LAWS OF MAURITIUS PORTAL – TERMS AND CONDITIONS  

These General Terms and Conditions (hereinafter referred to as "General T&Cs") shall govern the use of the services offered by Laws of Mauritius Website.  These General T&Cs contain terms and conditions that are of general application to most of Attorney-General’s Office service offerings, and some of the terms below may not be applicable to you.   Unless explicitly stated otherwise, any new feature or features that augment or enhance the current services, including the release of or migration to new services, shall be subject to this Agreement.  

1.           TERMINOLOGY
In this Agreement, the following words and expressions have the meanings assigned to them except where the context otherwise requires –

              "Recipient" of a Data Message or an Electronic Record means a person who is intended by the Originator to receive the Data Message or Electronic Record, but does not include an intermediary like the Attorney-General’s Office who sends, receives, stores or provides other services with respect to the Data Message or Electronic Record on behalf of the Originator or Addressee;

              "Data Message" means information generated sent, received or stored by electronic, optical, including but not limited to electronic data interchange (EDI), electronic mail;

              "Electronic Record" means a record generated in digital form by an Information System, which can be –  

              (a)     transmitted from an Information System or from one Information System to another; and  

              (b)     stored in an Information System or other medium;  

              "Information System" means a system for generating, sending, receiving, storing or otherwise processing Data Messages or Electronic Records;  

              "Services" here means the service provided by Attorney-General’s Office over the Internet to the Registered User upon the Registered User's application for registration therefore;  

              "Normal User" means the party identified on the Web Application form who have not been authenticated by the website;  

              "Authenticated User" means the party identified on the Web Application form who have been registered via Maupass (National Authentication Framework for Mauritius);  

              "Website" or "Websites" refers to the location of the web pages on the internet over which the User may access for the purpose of using the Services from the lawsofmauritius.govmu.org website.  

2.      AMENDMENTS TO TERMS AND CONDITIONS  

         The Attorney General’s Office reserves the right to amend the terms and conditions of this Agreement from time to time. Amendments to the General T&Cs will be effective after thirty (30) days have passed from the date of posting on the laws of Mauritius Website.  IT IS RESPONSIBILITY OF USERS TO CHECK THE WEBSITE FROM TIME TO TIME FOR AMENDMENTS TO THIS AGREEMENT.  BY USING OR CONTINUING TO USE THE SERVICES AT ANY TIME AFTER THIRTY (30) DAYS HAVE PASSED FROM THE DATE ANY AMENDMENTS ARE POSTED ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS AMENDED.  

3.      SCOPE OF SERVICES  
         The Attorney-General’s Office provides access to services from the laws of Mauritius website.  However, Attorney-General’s Office reserves the right to modify, enhance, withdraw or suspend the Services, or any part thereof, at any time.  The users will be advised of the changes in advance where the changes will significantly alter the Services.  

4.      USERS RESPONSIBILITIES  

        (1)     The User shall obtain, install and maintain such suitable equipment, software, and communication means as may be required to make connection to the World Wide Web and to use the Services provided by a third party, including a computer and modem, telecommunication facilities or other access devices or other ancillary equipment.  

        (2)     The User is responsible for the confidentiality of the password(s) associated with the account and user login ID.  User shall ensure control of the password(s) and user login ID for authorised usage of the Services. Unless the contrary is proved, all communications and activities occurring under the User's user account, user login ID or password shall be deemed to have been validly issued or authorised by the User.  

        (3)     The User undertakes not to use the Services for or to carry out any activity that may be prohibited under the laws of Mauritius or under any other applicable law

        (4)     The User hereby authorises Attorney-General’s Office to deal with any data or information submitted by or to the User, in any manner, as Attorney-General’s Office deems necessary to carry out the Services.  

         (5)     The User agrees to at all times indemnify and hold harmless the Attorney-General’s Office and its officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from –  

                   (a)     a breach by the User or its employees, agents or contractors of the terms of this Agreement; or  

                   (b)     any willful, unlawful or negligent act or omission on the part of the User or its employees, agents or contractors.  

5.      INTELLECTUAL PROPERTY RIGHTS  
         All intellectual property rights (including copyright and trade marks) contained in, relating to or in connection with the Websites and Services (including documents, graphic, logos, icons) are owned by the Attorney-General’s Office. No material provided through the Websites or Services, including text, graphics, compilations, computer programs, code and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, broadcast, posted, transmitted or hyperlinked in any manner and in any form.  

6.      DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY  

         (1)     THE SERVICES AND ALL ANCILLARY SERVICES (INCLUDING BUT NOT LIMITED TO TRAINING AND TECHNICAL SUPPORT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ATTORNEY GENERAL’S OFFICE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, TO THE EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

         (2)     Attorney-General’s Office does not warrant that the Websites and Services will meet User's requirements or that the Websites and Services will be uninterrupted, timely, secure or error-free.  

