PLEASE READ THESE TERMS CAREFULLY, AS THEY APPLY TO YOUR APPLICATION AND PARTICIPATION IN THE PRIZE COMPETITION (AS DEFINED BELOW). BY SUBMITTING YOUR APPLICATION (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.

https://africabusinessheroes.org/ (the “Site”) is the online platform for African Netpreneur Prize Initiative, an initiative of Jack Ma Foundation (hereinafter Jack Ma Foundation and the African Netrpreneur Prize Initiative to be referred to as the “ANPI”, “we”, “us”, “our” etc as the context so admits.)

Since 2019, ANPI 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.

These Terms are incorporated into the ANPI Disclaimers (“Disclaimers”) by reference. Any terms used in these Terms will have the same meanings as those in the Disclaimers unless otherwise specified. Any reference to Services in the Disclaimers or herein includes the Final Events.  In the event of any conflict between these Terms and the Disclaimer, the Disclaimer will prevail.

This Site and the Services is not available or otherwise offered to consumers.   Please do not use this Site if you are a consumer.

1. Definitions

Capitalised terms used in these Terms shall have the following meanings:

"ANPI Content"

means any data, content, material or information, in any format whatsoever, including (without limitation) any marketing materials, adverts, promotional materials, posters, text, software, images, graphics, photos, videos, sound recordings, audio and video recordings, directories, databases or listings, that are in relation to the Prize Competition(s) and were created by or on behalf of ANPI, or which are made available on or through the Site;

“Cash Prize”

means a cash prize of USD 1,500,000, to be divided amongst the Winners at the sole discretion of ANPI;

"Contestant(s)"

means an applicant entrepreneur who has been accepted and registered by or on behalf of ANPI for participation in the Prize Competition in order to compete to receive the Cash Prize;

“Event”

means the Semi-Final Event and/or the Final Event (as the context so admits);

"Final Event"

means the final pitch events held in one of the African countries, that are organised by ANPI each year, each of which shall involve the final ten (10) Winners pitching their business proposal to the Judges for the Judges to determine the ranking of the Winners;

"IP Rights"

means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, image rights, copyrights, moral rights, design rights, rights in software, database rights, rights in designs, inventions, semiconductor topography rights, rights to use, and protect the confidentiality of, confidential information, know-how, trade secrets and all other intellectual property rights which subsist or will subsist now or in the future in any part of the world, in each case whether registered or unregistered, exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;

"Judges"

means the individuals selected by ANPI to consider the business pitches presented by the Contestants, and who will determine which Contestants shall win the relevant Semi-Pitch Event or Final Event in which they are judging;

"Prize Competition"

means the global pitch competition organised by ANPI for African entrepreneurs to compete via the Semi-Pitch Events and Final Event in order for ten (10) Winners to share the Cash Prize, and any related press conferences and/or promotional events as determined by ANPI in its sole discretion;

"Premises"

means the premises at which the Semi-Pitch Events, Final Event, or any press conferences, promotional events or workshops related to the Prize Competition are held;

 Semi-Final Event”

means the semi-final pitch events held in one of the African countries, that are organised by ANPI each year, each of which shall involve the final twenty (20) Contestants pitching their business proposal to the Judges for the Judges to determine the Winners;

“Services”

means the services provided by us which includes the use of the Site, the Prize Competition and any other events or activities organized by us at any time;

"Third Party Materials"

means any materials, information and/or content (in any format whatsoever) provided, uploaded, transmitted, submitted to ANPI  (including through our Site and our social media groups) or posted by or sourced from any third party;

 “Winners”

means the final ten (10) Contestants selected by the Judges in the Semi-Final Event;

"You" or "Your"

means you (in your capacity as the founder or co-founder of the company) and your company applying to register for the Prize Competition, and the person who is using the Site and/or applying to register for the Prize Competition;

"Your Application"

means the application form submitted by you via the Site, for participation in the Prize Competitions as a Contestant which complies with the eligibility criteria set out in Clause 3.

"Your Content"

has the meaning given in Clause 9.

