LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the services of the Website www.golden-generation.organd its subdomains (further, the "Website") as the ASBL GOLDEN GENERATION(further away, "GOLDEN GENERATION") makes available to internet users.
ASBL GOLDEN GENERATION
The head office :
Kiwele Omnisports Complex
June 30 Avenue
Lubumbashi,
Upper Katanga
Democratic Republic of Congo
Telephone :
+243 999 610 999
E-mail address :
asbl.goldengeneration@gmail.com
ASBL GOLDEN GENERATION is endowed with legal personality and is registered in the official journal of the Non-Profit Associations of the Democratic Republic of Congo.
1. Access to the Website is free except for the price relating to the connection through the telecommunications network provided by the Internet service provider contracted by the users.
2. Access to and use of the Website attributes the condition of user of the Website (in green, the "User") and implies acceptance of all the conditions included in this Legal Notice as well as its modifications.
3. The provision of the Website service has a limited duration to the moment in which the User is connected to the Website or to one of the services that through the same are facilitated. For this reason, the User must carefully read the Legal Notice in each of the occasions in which he proposes to use the Website, since this and its conditions of use included in the Legal Notice may be subject to changes.
4. Some Website services accessible to Users or exclusive to members of GOLDEN GENERATION may be subject to special conditions, regulations and guidelines and instructions which, in any case, replace, complete and (or) modify the Legal Notice and must be accepted by the User before the provision of the corresponding service begins.
5. The Website is mainly directed to Users residing in the Democratic Republic of Congo. GOLDEN GENERATION does not ensure that the Website complies with the legislation of other countries, whether in whole or in part.
6. If the User resides or is domiciled in any other place outside the DRC and decides to access and (or) use this Website, he will do so under his own responsibility and risk. and must ensure that such access and (or) use complies with applicable local legislation, GOLDEN GENERATION not assuming any liability that may derive from said access.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All content and/or other elements of the Website, for enunciative purposes only,
text, photographs, graphics, images, icons, technology,
software, links and any other audiovisual or sound content, such as drawings
graphics and source codes (in bold, the "Contents"), are the property of GOLDEN
GENERATION or third parties, without any intellectual property material being
transferred to the User any of the rights of an exploitation recognized for the
regulations in force, except those which seem strictly necessary for the purpose
of the Website.
Trademarks, trade names or distinctive signs are the property of GOLDEN
GENERATION or a third party, without access to the Website can assign any right
on the brands mentioned, trade names and/or distinctive signs.
Under Ordinance-Law No. 86-033 of April 05, 1986, protecting rights
of authors and neighboring rights and of the Intellectual Property Law, by regularizing, en
clarifying and harmonizing the legal provisions in force on the matter, reste
expressly forbidden the reproduction, distribution and public communication,
including its method of making available, all or part of the
Content, for commercial purposes, in any medium and by any
technical environment, without the express written authorization of GOLDEN GENERATION or
of the third party holder of the affected rights.
The User agrees to respect copyright, intellectual property and
of GOLDEN GENERATION and (or) third parties.
WEBSITE TERMS OF USE
1. General Provisions
The User acknowledges and accepts that access to and use of the Website is free and
consciously, under his exclusive responsibility.
The User undertakes to make correct use of the Website in accordance with the Law, le
this Legal Notice, good faith and public order. The User will answer in front of
GOLDEN GENERATION or in front of the third party for all damages and all prejudices which
could be caused as a consequence of the breach of said
obligation.
Use of the Website remains expressly prohibited for harmful purposes of property or
interests of GOLDEN GENERATION or third parties or in any other way
who overload, damage or use networks, domestic and other equipment
computer (hardware) or computer products and applications (software) de
GOLDEN GENERATION or third parties.
The following actions are also prohibited:
➢ The use of computer viruses or any other code, file or program that is
created or intended to interrupt, damage, or limit the operation of any
which software, hardware or telecommunications equipment, or damage or
gain unauthorized access to data or other information about GOLDEN
GENERATION or any third party.
