Terms and conditions of use of the BCI Senegal website
Preamble
1.1 Introduction to the website owner
This website is the exclusive property of Banque pour le Commerce et l'Industrie - BCI Sénégal, a branch of Banque pour le Commerce et l'Industrie du Mali , a public limited company with capital of CFA Francs 15,000,000,000 (fifteen billion CFA Francs), registered in the Dakar Trade and Personal Property Credit Register under number SN-DKR-2013-E-6332, and whose head office is located at 15 Boulevard de la République, Dakar;
Banque pour le Commerce et l'Industrie - BCI Sénégal is a credit institution duly authorized by the Commission Bancaire pursuant to Decision No. 722/CB/C notifying authorization to set up a branch of Banque pour le Commerce et de l'Industrie du Mali (BCI- MALI) in Senegal.
1.2 Reserves for use
BANQUE POUR LE COMMERCE ET L'INDUSTRIE - BCI SENEGAL reserves the right to modify these General Terms and Conditions of Use, in whole or in part, at any time and without prior notice, in order to adapt them to technological and regulatory developments or to market realities.
In the event of modification, the present General Conditions of Use are applicable and enforceable against the User until the new conditions are effective.
1.3 Commitments of the User
The user acknowledges that he/she has all the intellectual faculties, skills and knowledge necessary to access and use this Site responsibly. They also acknowledge that they are aware of any harmful consequences that may result from their actions or activities.
The user gives the Bank express and unconditional permission to canvass, collect, process, communicate, share and transfer his/her personal data. We will not be using cookies for the time being.
The User undertakes to comply strictly with the provisions set out below for the purposes of browsing this Site. By browsing the Site, the User releases the Bank from any liability in the event that he/she is subject to an administrative or legal measure prohibiting him/her from accessing such a site or, in general, from accessing the Internet.
The User expressly agrees not to reproduce by modification, copying, downloading, broadcasting, translation, arrangement, adaptation, transmission or by any other means or process, for the purposes of marketing or distribution by any means whatsoever, the data, services, images, information, codes or any other element of the Site.
The User formally refrains from taking any action that may result in a defect or failure in the computer security of the Site or its content, or in the disruption, irregular restriction or hindering of access to the Site. More generally, the User undertakes not to take any action that could impair the normal operation of the Site.
2. Glossary
For the avoidance of doubt, all words and expressions used in these Terms of Use are capitalized and are to be understood in accordance with the meaning and scope set forth below.
Any term hereinafter capitalized shall have the exclusive meaning given to it by its definition in the present article.
"General Conditions of Use" abbreviated to "GCU": refers to the present document.
"Site": refers to the institutional site of BANQUE POUR LE COMMERCE ET DE L'INDUSTRIE - BCI SENEGAL accessible at the following address: www.bci.sn
"User" means any person using the Site.
"The Bank" means BANQUE POUR LE COMMERCE ET DE L'INDUSTRIE - BCI SENEGAL.
3. Purpose and content of the Site
The purpose of the www.bci.sn website is purely presentational, providing information about the Bank and its products and instruments on an indicative basis.
The Site is accessible H24 and 7 days a week. Access to the Site is free for the User, excluding costs billed directly by the Internet provider.
However, for reasons beyond the Bank's control, the Site may be unavailable, in particular in the event of force majeure, judicial or administrative injunction, computer or technical difficulties, telecommunications network problems, cybercriminal attacks, etc., rendering the Site inaccessible.
The Bank also has the right to interrupt or limit access to the Site in order to carry out maintenance, updates, system migration, to reinforce its security measures, in the event of suspicion, attempt or fraudulent use, or for any other legitimate reason justifying the interruption or limitation. In such cases, the Bank will, as far as possible, take the appropriate steps to inform the User in advance, before the measure takes effect.
In any event, the Bank shall not be held liable by any User for any inability to access the Site, or for any consequential damages such as, but not limited to, losses arising from transactions carried out on the basis of information contained on the Site, loss of profits, or any loss arising from an interruption of service due to an Internet connection problem.
4. Security
This Site operates via a worldwide computer network, in this case the Internet. This network is borderless, and its operation is so complex that its security cannot depend exclusively on the Bank. However, the Bank will do its utmost to equip itself with the means at its disposal to ensure optimum security on its Site.
However, the Bank in no way intends to commit itself and/or guarantee the User absolute security.
By consulting the Site, the User accepts unreservedly that he/she does so at his/her own risk, and agrees not to sue the Bank for any reason relating to the failure or weakness of the security system.
