Terms of service

Effective date: 10 February 2020

Welcome to DiabetesAfrica.org, the web platform for Diabetes Africa Ltd, a non-profit organisation established in the United Kingdom as a company limited by guarantee, and thereafter referred to as “Diabetes Africa”. 

Diabetes Africa helps healthcare professionals, entrepreneurs and decision-makers reach more people and make a greater impact fighting diabetes in Africa and around the world. Our staff, members and partners share the same vision: to make diabetes and related diseases in Africa and in people of African origin a thing on the past. We connect people and organisations around four topics: access to medicine and treatment; capacity-building; research and policy.

Our brand and programme of activities rest on two pillars: (1) African-specific knowledge and (2) innovation. Diabetes Africa’s strategy complements that of larger organisations focused on non-communicable diseases at the international level. By using diabetes as a relatable point of entry into more complex structural and medical issues, we see our approach as complementary to that of other organisations working on this topic at the national and international levels.

Table of Contents

You agreement with Diabetes Africa

You understand and agree that, by visiting, accessing or using DiabetesAfrica.org you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of DiabetesAfrica.org. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use DiabetesAfrica.org with the consent of a parent or legal guardian.

These Terms of Service include Diabetes Africa’s Privacy Policy, located here: www.diabetesafrica.org/privacy-policy, which is incorporated into these Terms of Service by reference and together with the Terms of Service governs your visit to, access of, and use of DiabetesAfrica.org. The Privacy Policy explains Diabetes Africa’s position on information gathering and how it intends to use and share any information it collects. Read the Privacy Policy carefully as you are agreeing to it when you agree to these Terms of Service.

Revisions to terms of service

These Terms of Service are subject to revision from time to time by Diabetes Africa Ltd. and your continued use of DiabetesAfrica.org means you agree to, without modification, the revised Terms of Service. If you are a registered member of Diabetes Africa, you will be notified of material revisions to these Terms of Service via an e-mail message to the e-mail address that you provided at registration or that you have since updated. If you are not a registered member of Diabetes Africa, then you can review revisions to these Terms of Service by regularly checking this page. Material revisions to these Terms of Service will be indicated by an updated effective date at the top of this page and by a notice posted on the homepage of DiabetesAfrica.org. Whether or not you are a registered member of Diabetes Africa, it is your responsibility to remain apprised of any revisions to these Terms of Service and to remain in compliance therewith. Should you object to any such revisions to these Terms of Service or become dissatisfied with Diabetes Africa in any way, your only recourse is to immediately terminate your membership or discontinue use of DiabetesAfrica.org. Otherwise, continuing to use the membership service, continuing to visit, access or use DiabetesAfrica.org, after the effective date means that you agree to be bound by any and all revisions.

Cost

From time to time, and at Diabetes Africa’s sole discretion, there may be certain content available via subscription or surcharge, and you will be alerted when any such charges apply if you have not already subscribed or agreed to the charges.  Note that currently most articles and publications are available free of charge in the pages of DiabetesAfrica.org. 

Membership

Access to some or all of the content, services and features on DiabetesAfrica.org and distributed by Diabetes Africa may require users to register and become members of Diabetes Africa. If you are a member of Diabetes Africa, you accept responsibility for all activities that occur under your account whether or not you expressly authorize such activities. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access DiabetesAfrica.org using your username or account in whole or in part. Diabetes Africa may terminate membership and deny access to DiabetesAfrica.org to any person for any reason in its sole discretion. You will not compromise, or attempt to compromise, the security of your account. Additionally and without limiting the generality of the preceding sentence, Diabetes Africa may terminate membership and deny access to DiabetesAfrica.org to any person who, in Diabetes Africa’s sole discretion, violates these Terms of Service. Such termination or denial of access shall be in addition to any remedies available to Diabetes Africa and DiabetesAfrica.org in law and equity.

Copyright and other intellectual property rights

Material published on DiabetesAfrica.org and through Diabetes Africa’s collaborative relationships with third-party websites or software, including articles, photos, Content Feeds, graphics, forum postings, audio and video clips, trademarks, service marks, and other content (“Content”), is copyrighted by Diabetes Africa, or by other information providers who have licensed their content for use on DiabetesAfrica.org. Additionally, the entire Content of DiabetesAfrica.org is protected by copyright as a collective work owned by Diabetes Africa. You may not reproduce, download, republish or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.

Use of logo

Brand Diabetes Africa is the exclusive property of Diabetes Africa Ltd. It cannot be used by any government or non-government body, corporation or individual without authorisation.

In case of doubt about the use of Diabetes Africa’s logo, please email info@diabetesafrica.org

License grant to access DiabetesAfrica.org

Subject to these Terms of Service, Diabetes Africa grants you permission to access DiabetesAfrica.org and view the Content solely for your personal, non-commercial use. In addition to viewing Content online, you may electronically store a reasonable portion of any individual element of DiabetesAfrica.org Content (for example, a limited section of a text article) for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, or a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the Content or create a database using the Content, and you further agree that you will not download, store or archive individual image or video files as stand-alone files.

These rules also apply to your use of DiabetesAfrica.org:

  1. You will not in any way infringe or misappropriate any of the intellectual property in and to the Content accessible through DiabetesAfrica.org. This means you agree not to copy, modify, publish, transmit, create derivative works (including, without limitation, summaries, analyses and reports) from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of Diabetes Africa or others except as expressly permitted herein.
  2. You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it (including derivative works), whether over the World Wide Web or otherwise, and whether or not for payment, without the express written permission of Miami Herald or a third-party copyright holder, except that in some cases you may use individual articles that appear on DiabetesAfrica.org as specifically designated by the functionality of DiabetesAfrica.org (e.g., e-mail a story to a friend or purchase the rights to reproduce a story for other use). In such cases we communicate such rights to you directly in the applicable portion of the Content.
  3. You will cooperate promptly and completely with any reasonable request by Diabetes Africa or DiabetesAfrica.org related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish Diabetes Africa copyrighted material in any format, please contact: info@diabetesafrica.org.

