FBINABOX TERMS AND CONDITIONS OF SERVICE
AGREEMENT TO OUR TERMS AND CONDITIONS
We are The Friendship Bench ("Company," "we," "us," "our") , a company registered in Zimbabwe at 4 Weale Road, Milton Park, Harare, Zimbabwe .
We operate the online platform https://portal.friendshipbench.io (the "Site") , as well as any other related products and services that refer or link to these terms and conditions (the "Terms and conditions ") (collectively, the "Services").
You can contact us by emailing at support@friendshipbench.io or by mail to 4 Weale Road, Milton Park, Harare, Zimbabwe.
These Terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ( "you"), and The Friendship Bench, concerning your access to and use of the Services. You agree that by accessing the services, you have read, understood, and agreed to be bound by all of these Terms and conditions.
By registering, signing up and creating an FBINABOX account, or by accessing or otherwise using the FBINABOX platform you agree to be bound by these Terms and conditions of Use (“Terms of Use”) as of the first day you create your account or otherwise access the platform (“Registration Date”). If you are an employee at an organization or other legal entity, then by registering and signing up an account or by accessing or using FBINABOX platform or tools, then you accept these Terms of Use on behalf of that entity (“Customer”) and you represent and warrant that you have the necessary authority to do so.
We will provide you with prior notice of any scheduled changes to the services you are using. The modified Terms and conditions will become effective upon posting or notifying you by support@friendshipbench.io, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for our services.
We recommend that you print a copy of these Terms and conditions for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
6. USER GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CHANGES TO THESE TERMS AND CONDITIONS
1. OUR SERVICES
The information provided when using FBINABOX is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our application platform, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the FBINABOX platform, as well as the trademarks, service marks, and logos contained therein.
Our contents are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties. The content provided in or through the FBINABOX portal for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Terms and conditions, including the "PROHIBITED ACTIVITIES " section below, we grant you a non-exclusive, non-transferable, revocable rights to:
- access the FBINABOX portal; and
- download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms and conditions, no part of the services and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the services, content, or marks other than as set out in this section or elsewhere in our Terms and conditions, please address your request to: support@friendshipbench.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and conditions and your right to use our portal will terminate immediately.
Your submissions and contributions
Please review this section carefully prior to using our services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about our services, You agree that we shall own your submission and be entitled to its unrestricted use and dissemination for any lawful purpose, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the FBINABOX digital platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services .
When you post contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, worldwide right, and license to: use, copy, reproduce, publish, broadcast, retitle, store, reformat, translate, and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the FBINABOX digital portal accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our prohibited activities outlined below and will not post, send, publish, upload, or transmit through the FBINABOX portal nor post any contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
- to the extent permissible by applicable law, waive any and all moral rights to any such submission and/or contribution.
You are solely responsible for your submissions and/or contributions and you expressly agree to reimburse us for all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, r (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms and conditions. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and conditions ; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You are required to register to use the FBINABOX portal services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the FBINABOX portal services for any purpose other than that for which we made the portal available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the FBINABOX services, you agree not to:
- Systematically retrieve data or other content from the FBINABOX portal services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the portal, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the FBINABOX portal services contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in unauthorized framing of or linking to the FBINABOX portal services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Copy or adapt the FBINABOX portal services software.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Make any unauthorized use of the FBINABOX portal, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the FBINABOX portal as part of any effort to compete with us or otherwise use the portal for any revenue-generating endeavours or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The FBINABOX may invite you to chat, contribute to, or participate in message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the portal, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the portal. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary rights, consents, releases, and permissions to use and to authorize us, FriendshipBench, to use your Contributions in any manner contemplated by the Terms and conditions.
- Your contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and conditions, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms and conditions and may result in, among other things, termination, or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your contributions to any part of the FBINABOX portal, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, worldwide right, and license to host, use, copy, reproduce, disclose ,publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit and distribute such contributions for any purpose, to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights, or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area. You are solely responsible for your contributions to the services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms and conditions ; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and conditions , including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the FBINABOX portal infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the FBINABOX portal infringes your copyright, you should consider first contacting an attorney.
12. TERM AND TERMINATION
These terms and conditions shall remain in full force and effect while you use the fbinabox portal. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions. we may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the FBINABOX portal at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our portal. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the portal services.
We cannot guarantee the FBINABOX portal will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the portal resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the portal at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance of the Services. Nothing in these terms and conditions will be construed to obligate us to maintain and support the FBINABOX portal or to supply any corrections, updates, or releases in connection therewith.
14. CORRECTIONS
There may be information on the portal that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the FBINABOX portal at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FBINABOX PORTAL, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, made by any third party due to or arising out of: (1) your Contributions; (2) use of the FBINABOX portal services (3) breach of these Terms and conditions ; (4) any breach of your representations and warranties set forth in these Terms and conditions ; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of our services with whom you connected via the FBINABOX portal.
17. USER DATA
We will maintain certain data that you transmit to the FBINABOX portal for the purpose of managing the performance of the FBINABOX portal, as well as data relating to your use of the portal. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the portal. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the FBINABOX portal, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE FBINABOX portal. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. MISCELLANEOUS
These terms and conditions and any policies or operating rules posted by us on the FBINABOX portal or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and conditions shall not operate as a waiver of such right or provision. These terms and conditions fully operate permissible by Friendshipbench. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions. You agree that these terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these terms and conditions.
20. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our terms and conditions after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the FBINABOX portal.
21. CONTACT US
To resolve a complaint regarding the FBINABOX portal or to receive further information regarding use of the portal, please contact us at:
The Friendship Bench
4 Weale Road, Milton Park,
Harare,
Zimbabwe
support@friendshipbench.io