Terms of Service – Talent Africa Group

Terms and Conditions

(Effective as of 11^thAugust 2020)

1. Important Notice
(1) This application is operated by Talent Africa Group. Throughout the application, the terms “we”, “us” and “our” refer to Talent Africa. Talent Africa offers this application, including all information, tools and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
(2) Please read our terms and conditions carefully before accessing or using any of our computerized services and application (including but not limited to www.talentafricagroup.com or the Talent Africa Group mobile application via iPhone or Smartphone Application).
(3) These terms and conditions contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out here so you should pay particular attention to them since they limit your ability to recover losses that you may incur in connection with your use of our application and services.
(4) By accessing or using any part of the application, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
(5) By visiting our application and/ or purchasing something from us, you engage in a “Service” and agree to be bound by the terms and conditions stated herein. These terms and conditions apply to all users of the application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
(6) If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these terms and conditions prior to you using any of our services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
(7) We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our application. Such changes will take effect as and when published. Therefore, please keep up-to-date with their content and read these terms and conditions at all times prior to using our services since the current version of the terms will apply to your use.
(8) Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms and conditions.
(9) We processes Payment Transactions on behalf of Merchants. Talent Africa is not a bank or other chartered depository institution.
(10) Should you have any questions regarding these terms and conditions, please e-mail us at app@talentafricagroup.com.

2. Definitions
In these terms and conditions:
• We, us and our means Talent Africa Group (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates).
• You, Customer and Merchant means the user of our services; an individual, organization or company that applies to, or registers to use, or uses the application to sell, buy and/or have payments processed by us for their customers.
• Product: Any merchandise, good or service that is listed for sale that a customer may pay for using the application.
• Payment transaction: The processing of a payment using our application that results in the debiting or charging of the Purchase Amount to a customer.
• Purchase amount: The amount of a Payment Transaction to pay for a Product, and any related fees or taxes as applicable.
• Transaction Fees: The levy charged to the merchant for any product transacted through the application.

3. General conditions for use

(1) You are solely responsible for any and all fees that may apply to your communications with our application.

(2) You may not access or use our application for any purpose other than utilizing the services offered via such application in the normal and lawful manner. You may not access our application for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to our application in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access our application for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of our application by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of our application. You may not post or transfer any material to our application that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may delete any material you have submitted to our application and/or suspend your access to any part of our application at any time without notice.

(3) We reserve the right to monitor, edit, control or filter the content submitted to our application by our customers. Such content may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it technical, medical, legal, financial or otherwise. Please notify us via e-mail at app@talentafricagroup.com if you have a complaint about the activities of or content submitted by a user of our application.
(4) Apart from events organised and managed by Talent Africa Group, we do not distribute or endorse any products, services or events posted, promoted and/or listed on our application or made available via our services and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
(5) Notwithstanding that our application may enable access to third party systems and that some third party systems may enable access to our application we do not control, endorse or approve the activities or content made available via any such third party systems. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please contact the relevant system proprietor if you have a complaint about the activities or content made available via a third party system.
(6) Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in our application and the content thereof belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit to our application will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
(7) The downloading and use of data from our application is done at your sole discretion. You should independently verify the completeness and reliability of the information obtained from our application. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
(8) Access to our application and services is provided to you free of charge. Reliance on and use of our application, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of our application or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
(9) We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our application. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our services.

(10) We also reserve the right, without notice and in our sole and absolute discretion, to make changes to these terms and conditions. It is your responsibility to review our terms and conditions on each occasion prior to making use of our services. If you continue to use our application and services after our amended terms and conditions has been published, it will constitute a deemed acceptance of such amended terms and conditions.
(11) You will be required to choose a user name and a password when registering with us or using our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.
(12) We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy.
(13) We have to protect our business and secure our application. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive from our application and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

4. Registration requirements
In order to use our application, you hereby consent to provide and agree to complete all required information elements on the registration pages. After registration, you will be given a special access code to manage your events if you are an event organiser / promoter. Upon receiving the code, you can then provide details on where the money can be sent, whether phone number or bank account or check.
You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of our application, or to assist in determining whether to permit you to continue to use our application. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Merchants, you represent that you are:
(a) You are over 18 (eighteen) years and of full legal capacity;
(b) You are capable of entering into a legally binding agreement.

