Terms of Use and Sale

Preamble

The purpose of these Terms of Use and Sale (hereinafter the “Terms”) is to define the conditions and procedures under which STE UNZIPTECH SARL, a limited liability company under Moroccan law, registered with the Trade Register of Fez under number 86491, identified under the Common Company Identifier (ICE) No. 003976166000014, whose registered office is located at Office No. 23, 5th floor, Les Bureaux Alwaha, No. 10 Machraa Belksiri Street VN, Fez 30000, Morocco (hereinafter “Unziptech” or the “Publisher”), makes available to Users the digital rental platform named “RentalMe”, accessible at www.rentalme.ma as well as through any associated mobile application (hereinafter the “Platform” or the “Solution”).

RentalMe is a SaaS (Software as a Service) solution connecting, on the one hand, owners, agencies and professionals in the rental of vehicles, real estate, equipment and services, and, on the other hand, renting clients, allowing them to publish, search, compare, book and manage rental operations in a simple, secure and organized manner.

These Terms are concluded in accordance with the provisions of the Dahir of August 12, 1913 forming the Code of Obligations and Contracts (hereinafter the “DOC”), Law No. 53-05 on the electronic exchange of legal data, as supplemented by Law No. 43-20 on trust services for electronic transactions, Law No. 31-08 enacting consumer protection measures, Law No. 09-08 on the protection of individuals with regard to the processing of personal data, Law No. 17-97 on the protection of industrial property as amended and supplemented, and Law No. 2-00 on copyright and related rights.

ANY ACCESS TO THE PLATFORM, ANY ACCOUNT CREATION AND ANY USE OF THE SERVICES CONSTITUTE FULL, COMPLETE AND UNRESERVED ACCEPTANCE OF THESE TERMS. Any User who does not accept all or part of these Terms must refrain from using the Platform.

Article 1 – Definitions

For the purposes of these Terms, the following capitalized terms, have the following meaning:

• “Platform” or “Solution”: the RentalMe SaaS solution, accessible at www.rentalme.ma and via any mobile application published by Unziptech, including all of its features, interfaces, databases and content.
• “Publisher” or “Unziptech”: STE UNZIPTECH SARL, as identified in the Preamble, owner and operator of the Platform.
• “User”: any natural or legal person who accesses the Platform or uses the Services, in any capacity whatsoever, whether a Client or a Partner.
• “Client” or “Renter”: any User, an adult natural person with legal capacity or a legal person, who searches for, books or rents an Asset or Service through the Platform.
• “Partner” or “Agency”: any owner, rental agency or professional, duly authorized to carry out their activity, who publishes Listings and offers Assets or Services for rental via the Platform, where applicable under a Subscription.
• “Asset(s)” or “Rented Service(s)”: the vehicles, real estate, equipment or services offered for rental by the Partners via the Platform.
• “Listing”: any rental offer published by a Partner on the Platform (descriptions, photographs, rates, conditions, availability).
• “Account”: the secure personal space created by the User on the Platform, accessible by means of strictly personal and confidential credentials.
• “Subscription”: the paid or free access plan (free, basic, medium, premium or customized) taken out by a Partner to benefit from the professional features of the Platform.
• “Rental Contract”: the contract concluded directly and exclusively between a Partner and a Client relating to the rental of an Asset or Service, to which Unziptech remains a third party.

Article 2 – Purpose

The purpose of these Terms is to define the conditions of access to and use of the Platform, as well as the respective rights and obligations of Unziptech and the Users. Together with the Privacy Policy and, where applicable, the special Subscription conditions taken out by the Partners, they constitute the entire contractual relationship between Unziptech and the User with respect to the use of the Platform.

In the event of a contradiction between these Terms and special conditions concluded in writing with a Partner, the stipulations of the special conditions prevail within the limits of their purpose.

Article 3 – Acceptance and Enforceability of the Terms

Acceptance of these Terms is carried out electronically, by ticking a box provided for this purpose when creating the Account or, failing that, by any act of use of the Platform. In accordance with Articles 2-1, 65-1 et seq. and 417-1 et seq. of the DOC, as introduced by the aforementioned Law No. 53-05, this electronic acceptance has the same probative force as an acceptance given on paper and binds the User in the same way as a handwritten signature.

