General Terms and Conditions of Use (GTCU)

Act for Impact Challenge Platform |Version of May 24, 2024 – 14h45

Welcome to http://actforimpact.totalenergies.com (hereinafter referred to as the “Internet site”). By using the Internet site, you acknowledge that you have read, understood, and accepted – without limitation or reservation – this document (hereinafter referred to as the “General Terms and Conditions of Use” or “GTCUs”). 

You also undertake to familiarize yourself with the charter on personal data and cookies https://actforimpact.totalenergies.com/en/privacy available on the Website. Please note that if you visit other TotalEnergies websites, other terms and conditions of use and personal data and cookie charters, or any other document pertaining to personal data protection, are applicable on these websites and we recommend that you consult them. 

TotalEnergies companies have their own legal existence and autonomous legal personality. The Internet site’s publishing company (hereinafter “Internet publisher”) is owned by TotalEnergies. The terms “TotalEnergies” and “Company” are generally used to refer to TotalEnergies SE and/or all its affiliates; an affiliate is a company in which TotalEnergies SE holds, directly or indirectly, a majority of the voting rights. It should be pointed out that each company within TotalEnergies has its own legal existence and has an independent legal personality. Similarly, the terms “we” and “our” refer to the Internet publisher or more broadly, any other company making up TotalEnergies. It cannot be inferred from the mere use of these terms that TotalEnergies SE, or any of its affiliates, is involved in the affairs or management of another TotalEnergies company. 

1. Legal notice

Internet publisher 

TotalEnergies Marketing Afrique, a simplified joint stock company incorporated under French law, with capital of EUR 94 371 670, headquartered at 24 cours Michelet, Esplanade Sud, Paris, 92069 Paris La Défense France, and listed on the Nanterre trades and companies register under number 542 038 716.

Email address: ms.afrique-communication@totalenergies.com 

Telephone: +33 1 41 35 45 45.

Publishing director: Corporate Communication Afrique M&S

hereinafter referred to as “TotalEnergies Marketing Afrique” or the “internet publisher”.

Internet hosting company 

Agorize, a simplified company with share capital of €107,217.90, listed on the Paris register of trades and companies under number 530 774 439, headquartered at 15 rue Béranger, 75003 Paris, France, Tel.: +33 (0) 1 55 43 79 45.

2. Definitions 

The terms and expressions that begin with capital letters in the GTCUs shall be defined as follows, whether used in singular or plural: 

“User” means any natural person who uses the Internet site; 

“Member” means any natural person who has an Account on the Internet site;

“Account” means the account that must be created to become a Member and access all or part of the Services offered by the Internet site;

“Challenge” means the Challenge organized annually within the framework of the Act for Impact Program of the MS Afrique Division which invites Members to submit proposals for positive impact “Actions” to address a given problem, in one of the four categories provided for this purpose. The Challenge is run by TotalEnergies Marketing Afrique, which may award a prize in recognition of the Winning Deliverables submitted via the Internet site by a Member who has signed up to take part in the Challenge, and in accordance with the Challenge’s Regulations;

“Challenge Regulations” refers to the Regulations applicable to the Challenge which are binding between TotalEnergies Marketing Afrique and each person taking part in the Challenge. In the event of any differences or contradictions with the GTCUs, the Challenge Regulations shall take precedence;

“Summary” refers to the concise statement of the instructions and guidelines for the Challenge;

“Deliverables” refer to all articles, creations, projects, documents or other materials (such as presentations, videos, etc.) uploaded to the Internet site by Members taking part in the Challenge;

“Services” refer to all of the content and products, services, features, technologies or functions that we provide through the Internet site.

3. Subject

As part of its Act for Impact Program, TotalEnergies Marketing Afrique has created a competition website via which Members can submit proposals for Actions whose positive impact on the African continent can be measured. It can be accessed at the following URL: http://actforimpact.totalenergies.com (the “ Internet site”). 

The Internet site enables TotalEnergies Marketing Afrique to be in contact with Members through the annual Challenge launched within the framework of the Act for Impact Program.

These GTCUs govern your access to and use of the Internet site and its Services.

To create an account on the Internet site, you must first check a box by which you confirm that you have read and accepted these GTCUs, which constitute a legally binding contract between you and TotalEnergies Marketing Afrique.

