Effective date:01/10/2018
IMEIC TERMS OF USE
EFFECTIVE DATE: 1st October…...
2018
The
following terms and conditions (these ‘’Term of Use’’) refers
to the use of website https://imeicommunity.com whose properties, and
services are owned and operated by INTENT TECHNOLOGIES LTD (also referred to as ‘’we’’, our’’ or
‘’us’’) Please read these Terms of Use carefully before using the Service.
By using or
accessing the services, you agree to be bound by these terms of use and all
terms, policies and guidelines incorporated in the terms of use by reference.
Including, but not limited to IMEIC’s privacy policy (collectively, this
‘’agreement’’. This agreement is legally binding and conditions your use of the
services. If you do not agree to all the terms and conditions of this Agreement,
you must discontinue use of the Services.
1.
Account Registration and Access.
To register
for the Services and create an account, you must complete the registration process
by providing the information prompted by the registration fields, including
your name, email address, telephone, password etc. You agree to provide us with
complete, correct and accurate information when you register for Service and to
keep such information up to date.
You shall
protect your username and password and are solely responsible for activities
that occur under or through your account, including activities that are
authorized by you. If you allow a third party to access the services on your
behalf, you shall do it at your own risk and
ensure that such third party is by, and abides by, the terms of this
Agreement. You agree to notify IMEIC immediately of any unauthorized use of
your account or any other breach of security relating to your account or use of
the Services.
IMEIC may
access your account, or information associated with your account, to provide
support or maintenance, for security-related reasons, or any other business
purpose. You acknowledge and consent to such access.
2.
FEES
2.1
SUBSCRIPTION TERMS.
IMEIC offers
a range of subscription plans to its Services that may be recorded by our Service
during your registration and pay for the service right away.
At the end
of your current subscription period, your plan will automatically renew for a
subscription period equal to your prior subscription period unless you provide IMEIC
with email notice (sent to billing@imeicommunity.com of your intent not to renew your
plan at least thirty (30) days prior to the end of the-current subscription
period
To view the
specific details of your plan. Including pricing information and the end date
of your subscription period, login to your account on the IMEIC Website and
click the ‘’Account’’ page or contact us at billing@imeicommunity.com.
2.2. BILLING POLICIES, REFUNDS,
a. Membership fees for your plan is paid
right away during registration and others fees are paid depending on additional
services that you will subscribe. Only after payment confirmation is when your services
will be granted.
b. In the event you cancel your plan, no
refunds or credits will be provided for partial or unused months, of the
services.
c. Any discounts applied to a previous subscription
may not apply to a renewed
subscription, including to any automatic renewals.
2.3 FREE TRIAL
Subscriptions to the services may begin with a free trial period [period
during which you can try out the services for some days from the date you register
(‘’Free Trial Period’’).
While you may not be required to enter your billing information in order to
sing up for the Trial period, you may provide such information at any point
during the free Trial Period. If you do so, you will not be charged until the
Free Trial Period ends. If you have not provided billing information by the
time the Free Trial Period ends, you will lose access to the services. There
will be some days for grace period during which we will continue to grant you
access. You will have the option of entering billing information and
subscribing during this grace period. If you do not do so, your account will be
cancelled at the end of the grace period.
You may cancel your Plan at any time during the Free Trial Period by
following the steps described in section …. (“Account Cancellation”). Upon
cancelling your account, you will immediately lose all access to the Service
and any date or information stored within your account (see Section…. (“Term
and Termination”) for additional details).
IMEIC reserves the right to modify, cancel and/or limit the Free Trial
Period without notice at any time.
2.4 Changes in fees
We may change the fees for the Service at any time or impose additional
fees or charges. Such changes will be effective as of when updated in the
website.
2.5 Payment of fees
As an express condition of your use of and access to the Service, you
agree to pay all fees applicable to your Plan, any other fees for additional
services you may purchase, and any applicable taxes in connection with your use
of Services.
We will bill the fees due under your Plan to the credit card or mobile
money number you provide to us during registration (or to a different credit
card or mobile number if you change your payment information). You acknowledge
that the amount billed for each renewal period may vary due to promotional
offers, changes in your Plan, and changes in applicable taxes, and you
authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Services for
failure to pay applicable fees as described in this Agreement. Unless otherwise
stated, all fees are stated in U.S. Dollars.
2.6 CREDIT CARD PAYMENTS
All fees for your Plan will be billed to your credit card or mobile money
number. You authorize the card issuer and MNO (Mobile Network Operator) mobile
money platform to pay any amounts described herein and associated with your
Plan and authorize us (or a billing such amounts to your account until you or we cancel or terminate
your Plan as provided herein or these amounts are paid in full, whichever is
later.
