This platform/website is provided on an “as is” basis by ... (hereinafter referred to as ‘Company’ or ‘IEN Africa’). Any user using this website in any form be and is hereby agrees to the terms and conditions mentioned herein. This platform/website is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of this platform/website constitutes your agreement to all such terms and conditions.
Terms of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ... (“IEN Africa”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.PORTAL-IENAFRICA.ORG (THE “SITE”) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY IEN Africa (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
Acceptance of Terms
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporates IEN Africa’s Privacy Policy, IEN Africa’s Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by IEN Africa, each of which is incorporated by reference and each of which may be updated by IEN Africa from time to time without notice to you. In addition, some services offered may be subject to additional terms and conditions promulgated by IEN Africa from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Access
Subject to these Terms of Use, IEN Africa may offer to provide the services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services IEN Africa performs for you, any applications or widgets offered by IEN Africa that you download from the Site or from third party application stores authorized by IEN Africa, as well as the offering of any materials displayed or performed on or through the Site or the services, including Content,as defined below.
Eligibility
The service is available only to individuals who are at least 14 years old. All users represents and warrants that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. IEN Africa may, in its sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service is revoked in such jurisdictions.
Modification of Terms of Use
IEN Africa reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to users. IEN Africa may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the services, following the posting of any changes, to the Terms of Use, constitutes acceptance of those changes.
Rules and Conduct
As a condition of use, you promise not to use the services for any purpose that is prohibited by the Terms of Use. The services (including, without limitation, any Content or User Submissions, both as defined below, is provided only for your own personal use. You are responsible for all of your activity in connection with the services. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by IEN Africa or its partners on or through the services. By way of example, and not as a limitation, you shall not (and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the services, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity
- violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy
- is tortuous, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by IEN Africa in its sole discretion
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
- involves commercial activities and/or sales without IEN Africa’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of IEN Africa or any third party; or
- impersonates any person or entity, including any employee or representative of IEN Africa.
Additionally, you shall not:
- take any action that imposes or may impose (as determined by IEN Africa in its sole discretion) an unreasonable or disproportionately large load on IEN Africa’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the services or any activities conducted on the services;
- bypass any measures IEN Africa may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service);
- run any form of auto-responder or “spam” on the service; or
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly):
- decipher, compile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
- modify, translate, or otherwise create derivative works of any part of the service, or
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive here under.
You shall abide by all applicable local, state, national and international laws and regulations. IEN Africa does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the service. IEN Africa has no obligation to monitor the Site, service, Content, or User Submissions. However, IEN Africa reserves the right to
- remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if IEN Africa is concerned that you may have violated the Terms of Use), or for no reason at all and
- to remove or block any User Submissions from the services.
Registration
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the services, you are required to register with IEN Africa and provide IEN Africa with accurate, truthful, and complete registration information (including, but not limited to your name, e-mail (“User Name”) address and a password you will use to access the service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your IEN Africa account. You shall not provide any false personal information to IEN Africa (including a false User Name) or create any account for anyone other than yourself without prior permission; use a User Name that belongs to another person with the intent to impersonate that person; use a User Name that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name and it is not offensive, vulgar or obscene. IEN Africa reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your IEN Africa password. You shall never use another user’s account without such other user’s express permission. You will immediately notify IEN Africa in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites and services
The services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under IEN Africa’s control, and you acknowledge that IEN Africa is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by IEN Africa or any association with its operators. You further acknowledge and agree that IEN Africa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
The services may permit you to interact with advisors, mentors, investors, corporates, service providers and other such associated persons that may be related to various different services. When you act upon their advice or enter into any formal/informal business agreement with them, you do so at your own risk. These associated persons are not under IEN Africa’s control, and you acknowledge that neither IEN Africa nor these associated persons are responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such associated persons. You further acknowledge and agree that IEN Africa or these associated persons, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License
You agree that the service contains Content specifically provided by IEN Africa or its Partners (Partners include Evaluation Committee Members,Mentors, Incubators, Funds, Investors, Service Providers, Other related users) and that such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the services, if any. IEN Africa grants each user of the Site and/or service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from IEN Africa, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
User Submissions
These services provide you with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the service, you:
- acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User Name ("e-mail") in association with any such User Submission;
- hereby do and shall take responsibility for registering and protecting your intellectual property through appropriate means. IEN Africa will in no way be responsible for the protection of your intellectual property; except by way of ensuring that user submissions where marked “private” by user are not shared publicly and that all user submissions are only visible to IEN Africa partners who are responsible for evaluating, mentoring and otherwise supporting users
- by publishing User Submissions on IEN Africa you agree to use of our services in pre-incubation and incubation, which involve online and in-person interactions with IEN Africa partners who will have access to user submissions.
