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Terms


Terms & Conditions

Access to the eSanou application, its consultation and its use are subject to the unreserved acceptance of these General Conditions of Use of eSanou.com

Questions about our company? Please contact us by email. We leave you the right to explain your situation in detail. The dedicated team will take all necessary measures to satisfy you in response within a reasonable time.

To simplify our procedures, please indicate in your request the email address to which you should send our response.

eSanou.com is managed and operated by Delphoma, registered in the Banfora Trade and Companies Register under number BF-BFR2016A106, whose registered office is at BP: 73 Banfora, Burkina Faso. eSanou is hosted by EvxOnline which is a Web Housting industry based in France.

GENERAL CONDITIONS OF USE OF THE ESANOU SERVICE

  1. Preamble: definitions

Each of the terms that will be used in these General Conditions of Use of the eSanou platform will have the following meanings:

Buyer : designates any User who is an adult natural person holding a Personal Account who buys or wishes to buy one or more Goods on the Site from a Seller.

Advertisement : refers to the set of elements and data (visual, textual, photographs, drawings), submitted by an Advertiser under his editorial responsibility, with a view to buying, renting or selling a property or to offer or seek a service or employment and disseminated on the Site and the Applications.

Advertiser : refers to any natural person of full age or legal entity established in one of the countries where eSanou is available, holder of a Professional or Personal Account, and having submitted and placed an Advertisement online via the eSanou Service.

The Advertiser & "Individual": This is any natural person of legal age, acting exclusively for private purposes, established in one of the Countries where eSanou is available and having submitted and placed an Advertisement online from the Website, and/or Apps.

All Private Advertisers must imperatively hold a Personal Account to submit and manage their Advertisements.

The "Professional" Advertiser : This is any legal person. By legal person, we mean any entity endowed with legal personality, which allows it to be the direct holder of rights and obligations instead of natural or legal persons who make it up or who created it (among other companies, associations, companies, economic interest groups, public and private establishments); established in one of the Countries where eSanou is available and filing Ads from the Applications exclusively for professional purposes.

All Professional Advertisers must imperatively hold a “Professional Account” to submit and manage their Advertisements.

The following activities can be assimilated to a professional activity:

  • resell items purchased for this purpose and not for personal use,
  • sell items created by the Advertiser,
  • regularly sell a large volume of items,
  • the sales allowing to generate profits and generate a substantial income.

Applications : means the Android application downloadable for free on an Android phone from Google Play Store, and the application for iPhone and iPad downloadable from the Apple App Store for free on an iPhone or iPad, allowing Users and Advertisers to access the eSanou service.

Personal Account : refers to the free space, accessible from the web and mobile Applications, that any Individual Advertiser must create, and from which he can distribute, manage and view his Advertisements.

Professional Account : refers to the space accessible from the Site and the Applications, which all Professional Advertisers must create, and from which they can distribute, manage, view their advertisements and place their orders.

eSanou Service : refers to the eSanou services made available to Users and Advertisers on its web and mobile Applications.

User : designates any visitor, having access to the eSanou Service via the web and mobile Applications, and consulting the eSanou Service, accessible from the various media.

  1. Use of the eSanou service

2.1. General rules

Any User – any Advertiser declares to be informed that he must, in order to access the eSanou Service, have Internet access subscribed to with an ISP (Internet service provider) of his choice, the cost of which is his load.

The Advertiser undertakes, where applicable, to respect and maintain the confidentiality of the Login Identifiers for his Personal Account or Professional Account and expressly acknowledges that any connection to his Personal or Professional Account, as well as any transmission of data from his Personal or Professional Account will be deemed to have been made by the Advertiser.

Any loss, misappropriation or use of Login Identifiers and their possible consequences are the sole and entire responsibility of the Advertiser.

The Advertiser is informed and accepts that for technical reasons, his Ad will not be broadcast instantly after it has been posted on the web and mobile Applications.

Any published Announcement will be broadcast on the web and mobile Applications

2.2. Features

The eSanou Service offered to Users and Advertisers varies according to the communication medium used.

  1. Features accessible to Advertisers and non-logged-in (logged-in) Users from the web and mobile Applications:
  • The consultation of all the Advertisements broadcast
  • Contact with Advertisers
  • automatic ad search

.

