NGATA HOMES TERMS & CONDITIONS
1. Introduction
1.1 Contract
When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking any button inviting you to join or become a member of our sites or otherwise registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with Ngata Homes (including when using our Services on behalf of a company). If you do not agree to this contract ("Contract"), do not click on any button inviting you to become a member and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
1,2 Services
This Contract applies to Ngata Homes.co.tz and [reconnect site main domain address], any sites, apps, communications and other services that state that they are offered by us or our affiliates under this Contract ("Services") including the offsite collection of data for those Services, unless governed by their own terms and conditions.
1.3 Ngata Homes Africa Ltd
You are entering into this Contract with Ngata Homes Africa Ltd (also referred to as "Ngata Homes", "we" and "us"), a company registered in Tanzania with the company number 154-772-170. Ngata Homes Africa Ltd will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services for the purpose of relevant data protection legislation.
1.4 Members and Visitors.
Registered users of our Services are "Members" and unregistered users are "Visitors". The terms of this Contract govern the use of any of our Services, whether you are a member or a Visitor, and no other terms are applicable to the relationship between you and us except as set out in the Contract and our Privacy Policy. As a Visitor or Member using our Services the collection, use and sharing of your personal data is subject to our Privacy Policy and any updates to it.
1.5 Variations
We may make changes to the Contract. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. We may also change our Privacy Policy from time to time.
2. Obligations
2.1 Service Eligibility
You agree you are eligible and capable to enter into this Contract and you are at least 18 years old, provided the law in your country of residence does not require an age above that before we can lawfully provide the Services to you without parental consent (including using of your personal data), in which case you agree you are at least that minimum lawful age.
2.2 Your Account
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law of your home country. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account and (3) follow the law and any policies or user rules we publish. You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 Payment
You agree to pay for any of our Services which we charge for and agree that we may store your payment information to do so. You understand that there may be fees and taxes that are added to our prices. Failure to pay the requisite cost of our Services will lead to termination of those Services. Subscriptions will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.5 Sharing
When you share information on our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, posts, links, job postings, messages and groups. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Settings allow you to control some of this information. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3. Rights and Limits
3.1 Grant of Copyright and License to Use Personal Information
We own all of the content and copyright you provide or share whilst using the Services, on the basis that you grant a worldwide, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, copy, modify, distribute, publish and process any and all information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. You remain vested with the rights to your own personal information and data you provide to us, but you also grant us a non-exclusive license to use it on the same terms as the above grant. You may end this grant of copyright and / or license over your own personal information by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. We may choose to make content provided using our Services available to others. You agree that you have the rights (either in copyright or in a grant of rights to share) to any content you post, provide or share whilst using the Services. We may be required by law to remove certain posted content. You agree we have the right to assign the grant of rights as we see fit.
3.2 Advertising
We will not provide your personal information to third parties save as provided in our Privacy Policy. We have the right, without payment to you or others, to serve you advertising content by using your personal information. Public content may be searchable via the wider internet.
3.3 Personal Data
You agree that if posted content includes personal data, it is subject to our Privacy Policy. You consent that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.
3.4 Service Availability
We may change, vary, suspend, discontinue or modify any Service or the price of any Service as we see fit and without your consent or giving notice to you. We are not obliged to store or keep showing any information and content that you have posted and have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law or as noted in our Privacy Policy.
3.5 Other Members" Content, Sites and Apps
Your use of others" content and information posted on our Services is at your own risk. We have no liability for the same. We are not responsible for the actions of any third parties, including other Members or Visitors, using the Services. You may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful whilst using the Services. We generally do not review content provided by our members or others. You agree that we are not responsible for others" (including other Members") content or information, including in respect of whether any such content is relied upon or reliable or whether it causes tortious, contractual, reputational or defamatory damage. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others and that we have no liability for the same.
3.6 Limits
We have the right to vary, suspend or limit how you connect and interact on our Services without your consent and as we see fit. We have the right to terminate your account without notice to you.
3.7 Intellectual Property Rights
We reserve all intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
3.8 Automated Processing
We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. We have no liability for any recommendations or offers made.
4. Disclaimer and Limit of Liability
4.1 No Warranty
We (including any linked or associated party or affiliate) make no representation or warranty about the Services, including but not limited to any representation that the Services will be maintained at any particular or all times or that the Services will be free of errors or that they will be accurate at all times. Services are provided on the basis of the manner in which we choose or are able to provide them. Any and all implied warranties or terms are hereby excluded in full save as implied as a matter of law.
