GENERAL CONDITIONS OF USE OF THE SITE OF THE MOVABLE SAFETY REGISTER

PREAMBLE

These General Terms and Conditions of Use (GTC) apply to the conditions of access and use of the site "http://haitissm.dtn.com.vn (hereinafter the "Site"), to the services accessible from the Site, to the use of the Personal Property Security Registry server as well as to the use of information and documents from the DGI Personal Property Security Registers. Consultation of the Site by any User and access to the services deployed from the Site is subject to consultation, prior acceptance and full compliance with these T&Cs.

ARTICLE 1 - DEFINITIONS

In the GCU, words or expressions beginning with a capital letter have the following meaning:
- Site: this website, which is accessible at the following address: http://haitissm.dtn.com.vn

THE USERS OF THE SYSTEM

There are generally three types of users of the system

• Free users:

  Those who simply wish to consult the register. No action is necessary, as the consultation is free

• Users organization :

  This user group includes both institutional and non-institutional users. An organization account can have several login accounts. This account must be approved by DRSM.

  • Institutional users:

    They must have an "institutional user account" allowing them to access all the registry's functionalities and direct online validation. They are assigned a membership number that allows them to be identified.

• Individual users:

  Other users who simply wish to register or modify/ delete a registration (the validation of the registration being done by the Registry). To access these functions, these users must open an "external user account" in order to register with the registry. This account opening only requires the indication of an email address, a password chosen by the user and some other personal information. There is no approval required.

USERS ARE DIVIDED INTO DIFFERENT GROUPS:

EXTERNAL USERS

• Organization

  • Institutional investors
    • Banking institutions
    • Notaries public
    • Public accountant (Tax and customs officer)
    • Clerks of the court
    • Other financial institutions (micro-financial institutions, leasing, credit unions, etc.)
  • Non-Institutional
    • Lawyers
    • Private accountant
    • Other legal entities

• Individual: physical person

ARTICLE 2 - BROWSER FOR THE SITE

The service is designed for Internet access using recent browsers. It is important to use a compatible and up-to-date browser to ensure a comfortable reading experience. You can use one of the browsers below:

• Android Browser (mobile only)
• Apple Safari, Safari Mobile
• Google Chrome, Chromium, Mobile Chrome (Recommended)
• Mozilla Firefox, Firefox Mobile (Recommended)
• Opera, Opera Mini

For some documents, the information can be downloaded in PDF format.

ARTICLE 3 - ACCESS TO THE SITE AND THE SERVICE

Consultation of the Site is accessible free of charge to any User with Internet access. All costs related to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment and Internet access.

This Site includes a part accessible to all Users and a part accessible to Customers, namely users who have registered as such.

The Directorate of the Personal Property Security Registry reserves the right to refuse access to the service of its site, unilaterally and without prior notification, to any User who does not comply with these T&Cs.

For information purposes and without the commitment of the Directorate of the Personal Property Security Registry, it is indicated that the Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, fortuitous events or the actions of a third party, such as those usually retained and defined by the case law of the Haitian Courts. Similarly, the Directorate of the Personal Property Security Registry reserves the right to make any interruption for reasons of technical maintenance necessary for the proper functioning of the Site and related equipment, or to update the Site or for any other reason. A message should be displayed to inform of the temporary unavailability of the site.

The Directorate of the Personal Property Security Registry is not bound by any obligation of result concerning the accessibility of the Site. Indeed, the user is solely responsible for the quality of his connection and accessibility infrastructures to the site.

The DRSM is in no way responsible for interruptions and the consequences that may result from them for reasons beyond its control.

ARTICLE 5 - FEATURES OF SERVICES - PRICES

The User may register, modify or confirm, delete and search on the Site. The details of these transactions and their cost appear on the Site and are expressly identified before any order is placed by the User. The rate appearing in the scale of the document chosen on the day of the order, is the only one applicable.

