Welcome to kantabile Afrika!
These terms and conditions outline the rules and regulations for the use of this Website, located at https://kantabileafrika.com/(the “Site”).
By accessing this Site we assume you accept these terms and conditions. Do not continue to use this Site if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to kantabile Afrika. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, kantabile Afrika and/or its licensors own the intellectual property rights for all material on the Site. All intellectual property rights are reserved. You may access this from the Site for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from the Site
- Sell, rent or sub-license material from the Site
- Reproduce, duplicate or copy material from the Site
- Redistribute content from the Site
LINKING TO 3RD PARTY SITES
Hyperlinks to the websites of other persons or businesses are provided at your own risk. You acknowledge that the websites attached to these hyperlinks are beyond our control and that we do not endorse, warrant or make any representations about the content, products, services, security or reliability of that website.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Where necessary, we employ security features, processes and procedures on the site which are in accordance with or higher than accepted industry standard. However, we cannot guarantee the security of the information you transmit to us. Notwithstanding various precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring and that we are not liable for any loss, harm or damage which you may suffer as a result of this.
To enjoy full functionality and all the security features which may be made available on the site from time to time, you require the browser and version thereof as specified on the site from time to time. If you do not have the specified browser then you might not enjoy the full functionality or security features made available on the site, in which case you acknowledge and accept that the site may fail to function properly and you accept all risks related to this.
AVAILABILITY OF SITE
kantabile Afrika may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons.
a) In no event shall kantabile Afrika or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on kantabile Afrika website, even if kantabile Afrika or a kantabile Afrika authorized representative has been notified orally or in writing of the possibility of such damage.
b) Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
c) Nothing in these terms of website use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by any applicable law.
NO UNLAWFUL OR PROHIBITED USE
Part of your agreement with kantabile Afrika is that you will NOT use the kantabile Afrika website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of kantabile Afrika. Users agree that all information given is true and agrees not to falsify any information provided to kantabile Afrika. You may NOT use the kantabile Afrika website in a manner that could/may damage, disable, overburden, or impair any aspect of the kantabile Afrika website, the network or networks connected to the kantabile Afrika website, or interfere with any other party’s ability to use or enjoyment of the kantabile Afrika website. Any unauthorized attempts to gain access to the kantabile Afrika website, or other individual accounts, any computer systems or networks connected to any kantabile Afrika website, through any means, including; hacking, password mining, data scraping, or any other means, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the kantabile Afrika website.
You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services or (c) data mining purposes.
The entire contents of kantabile Afrika website are copyrighted as a collective work under the laws of the United States and other copyright laws. kantabile Afrika Shields the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
You may display (conditional upon any expressly stated restrictions or limitations relating to specific material) and download portions of the material from the different areas of kantabile Afrika solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from kantabile Afrika.
- We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers, developers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
- Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference.
- The content available through the website is the sole property of kantabile Afrika or its advertisers, suppliers or licensors. All material published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by kantabile Afrika or our advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the site to anyone without our express prior written consent.
- You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
- Our site may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.
- By using this site, you agree under penalty of perjury to make the following statements:
- I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
- Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
- I believe I have the unalienable right to read and/or view any type of material I choose.
- I am aware of the standards of my local community with respect to the materials offered on this site; I am familiar with the materials offered by this site; and I represent, warrant and certify that the links, information, and use of materials on this site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this site, I agree to no longer access this site.
- I recognize that this site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
- By viewing and/or using this site, you agree that kantabile Afrika will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this site. You agree to defend, indemnify and hold harmless kantabile Afrika, its employees, directors, shareholders, members, officers, agents, representatives, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of your use of the site, including without limitation claims made by third parties related to your use of the site.
- We and our advertisers, suppliers and licensors provide this website on an “as is” and “as provided” basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the site or services. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We make no representation that the site and/or services will be uninterrupted or error, force majeure, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, mis-delivery, corruption, destruction, or events.
- Without limiting the foregoing, we shall not be liable to you or your business for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of this site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy. In no event shall either party’s aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you hereunder in the 12 months preceding the incident.
- Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site, services or these Terms must be filed within Three months after such claim or cause of action arose or be forever barred.
- You will indemnify kantabile Afrika for any expenses. kantabile Afrika may incur resulting from your violation of this Agreement, including, without limitation, any fines, fees, legal expenses, and labor for investigation and resolution.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, kantabile AfrikaAND ITS SUPPLIERS EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE EXTENT APPLICABLE BY LAW. IN NO EVENT IS kantabile Afrika OR ITS SUPPLIERS LIABLE FOR ANY BUSINESS INTERRUPTION, LOST PROFIT, REVENUE, DATA OR DATA RECONSTRUCTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OR OTHERWISE, EVEN IF kantabile Afrika OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF kantabile Afrika, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OR OTHERWISE SHALL NOT EXCEED $500.00.
DMCA Notifications of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us directly for notice of claims of copyright or other intellectual property infringement (“Agent”), at our “Contact Us” page.
Please provide our Agent with the following Notice:
- Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data, including your player’s consent to use player’s names; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Without limiting the above, we shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by you, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Any disputes or requests to remove confidential information, such as a player’s specific name, will be honored and the name blocked out. Public game information such as any game penalties and any disciplinary actions may not be removed.
Software Malfunction Or Website Interruption
kantabile Afrika will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in the website or its services. You agree to defend, indemnify and hold harmless kantabile Afrika, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the site.
By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of New York as applicable. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
kantabile Afrika controls and operates the Site from the United States, and all information is processed within the United States.
Users who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Mandatory Binding Arbitration
Except as prohibited by Law, any dispute under this Agreement shall be resolved through binding arbitration in New York under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent either party from filing charges with state or federal agencies. You agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of either party to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between us concerning the terms and provisions of these Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees.
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Notices should be addressed via our ‘Contact Us’ page.
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA and other countries. Such violations may subject the offender and his or her agents to civil and criminal penalties.
Neither party is liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, provided that payments shall not be delayed.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The provisions of this Agreement pertaining to Confidential Information, privacy, and use restrictions shall survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.
You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement. Any disputes that may arise from these Terms and Conditions of Use shall be governed by the Laws of the United States and subject to the Jurisdiction of the Delaware Courts via mandatory binding arbitration.
This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement is binding on either party.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit, addendum shall prevail.
Termination/ Access Restriction
The terms for booking and associated conditions will be set forth in a separate agreement. A copy of such document will be provided during the booking process.
If you have questions or concerns regarding these terms, you should email kantabile Afrika at our “Contact Us” page.