Welcome to Tunaweza. Tunaweza Group Holdings LLC have made the Tunaweza application and the related services on the platform available to you subject to the following terms and conditions ("Terms & Conditions") of this "Agreement".
For the purposes of this Agreement the following definitions apply: "You" means you, the person using the Tunaweza Platform. “Tunaweza”, "we" or "us" means Tunaweza Group Holdings LLC of of 57 Sullivan Street, Warrenton, Virginia, 20186, USA.
Agreement: You agree that by proceeding beyond this point, whether by clicking “Join Now”, “Join Tunaweza”, “Sign Up” or similar, registering, accessing or using our services (as described below), you are agreeing to enter into a legally binding Agreement with Tunaweza (even if you are using our Platform on behalf of a company).
Service eligibility: To use the Platform, you agree that:
You will only have one Tunaweza account, which must be in Your real name; and
You are not already restricted by Tunaweza from using the Platform.
Your account: Members are account holders. You agree to:
Try to choose a strong and secure password;
Keep your password secure and confidential; and
Not transfer any part of your account;
You are responsible for anything that happens through your account unless you close it or report misuse.
Sharing: Our Platform allows messaging and sharing of information in many ways, such as your profile, slide deck, content, Learning Experiences and links to news articles. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. We are not obligated to publish any information or Content on our Platform and can remove it by our sole discretion, with or without notice.
Tunaweza Material: While Tunaweza endeavours to keep the Tunaweza Material and other content on, in, and through this platform up-to-date, Tunaweza is not responsible for any errors or omissions in the Platform Material or content. Tunaweza is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements, or other items contained within the Site. Tunaweza may make changes to the Platform Material, the Platform, or the products or services made available in connection with the Platform at any time, with or without notice, and makes no commitment to update any of these items. In order to access certain areas and features of the Platform you may be required to be a Tunaweza Member. Requirements for becoming a member are located on the platform.
Rights and Limits:
Intellectual Property (IP) rights. Tunaweza reserves all of its intellectual property rights in the Platform. Using the Platform does not give you any ownership in our Services or the content or information made available through our Platform. Trademarks and logos used in connection with the Platform are be the trademarks of their respective owners.
Material submitted to the platform: The Platform allows you to contribute content, information, text, graphics, personal listings, postings, and other materials and information for access, use, and commentary by other visitors to the Platform (“User Content”). Tunaweza, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content that is submitted to the Site. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not;
Infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
Violate any law, statute, ordinance, or regulation;
Be defamatory, libellous or trade libellous, unlawfully threatening, or unlawfully harassing;
Be obscene, post any child pornographic, or indecent material;
Violate any community or Internet standard;
Contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;
Constitute misappropriation of any trade secret or know-how; or
Constitute disclosure of any confidential information owned by any third party. Upon your submission of User content or other material or information to TW, you grant TW a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. TW may remove User Content from the Site that violates any of the warranties provided in the preceding paragraph. TW shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Platform. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure offered in these terms.
Proprietary rights: Tunaweza owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material for the Platform (the “Platform Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Material. All Platform Material is protected pursuant to the United Kingdom copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Platform are proprietary to TW or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site
Termination: Both you and Tunaweza may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination:
Our rights to use and disclose your content, views, feedback and materials submitted onto the Platform; and
Members and/or Visitors’ rights to further re-share content and information you shared through the Platform to the extent copied or re-shared prior to termination
Unauthorised activities: You agree that you will not use the Platform for:
Any illegal or unauthorized purposes that violate any laws in your jurisdiction (including but not limited to copyright laws)
Modifying, adapting or hacking into the Platform or for modifying another website so as to falsely imply that it is associated with Tunaweza
Uploading, posting, hosting, or transmitting unsolicited electronic materials including email, text messages, SMSs, “spam” messages, worms or viruses or any code of a destructive nature. You also agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Platform Material or otherwise use the Platform Material in any way for any public or commercial purpose without express approval from TW. You acknowledge and agree that the unauthorized use of the Platform Material could cause irreparable harm to Tunaweza and that in the event of such unauthorized use, Tunaweza shall be entitled to an injunction in addition to any other remedies available at law or in equity. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Platform so long as the link does not falsely imply endorsement of your products or services by Tunaweza, or otherwise portray Tunaweza, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter.