  1. Features accessible from the Applications to logged-in Individual Advertisers:
  • The ad deposit
  • Automatic ad search
  • Ad management via the "My ads" tab of the Personal Account
  • The modification and deletion of Announcement
  1. Features from the Applications accessible to Logged-in Professional Advertisers

The deposit of Announcement by paying the cost of deposit (except for the promotional period of eSanou)

Ad management via the "My ads" tab of the Professional Account:

  • ad removal
  • the modification of Announcement

Access and management of the Professional Account:

The management at any time of the personal information provided when creating the Professional Account:

  • Mandatory information: title, surname, first name, email address, password, telephone number.

2.3. Personal data

Any processing of personal data hereunder is subject to the

provisions of our privacy policy.

  1. Ad Moderation

3.1. eSanou reserves the right to delete, without notice or compensation or right to reimbursement, any Ad that does not comply with the distribution rules of the eSanou Service and/or that is likely to infringe the rights of a third party.

3.2. It is allowed for any User to report abusive content from the Site and Applications by leaving us an email via the address delphoma@gmail.com with the descriptions of the ad in question.

  1. LIABILITY AND GUARANTEES

4.1. Advertiser's commitment

The Advertiser guarantees that the Advertisement does not infringe any third-party rights (in particular intellectual property rights and personality rights) and that it does not contain any defamatory or harmful message with regard to third parties.

The Advertiser agrees in particular that the Advert does not contain:

  • no false, misleading or misleading information for Users
  • no content infringing the intellectual property rights of third parties

The Advertiser undertakes to offer in the Advertisements only available goods which it has.

The Advertiser undertakes, in the event of unavailability of the property, to proceed with the withdrawal / deletion of the Advertisement from the eSanou Service as soon as possible.

The Advertiser undertakes to provide a description of the Property that complies with the following statements:

  • New: Well unused, complete, with unopened packaging and instructions for use.
  • Used: Although already used, but in good condition and can be resold

The Advertiser declares to know the extent of distribution of the eSanou web and mobile applications, and to have taken all precautions to comply with the legislation in force in the places of reception and to release eSanou from all responsibilities in this regard.

In this context, the Advertiser declares and acknowledges that he is solely responsible for the content of the Advertisements that he publishes and makes accessible to Users, as well as any document or information that he transmits to Users.

The Advertiser assumes full editorial responsibility for the content of the Ads it publishes.

Consequently, the Advertiser relieves eEsanou, its subcontractors and suppliers, of all responsibilities, guarantees them against any recourse or action in relation to the Advertisement which could be brought against them by any third party, and will bear all the damages as well as the costs and expenses to which they could be condemned or which would be provided for against them by a transactional agreement signed by the latter with this third party, notwithstanding any damages which eSanou, its subcontractors and suppliers could claim due to the harmful acts of the Advertiser.

By depositing any Ad, each Advertiser acknowledges and accepts that eSanou may delete, or refuse, at any time, without compensation or right to reimbursement of the sums incurred by the Advertiser for the purposes of its deposit or subscription to Paid Options, a Announcement which would be contrary in particular to Burkinabè law, to the distribution rules of the eSanou Service as established and/or likely to infringe the rights of third parties.

Any Ad is broadcast, from the day of its filing, simultaneously on the web and mobile Applications for a maximum period of 30 days (with the exception of Premium Ads).

After this initial 30-day period, eSanou deletes said advertisement and offers the advertiser to repost it for another 30 additional days in the event that the product/service of the advertisement is still relevant.

The Advertiser also agrees that his Personal Account and/or Professional Account does not contain:

  • no false and/or misleading mandatory information
  • no information infringing the rights of a third party

In this context, the holder declares and acknowledges that he is solely responsible for the information provided when creating his Personal Account and/or his Professional Account.

By creating a Personal Account and/or a Professional Account, each holder acknowledges and accepts that eSanou may delete, at any time, without compensation or right to reimbursement of the sums incurred by the Advertiser for the purposes of subscription to Paid Options, an account which would be contrary in particular to Burkinabè law and/or the distribution rules set by eSanou.