         (3)     Attorney-General’s Office shall not be liable to the User or any other party for any damage, loss, cost or expense suffered by the User or any other party as a result of –
                 
                  (a)     an action brought by a third party even if such loss was reasonably foreseeable or Attorney-General’s Office has been advised of the possibility of the User or any other party suffering or incurring the same;  

                  (b)     the reliance on or use of any data, information, content or matter provided by Attorney-General’s Office via the Services or the accuracy, correctness or completeness thereof;  
     
                  (c)     any error, interruption or other occurrence whatsoever arising out of any form of communications or other facilities not provided by Attorney-General’s Office;  

                  (d)     any occurrence not due to Attorney General’s Office direct default.  

         (4)     In no event shall Attorney-General’s Office be liable for any loss of business, profit, goodwill or any type of special, indirect or consequential loss to the Users.  

         (5)     The User shall indemnify and keep Attorney-General’s Office harmless against any damage or claim by any parties which may arise out of this Agreement and agree to notify such parties in writing that Attorney-General’s Office shall have no liability to them. In the event any claim is made by such parties against Attorney-General’s Office, the User shall take all steps to enforce its rights including but not limited to the institution of legal proceedings, if necessary, against such parties to restrain them from bringing such claims against Attorney-General’s Office.  
 
         (6)     The Attorney-General’s Office shall not be responsible for any dealing (i) between the User and third parties or (ii) between the User and another User, whether or not such dealings are facilitated through the use of the Services.  

         (7)     The User agrees that it shall not bring any claim, action or proceeding whatsoever against the Attorney-General’s Office in respect of any damage, loss, cost and expense arising from the use or reliance on the data, information, content or matter provided by Attorney-General’s Office via the Website or Services.  

         (8)     Neither party shall be responsible for failure to perform or fulfill its commitments under this Agreement if such failure is due to any other circumstance outside its control.  Such circumstances comprise, but are not confined to, act of God, war, riot and sabotage  

         (9)     The Attorney-General’s Office shall not be held responsible for any failure to meet its obligations under this Agreement to the extent that such failure is attributable to the effects of any computer virus.

7.      GOVERNING LAW  

         (1)     This Agreement shall be governed by and construed in accordance with the laws of Mauritius.  The parties agree to submit to the exclusive jurisdiction of the courts of Mauritius.  

         (2)     Recognising the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct, acceptable content and use of the Websites and the Services.  

8.      GENERAL  

         (1)     The Registered User shall not, in any litigation proceeding, challenge the admissibility as evidence or the accuracy of a data log or electronic record provided by Attorney-General’s Office in whatever form it may be presented.  

         (2)     Nothing in this Agreement shall constitute or be deemed to constitute a partnership between Attorney-General’s Office and any User, nor constitute the appointment of third parties as agent of any User or Attorney-General’s Office  

         (3)     If any terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.  

         (4)     The User shall be deemed to have read this Agreement and shall agree to be bound by the terms hereof. This Agreement shall supercede all proposals, prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement software.

PRIVACY POLICY

1.      COLLECTION OF INFORMATION  
         (1)     The Laws of Mauritius portal collects some of your personal information when you access the website after authentication via MauPass.  During registration, you may be asked for your name and other information such as email address, date of birth, National Identity Card number.  

         (2)     When you access the website as registered user, you are no longer anonymous to the Attorney-General’s Office.  You can have access to additional features available on the web portal.  

2.      USAGE AND SHARING OF INFORMATION  
         (1)     Personal information about you may be used to make our site more user-friendly or to serve you better.  We may use your email address or your mailing address to contact you regarding administrative notices and communications relevant to your use of the site. Information that we maintain about you and from your current and past activities on the site, will be used in the event of disputes or troubleshooting.  

        (2)     In general, your personal information will not be disclosed except when we have your permission or, under special circumstances, such as when we believe in good faith that the law requires it.  

        (3)     We may also disclose the account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service of the Attorney-General’s Office portal or may be causing injury to or interference with, either intentionally or unintentionally, the Attorney-General’s Office rights or property, other users, or anyone else that could be harmed by such activities.

        (4)     The Attorney-General’s Office may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.  

3.      SECURITY PRECAUTIONS  
         (1)     Your account is password-protected so that you and only you have use of and access to the account and the personal information contained therein.

         (2)     Except as specifically permitted by this section, you may not disclose nor share your password to any third parties. If you lose control of your password, you may lose substantial control of your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately contact us to change your password.  

         (3)     Please remember to sign out of your account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place.

         (4)     We take appropriate security measures to protect against unauthorised access or alteration, disclosure or destruction of data.  These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorised access to systems where we store personal data.  

         (5)     We restrict access of personal information to the employees of Attorney General’s Office, contractors and agents who need to know information for processing on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.  

4.      GENERAL  
         (1)     You are solely responsible for maintaining the secrecy of your passwords and/or any account information.  Please be careful and responsible whenever you are online.  

         (2)     Please also keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.  

         (3)     The Attorney-General’s Office may change this policy from time to time.  Although  the Attorney-General’s Office intends to observe this policy at all times, it is not legally binding on the Attorney-General’s Office in any way.  

         (4)     Subject to any restriction under any applicable legislation, the Attorney-General’s Office may disregard this policy or act outside it.