➢ Displace identities, interfere with or interrupt service, servants or les
networks connected to the services or fail to meet the required conditions, procedures,
policies or regulations of service-connected networks.
➢ Use automated commando sequences or screen scraping for
compile information or to interact with GOLDEN GENERATION.
➢ Recover systematic form data or other content from GOLDEN
GENERATION to create, directly or indirectly, in dumps
individual or multiple, a collection of data, either manually or
automatically. Access, manipulate or use non-public domains of the Site
Web, the computer systems of GOLDEN GENERATION or the systems of ses
suppliers.
➢ Any attempt to test the vulnerability of any system ou
GOLDEN GENERATION network or violate any security measure
or authentication.
➢ Falsify or alter any GOLDEN GENERATION information.
➢ Attempt to decipher, decompile, disassemble the GOLDEN GENERATION software
or third party.
➢ Deleting, hiding or manipulating copyright notices and other data
signage of GOLDEN GENERATION or third parties incorporated into the Contents, as well
that the technical protection devices or any information mechanisms which
may be included in the Contents.
➢ Collaborate with a third party to carry out any behavior described.
2. Contents
The User undertakes to use the Content in accordance with the Law, this Notice
Legal, good faith and public order, as well as with other conditions, regulations and les
instructions and instructions which in his case could be of an application en
compliance with the arranged in the First Clause.
With merely enunciative character, the User in accordance with the legislation en
force shall refrain from:
a) Reproduce, copy, distribute, make available, communicate publicly,
transform or modify the Content except in cases authorized by law ou
expressly consented by GOLDEN GENERATION in writing or by who is the holder of the
exploitation rights in this case.
b) Reproduce or copy for private use the Contents that may be considered
as a software or database in accordance with the legislation in force en
intellectual property, as well as its public communication or publication
the disposal of a third party when these acts necessarily involve reproduction
from the User or third party.
c) Extract and/or reuse all or a substantial part of the Integral Contents of
Website as well as databases that the GOLDEN GENERATION puts at la
available to Users.
d) Obtain or attempt to obtain the Content by employing for that purpose any means or
separate processes which, depending on the case, are made available to it for this purpose or which have been
expressly indicated in the Website or, in general, of those who use
usually on the Internet so as not to bury the risk of damage or unuse
of the Website and/or the Services.
3. Introduction of links to the Website
Users who want to introduce links from their own web pages to the Website
will have to fulfill the conditions which are detailed next without the ignorance of the
even avoids the responsibilities derived from the Law:
The link will link only with the Home page (Accueil) or the main page of the Site
Web but he will not be able to reproduce it in any form (links, copy of the texts, les
graphics, etc.).
It will remain in all cases prohibited, in accordance with the applicable legislation and en
force in every moment, to establish frames or frames of any
type that wrap the Website or allow the visualization of the Contents through
Internet directions different from those of the Website, in any case,
when they will be viewed together with contents outside the Website so
until:
➢ A product, or power to produce, an error, confusion or lie chez
Users on the true origin of the service or Content;
➢ Suppose an act of comparison or unfair imitation;
➢ Serve to leverage the brand reputation and prestige of GOLDEN
GENERATION ; or
➢ In any other form that seems prohibited by the legislation en
vigor.
No type of inaccurate or incorrect false manifestation on GOLDEN GENERATION,
its official members, partners, staff, members or on the quality of
services it provides will only be carried out from the page that introduces the link.
In no case will be expressed on the page where the link is that GOLDEN
GENERATION has lent its consent for the insertion of the link or that of the other form
he sponsors, collaborates, verifies or supervises during the sender's services.
The use of any denomination, graphic or mixed mark is prohibited
or any other signed by a distinctive sign of GOLDEN GENERATION inside the
sender's page except as permitted by law or expressly authorized by
GOLDEN GENERATION in writing and whenever a direct link is permitted, in these cases,
with the Website in the form set out in this Clause.