You must provide current, correct, complete and accurate billing and
credit card or mobile money number information.
Account cancellation
You may cancel your Plan upon 30 days’ notice by either calling us and
speaking to an authorized account representative or sending an email to billing@imeicommunity.com.
For clarity, if you cancel your plan prior to the conclusion of your
current subscription period, you will responsible for payment for all
subscription fees through the conclusion of your current subscription period.
If you cancel your Plan, you will lose all access, upon the expiration of
your current pre-paid period, to the Services and any data or information stored
in your account (see section…. (“Term and Termination”) for additional
details).
2.7 License to material which you post
By posting any software,
information, data, databases, music, audio, video or audio-visual files,
photographs, images, documents, text, digital files, forum messages, reviews,
comments or other material (“Material”) to the IMEIC Blog, you hereby grant IMEIC an irrevocable
license to reproduce, adapt, distribute, perform or publicly display, or create
derivative works from all or any portion of the Material. You further represent
and warrant that you own all rights to such Material and that this license does
not infringe the rights of any third party or violate any applicable law or
regulation.
3
Privacy
IMEIC’ Privacy Policy is
incorporated into this Agreement by this reference and is available at https://imeicommunity.com/privacy
As used in this section, “Personally
identifiable Information-PII” refers to information that can be used to
personally identify a unique individual, as name, address and phone number.
4.1
Your obligations with
respect to cookies used by the IMEIC script on visitors to our website
The IMEIC
Script may store cookies on computers or any other device capable of accessing
IMEIC website. These cookies contain values that allow IMEIC to detect if the
Visitor is a returning Visitor or a first-time Visitor to our web page(s), when
the Visitor last visited the web page(s), and when conducting A/B
testing, what test group the associating an identity with Visitor, on
Personally identifiable information relating to the Visitor is stored within
these cookies.
By using the
IMEIC website you consent and authorise placement of such cookies on your
computer or any other device capable of accessing IMEIC website.
4.3 SECURITY
Your IMEIC account is
protected by a username and password, and should be accessed only by you or
authorized third parties at your own risk. You should take steps to protect
against unauthorized access to or use of your username and password. You should
also remember to log off when using any shared computer or device.
IMEIC has implemented
reasonable security mechanisms to protect your information from loss, misuse
and destruction. Examples of these security mechanisms include limited and
password-protected access, high security public/private keys, encryption on
processed data and SSL encryption to protect transmission of data
However, please keep in
mind that no security system is impenetrable. It may be possible for third
parties to intercept or access Client Data, information you provide to IMEIC,
information we collect about you. IMEIC, cannot guarantee the security of such
information and is not responsible for unauthorized access to your account or
client data.
4.4 IMEIC limits access to your information
IMEIC will not knowingly
permit access to , or otherwise divulge to a third party, the statistical
information we compile for you except for the express purpose of generating reports
which have been requested, authorized or approved by you, or unless acting
under a good faith belief that such action is necessary to (a) conform to legal
requirements or comply with legal
process; (b) protect and defend the rights or property of IMEIC; (c) enforce
our agreements with clients and/or visitors to our website; (d) troubleshoot
problems with the services; or (e) create aggregate reports as set forth below.
4.5 Aggregate reports
IMEIC reserves the right
to aggregate certain categories of Client Data (such as number of logins) in
the websites.
4
Proprietary Rights; Restrictions on
use
4.3 Content on the website
Any opinions expressed by the contributors, authors and
moderators who post content to the Website are the personal opinions of the
authors, not of IMEIC, whether or not the authors are employees, ambassadors or
contractors of IMEIC. The Website and all materials published and/or
distributed on or through the Website (including, but not limited to news
articles, photographs, images, illustrations, audio clips and video clips) are
provided for informational and entertainment purposes only and are not meant to
be an endorsement or representation by IMEIC or other party.
4.4 IMEIC’ exclusive right to manage material
You acknowledge that any Material you post, upload, or submit
to the IMEIC Blog may be edited, removed, deleted, modified, published,
transmitted, and displayed by IMEIC in its sole discretion and without your permission and you waive any
rights you may have in having the material altered or changed in a manner not
agreeable to you. You expressly agree that we may remove, disable or restrict
access to or the availability of any Material from the IMEIC Blog at any time,
for any reason or for no reason at all. However, IMEIC shall not be responsible
for controlling or editing any Material and IMEIC cannot ensure removal of
inappropriate or unlawful Material. Under no circumstances will we be held
liable for removing, disabling or restricting access to or the availability of
Material or for any failure to do so.