5. Ticket Purchasing Terms
(a) All ticket prices for events that occur in the Republic of Uganda are stated in Uganda Shillings (UGX). If you are making use of our service from outside Uganda, you are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider in addition to the advertised price of the ticket.

(b) We act as an agent for the providers, promoters and organizers of events (“Event Organisers”). We sell tickets to you and collect payment from you on behalf of such Event Organisers. Each ticket that you purchase from us is subject to these terms and conditions as well as the Event Organiser’s terms and conditions applicable to the particular event (“the Ticket Terms”). Such Ticket Terms may be referred to or set out on the relevant ticket or may otherwise be made available to you on our application. Each ticket that you purchase from us is intended to be a revocable license to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.

(c) These terms and conditions apply only to the processes described herein. Your rights under the ticket issued to you are enforceable against the Event Organiser only and are regulated by the Ticket Terms. It is your responsibility to familiarize yourself with the relevant Ticket Terms before submitting a booking request.

6. Booking process
(a) To book tickets with us, you will be required to complete the prescribed booking form. You must be over the age of 18 and able to conclude binding contracts to submit a booking to us or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a booking to us. If you do not comply with the aforesaid you may not submit any booking for tickets via our application. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian prior to accepting any booking from you.

(b) You may submit booking requests for tickets to us by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request. Please make sure that the booking details are correct before submitting the booking request, since it is unlikely that any mistake you make can be rectified later. We may limit your booking to a specified number of persons to discourage unfair booking practices.
(c) Once submitted, your booking request will constitute an offer on the terms and conditions contained herein and the Ticket Terms that is open for acceptance by us to conclude a binding agreement with you. It is your responsibility to review such Ticket Terms before making a booking. Following receipt of your booking request, we will send you a confirmation notice confirming acceptance or rejection of your booking request containing the relevant booking number.
(d) A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your booking, or (ii) our delivery of the tickets ordered in accordance with these terms. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may refuse to sell you tickets to events for which you do not meet the specified qualification criteria, including if you do not comply with the minimum age for the particular event stipulated by law or if the number of persons in your booking exceeds any applicable limit specified for the relevant event.
(e) Please note that while we will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
(f) If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. We will not be liable for any losses you may incur if you assume that a booking was not processed because you failed to receive our confirmation notice.
(g) The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
(h) These terms and conditions shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the booking of tickets.
(i) We will retain records of ticket purchases made by you and you will be able to access outstanding booking requests with us. Such records may be archived at any time as from six months after your purchase and will then become inaccessible to you. For information on archived records you can contact us.
(j) If any problems arise in respect of delivery or the handling of your ticket purchases please email us at app@talentafricagroup.com.

7. Description and pricing
(a) The details of the events (including the details of the relevant Event Organiser, venues and seating arrangements) for which tickets are offered will be as described on our application. Such descriptions are provided to us by the relevant Event Organisers. Apart from events organised and managed by Talent Africa Group, we do not endorse any other events and we cannot determine or control delivery, ticket prices or availability in respect of such events and can therefore not accept responsibility for any inaccuracy, unavailability or changes in pricing that may occur. Apart from events organised and managed by Talent Africa Group, we are also not responsible for securing any venues, granting you admission to any venue or for the security or seating arrangements for any venue, or for the scheduling, timely delivery, suitability or quality of performances, venues or the seating arrangements. Please contact the relevant event organiser if you are dissatisfied with any of the aforesaid.

(b) The supply of tickets offered to you depends upon the availability thereof. We may without prior notice change the price, change or discontinue the availability or change the description of venues, seating arrangements or events for which tickets are made available. Special promotions may be subject to certain additional terms and conditions.
(c) Unless otherwise stated, all ticket prices displayed will be in Uganda Shillings (UGX). All prices indicated as applying to tickets will be exclusive of transaction fees. You are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider in addition to the advertised price of the ticket.
(d) All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable.

8. Payment processing for Non Merchant Customers
(a) You will be required to provide the necessary payment details when submitting your booking request. By submitting a booking request to us, you authorise us to debit your designated account with the relevant amounts due for the tickets ordered. Such authorization will allow us to obtain payment at any time after our confirmation of your booking. We will not be obliged to issue any tickets to you prior to receiving full payment of the full agreed amount payable in respect of such tickets. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you.

