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PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY APPLY TO YOUR USE OF OUR SITE (AS DEFINED BELOW). ACCESS BY YOU OF THIS SITE AND/OR USE BY YOU OF ANY INFORMATION ON THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE.

https://africabusinessheroes.org/ (the “Site”) is the online platform for Africa’s Business Heroes Programme, an initiative of Jack Ma Foundation  (hereinafter Jack Ma Foundation and Africa’s Business Heroes to be referred to as the “ABH”, “we”, “us”, “our” etc.). To contact us please send an email to info@africabusinessheroes.org.

These Terms of Use sets out the terms governing your use of this Site. These Terms of Use are incorporated into the ABH Disclaimers (“Disclaimers”) by reference. Any terms used in these Terms of Use will have the same meanings as those in the Disclaimers unless otherwise specified. 

By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them.  If you do not agree to these Terms of Use, you must not use our Site.

If you would like to apply to take part in ABH&rsquo, these Terms & Conditions will apply your participation.

1. Definitions

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

"ABH 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 created by or on behalf of ABH, or which are made available on or through the Site;

"ABH Programme"

means and includes the ABH Prize Competition (the ABH competition during which successful participants try and compete for their share of allocated grant funding), the ABH Show (the event finale for the ABH Prize Competition where the grant funding is allocated), the ABH Community Platform (available to ABH participants) and any other programmes or initiatives that ABH curates as part of its focus on developing and inspiring African entrepreneurs.

"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;

“Services”

means the services provided by ABH which includes the use of the Site, the ABH Programme and any other events or activities organized by us;

"Third Party Materials"

means any materials, information and/or content (in any format whatsoever) provided, uploaded, transmitted, submitted or posted by or sourced from any third party;

"You" or "Your"

means the individual accessing this Site and where that access is made in a business context any company or other organisation of which that individual is an officer, partner, member, employee or agent and other members of the same group as that company or other organisation to whom information on this website is passed;

2. Your information and account details

  1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. 
  3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@africabusinessheroes.org.
  4.  If You opt in to receive promotional materials from us, we will use the contact information that you provided to send details and announcements to You related to the Services, and communicate with You about any of our other offers or Services. You can unsubscribe from promotional emails at any time by contacting us at info@africabusinessheroes.org.

3. Your responsibility as a user of this Site

  1. You are responsible for the consequences of Your own decisions as to the use of the information and material contained in the Site, and its possible application to any circumstances You may be facing. 
  2. The content on the Site is provided for general information only. It is not intended to amount to advice or information on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
  3. You may only view, download or print content from this Site for your non-commercial, personal or internal business use. You must obtain our prior written consent if You wish to use or reproduce any content from the Site for any other reason. This does not allow You in any form or by any means to:
  • Use any part of the Site for an illegal purpose or in a way which is inaccurate or misleading or offensive, or which brings us into disrepute;
  • Reproduce all or any material part of the content or design of this website, adapt, store in a retrieval system, transmit, print, display, perform, or publish or create derivative works from, any part of the content or design of this Site;
  • Cause any of the material on this Site to be framed or embedded in another website
  • Commercialise any information, products or services on this Site;

except with our prior written consent or as permitted by applicable copyright law.

  1. We reserve the right to exclude persons who do not respect the Terms of Use.

4. Uploading content to the Site

i.  Whenever you make use of a feature that allows you to upload content to our Site, you agree that you will comply with the following standards:

  • You may use our Site only for lawful purposes. 
  • You may not use our site:
    1. In any way that breaches any applicable local, national or international law or regulation.
    2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
    3. For the purpose of harming or attempting to harm minors in any way.
    4. To bully, insult, intimidate or humiliate any person.
    5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use or the Terms and Conditions.
    6. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  1. You also agree:
  2. Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use 
  3. Not to access without authority, interfere with, damage or disrupt:
    1. any part of our Site;
    2. any equipment or network on which our Site is stored;
    3. any software used in the provision of our Site; or
    4. any equipment or network or software owned or used by any third party.
  1. You warrant that any such contribution does comply with these standards, and You will be liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage we suffer as a result of Your breach of warranty.
  1. Any content You upload to our Site will be considered non-confidential and non-proprietary. 
  2. We also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to our Site constitutes a violation of their IP Rights, or of their right to privacy.
  1. We have the right to remove any posting or content You make on our Site in our sole discretion. 
  1. You are solely responsible for securing and backing up your content.
  1. We do not store, accept, or otherwise endorse terrorist content.