4.5 Reservations
Except for the limited licenses expressly granted herein, IMEIC
expressly reserves all right, content on the IMEIC Website, aggregate data and
general trend reports, and all processing, analytics, and other software and technology
used by IMEIC of the analysis of our website and/or the provision of the
service (“IMEIC Technology and Service”) including, without limitation, any
derivatives, improvements, enhancements or extensions of the IMEIC Technology
and Service conceived, reduced to practice or otherwise developed on or on
behalf of IMEIC , all of which are valuable assets of IMEIC, and any copyright,
patent or trademark or other intellectual property right pertaining thereto.
4.6 Restrictions on use and compliance
You shall not
a. Use, or allow the of, the IMEIC
Technology and Service, except pursuant to the limited rights expressly granted
in this Agreement;
b. Use the IMEIC Technology and service
in any manner that is inconsistent with user documentation, if any, supplied to
you by IMEIC or inconsistent with IMEIC’ standard security procedures, if any,
accessible through your user interface;
c. Attempt to reverse engineer, hack
into, or compromise any aspect of the IMEIC Technology and service, or attempt
to access data or account information of any other customer of IMEIC;
d. Remove, obscure or alter any legal
notices, including notices of
intellectual property rights appearing in or on any materials delivered to you
by IMEIC;
e. Use, post, transmit introduction any
device, software or routine that interferes or attempts to interfere with the
operation of the IMEIC Technology;
f.
Use
the IMEIC Technology and services for academic research or research unrelated
to IMEIC.
g. Post or transmit any libellous,
defamatory, indecent, obscene, abusive or pornographic message, data, image or
program;
h. Post or transmit any message, data,
image, or program that would violate any property rights of others using the
services or the IMEIC Blog;
i.
Upload
or download files that contain software or other material protected by
intellectual property laws, rights of privacy or publicity, or any other
applicable law unless you own or control the rights to such files or have
received all necessary consents; or
j.
Use
the service to threaten, harass, or otherwise and
violate the legal rights (including rights of privacy and publicity) of other
You will not use the services in any way or for any purpose
that would violate, or would have the effect of violating, any applicable laws,
rules or regulations or any rights of any third parties, including without
limitation, any law or right regarding any copyright, patent, trademark, trade
secret, music, image, or other proprietary or property right, false
advertising, unfair competition, defamation, invasion of privacy or rights of
celebrity.
5
Indemnification
You agree to indemnify, hold harmless and (only if requested by IMEIC)
defend IMEIC, at your expense, against any and all third-party claims, actions,
proceedings, and suits asserted against IMEIC or any of its officers,
directors, employees, agents or affiliates, and all related liabilities,
damages, settlements, penalties, fines, costs or expenses, (including, without
limitation, reasonable attorneys’ fees) incurred by IMEIC or any of its
officers, directors, employees, agents or affiliates, arising out of or
relating to (a) your breach of any term or
condition of this Agreement, (b) your use of the services, (c)your
unauthorized use of the IMEIC Script, and (c) your disclosure of any Visitor
data, including any personally identifiable information, to IMEIC. In such
instances, IMEIC will provide you with electronic or written notice of such
third-party claim, action, proceeding address furnished to IMEIC within 30 days
of learning of such claim. You shall cooperate as fully as reasonably required
in the defence of any claim. IMEIC reserves the right, at its own expense, to
assume the exclusive defence and control of any matter subject to
indemnification by you.
6
Representations and Warranties
You represent and warrant to IMEIC that you (a) own all right, title and
interest in your account; (b) own or have obtained all rights necessary to
publish all of the content published on or through your account and (c) have
obtained all necessary consent (s) from IMEIC required to enable the Services.
IMEIC does not represent or warrant that (w) the services will be error-free
or accessible at particular times, (x) defects will be corrected, (y) the
services, or the server(s) that makes it available, are free of viruses or
other harmful components, or (z) the use or the results of the use of the
services or the materials made available as part of the services will be
correct, accurate, timely, or otherwise reliable.
You specifically agree that IMEIC shall not be responsible for
unauthorized access to or alteration of your data.
7
Disclaimers and limitations on
liability
7.3 General disclaimers
The information, reports and services included in or
available through the Services may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. IMEIC and/or
its respective vendors may make improvements and/or changes in the services at
any time, without obligation to notify any person or entity of such changes. The
services may contain links to third party websites (“Third party website”).
Access to Third Party Websites is at your own risk and IMEIC is not responsible
for the accuracy, availability or reliability of any information, goods, data,
opinions, advice or statements made
available on Third Party Websites that you access from the services. The Third
Party website are not under the control of IMEIC and as such, IMEIC is not
liable for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on
any Third Party website. IMEIC provides these links merely as a convenience
and the inclusion of such links does not imply an endorsement or recommendation.
