Conditions Of Use

Important Information

Without prejudice to its legal and regulatory obligations, The Mauritius Commercial Bank Ltd (hereinafter “MCB”, “we” or “us”) shall not be held responsible for any financial or other consequences that may arise from the use of the Service described herein. Users (as defined hereafter) are responsible, prior to engaging with any other Users or entering into any negotiation or any transaction whatsoever with another User, for making their own appraisal and assessment. MCB recommends that they seek and obtain financial, legal or any other professional advice on the risks and merits of any such negotiation or transaction or any Offering or Investment.

Definitions

Administrators
means the MCB team appointed to administer the Service, reply to queries and moderate
comments and behaviors of the Registered Users, and collect users feedback on the
Service.

Business Community
means the SMEs, MMEs, Growth Partners, Investors and the business community at large
including large companies, conglomerates, government bodies and non-profit organisations.

Brand
means the “Punch” brand, or any other brand, name, term, design, symbol or any other
feature that might further identify the Service.

Buyer
means a Registered User of the Service, buying goods, services or Paid Offering from
Suppliers on the Service.

Company Page
means the webpage of each Registered User on the Service, where he can feature his
company details, teams, products and services.

Content
means all the content of the Service including but not limited to texts, photographs, videos,
graphics, metadata, quotes, data and information, any and all of the foregoing being referred
to collectively and individually as the “Content”

Consideration
means the consideration agreed upon between a Buyer a nd a Supplier for the provision of
specific goods, services or Paid Offering by the Supplier.

Feed
means the News Feed feature in the Service

Feed Content
means the content (videos, articles, documents) as posted by the Registered Users or the
Community Lead in the Service

Forum
means the Community Forum feature in the Service

Growth Partner
means any Registered User proposing any form of contribution, be it financial or non-
financial, to the Business Community

Investment
means the capital, be it financial or non-financial, committed by an Investor in a selected SME and/or MME business on the Service

Investor
means a User proposing to make an Investment.

MCB
means The Mauritius Commercial Bank Limited, and includes any Parent Companies, Subsidiaries or Affiliates (existing or to be established) thereof.

MCB Parties
means MCB and its shareholders, directors, officers, employees, advertisers, content providers and licensors

Offering(s)
means the various pieces of Content, tools, service cards, health checks or growth plans proposed by the Suppliers to the SMEs, or any other offering that might further be added to the Service, and that might change from time to time, any and all of the foregoing being referred to collectively and individually as the “Offering” .

Paid Offering(s)
means the Offering (s), proposed by Suppliers to the Users against payment of a monetary Consideration.

Registered User
means a User who has registered or otherwise created a user account on the Service, with at least a username and a password

Scope
means the scope, scheduling, pricing, terms and conditions including but not limited to payment terms and exclusions, documentation, representation, warranties, assurances and the like, associated to the provision of goods, services of Paid Offering by a Supplier on the Service to a Buyer on the Service, and as described in detailed in the Supply Contract
between the Supplier and the Buyer.

Service
means the present www.punch.mu website, any other related Punch websites, Punch applications for mobile devices or any other Punch online service (existing or to be established), including any updates, new versions or new releases thereof

SME
means a Small and Medium Enterprise

MME
means a Mid Market Enterprise

Supplier
means a Registered User of the Service, providing goods, services or Paid Offering on the Service

User
means a user of the Service

Use Of The Website
The present website is operated by MCB under the brand name “Punch” (the “Brand”). These conditions of use (“Conditions of Use”), including our [Privacy Statement] (which is included herein) shall govern your use of this website, any Punch applications for mobile devices you download, any other Punch online service you access, including any updates, new versions or new releases thereof (any and all of the foregoing are referred to collectively and individually as the ““Service””).

Conditions Of Use

1. User Representations, Warranties and Acknowledgement

1. By accessing, using and/or downloading the Service, you represent and warrant that you are at least 18 years old.
2. You acknowledge and agree that by accessing, using and/or downloading the Service, you agree to be legally bound by and hereby consent to these Conditions of Use and the Privacy Policy. which shall be binding upon you.
3. We reserve the right to change the Conditions of Use and/or to modify, discontinue, disable or terminate the Service (or any part or feature thereof) at any time, without prior notice and at our discretion. It is your responsibility periodically to review this page for updates to these Conditions of Use, which shall come into effect once posted. Your continued access, use and/or downloading of the Service following the posting of such updated version constitutes your acceptance of any changes to the Conditions of Use, including our [Privacy Statement].
4. You acknowledge that we may automatically update or upgrade the version of the Service you may be using. You consent to such automatic updating or upgrading, and agree that the Conditions of Use will apply to all such updates or upgrades.
5. You acknowledge and agree that you are subject to any additional terms and conditions (including, without limitation, any user guidelines or rules) posted on the Service in connection with any features, component or Content made available through the Service. Any such additional terms and conditions so posted are hereby incorporated by reference into these Conditions of Use.
6. You acknowledge and agree that we may also remove this website as a whole or any sections or features of the website at any time.