Unziptech reserves the right to modify these Terms at any time in order to adapt them to legal, regulatory, technical, functional or commercial developments. Users will be informed of any substantial modification by any appropriate means (notification on the Platform or email) at least fifteen (15) days before its entry into force. Continued use of the Platform after the entry into force of the modified Terms constitutes acceptance thereof. Any User who refuses the modified Terms must cease all use of the Platform and may request the closure of their Account.

Article 4 – Access to the Platform and Account Creation

4.1. Access Conditions

Access to the Platform is reserved for adult natural persons with full legal capacity within the meaning of Articles 3 et seq. of the DOC and the provisions of the Family Code, as well as for duly constituted legal persons, acting through a duly authorized representative.

4.2. Account Creation

Use of the Services requires the creation of an Account. The User undertakes to provide accurate, complete, truthful and up-to-date information, and to keep it as such throughout the entire duration of use of the Platform. Any identity theft, false declaration or creation of a fictitious account exposes its author to the sanctions provided for by Moroccan legislation, in particular the Penal Code, and authorizes Unziptech to immediately suspend or delete the Account concerned.

4.3. Credentials

Login credentials (username and password) are strictly personal and confidential. The User is solely responsible for their safekeeping and use. Any connection or operation carried out using the User's credentials is deemed to have been carried out by the latter. In the event of loss, theft or fraudulent use of their credentials, the User must inform Unziptech without delay at [email protected].

4.4. Verification

In order to strengthen trust between Users and prevent fraud, Unziptech may make the publication of Listings, the activation of certain features or the validation of profiles subject to a verification process (proof of identity, professional documents – trade register, operating authorization, tourist transport license where applicable –, documents relating to the Assets, etc.). Unziptech reserves the right to refuse, suspend or withdraw any Listing or any profile that does not satisfy this process, without its liability being incurred as a result. This verification constitutes an obligation of means and cannot be construed as a guarantee, by Unziptech, of the quality, legality or conformity of the verified Assets, Listings or Users.

Article 5 – Description of the Services

The Platform allows in particular:

• Clients: to search for available Assets or Services, filter results (city, category, price, availability…), consult detailed Listings and reviews, submit booking or rental requests, pay securely online the share of the price due when their booking is accepted, track their bookings and post reviews.
• Partners: to create a professional profile, publish and manage their Listings, manage their availability, receive and process booking requests, track their transactions and statistics by means of a dashboard, and access advanced services depending on the Subscription plan taken out (listing promotion, real-time tracking, alerts, reports, personalized assistance…).

Unziptech reserves the right to evolve the content and features of the Platform at any time, provided that it does not substantially degrade the essential services subscribed to by the Partners under a current Subscription.

Article 6 – Role of Unziptech: Intermediary and Technical Provider

Unziptech acts exclusively as a technical service provider and connecting intermediary. Unziptech is neither a rental company, nor a lessor, nor a real estate agent, nor a carrier, nor an agent of any of the parties to the Rental Contract, and is in no case a party to the Rental Contracts concluded between the Partners and the Clients.

Each Partner remains solely responsible for the lawfulness of their activity, for holding the authorizations, approvals, licenses and insurance required by the Moroccan regulations applicable to their sector (in particular the regulations relating to the rental of cars without a driver and the legislation applicable to leases and real estate rentals), for the conformity, condition and safety of the Assets offered, as well as for the performance of the Rental Contracts and the related tax and social obligations.

Article 7 – Obligations of Users

Without prejudice to the other obligations stipulated herein, each User undertakes to:

• use the Platform in accordance with its intended purpose, these Terms, public order, good morals and the laws and regulations in force in the Kingdom of Morocco.
• provide accurate, lawful, complete and up-to-date information and content, and hold all the rights and authorizations necessary for the published content (photographs, descriptions, documents).
• not to undermine, or attempt to undermine, the integrity, availability or security of the Platform and its systems, in accordance in particular with Law No. 07-03 supplementing the Penal Code with regard to offenses relating to automated data processing systems and Law No. 05-20 on cybersecurity.
• not to introduce any virus, malicious code, robot, scraper or any other automated data extraction device without the prior written authorization of Unziptech.
• not to circumvent the Platform by soliciting or concluding off the Platform a transaction initiated through it with the aim of evading service fees or commissions.
• not to publish defamatory, insulting, discriminatory, misleading, fraudulent or infringing content, or listings relating to illegal goods or services.
• pay the amounts due in respect of bookings, Subscriptions, commissions and service fees, according to the pricing conditions in force brought to their attention prior to any commitment, in accordance with the pre-contractual information obligations provided for by the aforementioned Law No. 31-08.

