Terms of Use

Gov-Enhance Africa Terms of Use

Gov-Enhance Africa provides its Users with a platform to participate in public policy discussions and contribute to sustainable policy solutions. All Users must review and agree to these Terms of Use prior to using the Services offered by Gov-Enhance Africa.

These terms of use (the “Terms of Use” or “Agreement”) form the agreement between Gov-Enhance Africa (the “Gov-Enhance”) and any individual or entity (“User”, “You”, “Your”, “Yourself”) that: visits, browses or otherwise uses Gov-Enhance’s website located at http://govenhanceafrica.org/ (the “Website”), including by; (1) registering a user account (each, a “User Account”); (2) submiting materials for publication on the Website (the “Published Materials”); (3) subscribing to a contact list or submits an enquiry; (4) posting a message on the Website’s forum; or (5) using the Services (as defined in Section 3 below) offered by Gov-Enhance.

Acceptance of these Terms of Use

By accessing and using the Website, You accept and agree to be bound by and comply with these Terms of Use. If You do not accept and agree to be bound by and to comply with these Terms of Use, You are not permitted to, and You will not, access or use the Website. If You are accessing or using the Website on behalf of another individual or entity, You represent and warrant that You have the authority to legally bind such individual or entity to these Terms of Use.

Gov-Enhance Africa

Gov-Enhance is a not-for-profit corporation incorporated under the laws of Canada with its registered office located at: 548 Christie Street, Toronto, Ontario, M6G 3E2. The purpose of Gov-Enhance in creating the Website and offering the Services is to facilitate the development of sustainable, grassroots public policy initiatives in Africa.

Description of the Services

The services (“Services”) consist of, amount other things: (1) the provision of a platform to promote discussions, seminars and recommendations regarding public policy initiatives in Africa; (2) the submission, posting on and promotion through the Website of original materials written by Users; (3) communications with Users, including with regard to public policy proposals and recommendations. As part of the Services, the Website allows You to post on the Website and send Us information about You and Your organization and materials, including writings, documents, data, text, software, scripts and any other material or information (the “Submissions”).

Use of the Services

The Website and the Services are provided to You for non-commercial, informational purposes only (the “Permitted Use”).

As condition of Your use of the Website and the Services, You represent and warrant to Gov-Enhance that: (1) You have reached the age of majority in Your jurisdiction of residence; (2) You possess the legal authority to create a binding legal obligation for Yourself, or if You are using the Website on behalf of another individual or entity, then You possess the legal authority to create a binding legal obligation for that other individual or entity; (3) You will not use the account of another User, without such User’s express permission; (4) You will keep Your account password secure will immediately notify Gov-Enhance of any breach of security or unauthorized use of Your account; (5) You will not use any automated system, including, without limitation, robots, spiders or offline readers, when sending messages to Gov-Enhance; (6) You will use the Website in accordance with these Terms of Use; and (7) all information supplied by You on the Website is true, accurate, current and complete and, if you supply information to Us about another individual or entity, you have received all necessary consents and permissions from such individual or entity regarding the provision of such information and its use in accordance with this Agreement.

You agree that Gov-Enhance may, at any time without any liability to You and for any reason, including violation of these Terms of Use: (1) deny access to anyone to the Website or the Services, including You; (2) suspend or terminate Your account; or (3) remove from the Website any materials you have submitted or comments you have posted. You will cease and desist from any such access or use immediately upon request by Gov-Enhance.

Submission of Articles

In addition to these Terms of Use, submission of original articles by You for posting and promotion on the Website will be governed by a separate publication agreement between You and Us. Submission of an article does not in any way guarantee publication.

Use of Payment Processing Systems

We may from time to time make available through the Website an electronic payment system that You may use to make any applicable payments for seminars, workshops and other materials and events we sponsor or provide. All such payments are between You and the payment processor. You hereby release Gov-Enhance from any claim or liability in connection with the processing of such payments, including any mistakes or omissions therein.

