In light of the outbreak of the Corona Virus COVID-19, Mauritius Telecom Ltd (“MT”, “We”, “Our”) is partnering with the Ministry of Health and Wellness (“MoHW”, the “Ministry”) to provide you (“You”, “Your”, User”, “Yourself”) with the beSafeMoris mobile application (the “beSafeMoris App”). All the content related to the COVID-19 including, without limitation, to health information, guidelines, tips, notices, photos, videos, articles and newsfeed (together the “Content”) as provided in the beSafeMoris App are owned and managed exclusively by the MoHW.
1.1 By accessing, downloading, installing, or using the beSafeMoris App, You agree to be bound by these terms and conditions of use and any documents referred to herein (the “Terms”), which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. If you disagree with any of these Terms, You must immediately discontinue your access to the beSafeMoris App and your use of the services offered on the mobile application.
1.3 By using the beSafeMoris App, You agree that the posting of new or revised Terms shall constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the beSafeMoris App after any such changes shall constitute your acceptance of such changes.
2. iOS AND ANDROID PLATFORMS
2.1 In order to use the beSafeMoris App, You must have a Google Play Store account, owned and operated by Google Inc., or an Apple ID on the Apple App Store, owned and operated by Apple Inc. Your use of the Google Play Store is governed by a legal agreement between you and Google Inc., consisting of the Google Terms of Service. Your use of the Apple App Store is governed by a legal agreement between you and Apple Inc.
2.2 You may not access or use the beSafeMoris App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.
3.1 The rights granted to you in the present Terms are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the beSafeMoris App;
(b) You acknowledge that the beSafeMoris App and its Content, features, and functionality are exclusively owned by MT and MoHW and are protected by, trademark, patent, and other intellectual property or proprietary rights laws in accordance with clause 5 hereunder.
(c) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the beSafeMoris App;
(d) You shall not access the beSafeMoris App in order to build a similar service; and
(e) You shall not remove or destroy any copyright notices or other proprietary markings found in the beSafeMoris App. Any future release, update, or other addition to any of functionalities of the beSafeMoris App shall be subject to the terms and conditions of these Terms.
3.2 Moreover, You agree not to use the beSafeMoris App to:
(a) Upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data;
(b) Collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
(c) Disable, overburden, impair, or otherwise interfere with servers or networks connected to the beSafeMoris App (e.g., a denial of service attack);
(d) Attempt to gain unauthorized access to the beSafeMoris App or servers or networks connected to the beSafeMoris App or any other application; or
(e) Interfere, in any manner whatsoever, with another user’s use and enjoyment of the beSafeMoris App.
We reserve the right, at any time, to modify, suspend, or discontinue the operation of the beSafeMoris App or any part thereof with or without notice. You agree that We will not, at all times, be liable to You or to any third party for any modification, suspension, or discontinuance of operation of the beSafeMoris App or any part thereof.
MT, MoHW and Our licensors (if and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the beSafeMoris App. The beSafeMoris App is licensed to you; this means that the beSafeMoris App is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the beSafeMoris App. The name, logo, and other names associated with the beSafeMoris App belong to MT and MoHW (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. MT and MoHW (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
6. YOUR PRIVACY
The beSafeMoris App is provided on “as is” and “as available” basis and MT expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
8. LIMITATIONS OF LIABILITY
Except in the case of its gross negligence or in respect of fraud and so far as is permitted by law, MT, the Ministry and their subsidiaries, agents and employees exclude responsibility and all liabilities arising from:
(a) any incorrect or inaccurate advertising, information, errors and/or omissions in the beSafeMoris App;
(b) accessing any such third-party application linked to the beSafeMoris App to which We have not endorsed;
(c) any technical failures or unavailability of the beSafeMoris App;
(d) network computer hardware or software failures of any kind; or
(e) Damages caused by the provision of any third party content, such as infringement of copyright, intellectual property rights or other rights of third parties.
You agree to defend us, indemnify Us and hold harmless MT, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to Your use of the beSafeMoris App or Your violation of any provision of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. MISCELLANEOUS PROVISIONS
(a) These Terms are governed by and shall be construed in accordance with the laws of Republic of Mauritius. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Courts of Mauritius.
(b) If for any reason any aspect of this beSafeMoris App is not capable of running as planned including by reason of tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of MT which corrupts or affects the administration, security, fairness, integrity or proper conduct of this beSafeMoris App, MT may in its sole discretion cancel, terminate, modify or suspend the beSafeMoris App.
(c) MT may, in exceptional circumstances beyond their control, terminate, modify or suspend the beSafeMoris App.
(d) The possible invalidity of one or more provisions of these Terms shall not invalidate the remaining provisions.
(e) The download and use of the beSafeMoris App is free of charge.