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GENERAL TERMS OF USE

Welcome to ATAYA APP

ATAYA APP is an online platform specializing in booking leisure activities, guided tours, excursions, and other travel experiences and service provisions.

These General Terms of Use (hereinafter "GTU") govern access to and use of the ATAYA APP mobile application.

By using the Application, you unreservedly accept these GTU. We invite you to read them carefully before any use.

PURPOSE AND SCOPE

These GTU aim to define the conditions and terms of use of the ATAYA APP Application as well as the rights and obligations of users and the publisher. They constitute a legally binding contract between the user and ATAYA APP.

Entry into Force and Acceptance

These GTU come into force from the first use of the Application. Use of the Application constitutes full and complete acceptance of these GTU by the user.

In accordance with Law No. 2008-12 of January 25, 2008 on the protection of personal data, the user freely, knowingly, and specifically consents to the processing of their personal data under the conditions described in the Application's Privacy Policy.

Before any first use, the user is invited to check a box confirming that they have read, understood, and accepted these GTU and the Privacy Policy. Without this express and prior acceptance, access to the Application's services is impossible.

DESCRIPTION OF THE APPLICATION AND SERVICES

ATAYA APP is an innovative mobile platform whose main activity is leisure and discovery of recreational activities in Senegal. The Application allows users to:

  • Discover and explore tourist sites, restaurants, hotels, and gaming spaces in Senegal;
  • Book leisure activities and service provisions;
  • Make secure payments via electronic wallets (Wave, Orange Money) or by bank card;
  • Access a "matching" space to meet other users sharing the same leisure interests.

Payment System

All payments made on the Application comply with Law No. 2008-08 of January 25, 2008 on electronic transactions. Accepted payment methods are:

  • Wave
  • Orange Money
  • Bank card

These payment systems ensure transaction traceability and guarantee the security of financial operations. No sensitive payment information (full bank card number, security codes, etc.) is collected, stored, or retained by ATAYA APP.

Payment is mandatory to benefit from the booking services offered by the Application.

ACCESS CONDITIONS AND LEGAL CAPACITY

Access to the Application is open to anyone with a compatible mobile device (smartphone or tablet) and an Internet connection.

The user guarantees having the necessary legal capacity to accept these GTU and use the Application in accordance with the legislation in force in their country of residence.

Given the nature of the leisure activities offered and the requirements for the protection of minors, the Application applies the following rules regarding use by minors:

Minimum Age Limit

The Application is accessible to users aged at least 18 years old. Anyone under the age of 18 cannot create an account or use the Application's services. Users under the age of 18 are considered minors under Senegalese law.

ACCOUNT CREATION AND REGISTRATION

To create an account, the user must provide the following information:

  • First and last name (optional)
  • Date of birth (mandatory for age verification)
  • Email address (optional)
  • Phone number (optional)
  • Profile photo (optional)

The Application does not collect any sensitive data such as: biometric data, IBAN, social security number, health data, biological data, political opinions, religious or philosophical beliefs, or data relating to sexual orientation.

The user guarantees the accuracy, sincerity, and updating of the information provided. Any false declaration, particularly regarding age, may result in immediate suspension or deletion of the account without notice and without right to reimbursement.

The user is solely responsible for the confidentiality of their login credentials (email address and password). They undertake not to disclose them to third parties and to immediately inform ATAYA APP in case of unauthorized use of their account.

USER RIGHTS

In accordance with Law No. 2008-12 of January 25, 2008 on the protection of personal data and the General Data Protection Regulation (GDPR) which came into force on May 25, 2018, users have the following rights:

  • Access all spaces and features of the Application;
  • Book leisure activities and make online payments;
  • Consult communities of users sharing the same interests via the "matching" space.

Right of Cancellation and Refund

Users can cancel their bookings within the following deadlines:

  • 48 hours or more before the activity date: 50% refund;
  • Between 48 and 24 hours before the activity date: 25% refund, in accordance with the partnership contract between the third-party provider and ATAYA APP. This amount covers contractual commitments to partner providers.
  • Less than 24 hours before the activity date: no refund.

Specific cancellation terms for each provider are indicated on the booking page of each activity.

Right of Access to Personal Data

The user has the right to access all their personal data collected and processed by ATAYA APP. They may request a copy of this data in a structured, commonly used, and machine-readable format.

Right of Rectification

The user may request at any time the correction of inaccurate or incomplete personal data.

Right to Erasure ("Right to be Forgotten")

The user may request the deletion of their personal data in the following cases:

  • The data is no longer necessary for the purposes for which it was collected;
  • The user withdraws consent to the processing of their data;
  • The user objects to the processing of their data and there is no overriding legitimate reason for its retention;
  • The data was collected unlawfully.