2. The Prize Competition

  1. The Prize Competition is organised and hosted by ANPI. By submitting Your Application and/or participating in the Prize Competition, you agree to be bound by and accept these Terms. If you do not agree to these Terms, then you must not submit Your Application and you should not participate in the Prize Competition.
  2. ANPI shall specify the rules and procedure in relation to the Prize Competition and how they shall be conducted. The current rules and procedures can be found at Application Guide - Do’s & Don’ts. The Winners shall be entitled to receive the Cash Prize, which shall be provided by ANPI. You understand and agree that the exact amount of the Cash Prize to be allocated to each Winner shall be determined by ANPI in its sole discretion.
  3. As a Contestant, You understand and agree that ANPI does not provide any guarantees, undertakings or warranties in relation to Your chances of becoming a Winner.
  4. ANPI shall have the absolute discretion to make any decisions in relation to the Prize Competition, and its decisions shall be final and binding.
  5. You acknowledge and agree that ANPI, at its sole discretion shall have the right to record the Prize Competition (in any format or media), and broadcast, stream, publish, transmit or otherwise make publicly available the Prize Competition (including without limitation the ANPI Content) in whatsoever manner (including, without limitation, as a live-stream), as well as allow the public to attend, view, and/or watch any broadcast or recording of the Prize Competition (including the Final Event and/or any Semi-Pitch Events), either for free or in return for compensation. You shall not have any right to edit, object to or request the take down of, and shall not have any rights, title or interest in such recordings or broadcasts (in any format whatsoever), and all IP Rights in such recordings or broadcasts are owned exclusively by ANPI as ANPI Content, pursuant to Clause 11. You shall not be entitled to any part of the compensation received by ANPI from the public, or any distribution, broadcasting or licensing revenue received by ANPI.  You further waive any IP Rights that You may have in any part of the broadcasts or recordings.  
  6. All costs and expenses incurred by You in relation to Your Application and/or Your participation in the Prize Competition shall be borne solely by You.

3. Registration

  1. You understand and agree that not all applications for participation as a Contestant in the Prize Competition will be accepted by ANPI if the application does not meet our criteria. ANPI retains its sole discretion in deciding whether to accept Your Application.
  2. You acknowledge and agree that You can only participate in the Prize Competition as a Contestant if:
    1. You create and register an account on the Site;
    2. You meet all of the following eligibility criteria:
      1. Your company is Africa-Based – i.e. the business is registered and headquartered in an African country, and primarily operates in Africa
      2. You are the Founder or a Co-Founder of the eligible company. 
      3. You have traceable/provable African nationality. In other words, you have/had African citizenship or your parent or grandparent is/was an African citizens.  If you are invited to participate in the Semi-Final Event we may ask you to provide documentary proof that you meet this eligibility criteria.
      4. Your company is post-Idea stage (meaning that the original concept of business has been put into operation in Your company) in which its business is at least 3 years old or more and has at least 3 years of revenue history
      5. You will submit a certificate of incorporation and/or business license to us to prove your company’s legal status
    3. You have submitted Your Application by the deadline: midnight June 22nd 2020, 23:59:59 GMT (or such other date as announced by us on the Site). 
    4. You have a referral who will submit his/her reference for you/your company by the deadline: midnight June 22nd 2020 23:59:59 (or such other date as announced by us on the Site).  The list of individuals that are permitted to act as referrals is listed on the Site.
    5. You are willing to take part in marketing activities during and after the Prize Competition. This will include but is not limited to taking part in interviews, participating in social media activities or other campaigns.
  3. If You wish to participate in the Prize Competition as a Contestant, then You must submit Your Application via the relevant registration page on the Site, and any supporting documents requested by ANPI from time to time. Your Application must be submitted on or before the relevant application deadline stated on the Site in order to be considered by ANPI.  Applications will not be considered if they are received after the registration deadline set out in Clause 3(ii)(c).
  4. ANPI has the sole discretion to determine whether or not to accept or reject Your Application, for any reason whatsoever, with no liability to You.
  5. You represent and warrant that all information and materials submitted by You in relation to Your Application and any supporting documents shall be complete, up-to-date and accurate, and shall not infringe the rights of any third parties. Upon becoming aware that any information or materials provided by You to ANPI are no longer complete, up-to-date or accurate or if any of the information has changed, You shall promptly notify ANPI in writing at info@africabusinessheroes.org.

4. Verification

To register and to be accepted for the Prize Competition, You must successfully complete the online verification process prior to the deadlines described on the verification page for the Prize Competition for the year in which the Prize Competition is made available to the public.  The verification page is available once you set up your account. You can read the criteria here. Acceptance and participation for the Prize Competition through the verification process is subject to availability and may close earlier than posted deadlines at ANPI’s sole discretion. Upon completion of the verification process, You will be sent a confirmation by email. The confirmation is sent to the email address provided by You during the verification process.  If you do not receive a confirmation email Your application has not been accepted. 

5. Cancellation By You

In the event of cancellation of Your participation in the Events the following notice periods will apply:

  1. Cancellation of Your participation in the Semi-Final Event, written notification must be sent by email to info@africabusinessheroes.org 72 hours before the confirmed date of the Semi-Final Event; and 
  2. Cancellation of Your participation in the Final Event, written notification must be sent by email to info@africabusinessheroes.org 30 days before the confirmed date of a Final Event as provided by us. 

