African Achievers International (referred to throughout as “us,” “we,” “our,” “AfIA,” “African Achievers Awards,” “African International Achievers Awards,” “African Achievers,” "African Philanthropy Awards," "APIA," "Philanthropy Awards," etc.), is the owner and operator of the www.philanthropyawards.org, and www.africanachievers.org websites, an awards program for, by and about Africa. This Privacy Policy applies to the www.africanachievers.org website, any subdomains thereof, any API integrations or widgets we offer, and any other websites or webpages we own or operate that include a link to this policy (all of which together are referred to as the "Website"). Although we provide shorter answers to privacy questions on the Website in order to be helpful, this Privacy Policy is the exclusive and authoritative source of our privacy practices. Please keep in mind that this Privacy Policy does not apply to other websites, which may be accessible from the Website. External websites may have data collection, storage, and use practices and policies that differ materially from those contained here.

Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website. Your sole remedy for dissatisfaction with the Website or any features or services offered therein is to stop using the Website or those features or services.

Updates to the Terms

We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

Intellectual Property

The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.

You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.

If you are a non-profit using the Website, any data you collect from persons you transact with through the Website will belong to you, subject to a nonexclusive, irrevocable, worldwide, royalty-free license that you hereby grant to us to use this data in order to administer your account and provide the features and services contemplated by the Website. You further agree that we may use this information to aggregate non-personally identifiable statistical information concerning the usage of our Website and the non-profit programs, which such statistical information we may use in any manner we see fit.

By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable(through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.

General User Warranties

By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:

You have the authority to enter into this agreement.

Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.

Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.

You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.

You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.

You are at least 12 years of age if you are using the Website as an individual.

You are at least 16 years of age if you are using the Website as a non-profit.

Not for profit Users (Non-profit)

If you are a non-profit using the Website, you represent, warrant, and irrevocably covenant

(i) that these Terms have been agreed to and accepted by a person with the authority to bind your organisation and

(ii) that you are a legitimate non-profit entity organized under the laws of the United Kingdom.

If you are a non-profit using the Website to raise money, please let us know what you expect from us and the scope of this relationship should be expressly stated. All other matters contemplated by these Terms are binding only as a result of the contractual nature of the Terms.

We will not solicit on your behalf nor will we act as a professional fundraising consultant to you. Nothing contained in these Terms shall be construed to create such a relationship.

Revisions and Errata

The materials appearing on the website could include technical, typographical, or photographic errors. We don’t warrant that any of the materials on its web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice. we don’t, however, make any commitment to update the materials.

Links

We have not reviewed all of the sites linked to our Internet website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

Supporter Hosted Events

As part of the Website, we may offer a third party events product that allows a non-profit's supporters to create and sell tickets to events designed to support that non-profit (the "Third Party Events Product"). If you are a non-profit, you can purchase a subscription to use the Third Party Events Product. If you are a supporter of a non-profit that has purchased such a subscription, you may have the option to host an event for that non-profit using the Third Party Events Product (such event a "Third Party Event").

Each non-profit that uses the Third Party Events Product and each supporter that hosts a Third Party Event accepts joint and several liability for any charge backs, chargeback fees, invalidated transactions, or refunds arising out of the Third Party Event. You accept such joint and several liabilities. You agree that we have the authority to settle any charge backs, reversals, fees, or refunds out of the money we are holding on your behalf. If at any time your account has insufficient funds to cover the liabilities you have incurred, then you agree to promptly pay us by other means.

In order to safeguard against the risk of charge backs and refunds from Third Party Events, we will not pay the proceeds of a Third Party Event to either the event host or the benefitting non-profit until the next scheduled payment date (1^st or 16^th of the month) following the completion of the Third Party Event. If we reasonably determine that there is a need to do so, we may hold proceeds (in whole or in part) from a Third Party Event, for up to ninety days after the completion of that event. If you are a non-profit using the Third Party Events Product, we may also, in our sole discretion, require that you maintain a certain reserve balance in your account to protect against the aforementioned liabilities. The amount and duration of such reserve balance, if we require it, will be reasonably determined by us.

International Use

This Website is intended for use by non-profit organizations organized under the laws of their respective countries although the laws of United Kingdom govern us.

You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you are located in a country embargoed by the United Kingdom.

If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United Kingdom.

Privacy

You accept our Privacy Policy, which you may view in full here below.

Copyright Policy

You agree to abide by our Copyright Policy, which you may read in full here below.

Appropriate Conduct

You agree to abide by our Standards of Conduct, which are material terms of your use of the Website. You may view our Standards of Conduct in full here below.

Availability of Services

As the provider of the Website, we reserve the right to discontinue

(i) the Website, in whole or in part,

(ii) any features or services provided by or through the Website, or

(iii) your account with the Website, for any or no reason, without notice to you.

Waiver of Warranties

We disclaim all warranties, express or implied, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranty about the safety or security of the Website and you accept all risk related to technological threats. We make no warranties about the authenticity of non-profits reachable through the Website, the potential tax deductibility of any transactions you make through the Website, the parties that may choose to advertise events through the Website (including such parties' ability to complete a given transaction), or the administration, quality, legality, or safety of events advertised through the Website. We make no warranties concerning continuity of service; interruptions of indeterminable length may occur for any number of reasons and you assume all risk attendant with such interruptions. We only offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS."

Release

You understand that we cannot control or monitor the behaviour of the many third parties using the Website. As such, you hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from

(i) you hosting, attending, or authorizing an event posted on the Website, or

(ii) the acts or omissions of third parties (collectively, the "Released Claims").

This release will apply even if one or more of the Released Claims is caused by, or contributed to by, the negligence of one or more of the Releasees.

In furtherance of the forgoing, you waive your rights under United Kingdom Laws.

Limitation of Liability

We will not be liable to you for special, consequential, indirect, or incidental damages (including lost revenues or profits), on any legal theory, even if we have been advised of the likelihood thereof. Our aggregate liability arising out of these Terms and your use of the Website or the features and services provided therein, on any legal theory, will not exceed the greater of

(i) £1.00 pound or

(ii) the amount you have paid us in the past twelve months.

Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable solicitor's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.

General

These Terms will be governed by and construed in accordance with the laws of the United Kingdom, as such laws are applied to agreements made between UK residents and performed entirely within the United Kingdom, and without regard to conflicts of laws principles.

The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the local courts located in Leeds, West Yorkshire, United Kingdom. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.

You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.

These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.

Notwithstanding the foregoing, if we have given you pricing different than the pricing recited in the section titled "Fees and Subscriptions," then this fact shall not be construed as modifying or displacing these Terms, except for the limited modification of the directly affected pricing terms (e.g. the numbers we have agreed to change). In such a circumstance, you agree that you remain fully bound by these Terms of Service and that these Terms together with the modified pricing we have agreed to constitute the entire agreement between us. Any other modification to these Terms must be made in writing and signed by us.

If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.

Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.

The provisions of the sections of these Terms titled "Intellectual Property," "Waiver of Warranties," "Release," "Limitation of Liability," "Indemnification," and "General" will survive termination. 

The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.

If a dispute arises out of these Terms or your use of the Website that we cannot resolve privately, then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable solicitor's fees) incurred as a result of that litigation.

Last Updated: 02/04/2013