9. Payment processing for Merchants
We allow merchants to upload products, tickets or digital content on to the application and facilitate the processing of Payment Transactions to complete a payment for a purchase between the Merchant and a Customer.
We will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, these terms and conditions for Merchants, or other applicable Talent Africa policies, as determined in our sole and absolute discretion.
The merchant authorizes us to charge or debit to their account all charges necessary to complete processing of a payment transaction by a customer.
You acknowledge and agree that your purchases of products are transactions between you and the customer, and not with Talent Africa.
Talent Africa is not party to the merchant’s purchase of products, and we are not a merchant or a customer in connection with any payment transaction, unless expressly designated as such in the listing of the product on our application.
You agree to protect Talent Africa from any fraudulent activity and ensure customer security.

10. Ticket Delivery
You are required to adhere to our delivery verification system. Unfulfilled / unverified deliveries will be deemed incomplete and result in delay of payment remittance until verified.
Once a ticket payment has been confirmed, you will be provided with electronic tickets containing unique identification numbers, barcodes and/or access codes. You are responsible for keeping such identification numbers, barcodes and/or access codes secure since such identification numbers, barcodes and/or access codes will enable the first user thereof access to the relevant event and only a single use thereof will be permitted.
The following ticket options are available based on your preference. You can:
• Download your electronic ticket or
• Print your ticket at home

11. Ticket Resale
Reselling of tickets purchased from us is strictly prohibited. Any resale of tickets purchased from us (or attempt) will entitle us to cancel such tickets and to resell them to other customers. No ticket purchased from us may be used for advertising, promotion or competition purposes unless formal written authorization has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly authorised by us.

12. Lost, Stolen and Destroyed Tickets
Only the first person using the electronic ticket, using the unique identification numbers, barcodes and/or access codes provided with such electronic ticket, will be permitted access to an event. Risk for loss and damage to the tickets shall pass to you upon your receipt thereof. Tickets that have been lost, stolen or destroyed will not be refunded or replaced for any reason.

13. Cancellations, Refunds and Exchanges
(a) Apart from cancelled or postponed events, we don’t offer cancellations, refunds or exchanges for tickets that have been purchased and issued. Once a ticket has been purchased and issued, it has to be used. There is no refund policy after transactions are completed using any and all our application.
(b) Should an event be cancelled or postponed, we will provide a notice on our application and inform you of the relevant refund or exchange procedures for that event. In order to receive any refund or an exchange that is offered, you will have to comply with the Event Organiser’s instructions and deadlines.
(c) If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
(d) Event Organisers may refuse admission to events, alter the program or seating arrangements for events, or even postpone or cancel events in certain circumstances. In such case, the Event Organiser may offer a refund or exchange of tickets for which you may be required to follow certain procedures specified by the Event Organiser. No refund will apply if you are refused admission to the event because you are younger than the minimum age for attendance specified by law or you otherwise fail to qualify for attendance.

14. Limitation on the use of service
We reserve the right to change, suspend or discontinue any aspect of Talent Africa at any time, including hours of operation or availability of our application or any feature, without notice and without liability. We also reserve the right to impose limits on certain features or restrict access to parts of the application without notice and without liability.
We do not warrant that the functions contained in the application will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions).
We may limit or suspend your use of our application at any time, in our sole and absolute discretion. If we suspend your use of our application, we will attempt to notify you by your registered electronic mail in your account.

15. Security
(a) We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. However, we do not guarantee the absolute security of any information you transmit to us or that is transmitted to you or any other person.(b) Attendance at an event may be hazardous to the health or safety of the attendees or their property. You attend events at your own risk. We are not responsible for your security or the security of your property in attending any event.
(c) You accept that you will be personally liable for all transactions concluded on your account. You are required to maintain the confidentiality of your account on our application. You are also required to maintain the confidentiality of all your transactions on our application. We are not liable for any and all consequences of use or misuse of your account on our application. You agree to notify us immediately of any unauthorised use of your account or any breach of security of our application of which you have knowledge.

16. Warranties and Liability
(a) Although we try to ensure that the particulars of the events that appear on our application are displayed and described completely and accurately, we do not warrant same and disclaim to the maximum extent permitted by applicable law any liability arising from any omissions and inaccuracies pertaining to such display and description save to the extent that such liability is caused by our gross negligence or fraud.