7.4 Disclaimers of warranties
The services, the IMEIC technology and service, the IMEIC
script and any reports derived there from are provide “as is” and there are no warranties,
claims or representations made by IMEIC
either express, implied , or statutory, with respect to the services, the IMEIC
script, the reports, or any documentation, including warranties of quality,
performance, non-infringement, merchantability , or fitness for a particular
purpose, nor are there any warranties created by course of dealing, course of
performance, or trade usage. IMEIC does not warrant that the services, the IMEIC
script or any reports derived therefrom will meet your needs or be free from
errors, or that the operation of the services will be uninterrupted. The
foregoing exclusions and disclaimers are an essential part of this agreement
and formed the basis for determining the price charged for the services. Some
states do not allow exclusion of an implied warranty, so this disclaimer may
not apply to you in full.
7.5 Limitations on liability
IMEIC and its officers,
directors, and employees will not be liable to you or any third party for any
indirect, special, punitive, consequential (including, without limitation, lost
profits or lot data collected through the services), or incidental damages,
whether based on a claim or action of contract, warranty, negligence, strict
liability, or other tort, breach of any statutory duty, indemnity or
contribution, or otherwise, even if IMEIC has been advised of the possibility
of such damages. The exclusion contained in this paragraph shall apply
regardless of the failure of the exclusive remedy provided in the following
paragraph. Some states do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitations or exclusions
may not apply to you in full
IMEIC’ cumulative
liability to you or any other party for any loss or damages resulting from any
claims, demands or actions arising out of or relating to this agreement shall not exceed the aggregate
fees paid to IMEIC for use of the services during the six months preceding the
most recent event giving rise to such liability.
8
Service failures
IMEIC does not guarantee, and shall have no liability for, any downtime
(a) caused by failures of or previously scheduled maintenance to IMEIC’
equipment or services, (b) caused by outages to any public internet backbones,
networks or services(c) caused by any failures of your equipment, systems or
local access services, or (d) relating to events beyond IMEIC’ control, such as
strikes, riots, insurrections, fires, floods, explosions, earthquakes, natural
disasters, or interruptions in internet services to an area where IMEIC or your
services are located or co-located.
9
Tanzania United Republic government
rights
If the use of the Services is being acquired by or on behalf of the Tanzania
United Republic Government or by a Tanzania United Republic government prime
contractor or subcontractor, the Government’s rights in the Software, including
its rights to use, modify, reproduce, release, perform, display or disclose the
Software or Documentation, will be subject in all respects to the commercial
license rights and restrictions provided in this Agreement.
10
Term and Termination
10.3
General
IMEIC may terminate or suspend access to the Services
immediately, if you breach this Agreement or for any other reason.
10.4
Termination of the services
To terminate your use of
the service, please follow the steps described in section….. (“Account
cancellation”).
Upon any termination of
the Services, (a) IMEIC will cease providing the Services; (b) you will delete
your account (c) any outstanding balance payable by you to IMEIC will become
immediately due and payable and any collection expenses incurred will be
included in the amount owed; (d) you will not be entitled to any refunds of any
usage fees or any other fees; and (e) all of your historical report data will
no longer be available to you through IMEIC.
11
Modifications to this Agreements and
other Polices.
Our employees are not authorized to vary the terms of this Agreement.
This Agreement may be modified only (a) by obtaining our written consent in an
agreement signed by an officer of IMEIC’ or (b) as set forth below in the
immediately following paragraph.
You agree that IMEIC may modify the terms of this Agreement or any policy
governing the Services from time to time, and that your right to access the
Services is conditioned on ongoing basis with your compliance with then-current
version of this Agreement. We will notify you of any material revisions or
modifications to the Agreement by (x) posting a notice on the IMEIC Website for
30 days following any revisions or modification. By continuing to use the
services after such notice, you consent to the revised or modified terms of
this Agreement.
12
Miscellaneous; Arbitration, Choice of
Law, and Venue
12.3
EXCUSE
IMEIC shall be excused from performance hereunder to the
extent that performance is prevented, delayed or obstructed by causes beyond
its reasonable control.
12.4
SEVERABILITY AND WAIVER
If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be
reformed to the extent necessary to make it to reflect the intent of the
parties, and the remainder of this Agreement shall continue in full force and
effect. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed to the extent necessary to make it enforceable
to the maximum extent permissible so as to reflect the intent of the parties,
and the remainder of this Agreement shall continue in full force and effect.
12.5