The page that establishes the link must faithfully fulfill the Law and it cannot
in no case have or link with own or third party content that:
➢ They are illicit, harmful or opposed to morality and good customs
(pornographic, violent, racist, tribal etc.);
➢ They induce or can induce a User on the false conception of which GOLDEN
GENERATION subscribes, supports, joins or in any way supports des
ideas, manifestations or expressions, lawful or unlawful, of the sender;
➢ They seem inadequate or irrelevant to the activity of GOLDEN GENERATION
in favor of the location, contents and theme of the sender's web page.
EXCLUSION OF LIABILITY
1. Information
The User accepts that GOLDEN GENERATION does not assume responsibility for the
delay, misdelivery, or lack after keeping communications
of Users or personal configurations.
GOLDEN GENERATION also does not assume responsibility for decisions made at
from the information provided in the Website and damages
products at the User or third parties about roles that have a single basis
information obtained from the Website.
2. Quality of service
We reserve the right to refuse to provide service to anyone
for any reason and/or to discontinue the service in whole or in part at
any time, with or without notice.
Use of the Website is subject to all applicable regulations and User
will be solely responsible for the content of its communications through the Website.
Access to the Website does not imply the obligation on the part of GOLDEN GENERATION to
check the absence of viruses or any other harmful computer element. It matches
to the User the availability of appropriate tools for the detection and disinfection of
harmful computer programs.
GOLDEN GENERATION does not assume responsibility for damages produced in the
computer equipment of Users or third parties during the provision of the du service
Website.
GOLDEN GENERATION does not grant a guarantee and does not become responsible in any
case of damages and prejudices of any nature that could derive
access or use of the Content or the Website.
Among other things, and by way of enunciation and not limitation, GOLDEN GENERATION does not assume the
responsibility for the following circumstances:
➢ Lack of maintenance and effective operation of the Website and/or its
services or Content.
➢ The lack of usefulness of the Website or the Contents for any activity.
➢ The existence of viruses, malicious or harmful programs in the Contents.
➢ The receipt, obtaining, storage, distribution or transmission, on the part of the
Users, Content.
➢ The illicit, negligent, fraudulent use, contrary to the terms of the Legal Notice, or to the
good faith and public order, of the Website or its Contents, on the part of the Users.
3. Service availability
Access to the Website requires third party services and supplies, including transportation to
through telecommunications networks whose reliability, quality, continuity and
operation do not correspond to GOLDEN GENERATION. Therefore, les
services offered through the Website may be suspended, canceled or appear
inaccessible, prior to or simultaneous with the provision of the service du
Website.
GOLDEN GENERATION does not take responsibility for damages or harm
of any type produced by the User that cause faults ou
disconnections in telecommunications networks, computer faults or
other electronic systems that produce suspension, cancellation or
the interruption of the service of the Website during the provision of the same or with un
prior character.
4. Content and services available through the Website
The service of access to the Website includes technical devices for links, directories
and includes finding aids that allow the User to access other
web pages (in bold, "Linked Sites"). In this case, GOLDEN GENERATION acts like
intermediation service provider in accordance with the law of November 25, 2020
Services of the Information Society and Electronic Commerce. It will
solely responsible for the contents and services provided in the Linked Sites in la
the extent to which he has actual knowledge of the illegality and has not disabled
the link with due diligence.
Assuming that the User considers as existing a Linked Site with des
illegal or inappropriate content, he may communicate it to GOLDEN GENERATION
in accordance with the procedure and effects established with Clause 6, without that in
in no case does this communication involve the obligation to remove the link
corresponding.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with
managers or holders of the same, nor the recommendation, promotion or
the identification of GOLDEN GENERATION with the manifestations, the contents or the
services. Linked Sites are facilitated for referral purposes only.
So GOLDEN GENERATION only provides links to websites, which at son
knowing and knowing comply with the applicable legislation. GOLDEN GENERATION ne
does not know or approve of the contents and services of the Linked Sites and therefore il
does not become responsible for the damages produced by the illegality, quality,
unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor by any
other damage that is not directly attributable to GOLDEN GENERATION.
