These terms and Conditions cover your use of the Moshek Africa website and its affiliates. Any user who wants to leave a Consumer Review acknowledges that they have read these terms and conditions and have understood them.
1. User-Generated Content from Registered Users
1.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the “User-Generated Content” or “UGC”) which you create on the Website. We may freely use and transfer the UGC and disclose the UGC to third parties.
1.2 Users are liable for the UGC they publish on the Website.
1.3 Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
1.4 UGC must relate to a company or organization from which the Registered User has purchased or can otherwise document using the company’s or organization’s products or services.
1.5 You may not publish UGC regarding companies to which you have personal or professional relations.
1.6 Users must not, and must not allow any third party to, publish UGC on the website which:
- is of a marketing nature or has marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, has sexist, political or racial character, violates other people’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
- is offensive or in any way breaches any applicable local, national or international law or regulation,
- violates these User Terms, including the User Guidelines, reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
- has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
1.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Moshek Africa receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we – dependent on the character of the violation – may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the User about the deletion and the reason hereof.
1.8 The User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the User’s UGC.
The User guarantees to indemnify us for any claims which may be made against us as a consequence of the User’s violation of the User Terms or current legislation. The User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the User.
1.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
2.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MOSHEK AFRICA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
2.2 We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Moshek Africa may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC’s compliance with our User Guidelines.
2.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
2.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Users. We cannot be held liable for the availability of the Website.
3. Limitation of liability
3.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
4. Other User Terms
4.1 We may at any time, in our sole discretion, revise or change these User Terms. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
4.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
5. Term and termination
5.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability.
6.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Moshek Africa concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
6.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
7.1 We do not edit UGC. Any dispute arising from a UGC shall be resolved through alternative dispute resolutions first.
8.1 You may contact Moshek Africa via email at moshekafrica @ gmail. com.