TERMS & CONDITIONS

Partnership for Digital Access in Africa Inc. (PDAA, We, Us, or Our) provides the websites https://www.pdaa.com and https://www.pdaa.africa (collectively, Website) and the contents herein, including publications, blog posts, newsletters and any other information (Content) as a convenience to you.

These terms and conditions (Terms) govern your use of Our Website and Our Content. Please read Our Terms carefully before accessing Our Website and Our Content. By accessing Our Website for purposes other than simply reading Our Terms, you indicate that you have read, understood, and agree to comply with and be bound by Our Terms. Therefore, do not use Our Website if you do not agree to Our Terms.

1. Acceptable Use of Our Websites

You may use Our Website and Content only for lawful purposes, in accordance with Our Terms, and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of Our Website.

Should you breach Our Terms, We may terminate your access to Our Website at any time without prior notice. We may take all available legal recourse for actual or suspected violations of Our Terms. Any delay in taking such actions does not constitute a waiver of Our rights to enforce Our Terms.

2. Our Intellectual Property

All rights, title and interest, including any copyright, trademarks and goodwill, that arise out of or is associated with Our Website or Our Content shall, as between us, vest solely in Us and no right or license shall be deemed granted therein by implication, estoppel or otherwise. You agree not to modify, reproduce, copy, distribute, disclose to third parties or derive any use, commercial or other, or benefit from Our Intellectual Property without Our prior written consent.

3. Third-Party Websites

Our Website may contain links to websites or other resources that are owned or operated by third parties (Third-Party Websites). We do not endorse, monitor, or have control over Third-Party Websites and are not responsible for their content, policies, terms and conditions or any other elements. Accessing, viewing and using Third-Party Websites is at your own risk. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through Our Websites are solely between you and the third party, including, but not limited to issues related to the content of Third-Party Websites and data privacy and security. We disclaim all liability in connection therewith and strongly advise you to read the terms and conditions of any Third-Party Website that you visit.

4. User Content

By posting, uploading, inputting, submitting, or otherwise transmitting any content, including but not limited to text, images, videos and other materials (User Content) to any of our servers regardless whether through Our Website or through any other resource (e.g., via email), you represent and warrant that you own or have all necessary rights, licenses, and permissions to share or use it and authorize the use of such content. You are solely responsible for your User Content and the consequences of posting or publishing it.

By submitting User Content to Us, you grant Us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, display, reproduce, distribute, modify, adapt, create derivative works of, and perform the User Content in connection with the operation and promotion of Our Website.

You agree not to post, upload, or otherwise make available any User Content that:

  • Infringes any third-party intellectual property or privacy rights of any third party;
  • Is unlawful, defamatory, obscene, offensive, or otherwise objectionable;
  • Contains viruses, malware, or other harmful software or code;
  • Violates any applicable law or regulation.

We do not review and are not responsible for User Content. It is in Our sole discretion to remove and delete any User Content at any time.

5. Disclaimer of Warranties

WE PROVIDE OUR WEBSITES AND CONTENT ON AN AS “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS, ENDORSEMENTS, PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN PARTICULAR REGARDING, BUT NOT LIMITED TO, AVAILABILITY, ACCURACY, RELIABILITY, SECURITY AND SUTABILITY FOR ANY PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOW ALLOW DISCLAIMING IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES AND OUR CONTENT SERVICE, EVEN IF SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT.

7. Indemnification

You agree to indemnify, defend, and hold harmless PDAA, its affiliates, licensors, service providers, and each of their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of Our Terms; (ii) your use of Our Website, including, but not limited to, any use of Our Content other than as expressly authorized in Our Terms; or (iii) your violation of any law or the rights of a third party.

8. Termination

We reserve the right to revise Our Website and Our Content or to withdraw access to them at Our sole discretion and at any time without prior notice.

9. Updating Our Teams

We reserve the right, at Our sole discretion, to revise or replace Our Terms at any time without prior notice (Updated Terms). Our Updated Terms will be effective as of the time We post them on Our Website. By continuing to access Our Website and Content after Our Updated Terms become effective, you agree to be bound by Our Updated Terms. If you do not agree to Our Updated Terms, in whole or in part, please stop using Our Website and Our Content. Therefore, we strongly advise you to review Our Terms periodically.

10. Severability

If at any time any of the provisions set forth in Our Terms becomes invalid, unlawful or otherwise unenforceable, or should such provision be cancelled, the validity, lawfulness and enforceability of the remaining provisions of Our Terms will not be affected.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.