For clarity, the foregoing license grant to IEN Africa does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; represent and warrant, and can demonstrate to IEN Africa’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, except those contents which are earmarked as “Private”,(ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iii) you are authorized to grant all of the aforementioned rights to the User Submissions to IEN Africa and all users of the services; you agrees to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the services; you represent and warrant that the use of such User Submissions by IEN Africa and use of such other information by users of the Site and services as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and understands that IEN Africa shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you, such that the variation of information made by IEN Africa, does not materially change the intent of the information submitted; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that IEN Africa will not be liable for any errors or omissions in any content; and that IEN Africa cannot guarantee the identity of any other users with whom you may interact in the course of using the services. IEN Africa does not endorse and has no control over any User Submission. You shall be solely responsible to protect your intellectual property rights and trademark/patent./register your ideas /innovation, wherever possible. IEN Africa shall not guarantee the authenticity of any data which users may provide about themselves. Also, IEN Africa, in no event, takes any responsibility of any damages resulting from screened application of advice given through videos and other content; or through mentors and investors or through any other manner, registered with IEN Africa. You acknowledge that all Content accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Termination
IEN Africa may terminate your access to all or any part of the services and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
IEN Africa has no special relationship with or fiduciary duty to you. You acknowledge that IEN Africa has no control over, and no duty to take any action regarding, which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release IEN Africa from all liability, for you having acquired or not acquired Content through the Site. IEN Africa makes no representations concerning any Content contained in or accessed through the Site, and IEN Africa will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IEN Africa, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IEN Africa will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on IEN Africa’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless IEN Africa, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, services, Content, Add-to Link or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. IEN Africa reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with IEN Africa in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL IEN Africa, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR ADD-TO LINK (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION),
Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and IEN Africa agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Andhra Pradesh, excluding its conflicts of law rules, and India. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hyderabad, India using English language in accordance with the Arbitration Rules and Procedures of Arbitration and Conciliation Act, 1996 then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of Arbitration and Conciliation Act, 1996. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Hyderabad High Court. Use of the services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Integration and Severability
The Terms of Use are the entire agreement between you and IEN Africa with respect to the services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and IEN Africa with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
IEN Africa shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IEN Africa’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you. IEN Africa may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Contact
We are located at ... , ... Road, Nairobi, Kenya. These terms are effective January 1, 2020.
Any user registers with the Company under this platform/website should conduct its own investigation and analysis of any such information, data, contained or disseminate under this platform/website. Company makes no representations and warranties regarding the accuracy or completeness of such information and expressly disclaims and all liabilities based on such information or any omission therefrom. IEN Africa does not accept responsibility for any losses or damages arising directly, or indirectly, from the use of this platform/website.
Company also does not provide any protection of Intellectual Property or any such right of any information, ideas, suggestions, advices, services shared under this platform/website. It is the sole discretion of the user to use any information, ideas, suggestions, advices, services shared under this platform/website and arrive at any decision.
As a condition of your use of this platform/website you warrant to the Company that you will not use the platform/website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User shall not use this platform/website in any manner which could damage, disable, overburden, or impair the Company or interfere with any other party’s use and enjoyment of this platform/website.
Company also reserves the right in its sole discretion, to terminate your access to the platform/website and the related services or any portion thereof at any time, without notice.