4.2. Security Rules, Responsibilities and Obligations of eSanou

To ensure safety, buyers are required to follow these recommendations from eSanou:

  1. Do not pay without first seeing and checking the product
  2. Do not send money to the seller by bank transfer, money transfer or any other similar means
  3. Make an appointment with the sellers in a public place.

eSanou can in no way be held responsible for the content of the Ads published by the Advertisers and gives no guarantee, express or implicit, in this respect.

eSanou is a third party to correspondence and relations between Advertisers and Users, and therefore excludes all liability in this regard.

In addition, eSanou declines all responsibility for scams that a user may have suffered through non-compliance with security rules or through any other inadvertence. 

4.3. Limitation of liability

eSanou undertakes to implement all necessary means to ensure the best supply of the eSanou Service to Users and Advertisers.

However, eSanou declines all responsibility in the event of:

- interruptions, breakdowns, modifications and malfunctions of the eSanou Service, regardless of the communication medium used and whatever their origin and provenance, loss of data or information stored by eSanou.

Advertisers are responsible for taking all necessary precautions to keep the Advertisements they publish via the eSanou Service; temporary impossibility of access to the web and mobile Applications due to technical problems and whatever their origin and source, direct or indirect damage caused to the User or the Advertiser, whatever the nature , resulting from the content of the Ads and/or from the access, management, Use, exploitation, malfunction and/or interruption of the eSanou Service, abnormal use or illicit exploitation of the eSanou Service by any User or Advertiser, computer attack or hacking, deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet network.

eSanou can only be held liable for direct damages suffered by the Advertiser, resulting from a breach of its contractual obligations as defined in these General Conditions of Use. The User – the Advertiser therefore waives the right to seek compensation from eSanou for any reason whatsoever, for indirect damages such as loss of profit, loss of opportunity, commercial or financial prejudice, increase in overheads or losses originating or being the consequence of the execution of the present.

Any User and Advertiser is then solely responsible for the damage caused to third parties and the consequences of the claims or actions that may result therefrom. The User also waives the right to exercise any recourse against eSanou in the event of proceedings brought by a third party against him as a result of the Use and/or illicit exploitation of the eSanou Service in the event of loss by a User or an Advertiser. of his password or in the event of usurpation of his identity.

  1. INTELLECTUAL PROPERTY

5.1. All intellectual property rights (such as in particular copyright, trademark rights, rights of database producers) relating to both the structure and the content of the Site and the Applications and in particular the images, sounds, videos, photographs, logos, brands, graphic, textual, visual elements, tools, software, documents, data, etc. are reserved.

Any use not expressly authorized of these elements of the Website and of the

Applications infringes copyright and constitutes infringement. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It can therefore engage the civil and/or criminal liability of its author.

5.2. It is prohibited for any User and Advertiser to copy, modify, create a derivative work, reverse design or assembly or in any other way attempt to find the source code, sell, assign, sublicense or transfer in any way or any rights relating to the Elements.

All Users and Advertisers of the eSanou Service undertake in particular not to:

  • reproduce on any other medium, for commercial or non-commercial purposes, all or part of the information or classified ads present on the eSanou Service and on the web and mobile Applications allowing to reconstitute all or part of the original files;

Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of these elements in any way whatsoever, made without the prior written authorization of eSanou is illegal. These illicit acts engage the responsibility of its authors and are likely to lead to legal proceedings against them and in particular for counterfeiting.

5.3. eSanou reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

5.4. The content of the Ads posted belongs to the Advertisers, however, by posting Ads on the Website, the Advertiser grants Users the non-exclusive right to access the Content via the eeSanou Service and to use and represent the Content in the extent authorized by the functionalities of the eSanou Service, and this for the whole world.

  1. MISCELLANEOUS

6.1. eSanou reserves the right, at any time, to modify or interrupt the accessibility of all or part of the eSanou Service and/or the web and mobile Applications.

6.2. eSanou reserves the right to modify, at any time, all or part of the general conditions of use of the eSanou service.

Users and Advertisers are invited to regularly consult these general conditions of use in order to be aware of any changes made.

The Use of web and mobile applications by Users and Advertisers constitutes acceptance by the latter of the modifications made to the General Conditions of Use.

6.3. If part of the General Conditions of Use were to prove illegal, invalid or inapplicable, for any reason whatsoever, the provisions in question would be deemed unwritten, without calling into question the validity of the other provisions which will continue to apply. between Users, Advertisers and eSanou.

These General Conditions of Use are subject to Burkinabè Law.