Furthermore, should you wish to take part in the Challenge, you will be asked to read and agree to the Challenge Regulations. 

If you do not accept these GTCUs, you will not be able to create an Account. 

We may modify these GTCUs at any time by posting an updated version on this Internet page and informing you before the amended GTCUs come into force.

In order to improve your user experience, we may also change the structure and design of our Internet site without notice, as well as certain Services or content.

4. Use and commitments of the “User” 

Each User of the Internet site declares that they abide by the GTCUs and current legislation and (without the following constituting an exhaustive list) that they: 

  • have the necessary skills and resources to access the Internet site and use it; 
  • have checked that the IT equipment they are using does not contain any virus and that it is in full working order;
  • give TotalEnergies Marketing Afrique the right to make full use of the information provided (other than personnel data the processing of which is governed by the Personal Data Charter).

5. Creating an Account 

A. Conditions

To create an Account, you must:

- be at least 18 years old;

- be an employee of a TotalEnergies company within M&S Africa (including joint-venture companies in which TotalEnergies Marketing Afrique has at least a 50% stake);

- have been employed on a permanent contract for more than three (3) months. 

By creating an Account, you declare that you meet all these conditions, in particular by agreeing beforehand to these GTCUs and our Personal Data Charter and Cookie policy.

B. Procedure for creating an Account

The Internet site enables 

- Members to consult all relevant information about the Challenge and sign up for it;

- and the coordinators, when they are submitting an application, to put any questions they might have to the site administrators. 

You can view all relevant information about the Challenge simply as a User, but you cannot register or sign up for the Challenge without first creating an Account and becoming a Member.

To create your Account, you must fill in the required fields on the Account Creation form, namely:

  • First name
  • Last name
  • Work email address
  • Entity
  • IGG
  • Status in the company (i.e. permanent employee for three months or more) 
  • Fully-owned affiliate, headquarters or joint-venture company in which TotalEnergies has at least a 50% stake. 

Your Account activation link will be emailed to you; your Account will be activated once you click this link. 

You can delete your Account at any time. For more information, please read our Personal Data and Cookie Charter.

C. Accuracy of Account information

By creating an Account, you agree to provide information that is truthful, accurate and complete when you register, and to keep this information up-to-date. You are responsible for the accuracy of the data provided and you undertake to make the necessary amendments in the event of any changes, in order to ensure its accuracy at all times. 

D. Password

It is your responsibility to ensure that your password and the information for accessing your account remain confidential. You agree to notify TotalEnergies Marketing Afrique immediately if you suspect any unauthorized use of your Account or if you notice any security breach, such as loss, theft or non-consensual disclosure of your credentials. TotalEnergies Marketing Afrique reserves the right to suspend access to the Internet site in the event of any fraudulent use or attempted fraudulent use of this access.

6. Services

The Internet site is website via which Members can take part in the Challenge, subject to the specific conditions of the Challenge as set out in the Challenge Regulations.

As a Member:

  • you can access a personalized area on the Internet site, which contains your profile, allows you to consult the Positive Impact Action(s) in which you are a stakeholder within the framework of the Challenge, and for application coordinators, put any questions you might have to the website administrators;
  • you can sign up for the Challenge, subject to meeting the conditions set out in the aforementioned Challenge Regulations;
  • you can take part in the Challenge by setting up or joining a team, as specified in the Challenge Regulations;
  • you can download Deliverables to take part in the Challenge, as specified in the Challenge Regulations;

TotalEnergies Marketing Afrique may award prizes for the Winning Deliverables submitted by members signed up to take part in the Challenge, in accordance with the Challenge Regulations.

7. Internet site publisher's intellectual property

Principle 

All the information or documents (text, animated or non-animated images, sounds, photos, expertise, referenced products) on the Internet site as well as all the elements created for the Internet site and its general structure, are either the property of the Internet site publisher or TotalEnergies, or these entities have been granted the right to use, reproduce and represent these elements, documents and information. The information and elements are subject to copyright laws as soon as they are made available to the public via the Internet site. No license or any right other than to view the Internet site has been granted to any party with regard to intellectual property rights. The reproduction of information is permitted for the exclusive purpose of informing people for personnel and private use. Any reproduction and any use of copies made for other purposes are expressly prohibited and subject to the prior and express authorization of the Publisher of the Internet site. In all cases, the authorized reproduction of the information must make adequate references to source and ownership. 

