TERMS OF WEBSITE USE
Africa Alpbach Network (“AAN”) shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website (“the User”) as a result of the User accessing this website, utilizing any information offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
1.1 errors or discrepancies in the information provided
1.2. any unauthorized access of this website by third parties
1.3. any breakdown or failure of any equipment or medium of access to this website
1.4. any failure or unavailability of any of AAN’s or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to on this website
1.5. the destruction or accessing of the User’s data or equipment
1.6. any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
The User hereby indemnifies AAN against any demand, claim or action against AAN relating to or in connection with the User’s use or accessing of this website whether directly or indirectly for any reason whatsoever.
AAN reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
Unless expressly stated to the contrary, AAN owns the intellectual property rights in and to this website and the unauthorized use hereof is expressly prohibited.
Use of this website is entirely at your own risk.
3.1. The following terms shall have the corresponding meanings assigned to them:
3.1.1. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by AAN on or in connection with this website.
3.1.2. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by AAN in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them.
3.1.3. “AAN” means Africa Alpbach Network, its affiliates, subsidiaries and partners. Any reference to AAN will include the employees, members, officers, advisers, service providers, suppliers and content providers of AAN.
3.1.5. “Trade Marks” means those trade marks owned by AAN and any other trade marks, designs, logos, style names and slogans which AAN owns or has the right to use or any derivative service offerings of, and applications for, any of same.
3.1.6. “Website Material” means the contents of this website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this website.
4.1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
OTHER TERMS AND CONDITIONS
WEBSITE MATERIAL – SCOPE OF PERMITTED USE
6.2. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.
6.4. You may not link to any page on this website or frame this website or any of the pages on this website in any way whatsoever without the prior written permission of AAN. Recognising the global nature of the Internet, you agree to comply with all laws, rules and regulations regarding online conduct.
6.5. This website is proprietary to AAN. All rights reserved. You must get AAN’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise.
6.6. You may not print any part of the website or the Website Material, except where AAN expressly states that you may do so.
6.7. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.
6.9. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this website.
6.10 For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a job or a donation). Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. 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
7.1. You may not use this website to obtain or distribute:
7.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of AAN;
7.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
7.1.3. material which is defamatory, unlawful or contains hate speech; or
7.1.4. bulk e-mail, whether solicited or unsolicited.
7.2. You must not interfere with or jeopardize the functionality or the operation of any part of this website or attempt to interfere with or jeopardize, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website or of the Website Material.
7.3. You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”.
7.4. You may not intercept any information transmitted to or from AAN or this website which is not intended by AAN to be received by you.
7.5. You must respect other users of this website at all times.
8.1. SECURITY – USE OF PASSWORDS
8.1.1. In the event you are allocated a password in order to enable you to gain access to certain parts of this website or the Website Material (“your Password”), AAN may, in its sole discretion, at any time and for any reason revoke your Password and consequently your access to certain parts of this website or the Website Material.
8.1.2. You must keep your Password secret and confidential. You must immediately notify AAN in writing if the secrecy or confidentiality of your Password is compromised or if your Password is disclosed to any unauthorised person.
8.1.3. You must only use your Password in order to use this website for the permitted use.
8.1.4. You will be responsible and wholly liable for any use or misuse of your Password. Any actions or omissions committed through the use of your Password will be considered to have been committed by you. You specifically indemnify AAN for any claim, liability, damage or loss arising as a result of the use or misuse of your Password.
8.2. USE OF PERSONAL INFORMATION
- CHANGES TO THE WEBSITE AND REMOVAL OF ACCESS
AAN may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this website at any time without any prior notice to you. AAN may also impose limits on certain features and services or restrict your access to any or all of the website or Website Material without notice or liability.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
10.1. Your use of this website and reliance on any Website Material or services available on this website is entirely at your own risk. This website, including all Website Material, is provided “as is” and AAN will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the Website Material for any reason whatsoever.
10.2. AAN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through this website or the Website Material. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. AAN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website and the Website Material.
10.3. Information, ideas and opinions expressed on this website and in the Website Material should not be regarded as professional advice or the official opinion of AAN and you are advised to seek professional advice before taking any course of action related to them.
10.4. Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and to the fullest extent permissible by law, AAN disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the Website Material. AAN does not warrant that the functions contained in this website or the Website Material will meet your requirements; will be uninterrupted, timely, secure or error free; will meet your requirements or operate in every combination selected by you for use; that any defects or errors will be corrected; or that this website or the Website Material or the server that makes them available is free of viruses or other harmful components. AAN does not warrant that this website or the Website Material will provide specific results from use of this website or the Website Material or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
10.5. Whilst AAN takes reasonable precautions in its operation of the website, neither AAN nor its agents or representatives will assume any responsibility and neither AAN nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this website or the Website Material or your downloading of any materials, data, text images, video or audio from this website or the Website Material. Any material downloaded or otherwise obtained through the use of this website or the Website Material is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10.6. You agree that under no circumstances whatsoever, including as a result of AAN’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law AAN may be liable, shall AAN or its employees, agents or contractors or other persons for whom in law AAN may be liable (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the website or the Website Material.
THIRD PARTY LINKS
- Links to and from this website to other websites belonging to or operated by third parties do not constitute an endorsement by AAN of such linked websites or their contents nor do they constitute any association by AAN with their owners or operators. AAN has no control over such linked websites and is not responsible or liable for any content, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from this website entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with such third party. You agree that AAN shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.
FEES AND CHARGES
VARIATION OF CERTAIN DEEMING PROVISIONS IN ECTA
14.1.1. the agreement will be treated as if it was concluded at AAN ‘s physical address detailed below on the date on which you first made any use of this website;
14.1.3. any data message sent by you to AAN will be deemed to have been sent from AAN’s physical address below if neither your usual place of business nor residence is located within the Republic of South Africa;
14.1.4. any data message sent by AAN to you will be deemed to have been received by you at AAN ‘s physical address below if neither your usual place of business nor residence is located within the Republic of South Africa; and
14.1.5. this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
15.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief.
LEGAL SERVICE OF DOCUMENTS AND NOTICES
17.1.1. Postal Address:
17.1.2. Physical Address:
33 Tottoe Street
Fumesua, Kumasi – Ghana
Tottoe Street AE-0534-6721
17.1.3. current fax no: n/a
17.1.4. All notices to AAN must be marked for the attention of AAN Legal Department All notices of a legal nature or relating to legal proceedings must be delivered by registered post to AAN’s above postal address and also either delivered by hand to AAN’s above physical address or sent to AAN’s above fax number.
17.1.5. Notices given to the above addresses will only be deemed to have been duly given:
126.96.36.199. 14 days after posting, if posted by registered post to AAN ‘s postal address;
188.8.131.52. 3 days after delivery, if delivered by hand to AAN ‘s physical address;
184.108.40.206. 3 days after confirmed successful transmission, if sent to AAN ‘s fax number.
19.2. You agree that we shall be entitled to send “cookies” from this website to your computer. You acknowledge that a “cookie” is simply a message given by our website to your browser which is stored on your computer and contains information to personalize your experience on our website by being relayed to our server each time your browser requests a page from our website.
MONITORING OF COMMUNICATIONS
20.1.1. to maintain the integrity and security of our websites and our information technology systems;
20.1.2. to investigate and detect any unauthorized use of our websites and our information technology systems; and
20.1.3. as an inherent part of and to secure the effective operation of our websites and our information technology systems.