Terms & Conditions (Portal)
- GENERAL TERMS
- 1. Acceptance
By clicking “Register”, “Join Now”, “Confirm” or similar you are agreeing to enter into a legally binding contract with Sand Tech Holdings Limited (“Sand“) a private company incorporated in Mauritius (d.b.a. , The ALX Fellowship, alx or any other affiliated brand), even if you are using our Services (described below) on behalf of a company or third person.
1.1. 1 A. If you do not agree to this contract (the “Contract” or “User Agreement”), do not click “Register”, “Join Now”, “Confirm” (or similar) and do not access or otherwise use any of our Services.
1.1.2 This Contract applies to all users of our Services (described below). Registered users of our Services are “Clients” and unregistered users are “Visitors”.
1.1.3 If you wish to terminate this Contract, at any time you can do so by emailing [email protected] with [email protected] in copy, closing your account and no longer accessing or using our Services.
1. 2. Our Services
1.2.1. Users of the Services
a. This Contract applies to alxafrica.com, The ALX Fellowship, ALX Ventures and any other related or branded sites, apps, communications and other services that are offered by Sand and any of our physical or digital brands. (the “Services”).
b. This Contract applies to Clients and Visitors (“Users”) of Sand and the Services.
c. You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
d. Using our Services as a Visitor or a Client during and after participation in any of Sand programs is subject to compliance compliance with the terms of this contract and to our policies, including our Privacy Policy, Code of Conduct, Community Guidelines for online spaces and in-person spaces. (the “Policies”).
1.2.2 Changes to the Services.
a. We may update these terms and/or modify this Contract or any of our Policies from time to time. Sand reserves the right to upgrade, update or discontinue any aspect or feature of a Service in whole or in part. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you with the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive.
b. If you object to any changes, you may close your account and cease to use our Services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
2. OBLIGATIONS
2.1. Service Eligibility
2 .1 .1 To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one account, which must be in your real name; and (3) you are not already restricted by us from using the Services.
2.2.2 Creating an account with false information is a violation of this Contract, including accounts registered on behalf of others or persons under the age of 16.
2.1.3 “Minimum Age” means 16 years old. However, if the law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age as prescribed by law.
2.2. Conduct
As a User of our services/member of the community, you agree to:
2. 2.1 Code of Conduct
a. Familiarize yourself with the Code of Conduct, and all the other correlated documents and make sure you adhere to it.
b. Uphold the community guidelines communicated to you.
c. Use your time with Sand to engage in activities that match the organization’s learning objectives and values.
d. Engage with the online and physical communities of Sand in a manner that edifies the communities themselves.
e. Reach out to Sand staff in charge of enforcing the present Code of Conduct and Guidelines if you have any questions or doubts as soon as they arise. Don’t let things escalate.
f. Report any suspected inappropriate behavior/comment by following the steps highlighted in the Code of Conduct.
2.2.2. Logo/Brand
a. Not use our logo or brand name in a way that implies endorsement or organizational partnership without our prior written permission. You may use our logo or brand name only to associate yourself with Sand brands under an educational lens and in a way that accurately represents your association to Sand and in compliance with our brand guidelines but must include a disclaimer that states that your use of our logo or brand name does not imply endorsement or partnership.
b. Not modify, alter, or distort our logo or brand name in any way.
c. Not use our logo or brand name in a way that is offensive, misleading, or detrimental to our reputation or violates any laws, regulations, or ethical standards.
d. Comply with any requests we make regarding the use of our logo or brand name; in particular, you agree to remove content that is not deemed appropriate by Sand
2.2.3 You agree that you will not:
2.3.1. Create a false identity, misrepresent your identity, create a Client profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2.3.2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
2.3.3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
2.3.4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
2.3.5. Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
2.3.6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
2.3.7. Violate the intellectual property or other rights of Sand, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the brand “The Room” or our logos in any business name, email, or URL except as provided in our Brand Policy;
2.3.8. Post anything that contains software viruses, worms, or any other harmful code;
2.3.9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open-source;
2.3.10. Imply or state that you are affiliated with or endorsed by SAND and without our express consent;
2.3.11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
2.3.12. Deep-link to our Services for any purpose other than to promote your profile on our Services, without our consent;
2.3.13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
2.3.14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
2.3.15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
2.3.16. Overlay or otherwise modify the Services or their appearance;
2.3.17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
2.3.18. Violate the terms and conditions of any of our Services.
2.4 Your Account
2.1.4 Clients are account holders.
2.4.2 You agree to (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections), (3) provide accurate information to us and keep it updated, (4) use your real name on your profile, (5) use the Services in a professional manner and (6) comply with the law, the terms of this Contract and the Policies.
2.4.3 You are responsible for anything that happens through your account unless you close it or report misuse or breach.
2.4.4 As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of the Service; however, they do not have rights to your personal account.
2. 5 Payments
2.5.1. If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to Premium Services.
2.5.2. Failure to pay these fees will result in the termination of your Premium Services.
2.5.3. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
2.5.4. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Premium Services and to use to pay other Services you may buy.