5.  ABH's IP Rights

  1. ABH is the owner or the licensee of all IP Rights in the Site, and in the material published on it, including but not limited to the ABH Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You acknowledge and agree that as between You and ABH, all rights, title, interest and IP Rights in relation to the ABH Content and the Site are owned by ABH or its third party licensors.
  3. You have no rights, title or interest in relation to the Site or the ABH Content.
  4. You shall not use any IP Rights of ABH and any of its members, partners or affiliates, and nothing in these Terms of Use shall be construed as granting You any rights to such IP Rights.
  5. You must not use any part of the ABH Content or any other material or information on the Site for commercial purposes without obtaining a licence to do so from ABH.

6. Third Party Materials

  1. You acknowledge and agree that ABH 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. ABH does not endorse, verify or otherwise certify any Third Party Material, including any that may be incorporated in the ABH Content.
  2. The Site may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to ABH. You understand and agree that:
    1. ABH has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
    2. ABH 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).

7. Assumption of Risk

You acknowledge and agree that Your use of this Site and any information contained in this Site is voluntary and at Your sole risk, and ABH disclaims any and all liability in relation to Your use of this Site and its information to the fullest extent permitted by applicable law.

8. Our responsibility for loss or damage suffered by You

 Whether You are a consumer or a business user:

  1. We do not exclude or limit in any way our liability to You where it would be unlawful to do so and ABH's liability will be limited to the maximum extent permitted by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  2. We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, our Site; 
    2. any changes made to the Site; or
    3. use of or reliance on any content displayed on our Site.
    4. In particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss or corruption of data;
      4. loss of anticipated savings;
      5. loss of business opportunity, goodwill or reputation; or
      6. any indirect, special, incidental or consequential loss or damage.

If you are a consumer user:

  1. Please note that we only provide our Site for business users. If You continue to use our Site, we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.  Disclaimers

  1. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  1. YOUR USE OF THE ABH CONTENT AND THE SITE, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
  1. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION ISSUES A DECISION THAT ANY PART OF THESE TERMS OF USE ARE INVALID OR UNENFORCEABLE, ABH 'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE ABH PROGRAMME, THE SITE OR ABH CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED USD10. 

10.   Your personal information

We will only use your personal information as set out in our Privacy Policy.

11. Governing Law

These Terms of Use (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.

12. Severability

If any of these Terms of Use 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 of Use had been made without the invalid, illegal or unenforceable terms.

13. Entire Agreement

These Terms of Use contain the entire agreement between You and ABH (namely Jack Ma Foundation) in respect of its subject matter.

14. Waiver

A failure or delay by ABH to exercise any right or to act upon a breach under these Terms of Use 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 Terms of Use must be in writing, and such waiver is limited to the particular right or breach stated therein.

15. Assignment

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

16. Assumption Of Risk

You acknowledge and agree that Your use of this Site and its information is voluntary. You agree to assume the risks associated with using this Site to the fullest extent permitted under applicable law.

17. Changes To These Terms of Use

We may revise these Terms of Use from time to time. We encourage You to review these Terms of Use periodically to be informed of any latest changes. Any changes to these Terms of Use will be communicated by us posting an amended Terms of Use on the Site. Once posted on the Site, the new Terms of Use will be effective immediately. Your continued use of this Site after there are any changes to the Terms of Use deems that you consent to the changes to these Terms of Use.

18. Contact Us

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