2. User Registration and access to the Service

1. You may be permitted to:
   1. Register or otherwise create a User account, with a username and password (your “Registration”);
   2. Contribute your company and financial details (your “Contribution”) that allows you to access, receive, participate, utilize and/or purchase the Offering on the Service, including features in which you interact with us or other Users; and/or
   3. Propose your own pieces of content, tools, service cards, health checks or growth plans on the Service, all of which, if accepted by us, then become an integral part of the Offering of the Service;
2. You represent and warrant that the information provided in your Registration, your Contribution and your Offering is complete and accurate to the best of your knowledge, and that you will try your best to update this information in a timely manner, in case of any changes to this Registration or Contribution or Offering information, which you are made aware of.
3. You represent and warrant that you will provide your Offering in accordance with professional standards of conduct generally applicable to conformity assessment organizations and that you will exercise reasonable skill, care and diligence in the performance of your Offering.
4. You acknowledge that we may restrict, suspend or terminate your User access to this website, if we believe that you have breached these Conditions of Use at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Conditions of Use.

3. Intellectual Property

1. The Service and its Content and Offering, the overall “look and feel” and all intellectual property available through the Service (“Intellectual Property”) are proprietary to MCB and shall at all times remain MCB’s sole and exclusive property and are protected by Mauritian copyright laws and international treaty provisions. The compilation, organisation and display of the Content and Offerings as well as all software and inventions used on and in connection with this Service are our exclusive property.
2. The Brand and any other brands, trademarks and other marks, graphics, logos, page headers, button icons, scripts noted on this Service are MCB’s and constitute the property of MCB exclusively. These marks and trademarks may therefore not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits MCB or any MCB Parties and/or in connection with any service or product that is not sponsored, endorsed or produced by us. All other trademarks that are not owned by us and that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
3. You are permitted to print or download extracts from these pages for your personal use only. No part of the Service may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without our prior written permission.
4. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of any feature or component of the Service.

4.Cybersecurity

1. Although we take reasonable steps to secure the website, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the website will be safe from unauthorized access or use or monitoring and interception. You will bear all risk of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us. We reserve the right to request independent verification of any information transmitted via e-mail. Please be aware that any unsolicited confidential or proprietary information sent to us via the Internet cannot be guaranteed to remain confidential.
2. We do not guarantee that this Service will operate free of error or defect or that it is free from computer viruses or any other contaminating computer program.
3. We shall not be held liable for any loss or damage whatsoever with regard to a User’s personal data or other data directly or indirectly caused by malfunction of our system, third party systems, unlawful access to or theft of data, computer virus or destructive code on our system or third party systems such as telecommunication service providers, electricity suppliers, internet service providers or any event over which we have no control.
4. This website offers links to other websites only for convenience purposes. We do not control the linked websites and are not responsible for their contents or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. Moreover, once you have used these links to leave our website, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and which are not governed by our [Privacy Statement]. You should exercise caution and look at the privacy policy applicable to the website in question. Please note that we reserve ourselves the right to refuse access to our website from third party websites via hyperlinks.

5.Disclaimer

1.Information on this Service is provided for information purposes only. It is not a warranty of its accuracy, nor an invitation to make any commercial transaction, nor any investment.

2. Accuracy of information:

We try to ensure that the information provided on this Service is correct, but do not give any express or implied warranty as to its accuracy, reliability and completeness.We do not accept any liability for errors, omissions, or negligent acts, of whatsoever nature and howsoever arising from the information on this site. The Service may contain technical, typographical or other inaccuracies and you are urged to contact us to confirm all information contained on this Service before placing any reliance on it. If the Service contains statements or information which relate to
projections, plans or objectives or future economic performance, you should be
aware that these projections are only predictions and that actual events or results
may differ materially.

This website is intended to provide general information on the Service, the Business Community, its products and services, and other information which may or may not be of interest to you. It is not intended to provide exhaustive treatment of any subject dealt with or any Offering or Investment or about any User. The information on this Service including all research, opinions or other Content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action on
the Service which might affect your personal finances or business, you should take appropriate advice from a suitably qualified professional or financial adviser.

