1. INTRODUCTION

1.1 YASMINE MARKET SERVICE (hereinafter "YASMINE MARKET") is operated by the company LANDOLSI TELECOM TECHNOLOGY L2T, whose registered office is at 27 Rue IBN CHARAF, 3ème Etage, A10, 1002 Tunis Belvédère, Tunisia, which is the exclusive ownership. Your use of Yamine Market is governed by these Terms of Use of YASMINE MARKET service (hereinafter referred to collectively as "Terms").

1.2 YASMINE MARKET can be used to browse the available Products, locate and download them to your Android mobile (the" Mobile"). By Products, means data files, applications, written texts, software for mobiles, music files, audio files or other sounds, photographs, videos and other images. You should note that some of these Products may be proposed by L2T while others will be made available by Third Parties not affiliated with L2T.

You agree that L2T is not responsible for products available on YASMINE MARKET emanating from a source other than L2T. In addition, some Products can be made freely available at your disposal while other Products will be charged. You agree that you are solely responsible for payement of the relative price on downloads from YASMINE MARKET.

1.3 TERMS MAY BE ACCEPTÉD EITHER (1) ONLINE, BY CLICK, WHEN YOUR AGREEMENT IS REQUESTED, EITHER (2) BY EFFECTIVE USE OF THE SERVICE OR YASMINE MARKET WEBSITE.

1.4 If you are under 18, you must obtain permission from your legal representative or guardian to use YASMINE MARKET service. In general, when using the service, you must ensure that you have or your legal representative or guardian has the legal capacity to contract.

2. PROVISION OF YASMINE MARKET SERVICE BY L2T

2.1 You agree that L2T may stop (permanently or temporarily) to put YASMINE MARKET (or certain characteristics of YASMINE MARKET) at your disposal or generally available to users , in its sole discretion and without prior notice.

2.2 You agree if L2T disables access to your account, you can be denied access to YASMINE MARKET, to elements of your account, to files or other Products that are stored in your account.

2.3 L2T can provide you with various payment processing systems in order to facilitate the downloading of YASMINE MARKET Products. You agree to submit to the relevant Terms Of Use or any other legal agreement governing your use of a particular payment processing, either with L2T or with a Third Party. You agree that L2T reserves the right to add or delete payment processing systems, in its sole discretion and without prior notice.

3. YOUR USE OF YASMINE MARKET

3.1 In order to access certain services on YASMINE MARKET you may be required to provide personal information such as your name, your address and certain contact details of the invoice. You agree that this information sent to L2T will always be accurate, correct and current.

3.2 You agree to use YASMINE MARKET only for purposes authorized (a) by Terms and (b) by any law, any regulation, any practice or principle applicable in the country. You agree to comply with all laws and regulations regarding the download,installation and/or use of Products.

3.3 You agree not to access (or not to attempt to access) YASMINE MARKET by any means other than the interface provided by L2T, unless you have been specifically authorized to do so by a separate agreement with L2T. You specifically agree not to access (or not to attempt to access) YASMINE MARKET by automated means (such as the use of means of transcription,robots or similar technologies).

3.4 You agree that you engage in any activity likely to obstruct or interrupt the operation of YASMINE MARKET (or the servers and networks that are connected to YASMINE MARKET). You agree that you will not use any of the Products found on YASMINE MARKET in a way that would be likely to obstruct or interrupt the operation of servers, networks or websites used by L2T or by a Third Party.

3.5 You agree not to reproduce, copy, sell, give or resell YASMINE MARKET in any purpose whatsoever, unless you have been specifically authorized to do so by a separate agreement with L2T.

3.6 You agree that you are solely responsible (and L2T has no responsibility to you or in respect of Third Party) of your YASMINE MARKET use or of Products found on YASMINE MARKET, of any breach of your obligations under Terms and consequences of the violation (including the loss or damage of any nature whatsoever which may be suffered by L2T on this occasion).

3.7 You agree to comply with all applicable tax laws ,as well as reporting requirements and payment of all taxes related to your use of YASMINE MARKET or downloading Products through YASMINE MARKET, you agree that the declaration and payment of these fees are your sole responsibility.

3.8 You agree that are L2T and/or Third Parties which own all rights, titles and interests related to YASMINE MARKET and Products available through YASMINE MARKET, and including all intellectual property rights relating to Products. The term "Intellectual Property Rights", means all intellectual property rights existing anywhere in the world, at anytime (including all applications), including patents, copyrights, trade secret marks, know-how, confidential information, trade names and domain names, computer programs, trademarks and service trademarks, industrial designs, topography rights and of semi-conductor products, rights to the databases, intangible assets, right to act in unfair competition or parasitism and other exclusive property rights worldwide. You agree to

  • (i) Not copy, sell, licence, distribute, transfer, modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code Products, except otherwise specifically authorized , and to authorize any Third Party to do so,
  • (ii) Not to perform any action to circumvent security policies in place or applied to Product features or to deprive such measures effect (which includes the technical protection measures or measures locking),and allow any Third Party to do so,
  • (iii) Not use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or right of Third Parties, and allow any Third Party to do so or (iv) shall not remover, hide or alter any notices regarding copyright, trademark or other proprietary right of property belonging to L2T or Third Parties and would be placed on Products or contents therein,and authorize any Third Party to do so.