In the event of any cancellation by You or us, the Disclaimers and these Terms and Conditions, as applicable, will continue in full force and effect.  

Where you are featured or otherwise included in the ANPI Content, you acknowledge and agree that we may continue to use such ANPI Content notwithstanding cancellation of Your participation in accordance with this clause 5.

6. Prize Competition And Cancellation By Us

The Prize Competition is subject to change at any time and at ANPI’s sole discretion. This means that we may at any time and without notification:

  1. change or cancel the Prize Competitions as follows:
    1. Cancellation of Semi-Final Event, written notification will be sent to you via email at least 72 hours before the confirmed date of the Semi-Final Event; and 
    2. Cancellation of Final Event, written notification will be sent to you via email to info@africabusinessheroes.org at least 30 days before the confirmed date of a Final Event;
  2. deny, limit or cancel a verification for the Prize Competition (including a confirmed verification) ;
  3. change or cancel the programme, format or location of the Prize Competition; or
  4. limit the number of Contestants or Winners.

This list is non-exhaustive.

In addition, ANPI reserves the right to cancel the Prize Competition by reason of a Force Majeure Event.  ANPI will notify You of the cancellation as soon as possible.   The parties agree that ANPI will not be in breach of any agreement with You (including these Terms) by virtue of the cancellation or abandonment.  For the purposes of this clause a “Force Majeure Event” means any circumstance not within a party's reasonable control which prevents, hinders, or delays ANPI’s performance of its obligations under these Terms for a continuous period of more than [30 days] including, without limitation:

(a)acts of God, flood, drought, earthquake or other natural disaster;

(b)epidemic or pandemic;

(c)terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

(d)nuclear, chemical or biological contamination or sonic boom;

(e)any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition[, or failing to grant a necessary licence or consent];

(f)collapse of buildings, fire, explosion or accident; and

(i) curtailment of transportation services or interruption or failure of utility service.

Without prejudice to the foregoing, we shall not be liable to You in any way for any loss, damages, costs or expenses suffered or incurred (directly or indirectly) by You in relation to any changes to or cancellations of any element or aspect the Prize Competition (in whole or in part).

7. Code of Conduct

You agree to behave in such a way as to create a safe, supportive environment throughout your participation at the Prize Competition(s) and any related Event(s). You agree not to engage in disruptive speech or behavior or otherwise interfere with the Prize Competition(s) or other individuals’ participation in the Prize Competition(s). You will comply with all applicable laws (including but not limited to those laws applicable to your domicile, residency or company operations and those laws applicable in the country in which the Events are being held)  and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. We may require Contestants engaging or threatening to engage in such behavior to leave the Prize Competition(s) or a related Event immediately. If You witness such behavior, please promptly contact our staff member so direct action can be taken.  This Code of Conduct applies to all individuals, co-founders, employees or consultants of Your company.

Specifically, You agree that You shall:

  1. not contravene or infringe any third party’s rights, including but not limited to ANPI’s IP Rights or the IP Rights of any other Contestant;
  2. not engage in any activity that interferes with, disrupts or adversely affects the Prize Competition or other Contestants' participation in the Prize Competition;
  3. not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour;
  4. not make any statements, comments or issue any materials that are derogatory, defamatory or adverse to the reputation of any member of ANPI, Jack Ma Foundation  its authorised partners, Mr Jack Ma, Alibaba Group and its subsidiaries and affiliates or the Prize Competition;
  5. comply at all times with any requirements or restrictions related to Your access to the Premises, and all rules and procedures issued by ANPI or its authorised partner in relation to the Prize Competition;
  6. not copy, modify, reproduce, download, re-publish, sell, distribute or create derivative works from any ANPI Content (in whole or in part);
  7. not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Site;
  8. not take any action or allow any third party to take any action that would enable You, or any third party, to gain unauthorised access to, monitor or to tamper with or use any computer systems or networks of ANPI or any third parties; and
  9. use the Site and any ANPI Content only for purposes that are expressly permitted by these Terms.

8. Information About You

Your contact details and other personal information will be handled in accordance with the information handling practices described in the Privacy Policy. You consent to the collection, use and disclosure of the information You enter when registering for the Prize Competition(s) by us and our affiliates in accordance with that Privacy Policy. If You opt in to receive promotional materials from us, we will use Your contact information to send details and announcements to You related to the Event, and communicate with You about any of our other offers, Events or Services. You can unsubscribe from promotional emails at any time by contacting us at info@africabusinessheroes.org.