Article 8 – Bookings, Prices and Payments

8.1. Booking Process

Any booking request made by a Client constitutes an offer to contract addressed to the Partner concerned, under the conditions displayed on the Listing. The Rental Contract is concluded directly between the Client and the Partner when the Partner accepts the request; Unziptech is not a party to it. The Client is advised to check all the information in the Listing (price, conditions, security deposit, excess, condition of the Asset) before sending the request.

8.2. Prices and Service Fees

Rental prices are freely set by the Partners and displayed in Moroccan dirhams (MAD), all taxes included, unless expressly stated otherwise. RentalMe's service fee is added to them, paid by the Client and worked out on the rental price.

The price is paid in two parts:

• Online, at the acceptance: the service fee and the Partner's commission, worked out on the rental price: at the standard rates, 15% of the rental price (a 5% service fee and a 10% commission). This part is deducted from what the Client owes the Partner.
• To the Partner, at pickup: the rest of the rental price and, where applicable, the delivery fee and the options paid to the Partner.

Before sending the request, the Client sees the total they will pay, the part paid online and the part paid at pickup, with the rates that apply to the Listing, in a clear, legible and understandable manner, in accordance with Articles 3 et seq. of Law No. 31-08. Partners are informed of the Subscription conditions in the same way before any commitment.

8.3. Secure Payment

The online payment is processed by a payment service provider approved in accordance with Law No. 103-12 on credit institutions and similar bodies, on its secure page. Unziptech does not store complete bank card data.

• When the request is sent: a card hold (authorisation) is placed on the Client's card for the amount shown with the request; nothing is charged.
• When the Partner accepts: only the part paid online (article 8.2) is charged; the rest of the hold is released.
• If the Partner declines or does not answer: the hold is released in full and nothing is charged.

How long a hold takes to be released, and a refund to arrive, depends on the Client's bank. Any security deposit is requested and held by the Partner, under the conditions of the Listing and under its sole responsibility; Unziptech does not collect it.

8.4. Cancellation and Withdrawal

RentalMe applies one cancellation rule, the same for every agency. Time limits are counted in Moroccan time, from the date and time the rental starts as shown in the booking (the “pickup”).

• Before the Partner accepts: the Client may withdraw the request at any time; as nothing was charged, the card hold is released.
• 72 hours or more before pickup: a Client who cancels an accepted booking is refunded 100% of their online payment.
• Within the hour after the acceptance: a Client who cancels is refunded 100% of their online payment, whatever the pickup date.
• Later: a Client who cancels less than 72 hours before pickup, and more than one hour after the acceptance, is not refunded their online payment.
• No-show: a Client who does not come to the pickup without having cancelled is not refunded their online payment. The Partner reports the absence from its workspace, between the planned pickup and return times.
• Cancellation by the Partner: a Partner that cancels an accepted booking does so before pickup and gives the Client its reason; the Client is refunded 100% of their online payment. The same applies when RentalMe cancels a booking.

After any cancellation, as after a no-show, the Client owes the Partner nothing: the rest of the price, due at pickup, is never owed. When the online payment could not be charged at the acceptance, there is nothing to refund.

The Client cancels from the booking's page, which shows the amount that will be refunded before the Client confirms. Refunds are made to the card used for the payment.

The consumer Client is informed that, in accordance with Article 38 of Law No. 31-08, the right of withdrawal applicable to distance contracts does not apply, among other things, to accommodation, transport and leisure services to be provided on a specific date or at a specific frequency.

Article 9 – User Reviews and Content

Clients may post a review at the end of a rental. The User undertakes to publish only sincere reviews, based on a real experience and free of unlawful statements. Unziptech reserves the right to remove, without notice or compensation, any content that is manifestly unlawful, fraudulent or contrary to these Terms, without this right constituting a general obligation to monitor content.

The User grants Unziptech a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content they publish on the Platform, solely for the purposes of operating, promoting, and improving the Platform, for the duration that such content remains published and for the applicable legal term of protection of the related rights.

