CrowdSourceAfrica Privacy Notice

Last updated: Jan 5, 2015

CrowdSourceAfrica Ltd knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting the CrowdSourceAfrica site, you are accepting the practices described in this Privacy Notice.

PLEASE NOTE THAT www.CrowdSourceAfrica.com IS A WHOLLY OWNED SUBSIDIARY OF CROWDSOURCE AFRICA LTD. IF YOU HAVE AN ACCOUNT ON CROWDSOURCE AFRICA AND CROWDSOURCEAFRICA.COM COOKIE, INFORMATION GATHERED BY CROWDSOURCEAFRICA.COM, AS DESCRIBED IN THIS PRIVACY NOTICE, MAY BE CORRELATED WITH ANY PERSONALLY IDENTIFIABLE INFORMATION THAT CROWDSOUREAFRICA.COM HAS AND USED BY CROWDSOURCEAFRICA TO IMPROVE THE SERVICES WE OFFER.

What Personal Information About Users Does CrowdsourceAfrica Gather?

The information we learn from users helps us personalize and continually improve your experience at the CrowdSourceAfrica site. Here are the types of information we gather.

  • Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. Specifically, to register with the CrowdSourceAfrica site, you must provide us your name, email and physical address. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing the site for you, improving our site, and communicating with you.
  • Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses the CrowdSourceAfrica site. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at CrowdSourceAfrica you to be aware that these tools exist.
  • E-mail Communications: By registering on the CrowdSourceAfrica site, you will receive emails or SMS’s from CrowdSourceAfrica and/or its Affiliates. As a CrowdSourceAfrica site participant, it may be necessary for us to communicate with you to provide essential operational updates, status reports, transaction information, notices in connection with your account and other information relevant to your participation and use of the Web site (collectively "Essential Communications"). You may not opt out of such Essential Communications, and you agree to receipt of Essential Communications via email or SMS and/or other communication methods provided by you in your account registration. If we send newsletters and other non- essential email communications, we will give you the opportunity to unsubscribe to them. To help us make e-mails more useful and interesting, we may receive a confirmation when you open email from CrowdSourceAfrica if your computer supports such capabilities.
  • Information from Other Sources: We might receive information about you from other sources and add it to our account information.

What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as personalization.
  • The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of the CrowdSourceAfrica site's features, and in order to participate, you must leave them turned on.

Does CrowdSourceAfrica Share the Information It Receives?

Information about our users is an important part of our business, and we are not in the business of selling it to others.

  • With Your Consent: By accepting the CrowdSourceAfrica terms of service Agreement, you expressly consent to our use of your information as outlined in this Privacy Notice.
  • Participants: As a requester or provider of services through the CrowdSourceAfrica site, we may share certain information in order to facilitate the service relationship and to improve the Web site. For example, account numbers, account names, feedback, ratings and other attributes relating to use of the service may be publicly displayed on the Web site. In addition, service requesters may require prospective service providers to disclose additional information about themselves as a condition to accepting services from those service providers.
  • Agents: We employ other companies and individuals to perform functions on our behalf. Examples include analyzing data, processing payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
  • Promotional Offers: We may send offers to selected groups of CrowdSourceAfrica users on behalf of other businesses. When we do this, we do not give that business your personal information. If you do not want to receive such offers, we will give you the opportunity to unsubscribe to them.
  • Business Transfers: As we continue to develop our business, we might sell or buy additional services or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the event that CrowdSourceAfrica or substantially all of its assets are acquired, user information will of course be one of the transferred assets.
  • Protection of CrowdSourceAfrica and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our terms and conditions and other agreements; or protect the rights, property, or safety of CrowdSourceAfrica, our users, or Clients. This includes (1) exchanging information with other companies and organizations for fraud protection and credit risk reduction; and (2) if you are a provider of a service on the CrowdSourceAfrica site, we will release your name and address only to requesters for whom you provide services so that those requestors can comply with tax and other legal obligations they might have. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Notice.

How Secure Is Information About Me?

  • We work to protect the security of your information during transmission by using Secure Socket Layer (SSL) software, which encrypts information you input.
  • It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

What Choices and Access Do I Have?

  • As discussed above, you can always choose not to provide information, even though it might be needed to take advantage of the CrowdSourceAfrica site.
  • You can add or update certain information, such as your e-mail address or account information by going to the "Your Account" feature of the Web site. When you update information, we usually keep a copy of the prior version for our records.
  • The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you will not be able to use the CrowdSourceAfrica site if you do not use cookies.
  • To explore products that offer anonymous browsing. In addition, the Federal Trade Commission provides useful information about online privacy on its own Web site.

Children

Use of CrowdSourceAfrica site is limited to persons and entities that lawfully can enter into and form contracts under applicable law. It is not intended for use by minors.

