Terms & Conditions

Terms & Conditions

Terms and Conditions of Use
10th May 2018

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This website, including all of its features and content (this “Website”) is a service made available by The Tanzanian Associate Ltd (“The Tanzanian Associate”) and all content, information, services and software ordered or provided on or through this Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).

1. By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions of use (the “terms of use”) in full. If you do not accept the terms of use in full, you must leave the Website immediately.
2. Modifications to Terms of Use. The Tanzanian Associate may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use, because it is binding on you. Certain provisions of these terms of use may be superseded by expressly designated terms located on particular pages of the Website. The Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.
3. Website Limited License. As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
4. Limitations on Use; Third Party Communications.
   4.1. Limitations on Use. The Content on this Website is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without Provider’s prior written permission. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the laws and regulations of the United Republic of Tanzanian. Any unauthorized use of this Website or its Content is prohibited.
   4.2. Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website.
   4.3. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Tanzanian Associate therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
   4.4. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
   4.5. You do not remove, distort or otherwise alter the size or appearance of The Tanzanian Associate logo or any other logos that may appear;
   4.6. You do not create a frame or any other browser or border environment around the Website;
   4.7. You do not in any way imply that The Tanzanian Associate its owners or its affiliates are endorsing any products or services other than their own;
   4.8. You do not misrepresent your relationship with The Tanzanian Associate nor present any other false information about The Tanzanian Associate its owners, or its affiliates.
   4.9. You do not otherwise use any trade marks displayed on the Website without express written permission from The Tanzanian Associate
   4.10. You do not link from a website that is not owned by you; and
   4.11. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations
5. You are prohibited from posting or transmitting to or from the Website any material: –
   5.1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licenses and/or approvals; or
   5.2. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
   5.3. which is technically harmful (including, without limitation, computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
6. You may not misuse the Website (including, without limitation, by hacking).
7. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Website or materials linked from this Website is at your own risk.
8. If you submit a research question to us via the Website we shall contact you individually with any additional terms and conditions of service, we reserve the right to publish the question and answer provided on a no names basis on the site and the right not to answer your question.
9. The Tanzanian Associate is not a law firm, is not regulated by the TLS and its services are not the services of an advocate/ practicing lawyer. Information posted or made available on or through the Website, including without limitation any responses to questions submitted via the Website or any other medium to The Tanzanian Associate, information provided in any legal publication, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively “Legal Information”) is not intended as legal advice or to create a lawyer-client relationship between you and any lawyer. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. You understand that questions and answers or other postings to the Website are not subject to lawyer-client privilege.
10. Intellectual Property Rights.
    10.1. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
    10.2. This Website contains interactive areas which includes, without limitation, any blogs/publications, email forums, surveys, polls and question and answer features (the “Interactive Areas”). You grant to Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, publications/ blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment due from Provider to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute -, display, perform and sublicense Postings- in any form, medium, or technology now known or hereafter developed.
    10.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Provider a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms of Use and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy , copyright, patent or other intellectual property right or any proprietary right.
    10.4. You acknowledge and agree that your submitting Postings to this Website does not create any new or alter any existing relationship between you and the Provider.
    10.5. If you have submitted a photo to your publication you agree that this photo may in the future be included in the Interactive Areas, including with your Postings. If you have not submitted a photo then Provider may, but is not obligated to, display a stock photo or legal image with your Postings. You hereby consent to the use of such stock photos or images in the Interactive Areas.
    10.6. By submitting Postings to this Website, you acknowledge and agree that Provider may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to Provider.
11. Additional Terms for persons Participating in publications
    11.1. You agree that your participation is as an unpaid, volunteer, and that the purpose of such participation is to provide public education on legal matters and to provide you and your firm/organisation national exposure.
12. While The Tanzanian Associate endeavours to ensure that the information on the Website is correct, neither The Tanzanian Associate nor its owners warrant the accuracy and completeness of the material on the Website. The Tanzanian Associate may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and The Tanzanian Associate makes no commitment to update such material.
13. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, The Tanzanian Associate provides you with the Website on the basis that The Tanzanian Associate and its owners exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
14. The Tanzanian Associate, its owners, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any other trading names, members, employees, consultants or agents of any of the aforementioned, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website (including for the avoidance of doubt any research answers and general answers received to questions submitted via the Website), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
15. Nothing in this legal notice shall exclude or limit The Tanzanian Associate’s liability for:
    15.1. Death or personal injury caused by negligence
    15.2. Fraud; or
    15.3. Any liability which cannot be excluded or limited under applicable law.
    15.4. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation in any of the Interactive Areas.
16. The Tanzanian Associate and its owners expressly reserve the right to revoke the right granted in clause 3 for breach of these terms of use and to take any action it deems appropriate.
17. You shall fully indemnify The Tanzanian Associate and its owners for any loss or damage suffered by The Tanzanian Associate and its owners, or any of its group of companies, for breach of any clause in of this terms of use.
18. This website, the interactive areas, the content, and postings are provided on an “as is, as available” basis. The provider expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (A) any errors in or omissions from this website, the publications and the postings including, but not limited to, technical inaccuracies and typographical errors, (B) third party communications, (C) any third party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, (D) the unavailability of this website, the interactive areas, the content, the postings, or any portion thereof, (E) your use of this website, the interactive areas, the content, or the postings, or (F) your use of any equipment or software in connection with this website, the interactive areas, the content, or the postings.
19. Limitation of liability. Provider shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this website, the content, publications, the postings, the interactive areas, any facts or opinions appearing on or through any of the interactive areas, or any third party communications. Provider shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitations, lawyer’ fees) in any way due to, resulting from, or arising, in connection with the use of or inability to use this website, the interactive areas, the content, the postings, or any third party communications.
20. You agree to indemnify, defend and hold the Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you.
21. Third Party Rights. The provisions of paragraphs 18 (Disclaimer), 19 (Limitation of Liability), and 20 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
22. Unlawful Activity; Termination of Access. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Provider may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.
23. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Website and any other Provider websites and their features.
24. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the United Republic of Tanzanian and any action arising out of or relating to these terms shall be filed only courts located in Tanzanian and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
25. Your use of this Website is subject to the Provider’s PRIVACY POLICY.
26. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Website, the Privacy Policy and the Provider Services Terms and constitute the entire agreement with respect to access to and use of this Website, the Interactive Areas, Publication and the Content and Postings. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the Provider Services Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider’s Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the “Otherwise Covered Content”), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
27. The Tanzania Associate Limited and its users agree to be bound by the provisions of the Electronic and Postal Communications (Online Content) Regulations 2018