The User undertakes to take all necessary measures to navigate safely on the Site in order to protect his or her data, equipment and connection materials from all risks associated with the use of the Internet through the Site.
5. Liability
The Site is intended purely for information purposes, and access to and use of the Site by the User must be limited exclusively to this purpose, in strict compliance with the provisions laid down by the Bank in its General Terms and Conditions of Use.
Use of the Site is not backed by or subject to any guarantee from the Bank.
The information contained on the Site does not constitute, and cannot replace, advice or assistance given by the Bank's employees in a specific context. If the User subscribes to a banking or financial product solely on the basis of the information contained on the Site, he/she will no longer be able to take legal action against the Bank on the grounds of a defect, insufficiency or withholding of information.
The transaction simulations and any other data or information contained in the Site are purely and simply indicative and in no way constitute an offer of a product marketed by the Bank.
The Bank gives no guarantee to the User as to the accuracy or completeness of the information contained on the Site, it being understood that the banking market and the products marketed are characterized by perpetual and rapid change.
Consequently, the Bank accepts no responsibility for the use or interpretation that the User may make of the information contained on the Site, nor for the consequences thereof.
The Bank intends to do everything in its power to satisfy requests made by the User of the Site and to respond to the User's requests within a reasonable time. However, the Bank cannot be held liable for the Site's total or partial unavailability, for a failure to respond or for a late response.
The Bank may not be held liable for any reason whatsoever relating to the failure or breach of the Site's IT security in the event of damage to the User's equipment or connection devices, or to his/her data.
The Bank shall not be held liable for any breach of the General Terms and Conditions of Use by any User, nor for any indirect damage arising from the use of its Site.
Nor can the Bank be held liable on the basis of the installation of cookies on the device enabling the User to access the Site, it being understood that installation is subject to the User's authorization.
The Bank is not liable for any dispute relating to the collection, processing or transmission of the User's personal data, provided that the Bank has duly and regularly obtained the necessary authorizations and clearances.
Where the Bank is the subject of legal proceedings as a result of the User's use of the Service not complying with the provisions of the GTUs, the Bank may, in order to defend its interests, call the User into question or bring him/her into the proceedings by any means permitted by law. In such a case, the User will bear all costs relating to the dispute, including the costs of proceedings, any pecuniary judgments and lawyers' fees, without prejudice to the Bank's right to take any legal action against the User.
The Bank reserves the right to take all necessary measures to prevent or put an end to any act or fact that infringes, or tends to infringe, the copyrights held by it or its partners and/or suppliers, without being held liable.
6. Intellectual Property Rights
BANQUE POUR LE COMMERCE ET DE L'NDUSTRIE - BCI SENEGAL is the sole and exclusive owner of the intellectual property rights of the Site and its content. By way of enumeration and not exhaustively, these rights relate to the Site, trademarks, patents, drawings, models, texts, photos, images, plans, sketches, works, illustrations, databases, computer programs, domain names and search engines.
These GCU do not confer on the User any right of ownership over the Site or its content, nor do they constitute a grant of any kind of right of ownership to the User.
The User is prohibited from plagiarizing, modifying, copying, reproducing, disseminating, publishing, sharing, distributing for commercial or personal purposes, in whole or in part, any component or element of the Site that is the property of the Bank or its partners, by any means or channel whatsoever.
Any User, and in general any person, who uses the Bank's property rights without prior written authorization, may be subject to legal proceedings under international, European and national provisions governing the matter.
The User is reminded, below, of the definition of certain offences that could result from the acts or facts prohibited above:
- Infringement: article 398 of the French Penal Code: "... any reproduction, representation or distribution, by whatever means, of a work of the mind in violation of the author's rights, as defined and regulated by law";
- Theft: article 364 of the French Penal Code: "Anyone who has fraudulently taken something that does not belong to him is guilty of theft"; article 431-53 of law no. 2008-11 dated January 25, 2008 on cybercrime: "The fraudulent removal of information to the detriment of another person is treated as theft".
In view of the foregoing, the User is formally prohibited from taking any action that may directly or indirectly infringe the interests or intellectual property rights of Banque pour le Commerce et de l'Industrie - BCI SENEGAL or its partners.
However, the Bank allows the User to use the content of the Site for purely, strictly private and personal purposes; de facto excluding any collective or public use with or without the use of a means of distribution or publication via the Internet or any other channel.
7. Cookies
Cookies are a type of text file installed on a browser or on a device belonging to the User of the Site. Cookies make it possible to temporarily store information relating to the User's visit to the Site, with the aim of assessing the level of security (and possibly improving it) and making navigation easier and/or optimizing it for future visits.