Distinctive features 

Unless otherwise stated, the company names, logos, products and brands mentioned on the Internet site are the property of the Publisher of the Internet site or of TotalEnergies, or the right to use, reproduce or represent them has been granted to these entities. They may not be used without the prior written consent of the Internet site publisher. 

8. Content published by the Member

Any information you provide on the Internet site, both when signing up and when using the Services (e.g., posts in public discussion forums, emails, discussions, Deliverables, etc.), is subject to the following:

  • You must ensure that the published content is accurate and that it: (i) does not infringe or violate any copyright, trademark, patent or other proprietary right or right of publicity or right to privacy of any third party, or (ii) violate any law (including laws on controlling exports, unfair competition, anti-discrimination or false advertising).
  • With respect to the Deliverables, you warrant that (i) you are the owner or authorized user of the intellectual property contained in your Deliverable and (ii) you are not required to transfer your rights in respect of the Deliverable to a third party under a professional relationship or other contract; or (iii) you have obtained any necessary permission from your employer or the co-contracting party before submitting the Deliverables. At any time, you may be required to make legally binding assurances and statements to the Organizing Company with respect to a Deliverable or any particular information you submit.
  • You are solely responsible for the content you post or upload to the Internet site, as well as the transfer of the technology or information you engage in. TotalEnergies Marketing Afrique will not be held liable in this regard.
  • You grant TotalEnergies Marketing Afrique all transferable rights to the content you post on the Internet site (including the Challenge Deliverables) and authorize TotalEnergies Marketing Afrique to make use of them. The content thus provided will be considered non-confidential. However, information provided that is personal data as understood by applicable law, is processed in accordance with the Charter on personal data protection and cookies [link] applicable on the Internet site.

9. Rules of Conduct applicable to Members on the Internet site 

Members are bound by certain rules. When you use our Internet site, you agree:

  • not to submit to us, or to other Members, the panel or the organizing company, erroneous, misleading, malicious or fraudulent information;
  • not to publish content of a defamatory, offensive, obscene, pornographic, vulgar, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic nature, or content with sexual connotations, inciting violence, discrimination or hatred, promoting illegal activities, or more generally content that is not in line with the morals or purposes of the Internet site;
  • not to violate the rights or damage the reputation of TotalEnergies Marketing Afrique or TotalEnergies;
  • not to open more than one Account on the Internet site and not to open an Account on behalf of a third party;
  • not to use another Member’s Account;
  • not to bypass the Internet site, in particular by attempting to contact the organizing company or to send it your Deliverables outside the Internet site;
  • not to transfer data that contains viruses, worms, Trojan horses or any file or computer program that could disrupt, destroy or limit the operation of any computer or network directly or indirectly connected to the Internet site;
  • not to use any device, software or routine that may interfere with the proper functioning of the Internet site or that is intended to damage, disrupt, intercept or expropriate any system, data or personal information;
  • not to take any action (e.g. sending spam) that puts unreasonable load on the Internet site;
  • not to violate the principle of confidentiality that may exist within the framework of the Challenge; and
  • more generally, not to act in any way that violates the law or these GTCUs.

10. Hyperlinks 

Clicking on links 

The Publisher of the Internet site refuses to accept any liability for the contents of any websites to which it might provide links. Please refer to the general terms and conditions of use and the charter on personal data and cookies, or any other document on the protection of personal data for these websites in order to understand their practices. The decision to click on links lies exclusively with Users. The Internet Site publisher can change or remove a link from the Internet site at any time. 

Authorizing links

If you wish to create a hyperlink forwarding Users to the Internet site, you must obtain prior written authorization from the Internet Site publisher using the contact details given at the end of the GTCUs. 

11. Precautionary statements

The Information and recommendations available on the Internet site (hereinafter “Information”) are provided in good faith. They are deemed correct at the time they are published on the Internet site. However, the Publisher of the Internet site does not guarantee the completeness and accuracy of this Information. You accept full responsibility for the risks associated with the credit you give them. The Information is provided on the condition that you or any other person receiving it can determine its utility for a specific purpose before use. Under no circumstances will the Internet site publisher be held liable for any damage that may result from the credit given to this Information or its use. This Information should not be viewed as recommendations for the use of information, products, procedures, equipment or formulations that would be in conflict with any intellectual property right. The Publisher of the Internet site will not accept any liability, express or implied, should using this information violate any intellectual property rights. 

