use

Date: 05/10/2023 — Please read these Terms of Use carefully.

ACCEPTANCE OF TERMS OF USE

These Terms of Use constitute a legally binding agreement between you (“YOU”), whether personally or on behalf of an entity, and OPEN VISTA (“Company”, “we”, “us”, or “our”), regarding your access to and use of this website, as well as any other form of media, media channel, mobile website, or mobile application related, linked, or otherwise associated with www.openvista.ma.

By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will inform you of any changes by updating the date of these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. By continuing to use the Site after the date on which the revised Terms of Use are published, you will be subject to the changes and will be deemed to have been made aware of and to have accepted them.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within that jurisdiction or country.

The Site is intended for users who are at least 18 years of age. Any user who is a minor in the jurisdiction in which they reside (generally under 18 years of age) must obtain the permission of their parent or guardian and be directly supervised by them to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our exclusive property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site, as well as the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, various other intellectual property and unfair competition laws of Canada, international copyright laws, and international conventions.

Unless expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have legitimately gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under 18 years of age; (3) you are not a minor in the jurisdiction in which you reside, or, if you are a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, out of date, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically approved or authorized by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
2. Deceive, defraud, or mislead our company and other users, notably by attempting to obtain sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with the security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, our company and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, including using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person, or use another user's username.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (gifs), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware, passive collection mechanisms, or pcms).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19. Copy or adapt the Site's software, including, without limitation, Flash, PHP, HTML, JavaScript, or any other code.
20. Decrypt, decompile, disassemble, or otherwise reverse engineer any software comprising or constituting in any manner any part of the Site.
21. Except in the context of standard use of a search engine or Internet browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
22. Use a purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
24. Use the Site as part of any effort to compete with our company, or otherwise use the Site and/or the Content for any revenue-generating activity or commercial enterprise.

USER-GENERATED CONTRIBUTIONS

The Site does not offer users the ability to submit or publish content. We may offer you the ability to create, submit, publish, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”).

Contributions may be visible to other users of the Site and through third-party websites. Accordingly, any Contribution you transmit may be treated in accordance with the Site’s Privacy Policy. When you create or make available Contributions, you represent and warrant that:

1. The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including, without limitation, copyright, patent, trademark, trade secret, or moral rights.
2. You are the creator and owner of your Contributions, or you have the licenses, rights, consents, authorizations, and permissions necessary to use them and to authorize us, as well as the Site and other users of the Site, to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each identifiable individual person appearing in your Contributions to use the name or likeness of each such identifiable individual to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, indecent, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against a specific person or class of persons.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from persons under the age of 18 or exploits persons under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography or any law intended to protect the health or well-being of minors.
13. Your Contributions do not contain any offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing constitutes a violation of these Terms of Use and may result, among other things, in termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including your settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site.

You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to use and disseminate these Submissions freely for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in these Submissions, and you warrant that these Submissions are original or that you have the right to submit them. You agree that no recourse shall lie against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, by reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access, limit availability, or disable (to the extent technologically feasible) any Contribution or any portion thereof; (4) in our sole discretion and without limitation, with or without notice or liability, remove from the Site or disable any files and content that are excessive in size or that burden our systems in any way; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We place great importance on data privacy and security. By using the Site, you agree to be bound by our privacy policy published on the Site, which is incorporated into these terms of use.

Please note that the Site is hosted in Canada. If you access the Site from any other region of the world whose laws or other requirements regarding the collection, use or disclosure of personal data differ from the laws applicable in Canada, then, by continuing to use the Site, you transfer your data to Canada and you agree that your data may be transferred to and processed in Canada.

TERM AND TERMINATION

These terms of use remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BY BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED, AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive relief proceedings.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, change or delete the content of the Site at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site, without notice, at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Site.

We cannot guarantee that the Site will be available at all times. We may encounter hardware, software or other problems, or need to perform maintenance operations related to the Site, resulting in interruptions, delays or errors. We reserve the right to modify, revise, update, suspend, discontinue or otherwise alter the Site at any time and for any reason, without notifying you.

You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any period of unavailability or interruption of the Site. Nothing in these terms of use shall be construed as obliging us to maintain and support the Site or to provide any corrections, updates or releases in connection with it.

GOVERNING LAW

These terms are governed by and construed in accordance with the laws of the State of Florida (Miami), United States, and you irrevocably consent to the exclusive jurisdiction of the courts of Florida (Miami) to resolve any dispute that may arise in connection with these terms.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) no Dispute may be arbitrated as part of any class action or under class action procedures; and (c) no Dispute may be brought in a purported representative capacity on behalf of the general public or any other person.

Arbitration Exceptions

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a Party's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any request for injunctive relief.

If this provision is found to be illegal or unenforceable, neither Party shall elect to arbitrate a Dispute falling within the part of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction among the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The Site may contain information containing typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any error, inaccuracy or omission and to modify or update the information on the Site at any time, without notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE, AND WE WILL NOT ASSUME ANY LIABILITY FOR (1) ANY ERROR, MISTAKE OR INACCURACY IN THE CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER SIMILAR ITEMS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, CERTIFY OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, NOR IN ANY WAY RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY OTHER CHANNEL OR IN ANY OTHER ENVIRONMENT, YOU SHOULD USE YOUR GOOD JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU, WHATEVER THE CAUSE AND WHATEVER THE COURSE OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO OUR COMPANY. CERTAIN US AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify and hold our company harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including, without limitation, intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding subject to this indemnification as soon as we become aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES

Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site satisfy any legal requirement that such communication be in writing.

YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER DOCUMENTS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law.

We may assign or transfer any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

• OPEN VISTA
• Phone: +1 514 266 7615
• Email: contact@openvista.ma

Links to Other Websites

Although this website may be linked to other websites, we do not imply, directly or indirectly, that we approve of, are associated with, sponsor, endorse or are affiliated with any linked website, unless expressly stated herein. You should carefully review the legal notices and other terms of use of any website you access through a link from this website. Establishing links to any other external page or website is at your own risk.

Use of Cookies

The website may use cookies to personalize and facilitate as much as possible the User's browsing on this site. The User may configure their browser to be notified of the installation of cookies sent by us and to refuse them.