(b) We will not be liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with any booking (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.

(c) In no event will our aggregate liability for all claims arising in connection with any booking exceed the ticket price actually received from you in respect of such booking, irrespective of the cause of action (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.

17. Competitions(a) Unless expressly stated otherwise these terms will apply to all competitions published on our application. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on our application. The competition offer will set out at least the following:• The prizes on offer.
• The steps required to participate.
• The basis for determining the winners.
• The closing date.
• How the winners will be made known.
• Where, when and from whom prizes are to be claimed.
• The address of the web pages where the competition rules and these terms can be obtained.(b) All competitions offered will be open to residents of the Republic of Uganda only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.(c) Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, as well as any immediate family members of any of the aforesaid are prohibited from entering any competitions offered by us.
(d) The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries
(e) We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
(f) Any entrant may be required to submit proof of age. If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
(g) The judge’s decision will be final. We will not enter into correspondence.
(h) All entrants’ information will be used only in accordance with our Privacy Policy.
(i) Where entry by SMS is applicable, SMSs are charged. Standard rates apply.
(j) Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
(k) We reserve the right not to award a prize in any situation where it would be unlawful to do so.
(l) Multiple winners may be subject to a tie-break to decide an outright winner.
(m) We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
(n) Your name and place of residence may be published when winners are announced.
(o) Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
(p) No cash alternative is available to any prize unless expressly stated otherwise.
(q) Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
(s) If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
(t) Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
(u) We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
(v) You enter our competitions at your own discretion and risk. We, our affiliates, competition partner/s and their respective shareholders, employees, officers and representatives shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition, save to the extent that such liability may not be excluded under applicable law.

18. Termination of service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of our application for any reason at any time without notice, including without limitation inactivity or violation of these terms and conditions or other policies we may establish from time to time.
Upon termination of your use of our application, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to our application, including without limitation by deactivating your account and to refuse future access to our application by you.

19. Complaints, Governing Law and Severability(a) We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email us at app@talentafricagroup.com. We will try our very best to resolve any problems that arise. We require that you provide us with the following information as part of your complaint:
- • Your full names, physical address, telephone number and email address.
  • The location and description of the service feature or transaction which is the cause of your complaint.
  • The problem with the service or transaction or rights that you allege to be infringed by such feature or component.
  • The actions you would like us to take to remedy the problem.
  • A statement confirming that you are making the complaint in good faith.
  • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct.
  • Please incorporate your signature into the complaint.
(b) Use of our application and services are subject to the laws of the Republic of Uganda, and subject to the jurisdiction of any Ugandan Magistrate’s Court of competent jurisdiction in respect of your person to adjudicate on any dispute arising from or in connection with these terms and conditions notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us.
(c) These terms and conditions incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of our application, the services offered and any products and services acquired through our application. These terms and conditions shall override any contrary terms and conditions incorporated by you in your communications with us and any such conflicting terms and conditions will not form part of the agreement concluded between us.
(d) Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
(e) You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
(f) We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

20. Force Majeure
We shall not be liable to any customer in the event of any disruption of Talent Africa business operations or our application or any part thereof resulting from Force Majeure. Force Majeure for purposes of these terms and conditions means any situation or event that makes it impossible for us to perform our obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of our application caused by disruption or suspension of the telecommunication facilities.

21. Prohibited Uses
In addition to other prohibitions as set forth herein, you are prohibited from using our application or its content:
a. For any unlawful purpose.
b. To solicit others to perform or participate in any unlawful acts.
c. To violate any international, national regulations, rules, laws, or local ordinances.
d. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
e. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
f. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the application or of any related application(s) or the Internet.
g. To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.
h. For any obscene or immoral purpose or to interfere with the security features of the application or of any related application(s) or the Internet.
i. We reserve the right to terminate your use of our application and services for violating any of the prohibited uses.

22. Contact Us:
If you have any questions or comments about our terms and conditions please send us an email at app@talentafricagroup.com
By agreeing to these terms and conditions, you represent that you are above 18 years of age, of legal capacity and are capable of entering into a legally binding agreement.

(Effective as of 11^thAugust 2020)