Terms and Conditions Agreement, Notices, and Revisions

If you choose to visit CrowdSourceAfrica, your visit and any dispute over privacy is subject to this Privacy Notice and our Terms and Conditions Agreement including limitations on damages, arbitration of disputes, and application of the law of Kenya. If you have any concern about privacy at CrowdSourceAfrica, please info[at]crowdsourceafrica.com with a thorough description, and we will try to resolve it.

Our business changes constantly, and our Privacy Notice and the Terms and Conditions Agreement will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of user information collected in the past without the consent of affected users.

Related Practices and Information

  • Information You Give Us:
    You provide most such information when you register, list, search, post, or communicate with us. For example, you provide information when you search for a service; provide information in our registration form; or list a service you'd like to purchase or provide. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; services you request; services you provide; services you review; drivers license; KRA Pin Number, social security number; bank account information and other personally identifiable information.
  • Automatic Information
    Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and pages you viewed or searched for.

CrowdSource Africa Terms and Conditions and Participation Agreement

Last updated: January 9, 2015

Welcome to the CrowdSource Africa services platform.

BY REGISTERING OR, SUBSCRIBING AND USING THE SITE, YOU CERTIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF OR THE COMPANY YOU REPRESENT; (3) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF SERVICE DESCRIBED IN SECTION 4 AND ALL APPLICABLE POLICIES, PROCEDURES AND GUIDELINES. This Participation Agreement (the "Agreement") is between you and CrowdSource Africa (as defined below) and governs you and CrowdSource Africa respective rights and obligations with respect to your offering for timely/latest Premium rated Crowdsourcing and work from home content and opportunities, requesting, purchasing, and/or providing Services (defined below) on or through the Site (as defined below).

For purposes of this Agreement,
(a) "CrowdSource Africa ", "we", "us" or "our" means CrowdSource Africa, LTD. a Kenyan Corporation,
(b) "Site" CrowdSource Africa web site located at www.crowdsourceafrica.com, and any successor website thereto, including all services provided by us to you through the service platform on the Site, (c) "Services" means any service that you sell, offer to sell, request, purchase, and/or provide on or through the Site,
(d) "Affiliate" means any entity controlled by, in control of, or under common control with CrowdSource Africa, (e) "Requester" means you, if you use the Site to request that a Provider perform Services, (f) "Subscriber" means you, if you use the Site to perform Services for a Requester,
(g) "CrowdSource Africa Account" means any customer account that you have established with a website owned or controlled by Requester that was Advertised/published by CrowdSource Africa via CrowdSource Africa Web site or its Affiliates, or operated by CrowdSource Africa or its Affiliates on behalf of third parties, including without limitation those websites.

This Agreement consists of the terms and conditions set forth in this document together with all applicable policies, procedures and/or guidelines that appear on the Site from time to time (collectively, the "Policies" which are hereby incorporated by this reference into, and made part of, this Agreement). CrowdSource Africa reserves the right to change any of the terms and conditions contained in this Agreement and/or any Policies governing the Site, at any time, in its sole discretion. Any changes will be effective upon posting of the Agreement or Policies on the Site and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Policies. YOUR CONTINUED USE OF THE SITE FOLLOWING CROWDSOURCE AFRICA POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE SITE.

1. Registration.

  • a. Registration. When you register with the Site, you will be asked to provide us with, at a minimum, your name, a valid email address, your phone number, Country of origin. By activating your registration you accept all the terms and conditions of this agreement. You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way. When registering or updating your information, you will not impersonate any person or use a name that you are not legally authorized to use.

    You may register with the Site either by (i) using your existing CrowdSource Africa Account or (ii) creating a new CrowdSource Africa Account. If you do not have an existing CrowdSource Africa Account at the time you register with the Site, an CrowdSource Africa Account on the www.crowdsourceafrica.com website located at https://crowdsourceafrica.com/auth/public/register (hereinafter, "CrowdSource Africa") will be automatically and concurrently established in your name with the same e-mail address and password you provide to us. CrowdSource Africa Accounts used in conjunction with the Site are governed by the Conditions of use. You may not use multiple CrowdSource Africa Accounts to register with our Requester Site. Your CrowdSource Africa Account username must not suggest affiliation with CrowdSource Africa, or any third party unless that third party specifically gave you permission to do so.
  • b. Passwords and Account Use. You are solely responsible for maintaining the secrecy and security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password. You may not permit any other person to perform Services as Provider using your CrowdSource Africa Account. Additionally, if you are using the Site as a Provider, you may not use different Crowdsource Africa Accounts to perform Services.