No User shall make any Offering or issue or dispatch any promotional materials which include any reference to MCB or any MCB Parties or their respective names, tradenames, logos, service marks and/or trademarks without their respective prior written consents.

3. Commercial transaction:

This website is not an inducement to purchase any goods or services or any Offering whatsoever from MCB Parties, or from   any other User of the Service.

Any and all Offerings shall comply at all times with applicable laws and regulations and it shall be the responsibility of the relevant Supplier solely, to ensure such compliance. Any liability shall devolve exclusively to the Supplier of such Offering and MCB disclaims all liability.

MCB makes no representation or warranty whatsoever, express or implied, on the reliability or merchantability or any characteristic of any Offering or with respect to any User. MCB disclaims all liability with respect to any claim or disputes regarding any Offering or involving any Users whatsoever. MCB shall not in any circumstance whatsoever, be a party to any such disputes which shall be dealt with and resolved strictly and directly between the relevant Users.

By accessing to the Service, each User agreed unreservedly to hold MCB and any MCB Parties harmless and indemnify MCB for any liabilities, losses, damages, disputes offsets, counterclaims, claims, demands, actions, costs, expenses and judgments which any User may suffer or incur, as a result of any User’s use or misuse of the Service. Each User shall be responsible for its own acts and omissions while accessing or using the Service.

All supplies of goods or services or Offering or Investment by any User to another User (shall be made subject to Users among themselves and MCB shall not be a party or involved in any way whatsoever.

For avoidance of doubt, the relevant User is entirely and solely responsible and liable for the quality and timeliness of delivery of its goods, services or Offering to the other User(s), and the latter is entirely and solely responsible and liable for the payment of relevant Consideration to the other Userier, under the between both Users.

If MCB suspects, on reasonable grounds, that any User has committed or is about to commit a breach of the Conditions of Use or undertake any illegal activity (including, without limitation, money laundering) or dishonesty or fraud against any other User or is reported by any User to be acting as aforesaid, MCB shall be entitled to terminate or suspend such User’s access to the Service.

To the fullest extent permitted by applicable law, we disclaim all responsibility for any loss, injury claim, liability or damage of any kind resulting from or related to the provision of goods, services or Offering herein (or any part thereof) by any Supplier to any Buyer or arising as a consequence of any activity or omission of any User or any breach of any arrangement or agreement made between Users.

4. Investment:

This website is intended for information and initial discussion purposes only, to Investors or to any User of the Service, and does not create any legally binding obligations on the part of MCB Parties or of any other User of the Service. This website does not constitute an offer, an invitation to offer or a recommendation to Investors or to any User of the Service to enter into any transaction with a SME. When making an investment decision, you should rely solely on the final documentation and information relating to the transaction and not any summary thereof, whether contained within this website or otherwise. Before entering into any transaction, you should also take steps to ensure that you fully understand the transaction and have made an independent appraisal of all the parties involved and an independent assessment of the appropriateness of the transaction in light with your own investment objectives and circumstances, including the possible risks and benefits of entering into such transaction. In making such appraisal and assessment, you should rely solely on advice from your own advisers, including, without limitation, your own legal, financial, taxation and accounting advisors. MCB Parties are not acting as your financial adviser or in any other fiduciary capacity with respect to any proposed transaction.

  5. You agree that your access to and use of the Service and any Content, Offering, component or feature available through the Service is on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, we expressly disclaim any representations or warranties, expressed or implied, including without limitation any representations or warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness, reliability and non-infringement.

To the fullest extent permitted by applicable law, we disclaim all responsibility for any loss, injury claim, liability or damage of any kind resulting from or related to the access, the use or the unavailability of the Service or the information contained herein (or any part thereof).

To the fullest extent permitted by applicable law, we will not be liable (jointly or severally) to you for any direct, indirect, consequential, special, incidental, punitive or exemplary damages including without limitation, lost profits, lost savings and lost revenues, whether in negligence, tort, contract or any other theory of liability, even if we have been advised of the possibility or could have foreseen any such damages.

 
6. Communication Guidelines

7. The Forum is proposed to Registered Users:

To support them in their business challenges, by providing them with a venue where they can ask questions, and get answers from other Users

• To enable them to share business opportunities and ideas
• To provide them with a platform to learn from each other
• To enable Administrators to collect user feedback and understand how to better serve the Users

  8. Registered Users are also allowed to provide comments on Newsfeed Content

  9. Any Registered User providing comments or questions on the Forum or on a Newsfeed Content is deemed to have agreed to the Communication Guidelines as stated below:

10. Stick to the topic

• Discussions should be strictly oriented on entrepreneurship, business, and growth
• Discussions unrelated to entrepreneurship, business and growth, or that bring any value to our Users, as well as exchanges on political, religious or societal issues, are forbidden.
  