4.2 Exclusion of Liability
To the fullest extent permissible in the law applicable in the particular relevant jurisdiction, by using the Services you agree we will not be liable in connection with this Contract for any loss or damage howsoever arising, including but not limited to any contractual, tortious, non-monetary (such as reputational or related to loss of data, loss of a chance or loss of opportunity), indirect, consequential or restitution loss or damage.
4.3 Applicability
The limitations of liability in this section shall apply to any and all claims, disputes, complaints or assertions of liability (e.g., warranty, tort, negligence, contract and law) even if we or anyone else has been told of the possibility of any loss or damage of any sort.
4.4 Restriction on Exclusion in Respect of Death, Personal Injury or Fraud
These limitations of liability do not apply to liability for death or personal injury or for fraud, but only to the extent that any loss or damage caused by the same were directly caused by the breach in question and were reasonably foreseeable upon this Contract coming into force.
5. Termination
5.1 Right to Terminate
You and we may each end this Contract without notice to the other. On termination, you lose the right to access or use the Services and we shall have no liability to you whatsoever, including but not limited to any obligation to allow you to re-join as a Member.
5.2 Surviving Rights and Obligations
The following rights and privileges shall survive termination: (1) our rights to use and disclose your content; (2) Members and/or Visitors" rights to further re-share content and information you shared through the Services; (3) our rights or protections under this Contract; and (4) any right of action or debt owed by you to us prior to termination.
6. Governing Law and Dispute Resolution
6.1 Governing Law
The laws of Tanzania shall apply to this Contract.
6.2 Exclusive Jurisdiction
You agree that the courts of Tanzania shall have exclusive jurisdiction over any dispute or claim between us.
6.3 Statutory Protections
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, and shall only apply strictly to the extent applicable by law in that jurisdiction.
7. General Terms
7.1 Severability
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court shall modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the court shall remove that unenforceable part and still enforce the rest of this Contract.
7.2. Exclusivity of Terms
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
7.3 non-waiver
Failing to act to enforce a breach of this Contract by us shall not mean a waiver of any of our rights under the Contract.
7.4 Assignment
You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. You agree that we may assign or novate this Contract without your consent or notice to you.
7.5 Rights of Third Parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Law of Contract act to enforce any term of this agreement, or rights to third parties generally unless otherwise specified.
7.6 No Partnership or Agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of any other party.
7.7 Notices
You agree that the only way to provide us with legal notice is at our company registered address or by email to info@ngata.co.tz
7.8 Compliance Warranties
You warrant that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, data protection laws, export control laws, tax law, and regulatory requirements applicable to the jurisdiction in which you access the Services. You further warrant that you will: (1) provide accurate information to us and keep it updated; (2) use your real (if a real person) or registered or trading (if a corporation) name on your profile; and (3) use the Services in a professional manner.
7.9 Prohibited Misuse of Our Services
You agree that you will not do any of the following: (1) Create a false identity as a Member, misrepresent your identity, create a Member profile for anyone other than yourself or your organization, or use or attempt to use another"s account; (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; (3) override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views); (4) copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent; (5) disclose information that you do not have the consent to disclose (such as confidential information of others); (6) violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights; (7) violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word "Ngata Homes" or our logos or trademarks in any way without our express consent; (8) post anything that contains software viruses, worms, or any other harmful code; (9) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; (10) imply or state that you are affiliated with or endorsed by us without our express consent; (11) rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent; (12) deep-link to our Services for any purpose without our consent; (13) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; (14) monitor the Services" availability, performance or functionality for any competitive purpose; (15) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services; (16) overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); (17) interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); (18) violate policies or community rules or guidance we issue from time to time or any additional terms concerning a specific Service that are provided when you sign up for or start using such a Service; and / or (19) post, share, upload or publicize any content using our Services of an unlawful, illegal, harmful or criminal nature, including content of a sexual, violent, extremist or abusive nature.
7.10 Complaints About Content by Other Members.
We require that information posted by Members be accurate and not in violation of our intellectual property rights or other rights of third parties. Any complaints about content posted or shared by other Members must be made in accordance with the complaints policy in force from time to time.