2. CrowdSource Africa’s Role. CrowdSource Africa website/web app provides a venue for third-party Requesters and third-party subscribers to enter into and complete transactions. CrowdSource Africa and its Affiliates are not involved in the transactions between Requesters and Subscriber. As a result, we have no control over the quality, safety or legality of the Services, the ability of Providers to provide the Services to Requesters' satisfaction, or the ability of Requesters to pay for Services. We are not responsible for the actions of any Requester or Subscriber. We do not conduct any screening or other verification with respect to Requesters or subscriber, nor do we provide any recommendations. As a Requester or a Provider, you use the Site at your own risk.

3. Your Use of the Site

  • a. Requesters in General. Upon completion of Services to Requesters' reasonable satisfaction, Requesters must pay Providers for their Services. As a Requester, you agree that upon your approval of the Services performed by a Provider, payment will be remitted to the Subscriber automatically (as described in Section 4 below). After you have approved the applicable Services, you are not entitled to any refund of your payment for such Services. If a Requester is not reasonably satisfied with the Services, the Requester may reject the Services. As a Requester, you will be charged a fee for your use of CrowdSource Africa in connection with each request for Services. Please review the applicable CrowdSource Africa Fees contained in the Policies for all applicable fees associated with your use of the Site pursuant to this Agreement. All fees are in U.S. dollars and Kenya Shillings unless stated otherwise. The CrowdSource Africa Fees may vary in the future. You agree to pay the amounts set forth in the CrowdSource Africa Fees from time to time on the terms set forth herein and therein, and to check the fees and terms each time you use the Site. You acknowledge that, while Subscribers are agreeing to perform Services for you as independent contractors and not CrowdSource Africa employees, and as an independent contractor the subscriber is responsible for their own tax returns and obligations. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 6, you should seek independent legal advice. To the extent you receive any contact or personal information regarding any Provider who has performed Services for you, such information may only be used as necessary for you to comply with applicable laws and for no other purpose whatsoever. Further, you agree that you will only accept work product from Providers that has been submitted through the Site.
  • b. Subscriber in General. You may only register once with CrowdSource Africa as a Subscriber. Subscriber may perform Services for any Requester in accordance with the specifications submitted by the Requester. However, if the Services do not meet the Requester's reasonable satisfaction, the Requester may reject the Services and repost the specific request. As a Subscriber, the Requester for whom you provide Services is your client, and as such, you agree that the work product of any Services you perform is deemed a "work made for hire" for the benefit of the Requester, and all ownership rights, including worldwide intellectual property rights, will vest with the Requester immediately upon your performance of the Service. To the extent any such rights do not vest in Requester under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to Requester. As a subscriber you are performing Services for a Requester in your personal capacity as an independent contractor and not as an employee of the Requester or Crowdsource Africa. You specifically acknowledge and agree to the following: (i) you will not use robots, scripts or other automated methods to complete the Services; (ii) you will submit all work product through the requesters Site only
    (iii) Access to Crowdsource Africa’s premium rated content is strictly by subscription either by Premium rated SMS subscribed via short code 21219 charging Kshs.35 per SMS or 160 characters. Second option of Subscription is via PayPal charging USD $5.32 for every 30 days a user remains subscribed in CrowdSourceAfrica.
  • c. Listing and Promotions Generally. As a Requester or Subscriber, you may not sell, offer for sale, request, purchase, or provide any Service that violates applicable law or is prohibited by the Policies. Notwithstanding any provision of this Agreement, CrowdSource Africa will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and/ or any page thereof and any element, aspect, portion or feature thereof, from time to time).
  • d. Information and Feedback. You must supply accurate and complete information for all Services in accordance with our data requirements, as may be designated by us from time to time, including in the Policies. You recognize and agree that CrowdSource Africa will implement mechanisms allowing us and others to track your requests for, or your performance of, Services and rate your performance as a Requester or subscriber, and CrowdSource Africa reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, "Materials") is at your own risk, and that none of CrowdSource Africa, its Affiliates, Requesters or subscriber has any obligations (including without limitation obligations of confidentiality) with respect to such Materials. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to CrowdSource Africa and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non- commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site. For avoidance of doubt, if you are a Requester, if you create any tests, specifications, criteria lists or other programs for use on the Site to evaluate or otherwise select Providers they will be considered Materials for purposes of this Agreement and may be used and/or referenced by us or other Requesters and subscriber pursuant to the license granted above.
  • e. Customer Service. CrowdSource Africa will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Site and its features, both Subscribers and requesters may contact customer care 24hours a day by calling 0900620105.
  • f. Disputes between Requesters and Subscriber. Your use of the Site is at your own risk. Because CrowdSource Africa is not involved in the actual transaction between subscriber and Requesters, CrowdSource Africa will not be involved in resolving any disputes between participants related to or arising out of the Services or any transaction.

4. Payment Service. All payments are made by Requesters to subscriber directly via Direct wire transfer or Paypal or any e-currency channel exclusively at the Requesters discration. (the "Payment Service"). Crowdsource Africa does not handle any payments on behalf of the subscriber or requester.

