Terms of use
AFRICA & MEDITERRANEAN BUSINESS CONSULTING SMLLC
1. Introduction
These Terms of Use govern access to and use of the website, digital platforms, publications, analytical tools, proprietary methodologies, and all advisory and related services provided by Africa & Mediterranean Business Consulting SMLLC. a company established in the Republic of Tunisia, hereinafter referred to as the Services.
By accessing or using the Services, any user acknowledges having read, understood, and agreed to be legally bound by these Terms in their entirety. If a user does not agree to these Terms, access to the Services must immediately cease.
AMBC reserves the right to amend or update these Terms at any time at its sole discretion. Continued use of the Services following such modification constitutes acceptance of the revised Terms.
2. Nature of Services
AMBC operates as an independent strategic and financial advisory firm providing consulting, transaction advisory, corporate governance, restructuring, transformation, and related professional services to corporations, investors, institutions, and professional counterparties.
Unless expressly agreed in a written engagement letter duly executed by the parties, AMBC does not provide legal representation, statutory audit services, regulated investment services, fiduciary services, or any activity subject to specific licensing requirements under Tunisian law or any foreign jurisdiction.
All information, analyses, reports, projections, market commentary, and other materials made available through the Services are provided for general informational purposes only and do not constitute legal, tax, accounting, or investment advice. No reliance shall be placed on such materials without entering into a formal engagement with AMBC.
3. No Automatic Professional Relationship
Access to the Services, submission of information, participation in meetings, or receipt of preliminary documentation shall not create any client relationship, mandate, fiduciary duty, partnership, joint venture, or agency relationship.
A binding professional relationship arises solely upon execution of a written engagement letter or services agreement signed by duly authorized representatives of AMBC and the client. The scope of AMBC’s duties and liability shall be strictly limited to the terms expressly set forth in such agreement.
4. Regulatory Compliance and Cross Border Use
Users acknowledge that access to the Services may be subject to legal and regulatory requirements in Tunisia and in other jurisdictions. It is the sole responsibility of the user to ensure that access to and use of the Services comply with all applicable laws, including financial regulations, exchange control regulations, tax rules, and sector specific compliance requirements.
AMBC makes no representation that the Services are appropriate or permitted in every jurisdiction and disclaims any liability arising from unauthorized or unlawful use.
5. Intellectual Property
All methodologies, analytical frameworks, valuation models, proprietary tools, software elements, databases, branding, trademarks, trade names, reports, and materials related to the Services are and shall remain the exclusive property of AMBC or its licensors.
No intellectual property rights are transferred or licensed except as expressly provided in a written agreement. Any unauthorized reproduction, distribution, modification, extraction, reverse engineering, or commercial exploitation is strictly prohibited and may result in civil or criminal liability under Tunisian law and applicable international conventions.
6. Confidentiality
AMBC maintains professional standards designed to safeguard confidential information. However, information transmitted through publicly accessible or unsecured channels shall not be deemed confidential unless and until a formal confidentiality agreement or engagement letter has been executed.
Where a contractual relationship exists, confidentiality obligations shall be governed exclusively by the applicable agreement.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY TUNISIAN LAW, AMBC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR ECONOMIC DAMAGES ARISING FROM ACCESS TO OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, OR DATA.
WHERE LIABILITY CANNOT BE LAWFULLY EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF AMBC SHALL IN NO EVENT EXCEED THE PROFESSIONAL FEES ACTUALLY PAID TO AMBC UNDER THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM.
ANY CLAIM MUST BE BROUGHT WITHIN TWELVE MONTHS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE, UNLESS A LONGER LIMITATION PERIOD IS MANDATORY UNDER APPLICABLE LAW.
8. Indemnification
The user agrees to indemnify and hold harmless AMBC, its partners, directors, officers, employees, affiliates, and representatives from and against any claims, liabilities, losses, damages, costs, or expenses arising out of misuse of the Services, breach of these Terms, or violation of applicable laws and regulations.
9. Anti Corruption and Sanctions Compliance
The user represents and warrants that it is not subject to any sanctions, restrictive measures, or trade embargoes imposed by the Republic of Tunisia, the United Nations, the European Union, the United Kingdom, the United States, or any other competent authority.
The user further undertakes to comply with all applicable anti corruption, anti bribery, anti money laundering, and counter terrorism financing laws. AMBC reserves the right to refuse or terminate any relationship that may expose it to regulatory, legal, or reputational risk.
10. Force Majeure
AMBC shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, governmental actions, regulatory changes, pandemics, labor disputes, cyber incidents, technical failures, or disruptions of telecommunications or financial systems.
11. Dispute Resolution
Any dispute arising out of or in connection with these Terms or the Services shall first be subject to an attempt at amicable settlement.
Failing such settlement, the dispute shall be finally resolved by arbitration under the rules of the Arbitration and Mediation Center of the Chamber of Commerce and Industry of Tunis or another recognized arbitral institution agreed upon by the parties.
The seat of arbitration shall be Tunis, the proceedings shall be conducted in English, and the arbitral award shall be final and binding.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Tunisia.
13. Final Provisions
If any provision of these Terms is found invalid or unenforceable, it shall be interpreted in a manner consistent with applicable law to reflect the original intent as closely as possible, and the remaining provisions shall remain in full force and effect.
These Terms constitute the entire understanding relating to access to and use of the Services.