Dispute resolution: You agree that the laws of the United States shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the courts in the United States and we each agree to personal jurisdiction in those courts.
Governing law and jurisdiction: These Terms represent the entire agreement between you and Tunaweza with respect to the subject matter hereof, supersede any and all prior and contemporaneous agreements between us, and will be governed by and construed in accordance with the laws of the United States without reference to its conflict of law rules. By accessing, viewing, or using this Platform or the Platform Material, you consent to the jurisdiction of the federal and state courts presiding in the United States and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defences otherwise available. This Platform is controlled and operated by Tunaweza from within the United States. Tunaweza makes no representation that this Platform or the Platform Material is appropriate or available for use in any location or territory, and access to this Platform or the Platform Material from locations or territories where it is illegal is prohibited. The waiver or failure of Tunaweza to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Limitation of liability: You acknowledge that your use of the Platform, including any software or content on the Platform, and any reliance upon it or the results you generate by using it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall Tunaweza or its officers, directors, parents, subsidiaries, affiliates, agents or licensors, or any third-party provider of data or information, be liable for any direct, indirect, consequential, exemplary, extra-contractual, incidental, special or punitive damages of any kind whatever, including loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the Platform, or your reliance on any advice, information, or content on the Platform or provided as part of the Platform, even if Tunaweza or any related party has been advised of the possibility of such damages, and even if the remedies otherwise available fail of their essential purpose. You specifically acknowledge that down-time, loss of content, and computer viruses are risks inherent in the use of the Internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself, your company or your project in your use of the Site and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content. Under no circumstances will the total liability of Tunaweza to you in connection with, based upon, or arising from this Platform or your use of this Platform exceed one hundred US Dollars. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, Tunaweza’s total liability is limited to the greatest extent permitted by law. It is the intention that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. If you are dissatisfied with the Platform, or with any of these Terms, or feel Tunaweza has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform.
Indemnification: You will indemnify and hold harmless Tunaweza, and its subsidiaries, affiliates, employees and officers relating to or arising from the Platform or your use of the Platform.
Availability: We use reasonable efforts to ensure that the Platform is generally available. However, there will be occasions when access to the Platform will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Platform and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Platform.
Security: You understand that the technical processing and transmission of any Platform content may be transferred unencrypted and involve:
Transmissions over various networks; and
Changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Tunaweza via the Platform or the Internet, including, for example, personal information such as your name or address.
Other sites: This Platform may, from time to time, contain links to other Internet Websites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which Tunaweza exercises no control, and Tunaweza expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.
Complaint procedure: If you believe that any content or postings on this Platform violates your intellectual property or other rights, please send to Tunaweza at the address listed on the website as directed by the ‘How to contact us’ section below, a comprehensive detailed message setting forth the following information:
Your name and the name of your company, if any;
Your contact information, including your e-mail address;
The nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and
The following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
Disclaimer of warranty and liability: This Platform and the Platform Material on it and made available through this Platform, and the services and products offered in connection with this Platform, including any software, are made available on an “as is” and "as available" basis only. Use of this Platform is entirely at your own risk. Tunaweza makes no representations or warranties, and hereby disclaims all representations and warranties, with respect to this Platform and the Platform material on and made available through this Platform, and the services and products offered in connection with this Platform, express and implied, written and oral, arising from course of dealing, course of performance, usage of trade, and otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quality, systems integration, and non-infringement, including that the Platform will be uninterrupted, timely, secure, or error free, that the Platform or its server(s) is free of viruses or other harmful components, that the Platform, including the services will be available, or that content created on the Platform is secure from unauthorized access. Any and all information provided by Tunaweza or under or in connection with this Platform is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Tunaweza makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the platform or advertised through the Tunaweza Platform. No advice or information given by Tunaweza, its employees or affiliates shall create a warranty.
If you want to send us notices or service of process, kindly refer to the contact information provided on the Tunaweza website.
This Privacy Statement is effective August 2017
This page was last modified on: September 29th, 2017
Copyright © 2017 Tunaweza Group Holdings LLC.
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