3.9 L2T reserves the right,but by no means have any obligation to do so, to pre-screen, review,report,filter, modify, refuse or remove any YASMINE MARKET Product. However, you agree that when using YASMINE MARKET you may be exposed to Products that you may find offensive, indecent or objectionable. So you agree that your use of YASMINE MARKET is at your own risk.

4. AUTOMATIC UPDATES.

Products developed by L2T remain in constant connection with the L2T servers to check for updates available for these Products, such as correcting the problems, the supply of patches to improve product safety, advanced features of missing plug-ins and new versions (hereinafter referred to collectively as "Updates"). By installing these Products, you agree that there will be processed to these Updates automatically.

5. INDEMNIFICATION

You agree to challenge, to indemnify and hold harmless of L2T, its affiliates and their directors, officers, employees and agents against all claims, actions, suits or proceedings and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from your use of YASMINE MARKET in violation of these Terms, including your downloading, installation or use of the Products.

6. TERMINATION

6.1 Terms will remain in effect until terminated by yourself or by L2T under the Terms described below.

6.2 If you wish to terminate these Terms, you may do so by ceasing to use YASMINE MARKET and the Products downloaded through YASMINE MARKET.

6.3 L2T may anytime terminate these terms with you if : (A) you ignore any of the provisions of Terms ; or (B) L2T is required by law to do so ; or (C) L2T decides that it will no longer provide YASMINE MARKET.

6.4 On termination of these Terms, all the rights, obligations and liabilities that you and L2T have benefited or to which you have submitted (or are acquired during the Term of these Conditions) or which are expressly provided for an indefinite period, will not be affected by such termination and the provisions of clause 9.6 will continue to apply to such rights, obligations and liabilities indefinitely.

7. DICLAIMER OF WARRANTIES

7.1 You read and you expressly agree that your use of YASMINE MARKET and any Product downloaded or otherwise obtained through YASMINE MARKET, is at your own risk and that YASMINE MARKET is provided as is and subject to availability, WITHOUT WARRANTY of any nature whatsoever.

7.2 Your use of YASMINE MARKET or any Product downloaded or otherwise obtained through YASMINE MARKET, is at your sole discretion and at your own risk and you are solely responsible for any damage caused to your computer system, to your mobile or other device and any other data loss may result from such use.

7.3 L2T does not provide warranties of any nature whatsoever, whether express or implied, including without limitation, any warranties on Products downloaded or otherwise obtained through YASMINE MARKET, any guarantee of quality, satisfaction and product adaptation for a particular purpose or compliance with laws and regulations in force.

8. LIMITATION OF LIABILITY

You EXPRESSLY READ and YOU AGREE that L2T, its subsidiaries, its affiliates and its licensors will not see their liability in contract or tort to you with regard to any indirect, special or other you are likely to incur following the use of YASMINE MARKET or Products downloaded or otherwise obtained, including without limitation loss of data. Imitations of liability mentioned above apply only L2T or its representatives have been informed or not or have not had the take or become aware of the possibility of occurrence of such damages.

9. GENERAL LEGAL TERMS

9.1 These Terms constitute the entire agreement between the parties concerning your use of YASMINE MARKET and Products. They completely replace any prior agreements between you and L2T on YASMINE MARKET and Products. Each party confirms that, by adhering to these Terms, it did not rely on commitments or statements that are not expressly incorporated herein.

9.2 The parties agreed that L2T may, at anytime, modify its services and/or the Terms of these Conditions, particularly given the technical and factual changes to regulations, service and technologies. You are responsible for regularly reviewing YASMINE MARKET General Terms Of Use.

9.3 You agree that failure to exercise or enforcement by L2T of a right or a legal remedy under these Terms (or which L2T benefits under any applicable law) does not constitute a waiver. L2T will continue to benefit from these rights or remedies.

9.4 The rights granted by these Terms may not be assigned or transferred by yourself nor by L2T without the prior written consent of the other party. Neither you nor L2T will be allowed to pass on their responsibilities or obligations under these Terms without the prior written consent of the other party.

9.6 These Terms, and your relationship with L2T under these Terms will be governed by and construed in accordance with the Tunisian law. The parties agree to submit any dispute concerning the Terms or born on the occasion of the latter to the exclusive jurisdiction of competent courts in Tunis, Tunisia.

Done at Tunis on 15 November 2011