TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Takwimu, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
The names, icons, logos or other trademarks of Takwimu, or Africa Practice Ltd or Code For Africa, or iHub or the Bill and Melinda Gates Foundation belong to the respective organisations and may not be used in any context unless you have the written permission to do so. Please submit any such request to [email protected]
Takwimu respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights. To report allegedly infringing Content hosted on a website owned or controlled by Takwimu send to [email protected] a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.
By Takwimu: Takwimu may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Takwimu at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time. Automatic upon breach: Your right to access and use the Services automatically ceases if you breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Choice of law: These Terms are governed by and construed by the laws of England and Wales.
Dispute resolution: Takwimu will always seek to resolve any disputes amicably including by submitting to a mutually agreed independent arbitration service. In the event that we cannot resolve a dispute between us then you agree that any legal case between us can only be brought to a court within and heard according to the laws of England and Wales.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Takwimu as a result of the Terms or from your use of any of the Services.
Integration: These Terms and any applicable constitute the entire agreement between you and Takwimu relating to this subject matter and supersede any and all prior communications and/or agreements between you and Takwimu relating to access and use of the Services.
Effective as of 25 July 2018
The Data Controller is: Africa Practice Ltd, 14 Cambridge Court, 210 Shepherds Bush Road, London W6 7NJ, U.K. Any enquiries or concerns about this Policy should be addressed in the first instance to [email protected]
Takwimu has designed this policy to be consistent with the following principles:
As used in this policy, “personal information” means information that would allow someone to identify you, including your name, email address, IP address, or other information from which someone could deduce your identity.
Takwimu collects and uses personal information in the following ways:
4.1. Website Analytics: When you visit our Websites and use our Services, Takwimu collects some information about your activities through tools such as Google Analytics. The type of information that we collect focuses on general information such as country or city where you are located, pages visited, time spent on pages, heat-map of visitors’ activity on the site, use and re-use of downloadable content, information about the browser you are using, etc. Takwimu collects and uses this information pursuant to our legitimate interest in enhancing the security and utility of our Services. The information we gather and process is used in the aggregate to spot trends without deliberately identifying individuals, except in cases where you engage in a transaction with Takwimu by donating money, purchasing services, or buying a ticket for an event or program. In those cases, Takwimu retains certain information about your visit to the Services pursuant to its legitimate interest in understanding its community of supporters and improving its Services, and this information is stored in connection with other personal information you provide to Takwimu.
Note that you can learn about Google’s practices in connection with its analytics services and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. If you would like to opt out of Takwimu’s analytics, please contact [email protected] with your request.
4.2. Information from Cookies: We and our service providers (for example, Google Analytics as described above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device. Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities. The Takwimu Website may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).
4.3. Registration, Support and Community Services: When you register to obtain a user account on any of the Services, submit a support request or other enquiry, or contribute your own data or content, you will be asked to provide personal information to create your account and establish a password and profile. Takwimu collects and uses this personal information pursuant to its legitimate interest in establishing and maintaining your account, interacting with you and and providing you with high quality services. We may also use your email address to contact you regarding changes to this policy or other applicable policies. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. In addition, whenever you use a Takwimu Login Service to log into a Website or use the Services, our servers keep a plain text log of the Websites you visit and when you visit them.
4.4. Events: When you sign up for an event hosted or supported by Takwimu, you will be asked to provide some personal information, including your name, email address, and other information as needed. Takwimu collects and uses this personal information pursuant to its legitimate interest in organizing and running the relevant event. We may share your personal information with vendors, third party contractors, partner organizations, and volunteers for the purpose of organizing and running the event and related activities.
4.5. Emails and Newsletters: When you sign up to receive updates from Takwimu or otherwise subscribe to one of our mailing lists, you will be asked to provide some personal information. Takwimu collects and uses this personal information pursuant to its legitimate interest in providing news and updates to, and collaborating with, its supporters and volunteers.
4.6. Email Analytics: When you receive communications from Takwimu after signing up for the Takwimu newsletter, campaign updates, or other ongoing email communications from Takwimu, we use analytics to track whether you open the mail, click on the links, and otherwise interact with what we send. You may opt out of this tracking by choosing to get plain-text emails from Takwimu. Takwimu collects and uses this personal information pursuant to its legitimate interest in understanding the interests of its community of supporters and volunteers in order to provide more relevant news and updates.
4.7. Social Media Analytics: When you communicate with us or others via social media with reference to Takwimu or its Services or you share or publish Takwimu content online we use analytics to identify these conversations in the public domain so we can learn more about people’s interests in Takwimu content and services and use this information to improve our services.
4.8 Other Voluntarily Provided Information: When you provide feedback to Takwimu, sign a petition distributed by Takwimu, or otherwise submit personal information to Takwimu, Takwimu collects and uses this personal information pursuant to its legitimate interest in better understanding our community of supporters and volunteers and in furtherance of the particular program or activity to which you provided feedback or other input.
The majority of the personal information collected and used as explained above is aggregated and stored in a central database provided by a third party service provider. Takwimu aggregates this data pursuant to its legitimate interest in having information stored in a single location to minimize complexity, increase consistency in internal practices, better understand its community of supporters and volunteers, and enhance the security of the data.
Takwimu erases the web browser logs described above on a regular, rolling basis.
You are generally entitled to access personal information that Takwimu holds and to have inaccurate data corrected or removed to the extent Takwimu still maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please write to [email protected] explaining your request.
Takwimu does not disclose personal information to third parties except as specified elsewhere in this policy and in the following instances: Takwimu may share personal information with our contractors and service providers in order to undertake the activities described in Paragraph 4.
Takwimu has implemented reasonable physical, technical, and organizational security measures for personal information that Takwimu processes against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.
The Takwimu Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any Takwimu Login Service may increase the risk of phishing.
Takwimu uses many third party service providers in connection with the Services, including website hosting services, database management, credit card processing, and many more. Some of these service providers may place session cookies on your computer, and they may collect and store your personal information on our behalf in accordance with the data practices and purposes explained above in Paragraph 4.
If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that when we use and share your data as specified in this policy, we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.
Data transferred from the European Union to the United States or outside the European Union will be made on the grounds of a certification to the E.U./U.S. Privacy Shield regime and/or a data transfer agreement based on the Standard Contractual Clauses approved of by the European Commission respectively, consistent with applicable data privacy requirements.
Effective Date: 25 July 2018.