9. License To Use Items

In consideration of the opportunity to participate in the Prize Competition, You and Your company hereby grant ANPI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, assignable, transferable and fully sub-licensable license to store, use, reuse, copy, reproduce, process, edit, modify, adapt, reproduce, publish, display, circulate, distribute, create derivative works from, incorporate into any ANPI Content, translate, transmit and disseminate the following ("Your Content"):

  1. any data, material, information, trade marks, trade names or logos or any other IP Rights, provided, uploaded, submitted or presented by You (in any format whatsoever) to ANPI or its service providers, or via the Site or any social media platform or through any other portal made available from time to time in relation to the Prize Competition, and or otherwise in connection with or during the Prize Competition; and
  2. any photographs, images, videos, audio and/or sound recordings, that ANPI or its service providers make, create, live stream, broadcast or record of You, your employees and/or representatives in connection with the Prize Competition,

in any form, media or technology whatsoever, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Prize Competition in any part of the world, and as otherwise permitted under these Terms.

You represent, warrant and undertake that You have all the rights, power and authority necessary to grant the license described in this Clause without infringement or violation of any third party rights. You agree that You are responsible for protecting and enforcing Your own IP Rights and ANPI have no obligation to do so on Your behalf.

You agree that You waive, and have obtained all waivers from your employees and representatives of, any and all moral rights in Your Content in favour of ANPI.

ANPI reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify, refuse or use any of Your Content, at its sole discretion. 

ANPI will be entitled to licence Your Content to any licensee for the purposes of fulfilling ANPI’s obligations under these Terms.  Accordingly, You provide the following consent to ANPI, its affiliates and sub-licensees to take photos, digital images, audio and/or video footages of you, and to use your Image (defined below) in any form of media for the purpose of promoting the Prize Competition, ANPI and/or Africa entrepreneurship. The term “Image” refers to the full set of attributes of your personality, including but not limited to your image, voice, family name and forenames, tagline, catch-phrase, signature and business name / logo. 

  1. You grant ANPI an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, assignable, transferable and fully sub-licensable license to all present and future rights, title and interest in all intellectual property (including, without limitation, any trademark, copyright, publicity, and database rights, and the right to prepare derivative works) you have in your Image, to store use, reuse, edit, modify adapt, reproduce, display, host, publish, circulate, or distribute your Image as ANPI deems appropriate in its sole and absolute discretion. 
  2. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights. ANPI is not obligated to submit any promotional and other materials to you, or your organization for approval, or to produce, distribute or utilize any of the rights granted herein. 
  3. You irrevocably and unconditionally waive any and all moral and similar rights vesting in your Image to the extent legally permissible.  

10. Confidentiality

  1. You understand and agree that Your Content is not confidential and may be disseminated and disclosed by ANPI, its partners, and its sub-licencees pursuant to Clause 9, and may become known to the public (including, without limitation, when members of the public attend the Prize Competition(s) or view any promotional or marketing materials).
  2. ANPI shall not be responsible for and assumes no liability to You to maintain the confidentiality of any of Your Content. It is Your obligation to ensure that no proprietary or confidential information or materials are provided to ANPI, as this will be subject to Clause 9.
  3. For the avoidance of doubt, this Clause 10 is without prejudice to the Privacy Policy.

11. ANPI's IP Rights

  1. You acknowledge and agree that as between You and ANPI, all rights, title, interest and IP Rights in relation to the Prize Competition(s), the ANPI Content and the Site are owned exclusively by ANPI or its third party licensors.
  2. You have and will have no rights, title or interest in relation to the Prize Competition(s), the Site or the ANPI Content (excluding Your Content).
  3. You shall not use any IP Rights of any member of ANPI, and nothing in these Terms shall be construed as granting You any rights to such IP Rights. You shall not use any IP Rights, image, content of any third party without that third party's prior written authorisation. You shall not use any IP Rights, image or content in a way that is likely or intended to cause confusion about the owner or authorized user of such IP Rights, images or content or challenge their validity.

12. Third Party Materials

  1. You acknowledge and agree that ANPI shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Materials. ANPI does not endorse, verify, otherwise certify or monitor any Third Party Material, including any that may be incorporated in the ANPI Content.
  2. The Site may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to ANPI. You understand and agree that:
    1. ANPI has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
    2. ANPI makes no guarantee or warranty, and is not responsible for any such external websites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources).

13. Assumption of Risk

You acknowledge and agree that Your attendance and participation in the Prize Competition(s) is voluntary and at Your sole risk.  To the extent permitted by law, ANPI disclaims any and all liability in relation to Your participation in the Prize Competition(s) or your attendance at the Premises or your attendance at any Event, or in relation to any other act or service required under these Terms..