 11. Be civil, kind and courteous

All posts should be professional and courteous. You have every right to disagree with your fellow Users and explain your perspective. However, you should not attack, degrade, insult, or otherwise belittle other Users or the quality of this Service.

Any material, posts, pictures, links or messages posted, which constitutes defamation, harassment, or any type of abuse is strictly forbidden. Material that is sexually or otherwise obscene, racist, or overly discriminatory is not permitted on this Service. Use common sense while posting.

12. No promotions, advertising or spams

We define spam as unsolicited advertisement for goods, services and/or other websites, posts with little, or completely unrelated content.
Do not spam the forums with links to your site or products or services, and do not try to self-promote your website, business or own offerings. Spamming also includes sending private messages to a large number of different users.

13. Respect everyone’s privacy

Do not post, offer or ask email addresses, phone numbers or login information of other Users while commenting on the Newsfeed Content or in the Forum.
If you wish to connect privately with another User, please contact him directly through his Company Page.

14. Bear the moderation in mind

The comments and questions are moderated by Administrators

• If you see a thread/post which does not comply to the Communication Guidelines, please report the thread/post to the Administrators on [email protected]
• If you break a rule, you will either be warned or prohibited from commenting, or even banned from punch.mu. Such ban of your User account may at the sole discretion of MCB, be either temporary or permanent.
• The Administrators of the website also have the right to edit, delete, move or close any thread or post or associated comments as they see necessary, and without prior warning.
  

6. Entire Agreement

These Conditions of Use, including our [Privacy Statement] contain the entire agreement between us regarding your use of the Service and supersedes all previous agreements. Should any provision of the Conditions of Use be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure to enforce any provision of the Conditions of Use will not constitute or be construed as a waiver of such provision or the right to enforce it.

7. Jurisdiction

These Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of Mauritius, without giving effect to any principles of conflicts of law.

The Mauritian Courts shall have exclusive jurisdiction in all disputes arising under these Conditions of Use.

The Service and information available on this Service include residents outside of the Republic of Mauritius. Applicants may be granted access to the Service, and in such case it will be the responsibility of the applicant to ensure that such access would not be in breach of the relevant laws of the jurisdiction in which the applicant is resident, registered or domiciled.

Terms and Conditions

1. Governing Data Protection and Processing
2. Table of Contents
3. Introduction
4. Definition and Interpretation
5. Processing of User Data
6. Purpose of Processing of User Data
7. The Legal Basis for Processing of User Data
8. Offer of Personalised Solutions
9. The User’s Rights
10. Period of Storage of User Data
11. Complaints by The User
12. Local Data Protection Office
13. Amendments

1. Introduction
   

• The present Terms and Conditions, shall apply to the collection, processing, storage and protection of the User Data by MCB (as defined below). These User Data are protected by the Data Protection Laws and are either collected directly from the User or indirectly from other sources.
  
• Any User Data so collected shall be used, protected, processed and stored in strict compliance with the Data Protection Laws. MCB will only use the User Data for a Legitimate Purpose and in the context of the Service to the Users and shall ensure to keep all User Data safe and private.
  
  

  2. Definition and Interpretation

1. The headings contained in these Terms & Conditions are for convenience and reference purposes only.

2. The use of the masculine shall include the feminine and vice versa and the use of the singular shall include the plural.

3. For the purposes of the present Terms & Conditions, the following definitions shall apply:

 1. " User Data ” means any information relating to a User, including amongst others:

1. User identification data e.g. name, e-mail, postal address, telephone number, country of residence, passport scan and number, national identity card scan and number, tax identification number;
2. personal characteristics e.g. date of birth, marital status;
3. employment and occupation e.g. employer, function, title, place of work;
4. academic/study information;
5. family information;
6. banking/non-banking and financial data e.g. financial identification, financial situation (including loans, assets, expenses, etc.),risk profile, investment objectives and preferences;
7. investment appetite and risk profil
8. electronic identification data e.g. IP addresses, cookies;
9. data received in the context of the performance of an agreement e.g. account positions and transactions, power of attorneys;
10. tax related data;
11. images, sounds and communications e.g. surveillance camera footage, telephone recordings, exchange of letters/emails with the User.

