Last updated: May 21st, 2023
Afrikindness (‘we’, ’our’, ’us’) operate the Afrikindness app (the ‘App’).
Afrikindness is a non-profit children’s charity organization working actively to provide an enabling environment for children and young adults to learn acts of kindness and inspire them to be kind through creative activities that make an impact in their communities.
We believe that the spread of kindness will, in our opinion, effectively battle the core causes of identity crises, bullying, mental health crises, and abuse in schools, in our society, and around the world.
Our goal is to raise kindness ambassadors by helping children connect to their communities and inspire them to be kind and be a kindness advocate through our children-led projects and volunteering opportunities.
- Use of service
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended solely for your personal use. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorised in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions.
You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If the information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
You are solely responsible for your use of the Service and for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network. Check with your carrier to determine the fees that apply.
- Intellectual property
These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyrights, patents, trade secrets and other intellectual property rights in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us or to third parties. We reserve all rights not expressly granted in these Terms.
You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means.
Content in the App is the property of Afrikindness protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
- You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
- You shall not use our name in metatags, keywords and/or hidden text;
- You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- You shall use Our Content for lawful purposes only.
From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service. When changes are made the “Last Updated” legend at the top of this page will be updated to show the date of the last change. Please review these Terms regularly to ensure that you are aware of any changes.
If you continue to use the Service following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms please see our contact information on the last page of these Terms.
- Accessing the App
The App is free and can be downloaded on to your mobile.
We do not guarantee that our App, or any content on it, will be free from errors or omissions. We do not guarantee that the App will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the App on your mobile device are aware of these Terms and that they comply with them.
You can easily uninstall the App at any time by using the standard uninstall process available on your mobile device, or via your mobile application marketplace or network.
- Types of content
We want our parents to freely communicate on the App, but we have to impose restrictions on certain content that:
- contains language that could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libellous;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Parents or otherwise;
- itself, or the posting of which infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent.
- Third Party Material
The Service may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
- Respect the privacy of other users;
- Not engage in unauthorised collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, email address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual; and
- Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.
- Governing Law and Jurisdiction
These Terms and Service are governed by the laws of the United Kingdom and all parties submit to the non-exclusive jurisdiction of the courts of this State.
- Liability and losses
NOTHING IN THESE TERMS 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 LAW. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE APP OR ANY CONTENT IN IT, WHETHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
USE OF, OR INABILITY TO USE, THE APP; OR
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE APP.
WE DO NOT PROMISE THAT THE APP WILL BE FREE FROM BUGS OR VIRUSES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ON ANY WEBSITE LINKED TO IT. WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED TO WITHIN THE APP. SUCH LINKS SHOULD NOT BE INTERPRETED AS AN ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
Please let us know if you have any questions, comments and requests regarding these Terms by emailing – firstname.lastname@example.org