You are hereby granted permission to use the Website, as set forth in these Terms & Conditions, provided that: (a) your use of the Website shall be solely for your personal, academic and non-commercial use; (b) you will not copy or distribute any part of the Website in any medium without the prior written consent (emphasis on written consent) of BIMHarambee.Africa; (c) you will not alter or modify any part of the Website; and (d) you will comply with these Terms & Conditions solely or be held liable.
To access certain features of the Website, you may have to create an account in your name. You may never use any third party’s account without permission. When creating your account, you must provide complete and accurate information, and you must not impersonate the character or details of a third party. You are solely responsible for all activity on your account and must always keep your account password secure. You must notify BIMHarambee.Africa immediately upon any breach of security or unauthorised use of your account. Although BIMHarambee.Africa will not be liable for losses caused by any unauthorised use of your account, you may be liable for losses sustained by BIMHarambee.Africa or others, due to such unauthorised use.
While using the Website, you agree not to use any automated systems which access the Website in a manner that sends more request messages to BIMHarambee.Africa servers, in any given period of time, than a human can reasonably produce in the same period, by using a convention on-line web browser. Notwithstanding the foregoing, BIMHarambee.Africa grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BIMHarambee.Africa reserves the sole right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users. All website products, challenges and services are voided where prohibited by law.
BIMHarambee.Africa does not claim any ownership over Content you submit or make available on the Website. Ownership is always retained by Users. By submitting content to BIMHarambee.Africa you affirm, represent, and warrant that you own (and/or otherwise have the right to submit) the Content submitted or made available by you on BIMHarambee.Africa. However, with respect to content on publicly accessible areas of the Website, you hereby grant BIMHarambee.Africa, as well as its partners and sponsors, the right to display the Content and the right to use the Content to promote its activities on social media and other websites. In such cases, credit will be explicitly given to you as the owner of the Content in partnership with BIMHarambee.Africa.
THIRD PARTY WEBSITES
The Website permits the submission of images, photos and other communications and materials (“Submissions“) and the hosting, sharing, and publishing of such Submissions. Whether or not such Submissions are published, BIMHarambee.Africa does not guarantee the confidentiality of any submissions. By submitting any of your material to the Website, you grant BIMHarambee.Africa the right to provide exposure to your materials by posting it on the web and using it in the promotion of the Website and BIMHarambee.Africa. All used information will be credited to the source and will not be used, except as permitted by these Terms & Conditions. All information and images shall be used solely in the context of promoting BIMHarambee.Africa and the Website, at the Website’s sole discretion and with no additional compensation owed to the Users.
You may also receive invitations to participate in a BIMHarambee.Africa event or publication. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize BIMHarambee.Africa to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions and you have the written consent, release, and permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms & Conditions. You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to BIMHarambee.Africa, you hereby grant BIMHarambee.Africa a worldwide, non-exclusive, royalty-free and transferable license to display content to other Users and visitors of the website. With respect to Submissions you submit or make available on publicly accessible areas, a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such submissions is hereby granted to BIMHarambee.Africa, solely for the purpose of providing and promoting the specific BIMHarambee.Africa file to which such Submissions were submitted or made available. This license exists only for as long as you elect to continue to include such Submissions on the Website and will terminate at the time you remove or BIMHarambee.Africa removes such Content from the Website. “Publicly accessible” areas of are those areas which are intended by BIMHarambee.Africa to be available to the general public. For example, publicly accessible areas would include Forums. However, publicly accessible areas would not include portions of the Website that are limited to specific individuals, or areas such as World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by BIMHarambee.Africa.
In connection with Submissions, you further agree that you will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BIMHarambee.Africa all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage BIMHarambee.Africa, its partners, sponsors or any third party; (c) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business, or (e) impersonate another person.
BIMHarambee.Africa does not endorse any Submission, or any opinion, recommendation, or advice expressed therein and BIMHarambee.Africa expressly disclaims any and all liability in connection with Submissions. BIMHarambee.Africa does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and BIMHarambee.Africa will remove all content and Submissions, if properly notified that such content or Submissions infringes on another’s intellectual property rights.
BIMHarambee.Africa reserves the right to remove content, close accounts, and Submissions without prior notice. BIMHarambee.Africa will also terminate a User’s access to its Website if they are determined to be an infringer. BIMHarambee.Africa also reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BIMHarambee.Africa may remove such Submissions and/or terminate a User’s access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
CONTENT ON BIMHARAMBEE.AFRICA WEBSITE
Content on The Website (“Content”) is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BIMHarambee.Africa reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not harvest or collect information, including screen names, about other members or Users. The use of any information learned through the Website is limited to the express purposes set forth in these Terms & Conditions; all other uses are strictly prohibited.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIMHARAMBEE.AFRICA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIMHARAMBEE.AFRICA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BIMHARAMBEE.AFRICA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIMHARAMBEE.AFRICA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREIN
LIMITATION OF LIABILITY
IN NO EVENT SHALL BIMHARAMBEE.AFRICA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BIMHARAMBEE.AFRICA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS HOSTED BY BIMHARAMBEE.AFRICA IN SOUTH AFRICA. BIMHARAMBEE.AFRICA MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions and to abide by and comply with these Terms & Conditions. If you are regarded as UNDERAGE in your jurisdiction, please do not use the Website.
These Terms & Conditions, including any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by BIMHarambee.Africa without restriction.
You agree to defend, indemnify and hold harmless BIMHarambee.Africa, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that one of your Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms & Conditions and your use of the Website. You agree to defend, indemnify and hold harmless BIMHarambee.Africa, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: the Website or BIMHarambee.Africa third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions.
You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over BIMHarambee.Africa, either specific or general. These Terms & Conditions shall be governed by the internal substantive laws of the Website host Country – South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and BIMHarambee.Africa that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Website host Country – South Africa.