5. Compliance with Laws.

  • a. Taxes. You the Subscriber agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of Services, or your use of the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives ("Taxes") and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. YOU ALSO AGREE THAT CROWDSOURCE AFRICA AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.
  • b. Registrations You agree that is your responsibility to determine whether and to what extent any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which you have requested or are performing Services ("Permits"). YOU ALSO AGREE THAT CROWDSOURCE AFRICA AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION.
  • c. Compliance with Laws; The Site may be used only for lawful purposes and in a lawful manner. You may not use the Site in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Services.
  • d. Investigation. CrowdSource Africa has the right, but not the obligation, to monitor any activity, content and Materials associated with the Site. CrowdSource Africa may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate.

6. Disclosure of Information; Confidentiality; Privacy

  • a. Our Use of Data and Communications. Our Privacy Notice and this Agreement describe our collection, use, and disclosure of information associated with the Site, including how we handle personal information. In addition to the disclosures described in our Privacy Notice, we may disclose to Requesters your name, address, data on HITs you have completed, and Provider Tax Information. means tax identification information of Providers, such as a PIN Number or Employer Identification Number TO THE RELEVANT TAX AUTHORITIES. You hereby consent to our use and disclosure of Provider Tax Information and other data as described in this Section 6 and our Privacy Notice.
  • b. Your Use of Data and Communications. You may use information or other data acquired from your use of the Site solely to the extent necessary for you to use the Site and for no other purpose, including but not limited to, for purposes of solicitation, advertising, marketing, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.
  • c. Press Releases and Public Disclosures. You may generally publicize your use of the Site, however you may not issue any press release with respect to CrowdSource Africa or the Site, without CrowdSource Africa express prior written consent.

7. No Warranties. THE SITE, THE SITE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CROWDSOURCE AFRICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • a. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
  • b. THAT THE SITE, OR THE SITE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY;
  • c. THAT THE INFORMATION, PREMIUM RATED CONTENT, OR MATERIALS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY REQUESTERS OR PROVIDERS, THAT THE SERVICES ARE LAWFUL, OR THAT REQUESTERS OR PROVIDERS WILL PERFORM AS PROMISED; OR
  • d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8. General Release. BECAUSE CROWDSOURCE AFRICA IS NOT INVOLVED IN TRANSACTIONS BETWEEN REQUESTERS AND SUBSCRIBER OR OTHER PARTICIPANT DEALINGS, YOU HEREBY RELEASE CROWDSOURCE AFRICA AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE REQUESTERS, PROVIDERS, OR OTHER USERS OF THE SITE.

9. Indemnity; Limitation of Liability.

  • a. Indemnity and Defense. You will indemnify and hold harmless CrowdSource Africa and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity ("Claim") that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Site.
  • b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CROWDSOURCE AFRICA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SUBSCRIPTION SERVICE, THE SITE SERVICES, THE INABILITY TO USE THE SITE SERVICES, OR ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CROWDSOURCE AFRICA OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY CROWDSOURCE AFRICA IN CONNECTION WITH YOUR REQUEST FOR, OR YOUR PERFORMANCE OF, SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

10. Applicable Law; Arbitration. The Site is arranged, sponsored, and managed by CrowdSource Africa in the state of Kenya. The laws of Kenya govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Nairobi, Kenya, except that, to the extent you have in any manner violated or threatened to violate CROWDSOURCE AFRICA intellectual property rights, CrowdSource Africa may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Kenyan Arbitration Association or Similar local entity. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

11. Termination. You may at any time elect to stop using the Site, provided that in discontinuing any Site activities, you must use CrowdSource Africa standard functionality sent via SMS through our mobile service providers to unsubscribe by following the instructions sent via SMS during the account activation process, For all users that subscribed to CrowdsourceAfrica using PayPal my unsubscribe by cancelling the subscription by logging into the specific paypal account used to Activate the CrowdsourceAfrica login account to cancel the subscription and further must abide by all applicable Crowdsource Africa Policies, Procedures and Guidelines. CrowdSource Africa, in its sole discretion, may terminate this Agreement, suspend access to the Site, or remove any Service listings immediately without notice for any reason.

12. General Provisions

  • a. Entire Agreement. This Agreement and the general terms and conditions of the Site, including the Policies, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence or other document.
  • b. Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time, without notice. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns.
  • c. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  • d. No Waiver. We will not be considered to have waived any of our rights or remedies, or portion thereof, unless the waiver is in writing and signed by us. CrowdSource Africa failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CrowdSource Africa right to subsequently enforce such provision or any other provisions of this Agreement.
  • e. Notices. All notices relating to this Agreement (including the Payment Service) will be sent by e-mail or will be posted on the Site. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us at our current e-mail address published on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.

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