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Terms and Conditions of UseSubmitted by Amanda Drotsky on Fri, 2006-02-24 08:05.
1. GeneralAITEC and AITEC country licensee (hereafter AITEC) guarantees that no information is divulged to third parties (excluding AITEC Licensees). All personal data you provide to us is protected by AITEC's Privacy Policy. This information is only used by AITEC for administrative purposes. 1.1 Intellectual propertyUnless otherwise expressly notified by AITEC, all intellectual property comprised in the Website, any software, content, information or any other materials contained in or otherwise connected with the Website or any Registered User or Subscriber service is the exclusive property of AITEC, including without limitation all copyright, patents, designs, trade marks, trade names, logos, goodwill, trade secrets, confidential information, computer programs, electronic circuit layout rights, plant breeders rights and any other similar rights or form of intellectual property or rights of a proprietary nature (Intellectual Property). AITEC reserves all of its rights with respect to all of its Intellectual Property. Except as otherwise provided by these Terms and Conditions of Use, and to the full extent permitted by law, you may not in any way or by any means reproduce, adapt, communicate, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works or subject matter other than works from, any of AITEC’s Intellectual Property without AITEC’s prior written consent. To the full extent permitted by law, any information posted on the Website or sent to AITEC becomes AITEC’s property and the User releases and waives all their rights and interest to that information. The User remains liable for any claim by any person for any loss, damages, cost or expense of any kind in any way related to that information. 1.2 Trade marksIf you use any of AITEC’s trade marks to refer to AITEC’s activities, products or services, you must include a statement attributing that trade mark to AITEC. You must not use any of AITEC’s trade marks: a) in or as the whole or part of your own or any other trade mark; AITEC reserves the right to revoke at any time for any reason any license to use its trade marks. Other product and company names mentioned in the Website may be the trade marks of other people or entities. 1.3 Links and other business relationshipsOther than as required by law, AITEC makes no representations or warranties whatsoever about any other website which may be accessed through the Website or any Third Party Website. Links are provided as a courtesy to Users only and in no way should be interpreted as an endorsement or approval of or affiliation with any other website. AITEC is not responsible for any information or opinions published on any website linked or referred to in the Website or any Third Party Website. Other website accessed through links on the Website or any Third Party Website, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant website and executing a transaction. These are not representations or offers made by AITEC and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those website. 1.4 Framing, linking and use of AITEC trade marksA person may provide links to the Website. A person must not use any link in any way that represents or has the effect of representing any approval or endorsement of or affiliation with AITEC. Furthermore a person may not provide a link to the Website on a website that is in AITEC's opinion and at its sole discretion, not appropriate. In no case may a person provide a link to the Website from a website that contains sexually explicit or offensive material of any kind. AITEC reserves the right to revoke this licence at any time with or without cause. 1.5 Compliance with lawsThe User must ensure that their access to the Website or any Third Party Website is not illegal or prohibited by, and that they at all times comply with, any laws that apply to the User or in the User’s location. AITEC does not warrant that the content of the Website complies with the international law or the laws of your country. Users access the Website or any Third Party Website at their own risk and accept responsibility for ensuring or confirming compliance with all laws that apply to them as a result of that access or any consequent transactions or dealings with AITEC. No offers where illegality arises Nothing on the Website constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction. 1.6 No liabilityIn no event will AITEC or its employees, licensees, agents, suppliers, or contractors be liable for any loss, damage, cost, expense (including all legal costs) or liability of any kind or character (whether due to AITEC’s negligence or otherwise), including without limitation any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if AITEC has been advised of the possibility of such damages or losses, arising out of or in any way connected with the use of or access to the Website, any Third Party Website or any product or service provided by or via AITEC or the Website. AITEC does not undertake to keep the Website updated. AITEC is not liable to any person for any error or inaccuracy in the information on or connected with the Website or any other website or if the information is not up to date. AITEC is not liable to Users or any other person if interference with or damage to their computer or computer systems occurs in connection with use of the Website, any Third Party Website or a linked website. Users must take their own precautions to ensure that whatever they access, select or use is free of errors, viruses or anything else (such as “worms”, “Trojan horses” or other deleterious data or programs) that may interfere with or damage the operations of any computer or computer systems. 