2.5.5. If you purchase a Premium Service, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period.
2.5.6. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.5.7. Payments are non-refundable, including fees and other charges.
2.5.8. You will receive the invoice for any payments made by email, app or other similar platform with your profile.
2.6. Notifications and Messages
2.6.1 You agree that we will provide notifications and messages to you in the following ways: (1) within the Services, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
2.6.2. You agree to keep your contact information up to date.
2. 7. Sharing
2.7.1. Our Services allow messaging and sharing of information in many ways, such as your profile, job postings and messages.
2.7.2. Information and content that you share or post may be seen by other Clients. Where we have made settings available, we will honor the choices you make about who can see content or information.
2.7.3. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3. RIGHTS AND LIMITS
3.1. Sand Commitment
Sand is committed to protecting your data as well as to providing you the tools to achieve the learning objectives and values of our programs, including the Fellowship.
3.2. Your License to Us
3.2.1. You agree that all images captured within Hubs and Spokes are the property of Sand. Where the courts deem otherwise, by agreeing to these terms, you agree to grant Sand a non-exclusive worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process use the images solely for marketing and promotional purposes. Sand can distribute the images without the express written consent .
3.2.2. You own the information and data that you submit on the Services, and you are only granting us and our affiliates the non-exclusive worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others (the “License”).
3.2.4. The License is limited in the following ways:
a. You can end the License for specific content by deleting such content from the Services, or generally by closing your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (ii) for the reasonable time it takes to remove from backup and other systems.
b. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
c. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
d. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
3.2.5. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
3.3. Service Availability
3.3.1. We may change, suspend or discontinue any of our Services. We may also modify our prices upon reasonable notice to the extent allowed under the law.
3.3.2. Sand and our Services are not storage services. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3.3. We reserve the right to accept or reject your request to join The ALX fellowship and any of our services or communities based on misalignment with the organization’s community values or risk of any harm to the community, both online and in person. To this end, we reserve the right to keep records of the information related to your account in case of expulsion, which may jeopardize any future relations between you and Sand.
3.3.4. We reserve the right to limit your use of the Services and your ability to contact other Clients.
3.3.5. We reserve the right to restrict, suspend, or terminate your account if you breach this Contract, contravene any of the Policies or any applicable law or the law or are misusing the Services.
3.4. Other Content, Sites and Apps
3.4.1. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Clients, Visitors or others. You agree that we are not responsible for others’ (including other Clients’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
3.4.2. As a Client, you may receive job opportunities or business proposals or other offers from other Clients. You acknowledge that we do not supervise, direct, control or monitor Clients in this regard and agree that (1) we are not responsible for the offering, performance or procurement of these job opportunities, business proposals or other offers, (2) we do not endorse any particular job opportunities or business proposals or other offers made by any of the Clients, and (3) nothing shall create an employment, agency, or joint venture relationship between us and any Client offering or accepting those job opportunities, business proposals or other offers from other Client. If you are a Client offering or accepting any job opportunities or business proposals from other Clients, you represent and warrant that you are authorized and/or licensed (as applicable) to offer or accept such job opportunities or business proposals and to abide at all times by our Code of Conduct.
3.4.3. Similarly, we may help you register for and/or attend events organized by Clients and connect with other Clients who are attendees at such events. You agree that (1) we are not responsible for the conduct of any of the Clients or other attendees at such events, (2) we do not endorse any particular event listed on our Services, (3) we do not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. No Warranty
4.1.1. Sand AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
4.1.2. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Sand AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2. Exclusion of Liability
4.2.1. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS Sand HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), Sand, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
4.2.2. Sand AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO Sand FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) USD $1,000.
4.3. Exclusions
4.3.1. The limitations of liability in this Section 4 are part of the basis of the bargain between you and Sand and will apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Sand or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
4.3.2. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
5. TERMINATION
5.1. You or we can terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.
5.2. The following terms will survive termination:
5.2.1. Our rights to use and disclose your feedback;
5.2.2. Client’s rights to further re-share content and information you shared through the Services;
5.2.3. Sections 2.2, 4, 6, 7, and 8.2 of this Contract;
5.2.4. Any amounts owed by either party prior to termination remain owed after termination.
5.3. You can email [email protected] with your full account details in order to close your account.
6. GOVERNING LAW & JURISDICTION
6.1. Regardless of your country of residence, you and we agree that the laws of Mauritius, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services.
6.2. You and Sand agree that claims and disputes can be litigated only in Mauritius, and you and we each agree to personal jurisdiction in those courts.
7. OTHER IMPORTANT TERMS
7.1 If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent.
7.2 If the court cannot do that, you and Sand agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
7.3. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services.
7.4. If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract.
7.5. You may not assign or transfer this Contract (or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
8. HOW TO CONTACT US
8.1 For general inquiries, you may contact us online or by email at [email protected]
8.2 For legal notices or service of process, you may write to us at the following address:
Sand Tech Holdings Limited
Attn: Legal Department
Ref: Privacy Policy and User Agreement
6th Floor, Tower A,
1 Exchange Square,
Wall Street, Ebene 72201,
Mauritius.
8.3. You agree that the only way to provide us legal notice is at this address.