Terms of Use
If you are reading these terms of use ('the Terms') on digiwave.cawtar.org ('the website'), you agree to comply with this version of the Terms, whether you are a registered user ('user') or simply a visitor.
The website and the application are hereinafter referred to collectively as 'the platform'.
The Terms govern your access to our Platform and to the services we offer through the Platform, as well as the relationships between Users. The users and the company are collectively referred to as the parties and individually as a party.
If you wish to be informed of how we handle your personal data, please read our privacy policy.
If you do not agree with the terms of these conditions, please do not use the Platform.
In order to deliver the best content and provide the best experience, the platform and the services offered must be based on rules that ensure the security of your personal data, the intellectual property of the content and compliance with the law. These Terms apply to all platforms and activities, whether on the website, the mobile application or any other associated service ('Services').
1 Account
Every user must register on the site in order to access all of the content offered.
When setting up an account, the user must provide accurate and complete information, including a valid email address.
The user must update their account regularly so that this information remains accurate and complete.
The user is entirely responsible for their account and for everything that happens on it, including any harm or damage caused to the company, to the trainer or to any third party by another person using that account, even without the user's authorisation.
Every account is personal and individual; the user may not transfer their account to another person, nor use a third party's account. If it is shown that the account has been used in a manner contrary to these Terms, the account will be closed.
Sharing login credentials with anyone is prohibited. The user is solely responsible for what happens on their account, and the company will not intervene in disputes between participants or trainers.
The company, through its support team, may request additional information from users of suspicious accounts in order to verify the identity of the account holder.
Any user may close their account at any time. Please read our Privacy Policy to find out what happens when you delete your account.
The company grants users a limited, non-exclusive, non-transferable licence to access and view the content for which all required fees have been paid, solely for personal, non-commercial and educational purposes through the Services, in accordance with these Terms and with any condition or restriction attached to specific content or to a specific feature of the Services provided on the platform.
Any other use is strictly prohibited. Under the applicable law, it is prohibited to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit or otherwise transfer or use any content, to create derivative works from it or to sub-licence it without having received express authorisation from the company to that effect.
An unlimited access licence is granted to participants when they enrol in a course or other content. However, the company reserves the right at any time to revoke any licence granting access to and use of any content, should it decide or be required to disable access to that content because it conflicts with the applicable legislation or with its policies.
This may be the case, for example, if a course is the subject of a copyright complaint, or if its content is found to breach community standards.
This unlimited access licence does not apply to the additional features and services associated with the course or other content the user has enrolled in. For example, a trainer may decide at any time to stop providing question-and-answer or teaching-assistance services in connection with their content. In other words, unlimited access applies only to the course content, which is delivered 'as is'.
A trainer may not grant access licences to their content directly to participants. Any such direct licence shall be null and void and constitutes a breach of these Terms.
2 Use of the platform
Although the company has selected the best experts and the best courses on the market, it exercises no editorial control over the content available on the platform and, as such, gives no warranty whatsoever as to the seriousness, soundness, accuracy or truthfulness of the content. If you access content, you rely on any information provided by a trainer at your own risk.
By using the Services you may be exposed to content that you consider offensive, obscene or shocking. DIGIWAVE is under no obligation to protect you from such content and is not responsible for your access to, or enrolment in, any course or other content, to the extent permitted by applicable law. The same applies to all content relating to health, well-being and physical activity. You acknowledge the risks and dangers inherent in the demanding nature of such content and, by accessing it, you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability or death. You assume full responsibility for the choices you make before, during and after accessing content.
3 Rights and ownership
The company owns this platform and the Services derived from it, including the website, current and future applications and services, our logos, our APIs, our code and the content created by our employees. You may not alter or use these elements without our authorisation.
All rights, title and interest in and to the platform and the DIGIWAVE Services, including our website, our current or future applications, our APIs, our databases, and the content that our employees or partners submit or provide through our Services, are and shall remain the exclusive property of the company. Our platforms and services are protected by copyright, trademark rights and other laws in Tunisia and in other countries. Nothing gives you the right to use the DIGIWAVE name or any trademark, logo, domain name or other distinctive feature of the DIGIWAVE brand.
