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  • OBAMI TERMS & CONDITIONS




    INTRODUCTION

    Last updated: 12th December 2018

    Please read these Terms and Conditions carefully before using the Obami™ platform at www.obami.com - a fully customisable, intuitive and scalable social learning management system - owned, operated and built by Obami Networks CC; herein “Obami” “we”, “us” and/or “our”.

    REGISTERED ADMINISTRATORS & WHITE LABELLED ORGANISATIONS

    Registered administrators, signing up on behalf of an organisation, must be aware that by accepting these terms and conditions, they are accepting them on behalf of their organisation.

    When purchasing bundles of account credits on Obami an organisation becomes a white-label license subscriber; subscribing for a period of 1 year. Additional account credits can be purchased and will be charged on a pro-rata basis. All account credits are non-refundable and either expire or are renewed at year end.

    Registered administrators are responsible for all activity occurring within their organisation, including but not limited to, comments posted by others on content or the sharing of content by others.

    Therefore, Obami cannot be held responsible for the use of the platform within the organisation and trusts that all the organisation’s Internal Rules & Regulations are met and upheld by the registered administrator, or any subsequent administrator.


    YOUR ACCEPTANCE OF OUR TERMS & CONDITIONS

    Any new features added to the current service, including the release of new tools and resources, shall be subject to these Terms and Conditions. Continued use of the service after any such changes have been made constitutes consent to such changes. Whilst Obami endeavours to announce significant changes to the Terms and Conditions, it is your responsibility to review the Terms and Conditions on a regular basis. Obami reserves the right to update the Obami Terms and Conditions without notice.
     
    ACCOUNT TERMS

    You must be a human and affiliated with a registered association. Accounts registered by 'bots' or other automated methods are not permitted.

    Only people who have been invited by Obami or registered administrators of an approved organisation can sign up to Obami and make use of its services.

    Your profile (and all related imagery) must not impersonate any other person and must not be protected by trademark or proprietary rights laws. It must not be offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable.

    You are responsible for maintaining the security of your account and password. Obami cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

    You may not use the Service for any illegal or unauthorised purpose. You must not violate any laws in your jurisdiction or be in breach of any South African Law, including but not limited to copyright laws.

    Violation of any of these agreements will result in the immediate termination of your account.

    While Obami prohibits such conduct and content on the service, you understand and agree that Obami cannot be responsible for the content posted on the platform and nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

    COPYRIGHT AND CONTENT OWNERSHIP

    Members agree they will not upload content of which they do not have permission to do so, including but not exclusive to, images and text in breach of any copyright or intellectual property laws.

    Obami claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, or amongst pre-defined groups or contacts, you hereby agree to other individuals, if permitted, to view and share that content, and grant Obami a limited license to use, modify, display, reproduce, and distribute such content on and through the Obami site and via other mediums if they see fit.

    Obami does not pre-screen all content, but Obami and its designee have the right, but not the obligation, in their sole discretion, to refuse or remove any content that is provided by you and to edit, refuse to distribute or remove the same.

    PRIVACY AND SECURITY

    Obami values your privacy. Please read more about our commitment to protecting your privacy and our compliance with the EU General Data Privacy Regulation in the Obami Privacy Policy.

    As part of its ongoing service, Obami has the right to send emails & SMS text messages to you in order to keep you updated on activities occurring within your account, including but not limited to notifications of new messages, contact requests, comments, portal invitations, portal updates, forum participation, event invitations, RSVPs, and assignments.

    Email security is your own responsibility. Obami cannot be held responsible for any interference with your account caused by email hacking.

    PAYMENTS AND REFUNDS

    All purchases made on the Obami platform including but not limited to account credits & premium content, will be billed in advance and are non-refundable. Obami offers multiple payment options and uses third-party payment merchant services from Payfast  and Paypal as well as accepting Debit/Credit card payments, Electronic Fund Transfer & Bitcoin. 

    Obami cannot be held responsible for issues related to payments using digital and third parties – we strongly recommend you review the Terms & Conditions of your preferred service provider / method independently; before making your purchase on Obami. All fees are quoted in South African Rands and are exclusive of all taxes, which are subject to SA tax laws.

    MODIFICATIONS TO ‘THE SERVICE’ AND PRICES

    Obami reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

    Obami shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    TECHNICAL POLICY AND SUPPORT

    Obami endeavours to keep your account secure and has security measures in place, including but not limited to HTTPS (Hypertext Transfer Protocol Secure). Some of Obami’s Services are delivered by third-parties. You therefore understand that the technical processing and transmission of the Service, including your content - which is beyond the control of Obami - could be transferred unencrypted and involve:

    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.


    Obami does not warrant that:

    1. the Service will meet your specific requirements,
    2. the Service will be uninterrupted, timely, secure, or error-free,
    3. the results that may be obtained from the use of the Service will be accurate or reliable, iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
    4. any errors in the Service will be corrected.

    Technical support is only available to registered subscribers and is accessible via the platform when logged in or via the Contact Obami page.


    CANCELLATION & TERMINATION

    You can request that your account be deactivated through your organisation's administrator. A formal application requesting the archiving of an account can be made by contacting Obami directly.

    Obami, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Obami service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all content within your account.


    GENERAL CONDITIONS

    You use the Service at your own risk. The service is provided on an 'as is' and 'as available' basis.
    You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, Obami, or the Obami™

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Obami.

    Written, visual or any other abuse (including threats of abuse or retribution) of any Obami member or Obami employee will result in immediate account termination.

    You must not upload, post, host, or transmit unsolicited email, SMS, or 'spam' messages.

    You must not transmit any worms or viruses or any code of a destructive nature.

    We may, but have no obligation to, remove content and accounts containing content that we deem to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.

    You expressly understand and agree that Obami shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Obami has been advised of the possibility of such damages, resulting from:

    1. the use or the inability to use the service;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    3. unauthorised access to or alteration of your transmissions or data;
    4. statements or conduct of any third-party on the service;
    5. termination of your account; or
    6. any other matter relating to the service.


    The failure of Obami to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and Obami and govern your use of the Service.

    Existing and/or independent agreements between individuals or organisations and Obami do not supersede these terms and conditions. They can reference the terms and conditions and in include, in detail, additional agreements. These additional agreements must be legally binding, signed and witnessed by both parties and form part of a separate contract.

    LEGAL

    Obami reserves the right, in its sole discretion, to bring proceedings against any member that we deem to be in breach of the above-mentioned Terms and Conditions. This Agreement shall be governed by and interpreted in accordance with the laws of South Africa.



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