https://africabusinessheroes.org/ (the “Site”) is a website of African Netpreneur Prize Initiative, an initiative of Jack Ma Foundation (hereinafter Jack Ma Foundation and the African Netpreneur Prize Initiative to be referred to as the “ABH”, “we”, “us”, “our” etc as the context so admits). Any reference to “You” or “Participant” includes the users of this site, applicants and judges of the competition.
Since 2019, ABH organizes an annual Prize Competition which focuses on empowering, supporting and inspiring a new generation of African entrepreneurs across all sectors, with a focus on small businesses and grassroots communities, who are building a more sustainable and inclusive economy for the future. The Prize Competition is further defined in the ABH Terms and Conditions.
Your use of our Site or your provision to us of any content or personal information constitutes your agreement to these Disclaimers as amended from time to time. Do not use the Site or provide content or personal information to us if you do not agree to the Disclaimers or if your jurisdiction will not honour them. In addition, do not use the Site if you are a consumer.
Some users of this Site are employees or agents of business entities, so references to “you” in these cases means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the “user” individually unless otherwise stated on the Site or in these Disclaimers.
If you are a person considered as a “minor” by your jurisdiction, you represent and warrant that you have obtained all necessary consent from your guardian, legal representative, or any other third parties, if required by your jurisdiction, to use this Site and to understand and fulfill your obligations under our Disclaimers, Terms and Conditions, Terms of Website Use and Privacy Policy, and in these cases “you” means both: (1) your guardian, legal representative, or any other third parties, and (2) the “user” individually unless otherwise stated on the Site or in these Disclaimers. All applications submitted by minors must be accompanied by the ABH Participation Release signed by your guardian, legal representative or parent (please click HERE to be taken to the Release). We will not accept applications from minors unless we have the signed Release form.
In the event of a conflict between the terms of this Disclaimer and any of the Terms and Conditions, Terms of Website Use and Privacy Policy, the terms of this Disclaimer will prevail where lawful.
1. Your Obligations
(1) Your personal information
When you provide information about yourself in participating or applying for the ABH Prize Competition offered by us, you agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or ABH has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, ABH may suspend or terminate your application, grant or participation in the Prize Competition(s), in addition to exercising all rights and remedies allowed by law without being liable to you. Further information relating to the collection, processing and use of your personal information is set out in the Privacy Policy.
(2) User generated content
Sometimes you may wish or may be asked to provide User Generated Content (“Content”) in using some features of our Site, such as by uploading a proposal or a resume, or by submitting comments or feedback online or via emails. When you provide such Content, you represent and warrant that the Content is: (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to ABH for download, distribution, and use under these Disclaimers without violation of laws or incurring any liabilities to any parties.
You agree to grant ABH, its affiliates, authorised partners and any third parties sub-licensees and successors and assigns, a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable license to (a) use, copy, distribute, modify and create derivative works from the Content; (b) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (c) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties to allow ABH or other licensed persons to fulfill our mission, operations, or any other functions directly related to our mission and operations.
In addition to the rights above, you acknowledge and agree that we may keep your Content for as long as we think necessary and or advisable and we reserve the right to retain it to the full extent not prohibited by law (except for Content that contains personal information, in which case, we may keep such personal information in accordance with the Privacy Policy) and disclose it for any purpose pursuant to our Privacy Policy.
You agree not to upload, post, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be: (a) defamatory, obscene, invasive to another person’s privacy or confidential information; (b) infringing upon any third party’s intellectual property rights, including but not limited to, any patent, trademark, trade secret, copyright, or right of publicity; (c) containing any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (d) in violation of any applicable license, applicable law, or contractual or fiduciary duty of any party.
2. Limitations Of Our Liabilities
(1) The Site and all its content, functionality, assistance and services are provided “as is” without any warranties from either us or any third parties, either express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.
(2) Without limiting the foregoing, we do not warrant that the Site and/or the Services (“Services” mean the services offered by us which includes the Prize Competition and/or any other events or activities organized by us) or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
(3) The Site is provided as is and when available, and we may change any or all of its content, functionality and Services in our discretion at any time without notifying you. We may also do this for particular activities even if you have started to participate. Also, we reserve the right to correct, change, withdraw or do anything else with the terms and conditions of the activities such as the Prize Competition without being liable for any consequences even if you have already taken action based on it.
