Effective: September 24, 2024
These Terms of Service (“Terms”) govern your access to and use of our services, including our web application, email notifications, applications and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By using MOAFRICA, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use or access MOAFRICA.
Who May Use the Services?
MOAFRICA is only for people 16 years old and over. By using MOAFRICA, you affirm that you are over 16. If we learn someone under 16 is using MOAFRICA, we’ll terminate their account.
Privacy
Our Privacy Policy (https://www.MOAFRICA.Africa/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Republic of South Africa, and/or other countries for storage, processing and use by MOAFRICA and its affiliates.
Content on the Service
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement (Privacy Policy and Terms of Service), including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:
Good Morning Mr. President
Attn: Copyright Agent
Pegasus Building
210 Amarand Avenue, Waterkloof Glen ext. 2
Pretoria, South Africa 0181
Email: [email protected]
(for content on MOAFRICA)
Incorporated rules and policies
By using the Services, you agree to let MOAFRICA collect and use information as detailed in our Privacy Policy. By using MOAFRICA, you agree to follow these Rules as specified in MOAFRICA rules. If you don’t, we may remove content, or suspend or delete your account.
Using the Services (Your Rights and Grant of Rights in the Content)
By posting content on our platform, you give us a nonexclusive license to publish it on MOAFRICA Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for MOAFRICA granting you access to and use of the Services, you agree that MOAFRICA may enable advertorials on the Services, including in connection with the display of your content or other information. We may also use your content to promote MOAFRICA, including its products and content. We will never sell your content to third parties without your explicit permission.
You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
You’re welcome to post content on MOAFRICA that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to MOAFRICA, you represent that doing so doesn’t conflict with any other agreement you’ve made.
By posting content you didn’t create on MOAFRICA, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
We can remove any content you post for any reason.
You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 30 days after you delete it.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, MOAFRICA’s computer systems, or the technical delivery systems of MOAFRICA’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MOAFRICA (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MOAFRICA (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of MOAFRICA is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
· satisfy any applicable law, regulation, legal process or governmental request,
· enforce the Terms, including investigation of potential violations hereof,
· detect, prevent, or otherwise address fraud, security or technical issues,
· respond to user support requests, or
· protect the rights, property or safety of MOAFRICA, its users and the public. MOAFRICA does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
Your Account
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
Your License to Use the Services
MOAFRICA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MOAFRICA, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the Republic South Africa and foreign countries. Nothing in the Terms gives you a right to use the MOAFRICA name or any of the MOAFRICA logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of MOAFRICA and its licensors.
Any feedback, comments, or suggestions you may provide regarding MOAFRICA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
Ending These Terms
You may end your legal agreement with MOAFRICA at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms or the MOAFRICA Rules,
(ii) you create risk or possible legal exposure for us;
(iii) your account should be removed due to unlawful conduct,
(iv) your account should be removed due to prolonged inactivity; or
(v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
Miscellaneous
· Disclaimer of warranty. MOAFRICA provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
· Limitation of Liability. By using the Services, you agree that MOAFRICA, its parent organization, affiliates, related organizations, officers, directors, employees, agents, representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
MOAFRICA won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
· No waiver. If MOAFRICA doesn’t exercise a particular right under these Terms, that doesn’t waive it.
· Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
· Choice of law and jurisdiction. These Terms are governed by South African law, without reference to its conflict of law’s provisions. You agree that any suit arising from the Services must take place in a court located in Pretoria, South Africa.
· Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between MOAFRICA and you concerning the Services.
For any questions? Send queries to [email protected].
General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at http://www.MOAFRICA.Africa/terms, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. MOAFRICA’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and MOAFRICA, registered office at Pegasus Building, 210 Amarand Avenue, Waterkloof Glen ext. 2, Pretoria, South Africa. If you have any questions about these Terms, please contact us.
Effective: September 24, 2024