Cookies also enable the Bank to analyze the information gathered following visits to the Site by the User, for the sole purpose of evaluating and refining its communication and/or marketing strategy.
However, cookies do not collect or store any personal information about the User.
Having read and understood the General Terms and Conditions of Use, the User accepts them. By continuing to browse the Site, the User expressly authorizes the Bank, without reservation, to install Cookies on his/her browser and device for the purposes indicated above.
8. Hypertext link
A hypertext link, better known as a "link", enables the User to click on it to go to another web page. The User may thus leave the Site and be directed directly to a page for which the Bank is not responsible.
These hypertext links go beyond the perimeters and boundaries of the Bank. The Bank cannot therefore guarantee the security of these websites, nor can it control or monitor their content.
Consequently, the Bank cannot be held liable for the illicit or false nature of the content of these sites, nor for their unavailability or inaccessibility.
The presence of hypertext links on the Site in no way implies that the bank validates or recommends the referring sites, still less their content. The hypertext links contained in the Site are for information purposes only. It is the User's responsibility to use the information contained in the hypertext links.
Any hypertext link contained in another website referring to the Site is subject to the Bank's prior authorization, duly recorded in writing.
9. Personal data
The Bank informs the User that it intends to collect, process and transfer personal data in strict compliance with Law No. 2008-12 dated July 25, 2008 on the protection of personal data.
The Bank undertakes to use all means at its disposal to ensure the confidentiality and security of personal data collected from the User. The Bank undertakes not to disclose personal data, unless required to do so by law or regulation.
In order to meet the requirements of the aforementioned law, the Bank informs the User that :
- The Bank is responsible for processing the data collected and is represented by its legal representative;
- The data collected by the Bank is intended to carry out their activities, in particular to analyse performance, comply with legal obligations, develop the workforce and carry out research or any other related activity;
- The data collected on the Site relates to the identification of the user;
- The data collected may be shared, transmitted or communicated to parent companies or subsidiaries linked to the Bank, to its partners, service providers, suppliers, etc;
- His answer on the questions which are addressed to him on the site is obligatory/optional;
- They may request to be removed from the Site's database;
- You have the right to access and correct your personal data;
- The data will be kept by the Bank, unless otherwise provided by regulation, for a period not exceeding the purposes for which they were collected;
- In the case of data transfers to foreign countries, the Bank will require the fulfilment of preconditions in accordance with the provisions of article 50 of the aforementioned law, without prejudice to the Bank's obligation to keep the Personal Data Commission informed;
The User undertakes to provide the Bank with sincere and authentic information and to inform it of any new changes. If the information collected violates the provisions below, the Bank may limit, suspend or prohibit the User's access to the Site, either permanently or temporarily.
10. User rights
The Bank reminds the User that, in accordance with Law No. 2008-12 of July 25, 2008 on the protection of personal data, he/she has the right to information, access and opposition, rectification and deletion of data collected on him/her by the Bank.
11. Warning
The User is solely responsible for the risks associated with handling and using his or her connection device while browsing the Site.
The User is therefore strongly advised to take all appropriate measures to preserve the confidentiality of his/her requests, and to use a device equipped with security software to protect his/her data and avoid any malicious threat from a third party or from him/her.
12. Force majeure
The Bank cannot be held liable in the event of force majeure. For the purposes of these GCU, force majeure includes, without prejudice to its legal definition, any interruption, failure or malfunction of the Internet or the Internet provider, which may prevent the User from accessing the Site or its services.
13. Scope of titles
In the event that the headings contained in these General Terms and Conditions of Use should prove to be contradictory or ambiguous with regard to the rights and obligations they encompass, they shall be deemed non-existent, thus leaving the clauses duly agreed between the parties.
14. Autonomy clause
If any provision of this Agreement is declared null and void or modified by a final and binding court decision, such nullity or modification shall not affect the other provisions of the Agreement.
Accordingly, the Parties will endeavor in good faith to adapt the conditions of performance.
15. Proof
The User is reminded that under the provisions of Law No. 2008-08 of January 25, 2008 on electronic transactions, in particular article 42, the electronic signature has the same evidential value as the autograph signature.
In view of the foregoing, it has been agreed and determined that acceptance of these General Terms and Conditions of Use shall be exclusively by electronic means.
16. Jurisdiction and applicable law
Any dispute relating to the validity, interpretation and/or execution of these General Terms of Use shall be governed by Senegalese law.
The Senegalese courts have exclusive jurisdiction to rule on any dispute arising from these Terms of Use.
All rights reserved to BCI - SENEGAL.