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Terms of Use


The Agreement

By using HOSAFA (the "Service"), a service of House of Africa Ltd ("we" or “us” or "our"), you are agreeing to be bound by the following terms of use (the "Terms").

The Terms, together with the Privacy Policy and the IP and Copyright Policy, governs the Service and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links and any other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").

Basic Terms

You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Service only if you can form a binding contract with us and are not a person barred from receiving services under the laws of any applicable jurisdiction. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Service that HOSAFA provides is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You can use the basic features of the Service free of charge. However, you accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges and mobile originated SMS message charges) that may be incurred when you use the Service. In the future, we may also offer you premium service features and you will then have the option to subscribe to and pay for such premium services. In addition to these Terms, additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the Service. In the future, we may display and send to you targeted business promotions on or through the Service. In addition to these Terms, additional terms and conditions may apply to your accepting such promotions, in which case those additional terms and conditions will be added to the Service.

Privacy

Any information that you provide to the Service is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to any country for storage, processing and use by the Service. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, and you may not be able to opt out of receiving them.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above recommendations.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Us to make such Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our Terms for such Content use.

Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms.

Our Rights

Any rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain our exclusive property and our licensors. The Service is protected by copyright, trademark, and other laws of both England and foreign countries. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding us, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

House Rules and Restrictions on Using the Service and the Content

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users.

Please review the House Rules (which are part of these Terms) to better understand what is prohibited on the Service.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process or governmental request,
  2. enforce the Terms, including investigation of potential violations hereof,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect our rights, property or safety, and our users and the public.

We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Except as permitted through the Service (or these Terms), you will be required to use our official tools (such as 'widgets') if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Service.

You may not do any of the following while accessing or using the Service:

  1. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the tools we will make available in the future, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us. Crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, but scraping the Service without our prior consent is expressly prohibited);
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
  5. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Limitation of Liability

1. The Service is made available to you for your convenience on an "as is" and "as available" basis. We do not warrant or make any representations or warranties (including but not limited to merchantability, fitness for a particular purpose, satisfactory quality, reliability or non-infringement) regarding the use or the results of the use or the contents of the Service. You understand that the Service may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms, you specifically agree that we are not liable for any of the above issues. Moreover, you understand that we do not warrant or represent that the Service will work on all technology networks and/or will be available in all geographical areas.

2. We shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use of or the inability to use the service, or the results or the contents thereof, to the greatest extent permitted by law.

3. If you are dissatisfied with the Service, or have any other disputes or claims with or against us with respect to the Service or these Terms, then your sole and exclusive remedy is to discontinue using the Service.

External Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply our endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

The Service may make it possible to post Content hosted by us to outside websites. This sharing is accepted (and even encouraged). However, pages on other websites which display data hosted on our Service must provide a link back to HOSAFA.

Waiver and Severability

If any of the provisions of these Terms are declared void or unenforcable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms, so that these Terms shall remain in full force and effect.

Legal Jurisdiction and Applicable Law

These Terms of Use shall be governed by the laws of England and you submit to the exclusive jurisdiction of the courts in England.

Modification of Terms

You understand that we are continuously evolving the Service. We reserve the right to alter these Terms at any time in our sole discretion. If the alterations constitute a material change to the Terms, we will notify you via email. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. By continuing to use the Service after those revisions become effective, you agree to be bound by the revised Terms.