Eligibility. You may use the Service only if you can form a binding contract with Debtors Africa, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Debtors Africa. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Debtors Africa Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Debtors Africa reserves all rights not expressly granted herein in the Service and the Debtors Africa Content (as defined below). Debtors Africa may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
You may not use the Service in violation of these terms or any laws or regulations.
Your Debtors Africa account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Debtors Africa account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Debtors Africa with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit certain documentation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Debtors Africa immediately of any breach of security or unauthorized use of your account. Debtors Africa will not be liable for any losses caused by any unauthorized use of your account.
Certain portions of the Service may allow you to create or contribute to group accounts (“Contributors”). Access to a Contributor Account will be made available only to those Users who are authorized by the creator or controller of the Contributor Account. The controller will be responsible for adding Users to the Contributor Account, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Debtors Africa your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Debtors Africa usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
By submitting the registration form, you make a binding offer to enter into a contract for use of the Website. The user contract between us and you becomes effective when we accept your offer by sending a confirmation e-mail. We explicitly retain the right to reject your offer without stating reasons.
Upon successful registration, you receive a user account. You are obliged to treat your password in strict confidence and to take necessary care to ensure that third parties have no access to it. Communication of access to third parties is explicitly prohibited. You alone are responsible for preventing your access data being wrongfully used by third parties. You are obliged, as soon as you suspect that your access data have been lost or stolen, or that your account has been accessed or used by third parties, to inform us thereof without delay and to change your password.
While using the Website, you are generally permanently logged in until you actively log out or until the corresponding browser-cookies are deleted. You are aware that there is the general risk that third parties can access your account and all personal data saved therein if they have access to a registered/logged in terminal device. You are also aware that a logged-in terminal device, though not in active use, may still be exchanging data in the background, which in turn uses and may impact on your data volume. We therefore recommend that you actively log out at the end of every session.
The type and extent of services that are at your disposal as well as their availability can be taken from our website at any time. The creation, administration and maintenance of databases constitute significant elements of the services provided by the Website. You can, inter alia, create databases, enter and evaluate data, export data in other formats and save data on your terminal device. The right to authorize third parties to use the databases, the amount of storage space as well as the number of databases are limited to the extent agreed on at the time of entering into the contract.
By successfully registering and/or purchasing access to the Website, Debtors Africa grants You a limited, revocable, non-exclusive, non-sub-licensable licence to use the website and services. You may remotely access, view and download Your Reports stored on the website. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labelled as belonging to a third party in the Service for purposes other than generating, viewing and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
Where we provide the Website free of charge while it is also available for paid subscription, we do so reserving the right to make changes, to discontinue free service or to continue providing the service only upon payment, without prior announcement, and at any time. Moreover, we assume no responsibility regarding the completeness and/or correctness of free usage of the website.
Debtors Africa always ensures the highest possible degree of Website availability. Notwithstanding, it can be necessary to temporarily suspend availability for maintenance purposes. Where possible, we will notify you in advance in a timely manner of any maintenance schedules and shall design the latter in a fashion that causes the least possible impairment.
You are obliged to provide correct and complete information when registering, and to duly inform Debtors Africa of any changes to your registration data. You are not entitled to place your user account at the disposal of a third party or to put the Website to a use other than that intended.