14. Disclaimers

  1. The ANPI Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
  2. YOUR PARTICIPATION IN THE PRIZE COMPETITION AND YOUR USE OF THE ANPI CONTENT AND THE SITE, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANPI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RESPECT OF THE PRIZE COMPETITION, THE SITE AND ANY ANPI CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
  4. WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 14.iii. ABOVE, ANPI MAKES NO REPRESENTATIONS OR WARRANTIES:
    1. AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF THE ANPI CONTENT;
    2. THAT THE ANPI CONTENT, THE SITE, OR THE PRIZE COMPETITION ARE FREE OF DEFECT, ERROR, OMISSION OR VIRUS;
    3. THAT YOUR USE OF THE SITE OR THE ANPI CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
    4. THAT DEFECTS, DEFICIENCIES OR ERRORS IN THE SITE, THE ANPI CONTENT OR THE PRIZE COMPETITION WILL BE CORRECTED.

15. Liability

  1. Nothing in these Terms, shall exclude or restrict any warranty or liability for death or personal injury caused by ANPI's or Your negligence, for fraud or fraudulent misrepresentation or that may not be lawfully excluded or limited by the laws applicable to You including the countries of domicile, residency and company operations and the laws applicable in the countries where the Event is held. Only the limitations and/or exclusions that are lawful under the applicable law will apply, and ANPI's liability will be limited to the maximum extent permitted by the applicable law.
  2. ANPI SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHATSOEVER (INCLUDING WHETHER GENERAL, SPECIAL, INDIRECT, DIRECT, NOMINAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INCLUDING LOSS OF PROFIT; LOSS OF REVENUE; LOSS OF TIME; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OR CORRUPTION OF DATA; LOSS OF USE; LOSS OF BUSINESS; WASTED EXPENDITURE; LOSS OF OR DAMAGE TO PHYSICAL PROPERTY; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO GOODWILL, WHICH MAY ARISE IN RELATION TO THESE TERMS, THE PRIZE COMPETITION, THE SITE, THE ANPI CONTENT OR THE PREMISES, any access, use and/or inability to use the site or the Services; reliance on any data or information made available through the site and/or through the Services; 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 any use of or access to any other website or webpage linked to the site, WHETHER OR NOT ANPI WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
  3. WITHOUT PREJUDICE TO CLAUSE 14 OR THE GENERALITY OF CLAUSE 15.ii, ANPI SHALL NOT:
    1. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES SUFFERED BY YOU (HOWEVER ARISING, INCLUDING (WITHOUT LIMITATION) AS A RESULT OF NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIZE COMPETITION, THE SITE, THE ANPI CONTENT OR THE PREMISES; OR
    2. BE LIABLE FOR ANY CHANGES OR AMENDMENTS TO OR CANCELLATION OF THE PRIZE COMPETITIONS (IN WHOLE OR IN PART).
  4. WITHOUT PREJUDICE TO CLAUSE 15.ii AND CLAUSE 15.iii, SOLELY TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION ISSUES A DECISION THAT CLAUSE 15.ii AND CLAUSE 15.iii ARE INVALID OR UNENFORCEABLE, ANPI 'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIZE COMPETITION, THE SITE OR ANPI CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED USD100 (one hundred US dollars). 

16. 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.

17. Severability

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.

18. Entire Agreement

These Terms contain the entire agreement between You and ANPI in respect of its subject matter.

19. Waiver

A failure or delay by ANPI to exercise any right or to act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by ANPI of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

20. Assignment

You may not transfer any of Your rights or obligations under these Terms without the prior written consent of ANPI. ANPI may transfer its rights or obligations to any third party without Your consent.

21. Assumption Of Risk

You acknowledge and agree that Your attendance and participation in the Prize Competition(s) is voluntary. You agree to assume the risks associated with attending and participating in the Prize Competition(s) to the fullest extent permitted under applicable law.

22. Changes To These Terms

We may revise these from time to time to reflect changes in our Services or the Prize Competition(s). We encourage You to review these Terms periodically to be informed of any latest changes. Where we consider any changes to these Terms reasonably material, we will notify You prior to such changes becoming effective (to the email you provided during the verification process or any other means). You agree that by participating in the Prize Competition(s), with or without notice from us, You consent to the changes to these Terms.

23. Contact Us

You may write to us at info@africabusinessheroes.org for any privacy concerns and requests relating to these Terms, Disclaimers, the Privacy Policy, or our Site and Services.

 

Last updated: 2 April 2020.