Member-submitted content

Members of Diabetes Africa and other users of DiabetesAfrica.org may be able, as dictated by the functionality of DiabetesAfrica.org, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on DiabetesAfrica.org (“Member Content”). You are solely responsible for Member Content that you submit, and Diabetes Africa acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, Diabetes Africa reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.

By submitting or otherwise making available any Member Content to Diabetes Africa, you automatically grant Diabetes Africa and DiabetesAfrica.org a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, or transfer any such content, for any purpose for the sole benefit of Diabetes Africa (collectively, “use”), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Diabetes Africa uses such content. You also grant Daibetes Africa and DiabetesAfrica.org the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to DiabetesAfrica.org or to Diabetes Africa for any purpose whatsoever, including, without limitation, communications and marketing purposes. By submitting Member Content, you automatically warrant and represent to Diabetes Africa and DiabetesAfrica.org that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

Online conduct

Diabetes Africa encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user or member that infringes on another user or member’s right to use and enjoy DiabetesAfrica.org is prohibited. Diabetes Africa reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:

  1. Provide any information that is false, misleading or inaccurate.
  2. Use any portion of DiabetesAfrica.org for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
  3. Use any portion of DiabetesAfrica.org for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  4. Use any portion of DiabetesAfrica.org for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  5. Use any portion of DiabetesAfrica.org for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  6. Interfere with any other person’s use of or the proper functioning of DiabetesAfrica.org.
  7. Misrepresent your identity or impersonate any person.
  8. Hold yourself out as sponsored by, endorsed by, or affiliated with Diabetes Africa or DiabetesAfrica.org.
  9. Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Diabetes Africa or DiabetesAfrica.org in connection with DiabetesAfrica.org.
  10. Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from DiabetesAfrica.org.
  11. Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of DiabetesAfrica.org, any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.
  12. Take any action that: (i) imposes or may impose, in DiabetesAfrica.org’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of DiabetesAfrica.org; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of DiabetesAfrica.org.

    To register a complaint about another user or member’s conduct, please e-mail info@diabetesafrica.org.
Disclaimer

While Diabetes Africa strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Diabetes Africa warrant or guarantee that any files available for downloading will be free of defects. Neither Diabetes Africa nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in DiabetesAfrica.org.

The content, services, and features of DiabetesAfrica.org are subject to change without notice. The inclusion of any content, services, and features on DiabetesAfrica.org at a particular time does not imply or warrant that these products or services will be available at any time.

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of DiabetesAfrica.org and the accuracy and completeness of any information is with you.

Opinions, advice and all other information expressed on DiabetesAfrica forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual’s own views and are not necessarily those of Diabetes Africa. Diabetes Africa does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Diabetes Africa spokespersons.

Any investment decisions or other actions that users take based on information available on DiabetesAfrica.org should first be reviewed by a competent financial adviser or other professional. THE DiabetesAfrica.org SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

Limitation of liability

In no event will Diabetes Africa be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use DiabetesAfrica.org, or any information or services provided on DiabetesAfrica.org, even if Diabetes Africa has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on DiabetesAfrica.org. IN NO EVENT WILL DiabetesAfrica.org and Diabetes Africa’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED GBP 100.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will defend, indemnify, and hold harmless DiabetesAfrica.org and Diabetes Africa from: (i) your use of and access of DiabetesAfrica.org; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of DiabetesAfrica.org

Termination

We may terminate these Terms of Service, your account, or your access to DiabetesAfrica.org at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of DiabetesAfrica.org and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.

Jurisdiction

This agreement between Diabetes Africa and its users and members will be governed and interpreted under the laws of England and Wales. Courts located in England and Wales have jurisdiction in any dispute arising from these Terms of Service.

In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

Dispute resolution and arbitration

You and Diabetes Africa agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, DiabetesAfrica.org, any subscription and membership to Diabetes Africa or any other aspect of our relationship Subject Legal Claim.

In an attempt to find the quickest and most efficient resolution of our issues, you and Diabetes Africa agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: info@diabetesafrica.org. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Diabetes Africa agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration using LCIA Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

To help resolve any issues between us promptly and directly, you and Diabetes Africa agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Diabetes Africa also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in London, United Kingdom. 

Complete agreement

These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.

Force majeure

Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.

Ongoing subscriptions and cancellations

If you have subscribed to Diabetes Africa as a member, your subscription will continue in effect after your initial subscription term unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to our Terms of Service. You must cancel your subscription before it renews in order to avoid any additional charges. When applicable, we will bill the subscription period amount plus any applicable fees or taxes. If you cancel your subscription, any remaining monies on your account will be refunded. You can cancel your subscription by emailing: info@diabetesafrica.org.

Independent contractors

The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.

Contact us for information about these Terms of Service

If you have any questions about these terms of service, please contact the Administrator at Diabetes Africa, 1st Floor, North Westgate House Harlow, Essex. Or, email info@diabetesafrica.org.

If you have a question about anything else, please see our Contact us page (link at the bottom of this page).

Changes to these Terms of Service

If we decide to make changes to these Terms of Service, we will post the changes here. If the changes are significant, we may also choose to email all our registered users with the new details. 

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