Article 10 – Intellectual Property and Access License

The RentalMe SaaS solution, including without limitation its structure, source codes, designs, graphics, databases and features, is and remains the exclusive intellectual property of Unziptech, in accordance with Law No. 17-97 on the protection of industrial property in Morocco, as amended and supplemented, as well as Law No. 2-00 on copyright and related rights, which protects in particular computer programs and databases as works of the mind.

Unziptech grants the User a personal, non-exclusive, non-transferable and temporary right to use the RentalMe solution for the duration of their subscription or, for Clients, for the duration of the opening of their Account. This license is strictly limited to use in accordance with the intended purpose of the Platform and these Terms.

The User shall not copy, modify, reverse engineer, decompile, disassemble, adapt, translate, or distribute all or part of the software, its source code, databases, or content, without the prior written consent of Unziptech. The User shall also refrain from sublicensing, renting, lending, or making the Solution available to third parties, and from creating any derivative work from it.

The “RentalMe” brand, the logos, names and distinctive signs appearing on the Platform are protected under the aforementioned Law No. 17-97. Any reproduction, imitation or unauthorized use constitutes an infringement subject to civil and criminal sanctions, in accordance with Articles 154 and 201 et seq. of said law and Articles 61 et seq. of Law No. 2-00, without prejudice to any damages. The termination or expiry of the Subscription, or the closure of the Account, automatically entails the immediate extinction of the license to use.

Article 11 – Service Availability and Maintenance (SLA)

Unziptech undertakes to implement all reasonable means to ensure the accessibility of the RentalMe solution 24 hours a day, 7 days a week. This commitment constitutes an obligation of means and not of result.

However, access to the service may be temporarily suspended or restricted in the following cases:

• Scheduled maintenance: Unziptech will endeavor to carry out updates and technical maintenance during off-peak hours and to inform the User at least twenty-four (24) hours in advance, by any appropriate means.
• Emergency corrective maintenance: in the event of a security incident, critical vulnerability or major malfunction, Unziptech may interrupt the service without notice, for the duration strictly necessary to restore it.
• Force majeure: Unziptech cannot be held liable for service interruptions due to global Internet network failures, failures of the third-party host, or any other force majeure event as defined by Articles 268 and 269 of the Dahir forming the Code of Obligations and Contracts (DOC).

The interruptions referred to in this article do not give rise to any compensation or refund, subject to any special Subscription stipulations agreed upon with the Partners.

Article 12 – Liability and Use of the Solution

RentalMe is a technological management tool. The User is solely responsible for the use they make of the solution, the configuration of their account, as well as the accuracy of the data they enter into it (product information, rental contracts, rates, availability, etc.).

Unziptech acts as a mere technical service provider and cannot under any circumstances be held liable for:

• commercial or contractual disputes arising between the User (the rental agency or the owner) and their own clients (the renters), which fall exclusively under the Rental Contract concluded between them.
• loss of data, loss of profits, turnover or business suffered by the User in the event of a temporary interruption of the service, or more generally any indirect damage within the meaning of the case law rendered in application of the DOC.
• the fraudulent use or theft of the User's login credentials, the User being responsible for keeping their access credentials confidential.
• the content of the Listings, the quality, conformity, legality or safety of the rented Assets and Services, or the solvency or behavior of the Users.

In any event, and except in the case of proven gross negligence or willful misconduct, the liability of Unziptech, all causes combined, is limited solely to direct and foreseeable damage, in accordance with Articles 263 et seq. of the DOC, and may not exceed, for subscribing Partners, the amount of the sums actually collected by Unziptech in respect of the Subscription during the twelve (12) months preceding the triggering event. No stipulation herein is intended to exclude or limit the liability of Unziptech in cases where such exclusion or limitation would be prohibited by a public policy provision, in particular by Law No. 31-08 with regard to consumers.

Article 13 – Personal Data Protection

Unziptech, in its capacity as data controller, processes the personal data of Users in accordance with Law No. 09-08 on the protection of individuals with regard to the processing of personal data, its implementing decree No. 2-09-165, as well as the deliberations and standards of the National Commission for the Control of Personal Data Protection (CNDP). The processing carried out has been the subject of the prior formalities required with the CNDP (declaration / authorization No. [TO BE COMPLETED]).

The terms of collection and processing of data, their purposes, their retention periods, as well as the rights of access, rectification and objection granted to the data subjects by Articles 7 to 9 of Law No. 09-08, are detailed in the Privacy Policy accessible on the Platform, which forms an integral part of these Terms.

