Terms of Use

Welcome to the Create.Africa Innovation Platform. Create.Africa (hereafter “the/Platform,” “we,” or “us”) offers this website, including all information, tools, and services available from this website, to you, the user, conditioned upon your acceptance of all these Terms of Use (“TOU”). By accessing or using this website, you are a “User,” and you agree to abide by these TOU as a legally binding agreement. The TOU grants you a limited, revocable, non-exclusive license to access the Platform and to use the Platform solely in compliance with the TOU. If you do not wish to be bound by these TOU, you may reject the TOU by immediately terminating all access and use of the Platform, in which case ay continuing access or use of the Platform is unauthorized.

We reserve the right to modify the contents of this website at any time, including the features, availability, or operation of the Platform, these TOU, or any policy or notice posted on the website. You agree that it is your responsibility to monitor changes to the website, and your continued use of this website following the posting of changes means that you agree to and accept the changes. You affirm that you can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU, and to qualify under, abide by, and comply with these TOU.

Accuracy, Completeness, and Timeliness of Information

All of the information presented on this website is for informational purposes only. The information and features on this website do not constitute binding offers to provide financing or other services described on the website, or to make such services available in your area. Likewise, none of the information presented on this website regarding IP professional services and innovators’ profiles constitute a binding offer of any kind.

The Platform does not control, is not responsible for, and makes no representations or warranties with respect to any user content. Regardless of any information presented on this website, the Platform reserves the right without prior notice to discontinue services or change terms at any time, without incurring any obligations. Likewise, the Platform does not represent or warrant that any opportunities depicted or mentioned on this website are currently available. This website should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although the Platform makes reasonable
efforts to ensure that all material on this website is correct, accuracy and integrity cannot be guaranteed, and the Platform does not assume any responsibility or obligation for the accuracy, completeness, or authenticity of material on the website.

Use of the Website: Content Provided by the Platform

All content provided by the Platform on this website, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, is the exclusive property of the Platform, its affiliates, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. This section of the TOU does not govern content that may be provided by Platform Users, which content is addressed below. Regarding content that is provided by the Platform, you may access, copy, download, and print such content contained on the website only for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Platform-provided content on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, follow-on use, adaptation, modification, transfer, or sale of, or the creation of derivative works from, any material, information, software, or services obtained from the website, is expressly prohibited. The Platform retains full and complete title to the Platform-provided content provided on the website, or has the
right to publish such content on the website, including all associated intellectual property rights, and provides this content to you under a license that is revocable at any time in the Platform’s sole discretion. The Platform neither warrants nor represents that your use of content on this website will not infringe rights of third parties not affiliated with the Platform.

You may not use contact information provided on the website for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data or personal information from the website. You agree not to interrupt or attempt to interrupt the operation of the website in any way. The Platform reserves the right, in its sole discretion, to terminate your access to or use of the website at any time without notice. Termination of your access or use will not
waive or affect any right or relief to which the Platform may be entitled, at law or in equity.

Use of the Website: Content Submission Guidelines

You acknowledge that you are responsible for any content you may submit via the website or provide for said submission, including the legality, reliability, appropriateness, originality and copyright of any such content. By posting information on the Platform or providing said information for submission, you grant the Platform a license to share the posted content for promotional purposes. You may not upload to, distribute or otherwise publish through this website any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, dangerous, offensive, inflammatory, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content.

Use of the Website: Content Provided by Other Users

As a User, you should assume that any information that is posted on the Platform is protected by copyright or other intellectual property, and it is the obligation of the User to obtain permission from the original source to use or copy any data or other information. The Platform disclaims all liability that you may assume for infringing the intellectual property rights because of your access to or use of the Platform or information posted on the Platform.

The Platform is and will be under no obligation to maintain any submissions in confidence, pay any royalties or other compensation for any submissions, respond to, monitor, or review any submissions, give any specific attribution for any submission, or make any services described or mentioned in a submission available in any location. You must only submit content to the website that you created or that you have permission to submit.

The Platform makes no warranties or representations that services described in any submission are currently available in any location and the Platform does not claim to have any affiliation with, approve, or have any endorsement from the providers of non- Platform services. Submissions are not endorsed by and do not necessarily reflect the views of the Platform. The Platform reserves the right to remove or edit any submissions, for any reason, at any time, without notice, but the Platform is not responsible for any failure or delay in removing submissions.

Links

This website may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. Your correspondence or business dealings with any entities found through linked websites are solely between you and such entity. The Platform is not responsible for any losses, damages, or
other liabilities incurred as the result of any such dealings.

Trademarks

Trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of the Platform, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the website without the owner’s prior written permission, except as otherwise described herein. The Platform reserves all rights not expressly granted in and to the website and its content.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us.

To be effective, the notification must include ALL of the following:

1. a physical or electronic signature of the copyright owner or the person authorized to act on the
owner’s behalf;

2. a description of the copyrighted work you claim has been infringed;

3. information reasonably sufficient to locate the material in question on the website;

4. your name, address, telephone number, e-mail address and all other information reasonably
sufficient to permit the Platform to contact you;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or are authorized to act on behalf of the copyright
owner.

The Platform is under no obligation to post, forward, transmit, distribute or otherwise provide any
material available on this website, including material you provide to us, and so we have an absolute
right to remove any material from the website in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE
WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE PLATFORM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE
WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT
INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD
ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Platform OR THROUGH OR FROM THE
WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. The Platform DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN
TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE
WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU
UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE
WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK
AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU
ACKNOWLEDGE AND AGREE THAT THE PLATFORM, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO
USE THE WEBSITE, OR FOR ANY INFORMATION OR SERVICES ADVERTISED IN OR OBTAINED
THROUGH THE WEBSITE, THE PLATFORM’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED
OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PLATFORM OR ANY OF
ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT The
Platform, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF
THE ABOVE CLAIMS OR ANY DISPUTE WITH THE PLATFORM IS TO DISCONTINUE YOUR USE OF THE
WEBSITE. YOU AND THE PLATFORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Indemnification
By using this website, you agree to indemnify, defend and hold harmless the Platform and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the website and any violation of these TOU. If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Platform reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Platform in defense of such matter.

Jurisdiction

The website is controlled by the Platform from its offices within the Republic of Kenya. This website has been designed to comply with the laws of Kenya. The laws of Kenya govern these TOU and your use of the website. If you choose to access the website from a location outside Kenya, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this website. By using the website, you irrevocably consent to the jurisdiction of courts located in Kenya for any action to enforce these TOU.

Entire Agreement

This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.