1.7 WarrantiesTo the full extent permitted by law AITEC excludes, whether express or implied, all warranties (including without limitation any implied warranties of merchantability or fitness for a particular purpose), terms, conditions or representations of any kind. In the event that any warranty cannot by law be excluded, the liability of AITEC in any way related to the Website (or any Third Party Website) including the use of the Website or any product or service accessed, obtained or purchased via or from AITEC or the Website, is limited at AITEC’s sole discretion to: a) the purchase price paid by you to AITEC for that product or service; or b) where relevant, taking reasonable steps to rectify or stop any malfunction of, inability to access, or instance of unauthorised use of or access to the Website of which AITEC becomes aware. Change to, cessation or cancellation of services or access 1.8 AITEC reserves the right to, at any time:a) refuse the supply of or access to the Website or any service (including any Registered User, Subscriber or Employment service) to any person; or b) cancel the Registration or Subscription account of any User. AITEC may modify (including change the form or content of, or the method of delivery for) or discontinue its services including any Registered Data, User, Subscriber or Advertising service or the User’s account or subscription, with or without notice, without liability to the User or any other person. Any decision to modify, discontinue or refuse the supply of or access to its services is at the sole discretion of AITEC. AITEC accepts no liability for any consequences of any such modification, discontinuance or refusal of any such service. 1.9 IndemnificationThe User (including without limitation any Registered User or Subscriber) hereby irrevocably indemnifies and holds harmless AITEC from and against any and all claims, loss, damage, cost (including legal costs on a full indemnity basis), expense or liability to, by or of AITEC or any other person arising from or in any way related to: a) any act or omission of the User in breach of these Terms and Conditions of Use; b) any use by the User, whether direct or indirect, of the Website, any Third Party Website or any other website; c) any negligence, breach of contract, or other wrongful or unlawful conduct of any kind by or on the part of the User. 1.10 AITEC can use your feedbackWhen you send AITEC or the Website any feedback or suggestions about the Website or AITEC’s business, you agree that AITEC can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation. 1.11 Co-operation with authoritiesAITEC reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law. 1.12 General terms of tradeThe disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, the Website. If Users order products or services from AITEC through the Website, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to these products or services appearing elsewhere in these Terms and Conditions of Use, elsewhere on the Website or otherwise the subject of an agreement between AITEC and the User): a) Your order is an offer to buy products or services which AITEC may accept, in whole or in part, by providing products or services to you. Any acknowledgment of your order is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your order has been accepted. b) Illustrations and specifications of products or services are indicative only. The actual products or services supplied may differ. c) Where products or services offered through the Website are supplied by third parties, AITEC is an ordering intermediary only and is not responsible for those products or services or their delivery. d) The price is as stated on the Website at the time of the order. e) Unless otherwise stated, the price excludes any applicable tax or any other government fee, levy or charge and delivery and insurance charges. f) Products and services available through the Website are subject to change at any time without notice. Listed products or services may not be available immediately or at all. Prices might change if new stock is required. g) You authorise AITEC to charge your nominated credit card or other electronic payment facility accepted by AITEC with the full price, applicable tax and any other government fee, levy or charge and delivery and insurance charges. h) AITEC endeavours to arrange delivery as quickly as possible, subject to availability. However, AITEC will not be liable to you if delivery is delayed or products are forwarded to the wrong destination, even if AITEC has specified an indicative delivery time. i) Risk in the products passes to you upon delivery by AITEC to the carrier commissioned to deliver the products to you (including on delivery to AITEC’s telecommunications carrier’s network). j) Title to the products passes to you with the passing of risk or upon the receipt by AITEC of full payment of the price, applicable tax and any other government fee, levy or charge and delivery and insurance charges, whichever is the later. k) The provision of products or services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the products or services supplied. l) AITEC may sub-contract the supply or delivery of products or services at its discretion. AITEC is not responsible for the acts or omissions of its sub-contractors. 1.13 WaiverAny failure by AITEC to exercise any right under these Terms and Conditions of Use does not operate as a waiver and the single or partial exercise of any right by AITEC does not preclude any other or further exercise of that or any other right by AITEC. 1.14 No assignment or sublicenseThe User may not assign or sublicense any rights granted under or pursuant to these Terms and Conditions of Use. 1.15 RemediesThe rights and remedies of AITEC under or pursuant to these Terms and Conditions of Use are in addition to any rights or remedies AITEC may have under the general law. 1.16 Governing lawThese Terms and Conditions of Use will be governed by and construed under international law. To the full extent permitted by law in the applicable jurisdiction any legal action in relation to these Terms and Conditions of Use against any party or its property may be brought in any court of competent jurisdiction in England. To the full extent permitted by law in the applicable jurisdiction, each party irrevocably, generally and unconditionally submits to the exclusive jurisdiction of any court specified in this provision in relation to both itself and its property. All legal content contained on this Website relates only to the laws of England, unless specifically stated otherwise. The laws of England may be different from your laws. 1.17 SeverabilityAny provision of these Terms and Conditions of Use which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions of Use or the validity of that provision in any other jurisdiction. 