You may not do any of the following when accessing or using the platform and the DIGIWAVE Services:
Access, alter or use non-public areas of the platform (including content storage), DIGIWAVE computer systems, or the technical systems of DIGIWAVE service providers.
Disable, disrupt or attempt to circumvent any security-related feature of the platforms, or examine, analyse or test the vulnerability of any of our systems.
Copy, modify, create a derivative work from, reverse engineer, disassemble, or otherwise attempt to discover any source code of our content on the platform and the DIGIWAVE Services.
Access, search, or attempt to access our platform by any means (automated or otherwise) other than by using the search features currently made available through our website, our mobile applications or our APIs (and only under the terms and conditions of those APIs). You may under no circumstances use a robot (crawler, scraper or otherwise) or any other automated means to access the Services.
4 Binding agreement
You agree that, by registering for and accessing or using our Services, you accept to be bound by a legally binding contract with DIGIWAVE. If you do not accept these Terms, do not register for, access or use our Services.
Any version of these Terms published in a language other than English is provided for convenience only. You understand and agree that, in the event of a conflict, the French-language version shall prevail.
These Terms (including all terms of use, guidelines and policies referred to in these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable under the applicable law, the provision concerned shall be deemed replaced by a valid and enforceable provision whose intent most closely matches that of the original provision, and the remainder of these Terms shall remain in force.
Even if we are slow to exercise our rights, or fail to exercise a right in a particular case, this does not mean that we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular case, this does not mean that we waive our rights generally or in the future.
5 Disclaimer
The platform may sometimes be unavailable, whether because of planned maintenance or because of a problem with the website. One of our trainers may sometimes make misleading statements in their content. We may also encounter security-related problems. These are only examples. You waive any claim against us in any such case where things do not go as expected. In fuller legal terms, the Services and their content are provided 'as is' and 'as available'. We (and our affiliates, suppliers, partners and agents) make no representation and give no warranty as to the relevance, reliability, availability, timeliness, security, error-free nature or accuracy of the Services or their content, and expressly disclaim any warranty or condition (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We (and our affiliates, suppliers, partners and agents) give no warranty whatsoever that you will obtain specific results by using the Services. Your use of the Services (including any content) is entirely at your own risk. As some countries do not allow the exclusion of implied warranties, some of the above exclusions may not apply to you.
We may decide to stop making certain features of the Services available at any time and for any reason. In no event shall DIGIWAVE or its affiliates, suppliers, partners or agents be held liable for any damage arising from such interruptions or from such unavailability of those features.
We are not liable for delays in or failures of performance of any of our Services caused by events beyond our control, such as an act of war, hostility or sabotage; a natural disaster; a failure of electricity, Internet or telecommunications networks; or government restrictions.
6 Limitation of liability
There are risks inherent in the use of our Services, for example if you access content in the health and well-being category, such as a yoga class, and you injure yourself. You fully accept these risks and waive any claim and any action for damages against DIGIWAVE should you suffer loss or damage in connection with the use of our platform and our Services. In fuller legal terms, to the extent permitted by law, we (and the group companies, our suppliers, partners and agents) shall not be held liable for indirect, incidental, punitive or consequential damages (including loss of data, revenue, profits, business opportunities, bodily injury or death), whether in contract, warranty, tort, product liability or otherwise, even if we have been advised in advance of the risk of damage.
7 Governing law and dispute resolution
These Terms shall be construed in accordance with Tunisian law and legislation, without regard to its conflict-of-laws principles, and this for all users in Africa.
Any dispute arising from the use of the platform or the services, from the formation, performance, interpretation, cancellation or termination of these terms, or arising from them in any way whatsoever, shall be settled amicably and, if necessary, through mediation. Should the settlement of the dispute fail or mediation be refused, the courts of Tunis shall have exclusive jurisdiction.
8 Updates to these Terms
From time to time we may update these Terms in order to clarify our practices or to incorporate new or different practices (when we add new features, for example). DIGIWAVE reserves the right to revise or amend these Terms at any time and at its sole discretion. When we materially change these Terms, we will inform you clearly, in particular through notifications sent to the email address specified in your account or through an information notice published on our Services. Unless stated otherwise, any change takes effect on the day it is published.
If you continue to use our Services after the changes come into force, this means that you accept those changes. The revised version of these Terms will replace all earlier versions of these Terms.