2. “Consent” means any freely given specific, informed and unambiguous indication of the wishes of a User, either by a statement or a clear affirmative action, by which he signifies his agreement to User Data relating to him, being processed;

3. “Data Protection Laws” means Data Protection Act 2017, any regulations, and other subsidiary enactments issued thereunder including any applicable guidelines or practice (or similar documents) by the Local Data Protection Office or other local and international public authorities;

4.“MCB Data Protection Office” means the data protection office of MCB details of which are set out in paragraph 9;

5. “Legitimate Purpose” means the reason for MCB to use and Process the User Data on the Service;

6. “Local Data Protection Office” means the office as provided for in the Data Protection Laws having the details specified in paragraph 12;

7. “Processing” means an operation performed on User Data whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination,restriction, erasure or destruction. The word “Processed” shall be construed accordingly;

8. “Profiling” means any form of automated processing of User Data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements; and

9. “Third Party” means a person other than the User and MCB and includes the persons listed in paragraph 7.1.

3. Processing of User Data

MCB may, for a Legitimate Purpose, use, hold and process, by computer or otherwise in any location whatsoever User  Data in the context of the use by the User of the Service.

4. Purpose of Processing of User Data

1. Subject to the Data Protection Laws, MCB will process, inter alia, User Data for the following Legitimate Purposes:

1. the operation and provision of the Service to the User;
2. setting up, administering , managing and updating the User’s profile on the Service;
3. fraud prevention, crime investigation and reporting of financial crimes ;
4. meeting MCB’s legal and regulatory obligations;
5. responding to all legitimate requests from public, legal or supervisory authorities for access to User Data;
6. establishment, exercise and defense of legal claims;
7. exercise of MCB’s rights set out in agreements or contracts; and

2. Processing of User Data The processing of User Data by MCB may give rise to decision-making, including profiling, which shall be effected within the legal and regulatory limits set out in the Data Protection Laws.

5.The Legal Basis for Processing of User Data

1.MCB shall process User Data in the following circumstances:

1. with the User’s Consent for marketing purposes, which may be withdrawn at any time ;
2. for the execution of an agreement, contract signed with the User, and services linked thereto, or in the context of pre-contractual measures requested by the User;
3. to fulfil MCB’s legal and/or regulatory obligations; and
4. for the Legitimate Purposes set forth in paragraph 4.1.

6. Offer of Personalised Solutions

1.In its endeavour, to provide the User with optimised Offerings that are constantly evolving, to better meet the User’s needs, as well as to maintain and develop the Offerings under the Service, MCB may, subject to Data Protection Laws :

1.Publish, Share or Send the User through any channel:

1. regulatory, informative or commercial materials linked to the Offerings;
2. financial and economic literature;
3. value-adding publications on different topics; and
4. invitation to events, talks or workshops that may be of interest to the User.

2.Contact the User for sharing general product information as regards financial literacy and awareness;

3. Use Profiling to process the User Data with a view to:

1. Search for and identify, within its Users’ database, characteristics shared by persons, who are likely to be interested with a specific new or existing Offering, service or product;
2. Search for and identify, within its Users’ database, relatively homogenous groups of persons in terms of products held and/or User behaviour in order to improve MCB’s understanding of the Users’ base and the personalisation of the Offerings..

7. The User’s Rights

1. Subject to the conditions and limits of the Data Protection Laws, the User’s rights regarding the processing of User Data include the right to request:

1. access to the User Data processed by MCB or any Group Entity;
2. confirmation of whether or not User Data is or has been processed;
3. rectification of User Data that is inaccurate or incomplete;
4. erasure of his/her User Data on legitimate grounds;
5. the restrictive use of the processing of User Data on legitimate grounds;
6. transmission of User Data to a Third Party in an easily readable format; and
7. objection to the use of User Data that MCB collects, retains and processes, which otherwise than for the Legitimate Purpose.
   

2. The User may submit a request to exercise the rights set forth above through a letter sent to the MCB Data Protection Office situated at the MCB Head Office, Sir William Newton Street, Port Louis.

8. Period of Storage of User Data
MCB will keep User Data of its Users for as long as the person remains a User of the Service and subject to applicable laws MCB.

9. Complaints by The User
Under the prevailing Data Protection Laws, the User has the right to lodge a complaint regarding the processing of User Data, with the MCB Data Protection Office or by sending an email to: [email protected].

10. Local Data Protection Office
For more information about the rights of data subjects, the User may consult the local Data Protection Office website at: dataprotection.govmu.org.

11. Amendments
MCB reserves its right to amend at any time partly or wholly the provisions of the present Terms and Conditions and such amendments shall be notified by the posting of the appropriate notices on the Service and such amendments shall take effect on the date thereby indicated.