1.18 TerminationFor the avoidance of doubt, AITEC may, with or without cause, terminate this agreement or any license or agreement arising under or pursuant to these Terms and Conditions of Use, at any time. 1.19 LanguageThe parties agree that the Terms and Conditions of Use have been prepared in English and to the extent any translation of these Terms and Conditions of Use is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions of Use. If you wish to contact AITEC please contact as follows: AITEC Email: For more information about how AITEC deals with your information refer to AITEC’s Privacy Policy. 2 Website2.1 User obligationsThis website, www.aitecafrica.com (Website) is provided “as is” and as far as is permitted by law, AITEC excludes all liability for any loss, damage, costs (including all legal costs), expense or liability of any kind, whether direct or indirect and whether due to AITEC’s negligence or otherwise, suffered by or to any person arising directly or indirectly out of or in any way related to: a) access to or use of the Website, any Third Party Website or any other website; b) access to, use of or reliance on any information, data, software, products or services (including Subscriber Services) in, from or via the Website or any Third Party Website; c) the inability to access or the malfunction of the Website or any Third Party Website; d) a breach (other than a willful breach) by AITEC of AITEC’s Privacy Policy; e) the loss, use or misuse of, or unauthorized access to, any credit card details or other financial information provided by Users to AITEC (whether via the Website or otherwise); f) the failure of AITEC or the Website to complete any transaction for any reason; g) any failure or breach (whether by AITEC or any other person) of the Website’ security protections, mechanisms, protocols and/or procedures; or h) the direct or indirect use of the Website, any Third Party Website or any other website by other persons. Specifically, AITEC does not warrant that the Website (including any Third Party Website) or the software, data or files contained in, accessed via or linked or referred to in, the Website are free of viruses (or other deleterious data or programs) or defects or that use of the Website (including any Third Party Website) will not cause harm. AITEC makes no representations or warranties with respect to, and accepts no responsibility for, the accuracy, suitability, completeness, content or use of the information accessible from, on or via the Website, any Third Party Website or any other website. This general disclaimer is in addition to and is not restricted or modified by any other warnings, limitations and disclaimers contained in these Terms and Conditions of Use. 2.2 The User acknowledges and agrees as follows:not to use or otherwise engage in any conduct in any way related to the Website or any Third Party Website for any purpose that is illegal or otherwise breaches any law; a) not to use any information, software or any other materials contained in or accessed or obtained from or via the Website or any Third Party c) not to use, post or send information or code in any form to or via the Website for the purpose of causing, or that results in, harm of any kind to any person, the Website, any Third Party Website, the content of or linked to any of the aforementioned website or any other property; d) any information provided by the User to AITEC or posted or sent to or via any of the Website or any Third Party Website will be true, accurate, complete and up to date and will not be misleading; to be bound by these Terms and Conditions of Use including these Terms and Conditions of Use as amended or changed from time to time. 2.3 Suitability of materialsThe material on this web site is only of general informational value and does not in any way constitute advice or an approval, recommendation, endorsement or sponsorship by AITEC. No person should rely on, or act or refrain from acting solely on the basis of, this material. In the Website, any frame, link or reference to or information about other website (including any Third Party Website), persons, information or the products or services of any person is produced solely for convenience and is not an endorsement or approval of or a representation of an affiliation with those parties, their views or their products or services. AITEC does not warrant the truthfulness, accuracy, currency, suitability or reliability of any information contained, linked or referred to in the Website or any other website (including any Third Party Website). 2.4 Emails, messages and other communicationsThe User takes full responsibility for any information, data or any other material posted on or sent to or via AITEC, the Website or any other person and the User should at all times ensure they are aware of the lawfulness of such information or data. AITEC has no obligation to make itself aware of any such information, data or any other material on any of the Website or provided to AITEC or any other person (including for the purposes of the Employment Services). All messages are sent at the risk of the sender. AITEC accepts no liability for the content of transmitted messages, or non-receipt or non-transmission of any message for any reason. AITEC may add information at its discretion to any message sent through or via the Website. The content of any added information is to be determined at the sole discretion of AITEC. Users of the Website may not, without AITEC’s express permission in writing, transmit to any person on, by or via the Website any advertising messages or messages of an annoying, offensive or distasteful nature. Users undertake not to send messages to any person who may not wish to receive a message. Posting or transmitting to, from or via the Website any unlawful, threatening, defamatory, or obscene material, or any other material that could give rise to any civil or criminal liability under the law, is prohibited. To the full extent permitted by law AITEC is not bound to take any action as a result of any complaint that is received by AITEC with respect to the Website or any information or messages posted on or sent to or via, the Website or any Third Party Website. 