Under no circumstances does the Internet site publisher undertake to update or correct the Information that will be disseminated over the Internet or on its web servers. The Publisher of the Internet site reserves the right to modify or correct the content of its Internet sites at any time without notice. 

The Internet site publisher offers no guarantees that the Internet site will operate without interruption or that the servers providing access to it and/or the third-party sites for which hyperlinks appear do not contain viruses.

12. Role of TotalEnergies Marketing Afrique / Limitation of liability

TotalEnergies Marketing Afrique has no control over the attitude of Members or other users of its Internet site. We do not check the information provided by others and made available via the Internet site; the information provided by other users may be inaccurate.

TotalEnergies Marketing Afrique will go to every effort to ensure that the information published on the Internet site is accurate and up-to-date. 

Similarly, TotalEnergies Marketing Afrique offers no guarantees that the Internet site will operate without interruption, bugs or viruses. In this regard, the user declares that they accept the functionalities and limitations of the Internet.

Members shall act under their sole responsibility.

We accept no liability for the content or use of any Deliverable, for the failure of a Member in the Challenge, for any indirect damage such as financial loss, loss of activity or moral damage that a Member may suffer as a result of their use of the Internet site or its taking part in the Challenge.

If you have a dispute with another Member, you must inform us of any claims, whatever their nature, arising from that dispute.

TotalEnergies Marketing Afrique will not be held liable to you for any claim or damages, fees or other costs you incur or suffer as a result of third-party claims resulting from your use of the Services. Under no circumstances shall TotalEnergies Marketing Afrique be held liable for any indirect damage, or for any damage whatsoever, assuming that such damage has been duly proven. You agree that it will be your responsibility to defend, and that you will defend TotalEnergies Marketing Afrique at its request against third-party claims arising from information you provide to TotalEnergies Marketing Afrique for publication, or resulting from any violation of these GTCUs by you.

You agree that, regardless of any legislation or any law that specifies otherwise, any claim or cause of action associated with your use of the Services must be filed within one (1) year after such claim has been made or cause of action has occurred, otherwise it will be permanently barred.

13. Suspension and termination of your Account and limitations on accessing it

You can close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting TotalEnergies Marketing Afrique. Termination will take effect immediately.

If you fail to comply with your commitments as set out in these GTCUs, or if you have a reasonable reason to believe that the safety and integrity of TotalEnergies Marketing Afrique, its Members or any third party are at risk, we reserve the right to:

  • immediately terminate these GTCUs binding on you and binding on TotalEnergies Marketing Afrique; and
  • suspend your Account temporarily or permanently.

If necessary, you will be informed of such a measure, so that you can react to it. TotalEnergies Marketing Afrique will decide, at its sole discretion, whether to lift the measures put in place.

14. Personal data 

We collect and process some of your personnel data.

By using the Internet site and registering as a Member, you acknowledge and agree to our processing of your personnel data in the manner set out in our Personal Data and Cookie Charter.

15. Operation, availability and functionality of the Intranet

We will make every effort to ensure that the Internet Site is always accessible. However, access to the Internet site or the use of certain features and functions may be suspended or interrupted without notice, in order to carry out technical maintenance, perform migrations or implement updates, or as a result of problems or constraints on the network, or for other technical reasons.

We reserve the right to modify or suspend all or any part of your access to the Internet site or its features at our sole discretion, temporarily or permanently.

16.  AMAZON WEB SERVICES Hosting

Region of operation:

eu-west-3 (Paris, France)

Head office:

Amazon Web Services

Inc. P.O. Box 81226 Seattle

WA 98108-1226, USA

http://aws.amazon.com

17. Updates to the GTCUs – Applicable law and jurisdiction

The Internet site publisher may update the GTCUs of the Internet site at any time. Consequently, the User is invited to regularly refer to the most recent GTCUs available on the Internet site.

If one or more provisions of the GTCUs prove to be inapplicable or prohibited under a public policy regulation, the other provisions of the unaffected GTCUs will remain applicable to the User to the extent permitted by this regulation.  

The GTCUs are subject to French law and fall within the jurisdiction of the competent French courts.

18. Contact 

If you have any questions about the GTCUs of the Internet site, you may contact us at ms.afrique-communication@totalenergies.com.