Article 14 – Security

Unziptech implements the appropriate technical and organizational measures to preserve the security, integrity and confidentiality of data, in accordance with Article 23 of Law No. 09-08 and the requirements of Law No. 05-20 on cybersecurity. The User nevertheless acknowledges that absolute security does not exist on open networks and undertakes, for their part, to maintain the security of their equipment and credentials.

Article 15 – Suspension and Termination

In the event of a breach by the User of any of their obligations under these Terms, Unziptech reserves the right, after formal notice sent by any written means and remaining without effect for seven (7) days – or without notice in the event of a serious breach, fraud, breach of the security of the Platform or manifestly unlawful content – to suspend or terminate the User's Account, withdraw the Listings concerned and terminate the current Subscription, without prejudice to any damages and without reimbursement of the sums already paid, subject to article 8.4 for bookings in progress.

The User may close their Account at any time, subject to the complete performance of current bookings and obligations. The closure of the Account does not affect the rights and obligations arising previously, nor the stipulations which, by their nature, survive the end of the contract (intellectual property, liability, confidentiality, evidence, applicable law).

Article 16 – Force Majeure

Neither party may be held liable for the non-performance or delay in the performance of any of its obligations if this non-performance or delay results from a case of force majeure within the meaning of Articles 268 and 269 of the DOC, that is to say any event that the party concerned could not reasonably foresee or prevent, such as, without this list being exhaustive: natural disasters, fires, armed conflicts, acts of public authority, general strikes, telecommunications network failures, widespread host failures or massive cyberattacks. The performance of the obligations is suspended for the entire duration of the force majeure event.

Article 17 – Evidence Agreement

In accordance with the aforementioned Law No. 53-05 and Articles 417-1 et seq. of the DOC, the parties agree that the records, connection logs, recordings and data stored in Unziptech's information systems, under reasonable conditions of security and integrity, are authoritative between the parties and constitute admissible, valid and enforceable means of evidence, in particular with regard to the acceptance of the Terms, the bookings made and the communications exchanged.

Article 18 – Miscellaneous

• Partial invalidity. If any of the stipulations of these Terms were declared null or inapplicable pursuant to a law, a regulation or a court decision that has become final, the other stipulations would retain their full force and scope, the stipulation concerned being replaced by a valid stipulation of equivalent economic effect.
• Non-waiver. The fact that Unziptech does not avail itself, at a given time, of a stipulation hereof cannot be construed as a waiver of the right to avail itself of it subsequently.
• Assignment. The User may not assign or transfer their rights and obligations hereunder without the prior written consent of Unziptech. Unziptech may freely assign these Terms in the context of any restructuring, merger or business transfer operation, subject to informing the Users.
• Language. These Terms are drafted in French. Any translation is provided for information purposes only; in the event of a discrepancy, the French version prevails.

Article 19 – Complaints and Customer Service

RentalMe's customer service receives any complaint relating to the Platform or to a booking:

• WhatsApp: 06 94 27 37 61 (https://wa.me/212694273761)
• Email: [email protected]

The complaint gives the reference of the booking concerned (starting with “RS”) and describes the problem.

RentalMe answers every complaint within 48 business hours.

Complaints are handled by:

• RentalMe: for the Platform, the online payment, refunds and service fees;
• the Partner: for the vehicle and the rental from pickup onwards; RentalMe passes the complaint on to it.

The parties seek an amicable solution to any complaint before bringing any legal action, under the conditions of article 20.

Article 20 – Applicable Law and Jurisdiction

These Terms are governed by and interpreted in accordance with Moroccan law.

In the event of a dispute relating to the validity, interpretation or performance hereof, the parties will endeavor to seek an amicable solution within thirty (30) days from the written notification of the dispute. In the absence of an amicable agreement, the dispute will be submitted to the exclusive jurisdiction of the courts of Fez (Morocco), subject to the mandatory jurisdiction rules provided for the benefit of consumers by Law No. 31-08 and the Code of Civil Procedure.

Article 21 – Contact

For any question relating to these Terms or to the Platform:

• Email: [email protected]
• Phone: +212 660-010706
• Mail: STE UNZIPTECH SARL, Office No. 23, 5th floor, Les Bureaux Alwaha, No. 10 Machraa Belksiri Street VN, Fez 30000, Morocco.