Please read the following terms of use relating to your use of the Megatrend Africa web site. By using this site, you are acknowledging and accepting these Terms of Use. Megatrend Africa (hereinafter, “Company”, “We”, “Our” or “Us”) reserve the right to modify these terms at any time, so please check this page periodically for changes. By using this site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these Terms of Use, please do not use this site.

Unless otherwise stated, Company owns or has licensed the intellectual property rights in the website and material and any other site that we do own and operate, or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use include all such Sites. These Terms of Use do NOT apply to your use of unaffiliated sites to which any of the Sites may link to or direct you to.

Please also read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

1. Contact Us

If you have any questions about these Terms of Use you may contact us at:

Megatrend Africa
P.O Box 24068 00100

Nairobi-Kenya

Telephone: +254 790 524 180

clientcare@megatrendafrica.com

2. Intellectual Property

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to do the following:

1. republish content or material from the Sites or purchased from the sites (including republication on another website);
2. sell, rent or sub-license material on or purchased from the Sites;
3. display any material on or purchased from the Sites in public;
4. reproduce, duplicate, copy or otherwise exploit material on or purchased from the Sites for a commercial purpose;
5. edit or otherwise modify any material on or purchased from the Sites;
6. or redistribute material from the Sites except for material or content specifically and expressly made available for redistribution.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. Where content is specifically made available for redistribution, it may only be redistributed within your organization unless otherwise noted.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us using the contact information listed in Section 1: Contact Us.

Any unauthorized use or distribution of our Site’s proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Company will pursue legal action and full damages if these terms are violated in order to protect its rights.

3. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

4. Acceptable Use of the Site

You must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.

You must not use our Site to transmit or send unsolicited commercial communications.

You must not use our Site for any purposes related to marketing without our express written consent.

5. Refund Policy

If your purchase one of our products, services, or events and find that you are not satisfied with your purchase for any reason, you can find the applicable refund policy on the order form when you place your order or contact us using the information in Section 1: Contact Us.

6. Third Party Links and References

These Terms of Use apply only to our Site, and not to the third party web sites of any other companies or organizations, including those that we may provide links to on our Site.

We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other web site, including those we link to.

You acknowledge that under no circumstances will Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with your use of any content, goods or services available on any other third party web site. Third party web sites may only link to our Site after they receive Company’s permission.

To seek our permission, you may contact us using the information provided in Section 1: Contact Us. We reserve the right to rescind any permission granted to you or any organization in which we have previously approved linking to our Site, and to require termination of any such link to any of the Sites, at our discretion at any time.

7. Submissions

We welcome your comments about our Site. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our events, seminars, trainings, or within our newsletters or products.

We hope you understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.

If, despite our request, you send us any idea, suggestion or material (“Submission”), the content of such a Submission shall become Company’s property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission.

In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

8. Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum.

You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libellous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law.

You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.

We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed.

You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation or recognition for any materials you may post on the Sites.

9. Restricted Access

Access to certain areas of our Sites are restricted. We reserve the right to restrict access to other areas of our Sites, or even entire web sites, at our discretion. We also reserve the right to discontinue or modify without notice or liability, any portion of our Sites.

If we provide you with / you generate a user ID and password to enable you to access restricted areas of our Sites or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our Sites arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our Sites, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

10. User Content

In these Terms of Use, “Your Content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our Sites, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

By submitting Your Content on the Sites, you warrant and represent that Your Content will comply with these Terms of Use.

Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to any of our Sites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our Sites, or stored on our servers, or hosted or published on our Sites.

Notwithstanding our rights under these Terms of Use in relation to Your Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Sites.

11. DISCLAIMER OF WARRANTIES

ALL INFORMATION, SERVICES, PRODUCTS, CLAIMS, SEMINAR TOPICS, AND MATERIALS INCLUDED IN OR AVAILABLE THROUGH OUR SITES (“THE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE SITES AND CONTENT OBTAINED THEREFROM IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES AND/OR THE CONTENT OBTAINED THEREFROM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. No Professional Advice Disclaimer

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.

In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. NEITHER COMPANY NOR OUR AGENTS OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH.

You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to hold us liable for any such decisions, actions or results, at any time, under any circumstances.

14. Earnings Disclaimer

When addressing financial matters on any of our Sites, emails, blog posts, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life and help you achieve your dreams.

However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings.

Your level of success in attaining similar results is dependent upon various factors including but not limited to: your effort level, the action you take, your skill, knowledge, ability, dedication, business savvy, network, financial situation, and awareness of opportunities that exist around you. Because these factors differ from one individual to the next, we cannot and do not guarantee your success, income level, or ability to earn revenue.

You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

15. Explicit Language & Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.

16. Indemnification

You hereby defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Sites.

17. Breach of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our Sites, prohibiting you from accessing our Sites, blocking computers using your IP address from accessing our Sites, contacting your internet service provider to request that they block your access to our Sites and/or bringing court proceedings against you.

18. Assignment

We may transfer, sub-contract, assign, or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

19. Severability and Integration

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Kenya.

21. Mandatory Arbitration

The parties agree that any dispute or claim in law or equity arising between them regarding the use of this website or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Kenya. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Kenya. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

22. Waiver of Class Action

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.