To date, the current pricing is available here fee

ARTICLE 6 - PAYMENT TERMS

Payment is due upon issuance of any payment order by the Site. Several payment methods are available to the User:

• Payment by payment order to the BRH

  NB : Payment can be made online very soon while waiting for all payments to be made at the BRH counter

ARTICLE 7 - INTELLECTUAL PROPERTY

All the elements of the Site are and remain the intellectual and exclusive property of the Directorate of the Registry of Personal Property Security of the General Directorate of Taxation.

Any reproduction, exploitation, redistribution or use of the elements of the Site, whether textual, software, visual or sound, is strictly prohibited under penalty of prosecution, including criminal prosecution. Any simple or hypertext link on the Site is strictly prohibited.

The information contained on the Site, in the Personal Property Security Registry, is the property of its respective owners. The User shall refrain from any action tending to appropriate or attempt to improperly appropriate any information or file content, in particular with a view to creating a documentary database or reconstituting all or part of the original files. The User's right of use includes viewing the information on screen and copying the documents available on the Site. It is exclusively reserved for private use and does not confer any reproduction or redistribution rights, in particular for commercial purposes.

Any use of the information obtained in order to set up a database for commercial use is prohibited. The extraction and reuse of all or part of the content of the information contained on the Site or the Registry records in any other medium, by any means and in any form whatsoever, is prohibited.

ARTICLE 8 - CONSERVATION OBLIGATION

The Directorate of the Personal Property Security Registry is obliged to ensure that all information regularly recorded in the Registry databases is kept.

Information removed from the publicly accessible file of the Personal Property Security Registry pursuant to the Ministerial Directive must be archived, in electronic format, for 20 years in such a way that the information contained therein can, if necessary, be retrieved.

ARTICLE 9 - LIABILITY

The Security Registry Directorate is not liable for any loss or damage caused to the user of the Registry by an error in the administration or operation of the registration and search system, unless it is attributable to gross negligence on the part of the Registry services. The Directorate of the Personal Property Security Registry may not be held liable for delay or failure due either to a case of force majeure or an event beyond its control, or due to the User or a third party.

The Directorate of the Personal Property Security Registry shall not be held liable for the nonoperation, inability to access or malfunction of the services of the User's access provider to those of the Internet network. The same shall apply for any other reasons outside the Directorate of the Personal Property Security Registry.

The User is solely responsible for the information he provides when registering a slip, whatever it may be. The Directorate of the Personal Property Security Registry shall in no case be responsible for the information provided by the persons making the registrations. It cannot under any circumstances guarantee the veracity and accuracy of the information provided by the User making a registration.

With regard to searches carried out on the Site, the User is solely responsible for the query he/she makes and for the use he/she makes of the results obtained and the direct or indirect consequences of such use.

It is the User's responsibility to use it in accordance with the regulations in force. Under no circumstances may the Security Registry Department be held liable for any damage of any kind resulting from the use of the information provided. The User guarantees the Registry of the Personal Property Security Registry against any request, complaint, claim and/or recourse of any kind resulting from any violation of these provisions.

The User declares that he is well informed of the intrinsic characteristics of the Internet and in particular of the fact (i) that the transmission of information on the Internet benefits only from relative reliability, as it circulates on heterogeneous networks, with various characteristics and capacities, which are sometimes saturated at certain times of the day and likely to impact download times or accessibility to information, and (ii) that the Internet is an open network and, that, as a result, the information it carries is not protected against the risks of misappropriation, intrusion into its system, hacking into its system's data, programs and files, contamination by computer viruses, and (iii) that it is responsible for taking all appropriate measures to protect the data, files or programs stored in its system against contamination by viruses such as attempted intrusion into its system.

ARTICLE 10 - SECURITIES

In the event of any difficulty of interpretation between any of the titles at the top of the clauses and any of the clauses or between several titles, the titles shall be declared non-existent.

ARTICLE 11 - LANGUAGE OF THE CONTRACT

Only the French language version of the T&Cs is authentic between the parties and may be produced in court.

ARTICLE 12 - APPLICABLE LAW

The T&Cs are subject to the law of the Republic of Haiti.