You alone are responsible for the contents you create within the Website and are obliged to make regular backups of said content. You must ensure that the contents do not violate the rights of third parties. In particular, you warrant that your contents are in compliance with protective rights of third parties (incl. competition, labelling, privacy, name and copyright law) as well as with governing laws. Moreover, you oblige yourself not to upload content that: contains illegal or immoral material, in particular information that serves to incite hatred, to promote the commission of criminal offences, to glorify or trivialize violence, information that is pornographic or sexually offensive or capable of causing serious moral harm to children or adolescents, or that is pornographic or obscene or is suitable for defaming, insulting, threatening or slandering others or for violating their personal rights
The Service, which includes the Software and all Intellectual Property Rights therein, is, and will remain, the property of Debtors Africa (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Debtors Africa and its licensors without restriction, including, Debtors Africa's (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to):
sub-license, distribute or use the Service or Software outside of the scope of the licence granted in this Agreement;
copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service;
rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service;
use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service, Documentation or the Software;
use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Debtors Africa;
register, attempt to register or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Debtors Africa (or its wholly owned subsidiaries) other than in the name of Debtors Africa (or its wholly owned subsidiaries, as the case may be);
remove, obscure or alter any notice of copyright, trademark or other proprietary right appearing in or on any item included with the Service or Software; or
seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Debtors Africa and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings and suits brought against Debtors Africa or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable lawyers' fees and other litigation expenses) incurred by Debtors Africa or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Website or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Website or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Website or Reports. Debtors Africa will provide You with written notice of any claim, suit or action from which You must indemnify Debtors Africa. You will cooperate as fully as reasonably required in the defence of any claim. Debtors Africa reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.
The user contract begins with registration and is limited to 30 days for free versions of the Website. For bought versions of the Website, the duration of the contract is determined by the commercial conditions of our partner companies, to which we kindly refer regarding duration of contract and terms of cancellation and which take precedent in this regard.
Termination of the free version must be rendered in written form. The time at which the deadline for termination expires is determined by the time at which Debtors Africa receives such written notification.
The right to terminate the contract for cause remains unaffected. In particular, we reserve the right to terminate the user contract with immediate effect if you substantially violate the provisions of this TERMS AND CONDITIONS
You no longer have access to the contents of your user account once the user contract has expired or is terminated.
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, Debtors Africa makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement.
To the extent permitted by applicable law, Debtors Africa will not be liable for your lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, even if Debtors Africa or its subsidiaries and affiliates have been advised of, knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy. Debtors Africa's (and its wholly owned subsidiaries') total cumulative liability to you or any other party for any loss or damages resulting from claims, demands or actions arising out of or relating to this agreement will not exceed $500 (USD). The above provisions also apply in favour of the employees, representatives and vicarious agents of Debtors Africa.
Relationships between the parties are governed by the applicable law of the Canada under exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Regarding consumers resident in the European Union, the relevant laws of the country in which they reside may also be applicable, provided that those provisions mandatorily apply and concern consumers’ rights. The language of contract is English.
We reserve the right to modify this TERMS AND CONDITIONS at any time. We shall inform you in writing or via e-mail whenever such modifications are made. You are deemed to be in agreement with the modifications if you do not provide written objection within (4) weeks of being notified thereof. In notifying you of modifications, we shall also explicitly inform you of this consequence of not rejecting the changes. Should you not agree to the changes, the contractual relationship will continue to the previously applicable conditions until it expires, or can be terminated by us in cases of free usage of the website. Should you wish to return to using the Website, you will only be eligible for use under the conditions that are current at that time.
We are entitled to transfer freely, all of the duties and obligations covered by this TERMS AND CONDITIONS, entirely or partially, to a third party. You hereby agree to such transfer of contract. You have the right to unilaterally terminate your contract immediately should we avail ourselves of such a transfer.
If you do not reside within the jurisdiction in Canada or if you have moved your place of permanent residence to a country outside Canada since these general terms came into effect, or if your domicile or the place you usually reside is unknown at the time at which the lawsuit is commenced, the exclusive place of jurisdiction for all and any disputes arising from this contract shall be the place of business of Debtors Africa. The same applies if the contract partner is a merchant, a legal entity under public law or a public fund.
Any changes or amendments to the TERMS AND CONDITIONS must be made in writing. The requirement of writing shall also apply to the cancellation or revocation of this requirement.
You do not have a right to set counterclaims off against claims of Debtors Africa, unless such counterclaims have been established by a final and conclusive court ruling or are undisputed.
Should a provision of the TERMS AND CONDITIONS be invalid (i.e. unlawful or otherwise unenforceable), that invalidity shall have no impact on the validity of the remaining provisions. The invalid provision will be replaced with a lawful, mutually agreed provision with similar and valid economic and legal effects. The same applies to potential gaps and omissions in the TERMS AND CONDITIONS.