Website Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
The iSerwah.com website is a service offered by the 3Cs Software Solutions Group, Inc. This Terms of Use Agreement (the "Terms of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the iSerwah.com website, content and services (collectively, the "Website"), whether accessed via the internet, wirelessly or through any other method. By visiting the Website or accessing any content available through the Website you accept this Agreement. iSerwah.com may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE.
Proprietary Rights and Permitted Use
The Website is the sole and exclusive property of iSerwah.com. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website other than as expressly authorized by iSerwah.com in writing. Use of the Website in any way not expressly permitted by this Agreement is prohibited, and may be actionable under international law. Use of the Website to solicit or market to businesses that appear on the Website is strictly prohibited. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by iSerwah.com, you are permitted to view and use a single copy of the Website for your personal, non-commercial use; provided, however, that you may not publish, modify, distribute, perform or create derivative works from or further duplicate any part of the Website unless expressly authorized by iSerwah.com in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website.
You hereby acknowledge and agree that, as between iSerwah.com and you, all right, title, and interest in and to the Website, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by iSerwah.com.
You agree not to access the Website by any means other than through the interface that is provided by iSerwah.com. You further agree that you will not collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. If iSerwah.com makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
User Contributions to the Website
iSerwah.com provides users, including iSerwah.com advertisers, with opportunities to contribute to the Website. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages and other content posted by you on the Website (collectively, the "User Content"), whether publicly posted or privately transmitted, are your sole responsibility, and that you are solely and exclusively responsible for all such User Content. By posting, providing, or otherwise making available any User Content, you hereby grant to iSerwah.com and its affiliates a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form in any medium, and iSerwah.com may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the Website
or otherwise have the right to grant the license set forth in this section; (ii) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) your posting of the User Content is in compliance with the Code of Conduct and the Editorial Policies. You further agree that iSerwah.com is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
You acknowledge that iSerwah.com reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Website. Without limiting the foregoing, iSerwah.com shall have the right to remove any User Content that violates this Agreement (including without limitation the Code of Conduct) ) or is otherwise objectionable as determined in iSerwah.com's sole and absolute discretion. You acknowledge that iSerwah.com does verify, adopt, ratify, or sanction some User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Your conduct in connection with the Website is governed by iSerwah.com's Code of Conduct, which is hereby incorporated herein by this reference. If you discover materials on the Website that violate this Agreement, including without limitation the Code of Conduct, please notify us at info@inetafrica.com.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ISERWAH.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) USER CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE WEBSITE; (b) YOUR USE OF THE WEBSITE; OR (c) YOUR VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAWS, OR YOUR VIOLATION OR ALLEGED VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
Dealing with Third Parties
Your dealings or communications through the Website with any party other than iSerwah.com are solely between you and that third party. Under no circumstances will iSerwah.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
No Professional Advice
You acknowledge that iSerwah.com does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional.
Modifications to Site
iSerwah.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that iSerwah.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
Suspension and/or Termination Rights
iSerwah.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your registration for any program, your ability to access the Website and/or to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that iSerwah.com determines in its sole and absolute discretion to be inappropriate. You agree that iSerwah.com shall not be liable to you or any third-party for any such suspension or termination
Loss of Data
iSerwah.com is not responsible for any lost data resulting from the operation of our Website and/or the enforcement of the Terms of Use, and is not obligated to maintain back-up copies of any User Content. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Website.
Password and Security
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iSerwah.com of any unauthorized use of your password or account or any other breach of security, and (b) log out of your account at the end of each session.
Disclosure of Personal Information and User Content
Without limitation of any of the rights granted to iSerwah.com herein, you acknowledge and agree that iSerwah.com may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of iSerwah.com any individual or the public.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ISERWAH.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISERWAH.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER ISERWAH.COM NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISERWAH.COM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF ISERWAH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ISERWAH.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ISERWAH.COM DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.