However, some data may be retained for legal reasons (compliance with legal, tax, or accounting obligations) or to establish, exercise, or defend legal claims. In this case, this data will be archived and will no longer be accessible or used for other purposes.

Right to Data Portability

The user may request to receive their personal data in a structured, commonly used, and machine-readable format.

Right of Opposition

The user may object at any time, for reasons relating to their particular situation, to the processing of their personal data based on ATAYA APP's legitimate interest.

Right to Unsubscribe and Delete Account

Any user may at any time unsubscribe from the Application and request the deletion of their account under Law 2008-12 of January 25, 2008 on the protection of personal data. This request results in:

  • The permanent deletion of all the user's personal data, except those that must be retained to comply with legal obligations;
  • The anonymization of data that cannot be deleted for technical or legal reasons;
  • Loss of access to all Application services.

Unsubscription and account deletion must be done before uninstalling the Application to ensure complete data erasure.

How to Exercise Your Rights

To exercise any of the rights listed above, the user may contact ATAYA APP by the following means:

  • By email: contact@ataya.app
  • Via WhatsApp or by phone: +221 77 102 56 55
  • Directly via the Application interface, in the "My Account" section

ATAYA APP undertakes to respond to any request within a maximum of 3 business days from receipt of the request. In case of complex request or a large number of requests, this period may be extended by one (1) additional day, the user being informed.

USER OBLIGATIONS AND RESPONSIBILITIES

The user undertakes to use the Application responsibly and in accordance with its purpose, namely the search and booking of leisure activities and the connection with other users sharing the same interests.

Any user is formally prohibited from:

  • Diverting the purposes of the Application for illegal, fraudulent, or immoral purposes;
  • Sharing, disseminating, or transmitting illegal content, including: child pornography, content inciting hatred, violence, racism, terrorism, or any form of discrimination, content infringing the rights of others (defamation, insults, violation of privacy, etc.);
  • Sharing indecent, pornographic, obscene, or immoral content, particularly those referred to in articles 318 and 319 of the Senegalese Penal Code;
  • Disclosing confidential or sensitive information about other users without their explicit consent;
  • Impersonating a third party or creating fake accounts;
  • Attempting unauthorized access to the Application's computer systems, hacking the platform, stealing or transferring data, or disrupting the Application's operation;
  • Using the "matching" space for harassment, unsolicited commercial solicitation (spam), prostitution, or any other activity contrary to public order and good morals;
  • Creating communities of criminal associations, pornographic, obscene, or for criminal purposes;
  • Using the logo, images, trademarks, or any other intellectual property element of ATAYA APP or its partners without prior express authorization.

The user undertakes to strictly respect the confidentiality of other users' personal information and not to exploit it for purposes other than those authorized by the Application, namely friendly exchange in the context of shared leisure.

The user is fully responsible for their actions and the use they make of the Application. They assume full responsibility for the content they publish, share, or transmit via the Application, as well as all legal, civil, or criminal consequences that may result from it.

SANCTIONS

In case of non-compliance with these GTU, ATAYA APP reserves the right to apply gradual and proportionate sanctions to the severity of the breach observed.

Warning

In case of minor or first breach, ATAYA APP may send a warning to the user by email or notification on the Application, inviting them to immediately cease the behavior in question.

Temporary Account Suspension

In case of repeated or medium-severity breach (for example: sharing inappropriate content, mild harassment, abusive use of the matching space), ATAYA APP may temporarily suspend the user's account.

During the suspension period, the user will have no access to the Application and its features. The duration of the suspension will be determined according to the severity of the facts and may vary from a few days to several weeks.

Permanent Account Deletion

In case of serious or very serious breach, ATAYA APP may proceed with the permanent and immediate deletion of the user's account, without notice and without right to reimbursement.

The following behaviors notably result in immediate account deletion:

  • Diverting the purposes of the Application for illegal or criminal purposes;
  • Sharing child pornography, terrorist content, or content inciting violence;
  • Exploitation of obscene, pornographic, or indecent content;
  • Serious harassment or threats against other users;
  • Identity theft or creation of multiple fake accounts.

Legal Proceedings

In case of behaviors constituting criminal offenses, ATAYA APP reserves the right to file a complaint and initiate legal proceedings against the offending user.

ATAYA APP will fully cooperate with the competent judicial and police authorities and will communicate all information and evidence necessary for the identification and prosecution of offenders.

PENAL CLAUSE FOR ILLEGAL CONTENT

In accordance with the legal provisions in force, any user who shares, disseminates, publishes, or transmits illegal content via the Application is subject to civil and criminal sanctions, regardless of the measures taken by ATAYA APP (suspension or deletion of account).