Changes to these Terms of Use and Platform

Except where prohibited by applicable law, Gov-Enhance reserves the right to change these Terms of Use at any time without notice to You. Your continued access to or use of the Website or the Services after any changes to these Terms of Use indicates Your acceptance of such changes. It is Your responsibility to review these Terms of Use regularly.

Use of Widgets

Gov-Enhance may give You the opportunity to post a “widget,” or code that creates a Gov-Enhance Africa graphic and a link to the Website, on Your personal blog, social network profile, or other locations on the Internet (a “Widget”). You agree that Your use of Gov-Enhance’s Widgets is subject to this Agreement, that You will not post any Gov-Enhance’s Widget on a website containing content that violates rules pertaining the posting of Submissions in accordance with Section 10 of these Terms of Use. You further agree that upon (1) Gov-Enhance’s request; or (2) termination of this Agreement, You will remove all of Gov-Enhance’s Widgets from Your websites.

License Grants

Subject to these Terms of Use, Gov-Enhance grants You a personal, revocable, non-exclusive and non-transferable license during the Term to permit You to access and use the Website and the Services in accordance with these Terms of Use.

Subject to these Terms of Use, You grant to Gov-Enhance a non-exclusive, perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sub-licensable license to access, collect, store, use, reproduce, modify, adapt, translate, distribute, and publish any Submission or other information that: (1) You load, transmit to or enter into the Website; or (2) we collect from Your local computer system or from third-parties with Your permission, and (in each case) including all results from processing such Submission or other information, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Services; (B) making policy recommendations and otherwise performing activities in accordance with Gov-Enhance’s mandate; (C) complying with applicable law; and (D) Gov-Enhance’s reasonable audit and data retention policies.

Users’ Submissions

If You post a comment or otherwise contribute to the Website, You agree to the following:

(1) It is solely Your choice to contribute to the Website. You represent that You have the rights to grant Gov-Enhance the license set out in Section 9 of this Agreement.

(2) If You decide to register an account, You expressly consent to Gov-Enhance contacting You via email with respect to Your account and any other matters related to the Website or the Services.

(4) If You decide to share Your personal information on the Website, including through comments or in discussions, You hereby release Gov-Enhance from any claim or liability in connection with the use or misuse of Your personal information.

(5) You are solely responsible for Your Submissions in the Website.

Gov-Enhance takes no responsibility and assumes no liability for any Submission posted or submitted by You. Gov-Enhance has no obligation to post Your Submissions and reserves the right, in its absolute discretion to determine which Submissions are posted and published on the Website. If You do not agree to these terms, do not provide us with Your Submission.

You are fully responsible for Your Submission, specifically including, but not limited to, anything posted in the Website or emailed through the Website in connection with any forum discussion. You will not post, email or otherwise transmit to or from the Website: (1) any unlawful, offensive, threatening, harmful, hateful, libelous, defamatory, obscene, pornographic, or other material or Submission that would violate rights of publicity or privacy, or that would violate any law; (2) any material that creates risk of loss of or damage to tangible or intangible property; (3) any material that creates risk to the health, bodily integrity or life of any person; (4) any commercial material (including advertising or marketing of any good or services); (5) any Submission that infringes, misappropriates or violates any copyright, trade-mark, patent right or other proprietary right of any third party; or (6) anything that is false or misleading in any respect. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of Your Submission to the Website. You acknowledge that Gov-Enhance may exercise its rights in respect of any Submission without any notice to You.

Ownership

Gov-Enhance expressly reserves all rights in the Website, the Services and all materials provided by Gov-Enhance in connection with the Website and the Services that are not specifically granted to You. Except for Your Submissions, You acknowledge that all rights, title and interest in the Website, the Services and all materials provided by Gov-Enhance in connection with the Website, the Services, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Gov-Enhance (or third party suppliers, if applicable), and that access to the Website, the Services, and all materials provided by Gov-Enhance hereunder are licensed and not “sold” to You.

Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing Your personal information, and which is hereby incorporated into and forms a part of these Terms of Use: http://govenhanceafrica.org/privacy-policy/

No Unlawful or Prohibited Use

You will not, without Gov-Enhance’s prior written permission, use the Website and the Services for purposes other than the Permitted Uses. Without limiting the generality of the foregoing, You will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Website or the Services or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Website (including electronic addresses contained therein) or the Services using any robot, spider, scraper computer program or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (4) take any action that imposes, or may impose, in Gov-Enhance’s discretion, an unreasonable or disproportionately large load on the Website; (5) deep-link to any portion of the Website for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website or the Services; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Website, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website; (8) use the Website or the Services as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Gov-Enhance and only in the exact manner specified and enabled by us; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website or restrict access to personal information; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website or the Services; (11) create derivative works based on the Website or the Services, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Website or the Services; (12) use or access the Website in a manner that violates the rights (including, but not limited to the privacy and intellectual property rights) of any third party; (13) upload to or transmit through the Website any information, images, text, data, media or other content that is unlawful, offensive, threatening, harmful, hateful, libelous, defamatory, obscene, pornographic or violates any laws, in each case as determined by Gov-Enhance in its sole discretion; (14) upload to or transmit through the Website any material that creates risk of loss of or damage to tangible or intangible property, as determined by Gov-Enhance in its sole discretion; (15) upload to or transmit through the Website any material that creates risk to the health, bodily integrity or life of any person; or (16) alter transmission data without consent, as determined by Gov-Enhance in its sole discretion.

Third Party Websites

The Website may provide links to third party websites. Gov-Enhance does not endorse the information contained on those websites (or the information Gov-Enhance obtains on Your behalf from those websites) or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The contents in any linked website are not under Gov-Enhance’s control, and if You choose to access any such website, You do so entirely at Your own risk.

Viruses

The downloading and viewing of any of the Website’s contents is done at Your own risk. Gov-Enhance cannot and does not guarantee or warrant that the Website or the Services are compatible with Your computer system or that the Website or the Services, or any links from the Website, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of Your computer system, and You are responsible for the entire cost of any service, repairs or connections of and to Your computer system that may be necessary as a result of Your use of the Website.

Communications Not Confidential

Gov-Enhance does not guarantee the confidentiality of any communications made by You through the Website, including communications between the Users. Although Gov-Enhance generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website, You understand, agree and acknowledge that Gov-Enhance cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with Your use of the Website.

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE SERVICES. THE WEBSITE OR THE SERVICES MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. THE SERVICE PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE SERVICES. IN ADDITION, THE SERVICE PROVIDER EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS OR INACCURACIES ON THE WEBSITE OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL THE SERVICE PROVIDER BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE SERVICE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE SERVICES.

THE SERVICE PROVIDER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USER OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE SERVICE PROVIDER TAKES NO RESPONSIBILITY WHATSOEVER FOR ANY SUBMISSIONS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF THE SERVICE PROVIDER IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE OR THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A SUBMISSION, EXCEED CDN$1.00 (ONE CANADIAN DOLLAR). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE USER AND THE SERVICE PROVIDER AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT ABOVE APPLY TO THE BENEFIT OF THE SERVICE PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

Indemnification

You will defend, indemnify and hold harmless Gov-Enhance and all of its directors, officers employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (1) Your breach of any of Your warranties, representations or obligations under these Terms of Use or any documents referenced herein; (2) Your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or (3) Your use of the Website or the Services.

Geographic Application of the Website

Not all of the Services are, or the Website is, available in all jurisdictions. Furthermore, nothing on the Website constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to Your access to or use of the Website or the Services, notwithstanding Your domicile, residency or physical location. The Website and the Services are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, You hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario to resolve any disputes arising out of or relating to the use of the Website or the Services.

Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between Gov-Enhance and You pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Gov-Enhance with respect to the Website and the Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Gov-Enhance’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.