(4) You acknowledge and understand that your submission of an application to the Prize Competition does not guarantee or otherwise signify our acceptance. You also acknowledge and understand that we will not pay you or anyone else any other forms of compensation or consideration even if we accept your application. We may also use, delete or ignore any information you provided without compensation to you or providing you with any other form of consideration or without notice to you and without undertaking any duties to you or anyone else unless otherwise agreed in writing with you.
(5) Our Site may contain links to web sites of third parties or contents provided by third parties such as our partners. While their information, products and services may be helpful to you, these third parties are independent entities and we do not control or endorse them. We do not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through our Services and we will bear no responsibility for such third party services and contents. You agree that any visits to linked sites or third party contents are solely at your own risk. There may be, from time to time, third party contents and services on our Services that are subject to further terms, including terms from the relevant third party that originally produced such contents and services. In such cases, and if you continue to use the third party contents and services, you agree to comply with any such further terms and conditions.
(6) ABH and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses or damage whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Site or the Services;
(b) reliance on any data or information made available through the Site and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
(7) Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Site and/or Services is entirely at your own risk and we shall not be liable therefore.
3. Intellectual Property
(1) You understand and agree that all intellectual property rights in or to our Services and Site belong to us and our licensors at all times.
(2) Except as expressly provided in these Disclaimers, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features associated with ABH without our prior written consent.
4. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless ABH and its officers, directors, employees, consultants and agents and any third parties, from and against any and all losses, damage, liability and costs of every nature incurred by us or any of them (including but not limited to litigation costs and attorneys’ fees) in connection with any claim, damage or loss related to your personal information and Content arising out of your use of the Site and any Services provided by us or third parties, or your breach of these Disclaimers. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.
5. Termination
(1) You understand and agree that we have the right, at any time, to suspend or terminate some or all of our Services without the need to notify you in advance or access to our Site. These Disclaimers will apply to your use of our Services until access to the relevant Services is terminated by either you or us.
(2) We may suspend or terminate your access to any or all of our Services: (a) if we reasonably believe that you have breached these Disclaimers, Terms of Website Use, Term and Conditions and/or Privacy Policy; (b) if we reasonably believe that you have failed to fulfil your duties and obligations you owe to any of our affiliates or third parties; (c) if your use of our Services creates risk for us or for other users of our Services, or otherwise gives rise to a threat of potential third party claims against us which will be potentially damaging to our reputation; or (d) for any other reason as determined by us at our sole discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
(3) Following termination of these Disclaimers, we will only retain and use your Content in accordance with these Disclaimers. We do not guarantee that we will be able to return any of your Content back to you and we may permanently delete your Content at any time without notice to you. Please ensure that you regularly back up your Content.
6. Updates
You understand and agree that from time to time we may update these Disclaimers by posting on our Site. Amended versions of these Disclaimers will take effect on the date specified for the amended version. You should regularly check our Site for updates and your continued use of our Site and Services constitutes your acceptance of the updated Disclaimers.
7. Governing Law
These Terms (including its interpretation and any disputes relating to it) shall be governed by the laws of Hong Kong, and are subject to the non-exclusive jurisdiction of the courts of Hong Kong.
8. Notice
(1) Any notification or notice given by us concerning these Disclaimers in connection with your use of our Services may be via emails, web postings, or others. Such notification or notice will take effect and is deemed to be delivered to you on the date it is sent or released. Emails will be sent to the email address associated with your account. Please make sure this is kept up to date.
(2) You agree that you will give us notice related to our Services and/or these Disclaimers via email to info@africabusinessheroes.org or any other methods recognized by us.
9. Miscellaneous
(1) To the extent permitted by applicable law, ABH and you hereby waive any provision of law that would render any clause of these Disclaimers invalid or otherwise unenforceable in any respect. In the event that a provision of these Disclaimers is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Disclaimers will continue in full force and effect.
(2) No waiver of a breach of these Disclaimers will constitute a waiver of any prior or subsequent breach of these Disclaimers. A failure or delay by ABH to exercise any right or to act upon a breach under these Disclaimers will not be a waiver of that right or breach. Any waiver by ABH of any of its rights or of a breach of these Disclaimers must be in writing, and such waiver is limited to the particular right or breach stated therein.
(3) We reserve the right to assign or transfer part or all of our interests, rights, and obligations under these Disclaimers to one or more affiliate companies of ours. We will notify you should such transfer or assignment occurs.