2.5 Invitation to treatNothing in the Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with AITEC in relation to the provision of any goods and/or services including the Subscriber Services. The Website and any goods and services displayed within them are an invitation to treat only. AITEC is only prepared to provide products and services on the terms and conditions outlined in these Terms and Conditions of Use. If you order products or services on other terms or conditions, any supply of the products or services by AITEC is by way of counter-offer to you on these Terms and Conditions of Use, which may be accepted by you by accepting the products or services. Any charge by AITEC to your nominated credit card or other electronic payment facility is not an acceptance of your offered terms and conditions but is in implementation of AITEC’s counter-offer to you. AITEC will reverse any charge if you do not accept its counter-offer. Publishing information about a product or service on the Website does not ensure its availability and price information is subject to change without notice. 3. Payment for services and products3.1 Paying for advertising through the WebsiteSubject to approval by AITEC, advertising opportunities are available to anyone who registers all the required information and has paid for the advertising submitted in a manner required on the Advertising submission form. Advertising material provided will be published as specified by the advertiser (“Advertiser”) in the form on either the CC Africa Magazine and any of its supplements (“Magazine”) or on the AITEC website www.aitecafrica.com (“Website”) Until an advertising space is invoiced or paid for the parties agree that its price may change without notice. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Ads submitted through the Website for publication in the Magazine shall be placed at the discretion of AITEC and their designers. Advertiser agrees through use of the service that they may not specify the placement of the Ad within the Magazine. AITEC and their designers reserve the right to, and in their sole discretion may, at any time review, edit, reject, modify, or remove any advertising material (“Ad(s)”). The sole liability of AITEC to Advertiser for removal of any Ads shall be limited to a refund of any fees paid for Ads not yet approved by AITEC. No liability of AITEC or their designees shall result from any such decision. In addition, AITEC may, at its option request that Advertiser rescind changes made to an approved Ad, if AITEC in its sole discretion finds any modifications made to an approved Ad objectionable. Payment may take place via PayPal, with credit card using WorldPay’s secure payment system ("Payment Solution Providers"), or, upon special arrangement, by check or wire transfer to the account designated by AITEC. Payments are limited by terms of Payment Solution Providers. If an Ad is not accepted, AITEC or its designees shall return the fee paid upon submission of the Ad to Advertiser via either 1) the PayPal system to the PayPal account Advertiser used for payment or 2) by refunding the credit card purchase or 3) by mailing advertiser a check to the postal address registered with the Website via the appropriate form, if the ad was paid for by check or wire transfer. If a refund is not claimed within the time period specified by Payment Solution Providers, Advertiser forfeits the entire amount and the payment is canceled. Any check not cashed within its expiry period will be forfeited and the payment is canceled. Advertiser may also request a refund at any time prior to approval of the Ad by AITEC by sending an email to for Magazine Ads or for Website Ads with sufficient detail to describe the Ad and the refund requested. Other than as specifically described above, all fees paid for Ads are nonrefundable. 3.6 Advertiser may not use the Website in order to transmit, distribute, store or destroy material, including without limitation content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Application Provider and its designees reserve the right to restrict, suspend, or terminate Advertiser's access to all or any part of the Ads system at any time, for any or no reason, with or without prior notice, and without liability. By submitting advertising, the Advertiser grants AITEC the right to reproduce, publish, display and distribute, without additional charge, the Ad in the Magazine and/or Website. By submitting an Ad through the Website, Advertiser shall represent and warrant that it is the owner of all patent, copyright, mask work, trademark, service mark, and any and all other proprietary rights and interests therein. Advertiser hereby grants AITEC and their designees the right to communicate such works to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of this Agreement for the purpose of publishing the Ad as described in this Agreement. Advertiser also permits any User to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the web Site retains any and all rights that may exist in such content. Advertiser acknowledges and agrees that AITEC or its designees may preserve Advertiser’s details and may also disclose Advertiser’s details if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Advertiser detail violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AITEC, Users and the public. 3.2 Paying for services and products on the WebsiteIf you use PayPal, you are subject to the terms and agreements of the Paypal service. You can learn more about PayPal Terms and Conditions here. In consideration of your use of the Website’s Paid for Service and online payment, you agree to: 4. Privacy4.1 We do not collect any Personal Information about you from the Site unless you choose to provide it to us. This means you can visit our Site without telling us who you are or revealing any Personally Identifiable Information about yourself. As you browse the Website, our Web servers do collect information about your visit, but not about you personally. None of the information about how you navigate the site is combined with your personal identifiers. 5. Event registration a) Registration can only be confirmed on receipt of payment. Delegates who have not paid or do not have proof of payment will not be allowed access to the conference. |
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