We reserve the right to remove or block access to said content under
suspicion that they could possibly be illicit or damage property or rights
of third parties liable to compensation and naturally in those cases in which
we have effective knowledge of this, whether by resolution
judicial, administrative order or by any other means.
5. Communication of illegal and inappropriate activities
In the event that Users, or any other Internet user, become aware of
that the Linked Sites refer to pages whose contents or services are illicit, harmful,
infamous, violent or opposed to morality, he can get in touch with GOLDEN
GENERATION indicating the following ends:
➢ The communicator's personal data: name, address, telephone number
and email;
➢ The description of the facts which reveal the illicit or inadequate nature of the Linked Site;
➢ In the supposition of infringement of rights, such as intellectual property et
industrial, the personal data of the right holder infringed when it is
a person different from the communicator. In the same way he will have to bring
the title that accredits the legitimation of the holder of the rights and, in this case, that of
representation to act on behalf of the holder when it is a person
different from the communicator;
➢ An express statement of the information contained in the complaint est
exact.
Receipt from GOLDEN GENERATION of the communication provided in
this Clause will not imply, according to the law of November 25, 2020, knowledge
of the activities and/or content indicated by the communicator.
In the same way, he will have to provide the title that accredits the holder's legitimation
of rights and, in this case, that of representation, to act on behalf of the owner
when she is a different person from the communicator as well as a declaration
expressed that the information contained in the claim is accurate.
PASSWORDS
Access to and use of restricted access areas of the Website created under the word de
password assigned to the User will be deemed to have been made by said User, who will respond en
any such access and use. The User will be responsible at all times for the
custody of his password, assuming, accordingly, all damages and all
damages that could derive from its improper use, as well as from the transfer, the revelation
or misguidance of the same.
In case of forgetting the password or any other circumstance that
assumes risk of access and/or use by an unauthorized third party,
the User must immediately communicate it to GOLDEN GENERATION so that
We proceeded immediately to the blocking and the substitution of the same. Anyway,
all operations carried out before said communication will be deemed to have been carried out by
the password holder, who will be responsible and will pay the costs and/or damages
that derive from any unauthorized access and/or use that is made before la
called communication.
DURATION AND MODIFICATION
The terms of this Legal Notice will be in effect until they are
modified, GOLDEN GENERATION being able to make changes which will be
communicated to the User.
GOLDEN GENERATION may delete, add or change the Contents and services
which it lends, as well as also the form in which they appear or are presented. They
are in force, the conditions that are published at the time the User accesses the
Website. GOLDEN GENERATION invites him to consult this Legal Notice of manner
periodic.
LEGISLATION AND JURISDICTION
This Legal Notice is governed, in all respects, by Congolese Law for the resolution of
any controversy in relation to this Legal Notice or in relation to ces
controversies.
These General Conditions are governed by Congolese law. Thus, in accordance with la
Alternative Dispute Resolution Law, we inform consumers that,
users can contact:
DEPARTMENT OF COOPERATION AND SOCIAL AFFAIRS of GOLDEN GENERATION aux
following contact details:
➢ Telephone: +243 999 914 199
➢ WhatsApp: +243 999 610 999
➢ Email: cooperatsocialsaffairs@gmail.com
➢ Website:
https://www.thegoldengeneration.org/administration/departmentofcooperation
andsocialsaffairs/plaintcanal
For the alternative resolution of possible controversies. If these refer to des
electronic transactions with consumers, or on data protection
when related to this environment, complaints are handled by le
GOLDEN GENERATION INTERNAL AFFAIRS DEPARTMENT, accredited for la
alternative resolution of consumer disputes.
If the complaints are about digital advertising, or related data protection
with this environment, they will be submitted to the COMMERCIAL DEPARTMENT Jury ET
MARKETING.
In addition, we remind you that you can access the resolution platform des
conflicts and disputes of GOLDEN GENERATION by following this link:
https://www.thegoldengeneration.org/mediationonlinespace
Done in Lubumbashi, August 12, 2022