Terms and conditions

1. Introduction

   These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.aroundafricaonmotorcycle.org (together or individually “Service”) operated by Around Africa Company Limited.

   Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

   Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

   If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@aroundafricaonmotorcycle.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

   By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@aroundafricaonmotorcycle.org.

3. Purchases

   If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address information.

   You represent and warrant that:

   • (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
   • (ii) the information you supply to us is true, correct and complete.

   We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

   We reserve the right to refuse or cancel your donation if fraud or an unauthorized or illegal transaction is suspected.

4. Prohibited uses

   You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

   1. In any way that violates any applicable national or international law or regulation.

   2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

   3. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

   4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

   5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Platform, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

   Additionally, you agree not to:

   1. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
   2. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
   3. Use any device, software, or routine that interferes with the proper working of Service.
   4. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
   5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
   6. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
   7. Take any action that may damage or falsify Company rating.
   8. Otherwise attempt to interfere with the proper working of Service.

5. Analytics

   We may use third-party Service Providers to monitor and analyze the use of our Service.

6. No Use by Minors

   Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

7. Intellectual Property

   Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Around Africa Company Limited and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Around Africa Company Limited.

8. Copyright Policy

   We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

   If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@aroundafricaonmotorcycle.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

   You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

   You can contact our Copyright Agent via email at info@aroundafricaonmotorcycle.org

9. Error Reporting and Feedback

   You may provide us either directly at info@aroundafricaonmotorcycle.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.

   In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

10. Links To Other Web Sites

    Our Service may contain links to third party web sites or services that are not owned or controlled by Around Africa Company Limited.

    Around Africa Company Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

11. Disclaimer Of Warranty

    These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

    Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

    Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

12. Limitation Of Liability

    Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

13. Governing Law

    These Terms shall be governed and construed in accordance with the laws of Kenya, which governing law applies to agreement without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

14. Amendments to Terms

    We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

15. Acknowledgement

    BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

16. Contact Us

    Please send your feedback, comments, requests for technical support by email: info@aroundafricaonmotorcycle.org