Illegal content within the meaning of these GTU includes:

  • Child pornography content or content depicting minors in sexual situations;
  • Content inciting racial, ethnic, or religious hatred or discrimination;
  • Content glorifying terrorism or inciting terrorist acts;
  • Pornographic, obscene, or indecent content contrary to articles 318 and 319 of the Senegalese Penal Code;
  • Content infringing the rights of others: defamation, insults, invasion of privacy, violation of image rights, counterfeiting;
  • Content inciting criminal offenses or acts of violence;
  • Content relating to the sale, promotion, or consumption of illegal products (drugs, weapons, etc.).

LIMITATION OF LIABILITY OF ATAYA APP

ATAYA APP acts solely as the publisher of the digital platform and data controller and intermediary. As such, its liability is strictly limited to:

  • Providing and ensuring the proper technical functioning of the Application;
  • Security and protection of users' personal data in accordance with applicable legislation;
  • Moderation of content published by users and removal of manifestly illegal content reported.

ATAYA APP is not a party to the relationships that may develop between users via the "matching" space or during the use of the Application. Consequently, ATAYA APP disclaims all liability concerning:

  • Conflicts, disputes, scams, harassment, or any other dispute arising between users;
  • Physical meetings organized by users outside the Application;
  • Physical, material, or moral damage suffered by a user due to another user.

Users are solely responsible for their interactions with other users and the consequences of these interactions. ATAYA APP strongly recommends that users exercise caution and discernment in their exchanges and meetings.

No Liability for Partner Services

ATAYA APP acts as an intermediary between users and third-party providers (hotels, restaurants, leisure centers, etc.). ATAYA APP's liability is limited to connecting parties and managing bookings.

ATAYA APP cannot be held liable for:

  • The quality, conformity, or non-performance of services provided by partner providers;
  • Cancellations, modifications, or postponements imposed by providers;
  • Physical, material, or moral damage suffered by a user during the performance of a service by a third-party partner.

In case of dispute with a partner provider, the user must contact the provider directly. However, ATAYA APP undertakes to facilitate communication between the user and the provider and to transmit complaints if necessary.

INTELLECTUAL PROPERTY

The Application, its content (texts, images, logos, graphics, videos, sounds, databases, software, etc.) as well as trademarks, domain names, and all associated intellectual property elements are the exclusive property of ATAYA APP or its licensed partners.

Any reproduction, representation, modification, publication, adaptation, in whole or in part, of the elements of the Application, by any process whatsoever, is strictly prohibited without the prior written authorization of ATAYA APP, under penalty of legal action.

DISPUTE RESOLUTION

Any user victim of threats, harassment, fraud, infringement of their rights, or any other inappropriate behavior may contact ATAYA APP by the following means:

  • By email: contact@ataya.app
  • Via WhatsApp or by phone: +221 77 102 56 55
  • Via the reporting system integrated into the Application

ATAYA APP undertakes to process any complaint as soon as possible and to take appropriate measures (warning, suspension, account deletion, reporting to authorities) depending on the severity of the facts.

In case of dispute between a user and ATAYA APP, the parties undertake to first seek an amicable solution through mediation or negotiation before any legal action. Failing amicable settlement, any dispute relating to the interpretation, execution, or termination of these GTU will be subject to the exclusive jurisdiction of Senegalese courts, in accordance with common law rules.

Applicable Law

These GTU are governed and interpreted in accordance with Senegalese law, including Law No. 2008-12 of January 25, 2008 on the protection of personal data, Law 2008-09 of January 25, 2008 on copyright and related rights, Law 2008-11 of January 25, 2008 on Cybercrime, Law No. 2008-08 of January 25, 2008 on electronic transactions, the Senegalese Penal Code, and the GDPR for users residing in the European Union.

MODIFICATION OF GTU

ATAYA APP reserves the right to modify these GTU at any time to adapt them to legal, regulatory, technical, or functional changes of the Application.

Any substantial modification of the GTU will be notified to users by email and/or by notification on the Application at least 30 days before its entry into force.

Users who do not accept the new GTU may unsubscribe from the Application. After this period, continued use of the Application constitutes acceptance of the new GTU.

FINAL PROVISIONS

If one or more provisions of these GTU are deemed null, illegal, or unenforceable by a competent court, the other provisions shall remain in full force and effect.

These GTU, along with the Application's Privacy Policy, constitute the entire agreement between the user and ATAYA APP regarding the use of the Application.

These GTU are written in French. In case of translation into another language, only the French version shall prevail in case of dispute.

By using the ATAYA APP Application, you acknowledge that you have read, understood, and unreservedly accepted these General Terms of Use.

We wish you an excellent experience using the ATAYA APP Application!

For any questions regarding these GTU, you may contact us:

Email: contact@ataya.app

Phone / WhatsApp: +221 77 102 56 55

Last updated: March 24, 2026

    Ataya - Senegal Activities & Tourism