Terms of Service

This contract is between you and Salpha Inc. (“Salpha”, “we”, “us”, or “our” as applicable), and covers all aspects of your use of our Services, which include the website, app and any other materials produced by Salpha. These terms apply in full force and when you create a Salpha Account, access our Services, or otherwise interact with us, you agree to be bound by this Agreement and agree to receive communication relating to the Services or your Salpha Account in electronic format. Additionally, you affirm that you are at least eighteen (18) years old and legally allowed to enter into this Agreement. You expressly accept all Terms and Conditions contained herein in full and without limitation or qualification, including our Privacy Policy. You must not use any of the Services if you have any objection to any of these terms.

It is essential that you read and understand all the terms of each of our policies as well as all the other agreements that are applicable to you. For certain Services, we may have additional terms and conditions that we will communicate to you through the Service or by other means, and these supplementary terms and conditions shall be included in this Agreement.

PURPOSE AND SCOPE OF AGREEMENT

This Terms of Service is an Agreement between you and Salpha. It sets forth the terms and conditions that shall govern the use of the Platform and the services. It details Salpha's obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as the provision of this Agreement will bind you through your use of this website or any of our services.

WARRANTIES AND REPRESENTATIONS

You represent and warrant to Salpha that:

  • You have the full power, authority, regulatory approval and corporate authorisation to enter into, execute, deliver and perform this Agreement.
  • You are duly organised, authorised and in good standing under the laws of any state, region or country of your organisation. You are duly authorised to do business in all other states, regions or countries in which your business operates.

INTELLECTUAL PROPERTY

Unless otherwise stated, Salpha and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Salpha website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Salpha and its affiliates and their licensors and licensees (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. This Content may not be copied, reverse-engineered, decompiled, disassembled, modified or reposted to other websites. Nothing on the Salpha site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Salpha website without the written permission of Salpha or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

CONFIDENTIAL INFORMATION

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party's services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations, or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information; (ii) not use the disclosing party's Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party's express prior written consent; (iii) disclose the disclosing party's Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party's internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

LIMITATION OF LIABILITY

OUR USE OF SALPHA'S SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: SALPHA WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER SALPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF ABOKI AFRICA'S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE OR ARISING FROM THE RESULT OF USE OF SALPHA'S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.