Terms of Use

Terms of Use

INTRODUCTION:

 

The domain name www.makeyourmove.co.tz (website) is owned by Mohammed Enterprises (Tanzania) Limited (Company), a Company incorporated under the laws of United Republic of Tanzania with its registered office situated at Plot No. 2006/93, Street Indira Gandhi, Morogoro Road, Ilala District, P.O. Box 20660, Region Dar es Salaam, United Republic of Tanzania.

 

Your use of the website and the services and tools are governed by the following terms and conditions. By mere use of the website and/or by clicking/ checking "I agree" button/box, accessing the website or by utilizing the Company’s services you agree to be bound by these terms of service and all exhibits, order forms, and incorporated policies (the “agreement”).

 

For the purpose of these Terms of Use, wherever the context so requires "you" or "user" shall mean any natural or legal person who has agreed to become a user of the website by providing registration data while registering on the website as registered user using the computer systems. Website allows the user to surf the website or making purchases without registering on the website. The term "we", "us", "our" shall mean the Company.

 

1. BINDING AGREEMENT:

 

When you use any of the services provided by us through the website, including but not limited to job postings, resume services etc. you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the amendments. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Policies of our website (including but not limited to Privacy Policy available on website) as amended from time to time.

 

System Requirements. Use of the services requires one or more compatible devices, Internet access (fees may apply) and certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the services involves hardware, software, and Internet access, your ability to access and use the services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

 

Accessing, browsing or otherwise using the website indicates your agreement to all the terms and conditions under these Terms of Use, so please read the terms of use carefully before proceeding.

 

2. DEFINITIONS:

 

The following definitions shall apply in this Terms of Use and any reference to the singular includes a reference to the plural and vice versa.

a. The Company means Mohammed Enterprises (Tanzania) Limited.

b. The “End User” means a customer, candidate, visitor or any person who uses the website or Company’s services.

c. “Initial Subscription Term" means the initial subscription term for a service as specified in an Order Form.

d. “Service Effective Date" means the date an Initial Subscription Term begins as specified in an Order Form.

e. “Renewal Term" means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.

f. “Services” means any services provided by the Company.

 

3. USE OF SERVICES AND YOUR RESPONSIBILITIES. 

 

You may only use the services pursuant to the terms of this Terms of Use. You are solely responsible for your and your end users’ use of the services and shall abide by and ensure compliance with all laws in connection with your and each end user’s use of the services, including but not limited to laws related to recording, intellectual property, privacy and export control. Use of the services is void where prohibited.

a. Registration Information. You may be required to provide information about yourself in order to register for and/or use certain services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely and solely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.

b. Your Content. You agree that you are solely responsible for the content ("Content") sent or transmitted by you or displayed or uploaded by you in using the services and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that you have the right to upload the Content to the website and that such use does not violate or infringe on any rights of any third party. Under no circumstances shall the Company be liable in any way for any (a) Content that is transmitted or viewed while using the services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to or denial of access to Content. Although the Company is not responsible for any Content, the Company may delete any Content, at any time without notice to you, if the Company becomes aware that it violates any provision of this Agreement, or any law and is against decency and morality. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the services.

c. Prohibited Use. You agree that you will not use, and shall not permit any end user to use, the services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services; (ii) knowingly or negligently use the services in a way that abuses, interferes with, or disrupts Company’s networks, your accounts, or the services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the services; or (vi) use the services to communicate any message or material that is harassing, libellous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the Company or other users of services; (viii) engage in any activity or use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the services, or any servers or networks connected to the services or the Company's security systems. (ix) use the services in violation of any of our policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.

d. Limitations on Use. You may not reproduce, resell, or distribute the services or any reports or data generated by the services for any purpose unless you have been specifically permitted to do so under a separate agreement with us in writing. You may not offer or enable any third parties to use the services purchased by you, display on any website or otherwise publish the services or any Content obtained from a service (other than Content created by you) or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to the services.

e. METL do not encourage any activity of downloading the CVs and any personal details from the website by our registered users and sharing them with any third party. Any such activity is strictly prohibited. METL shall not be liable in any manner whatsoever and do not take any responsibility of any kind whatsoever from any third party against such disclosure of his/her CV and/or personal details.

f. Under no circumstances, any employer shall use one job title for multiple job positions. If we found any employer in breach of this clause, we reserve the right to summarily discontinue and terminate the account of such employer and take such action as we deemed fit.

 

4. RESPONSIBILITY FOR END USERS:

 

You are responsible for the activities of all end users who access or use the services through your account and you agree to ensure that any such end user shall comply with the terms of this Terms of Use and any of our policies. We assume no responsibility or liability for violations. If you become aware of any violation of this Agreement in connection with use of the services by any person, please contact us at info@makeyourmove.co.tz. We may investigate any complaints and violations that come to our attention and may take any (or no) action that is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or user profiles. Under no circumstances we shall be liable in any manner whatsoever for any data or other content viewed while using the services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

 

5. OUR OBLIGATIONS FOR CONTENT:

 

We will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. We will notify You if we become aware of unauthorized access to Content. We will not access, view or process Content except (a) as provided for in this Terms of Use and in our Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform obligations under this Terms of Use; or (d) as required by law. We do not have any obligations with respect to the Content.

 

6. ELIGIBILITY:

 

By using our website and services you affirm and we presume that you are of the age of majority according to the jurisdiction to which you are subject and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use, and to abide by and comply with this Terms of Use. We may terminate your accessibility to our website and services if we believe that you are below the age of majority.

 

7. CHARGES AND CANCELLATION:

 

You agree that we may charge to your credit card or other payment mechanism selected by you and approved by us ("your account") all amounts due and owing for the services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with your account. We may change prices at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that we will provide you with prior notice and an opportunity to terminate your account if we change the price of a service to which you are subscribed and will not charge you for a previously free service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event we are unable to collect the fees owed to us for the services through your account, we may take any other steps it deems necessary to collect such fees from you and that you shall be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

 

8. TERMINATION:

 

Website contains information on how to terminate your account. If you have purchased a service for a specific term, such termination will be effective on the last day of the then-current term. Your order form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If you fail to comply with any provision of this Terms of Use, we may terminate the Agreement with you immediately without any notice and retain any fees previously paid by you. Upon any termination of this Terms of Use, you must cease any further use of the services. If at any time you are not happy with the services, your sole remedy is to cease using the services and follow this termination process. In the event if we identify that there is any breach or misuse of any expressed and/or implied terms and conditions or Privacy Policy, we shall have every right to discontinue with the services and deactivate your account without any notice and shall take any actions which we deem appropriate.

 

9. PROPRIETARY RIGHTS:

 

We and/or our suppliers, as applicable, retain ownership of all proprietary rights in the services and in all trade names, trademarks, service marks, logos, and domain names ("Marks") associated or displayed with the services. You may not frame or utilize framing techniques to enclose our any Marks, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Marks without our express written consent.

 

10. COPYRIGHT:

 

We respect the intellectual property of others and asks that users of our website do the same. In connection with our website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online website who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the said information in the form of a written notification must be provided to us.

 

11. INJUNCTIVE RELIEF:

 

You acknowledge that any use of the services contrary to this Terms of Use, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the services, may cause irreparable injury to us, our affiliates, suppliers and any other party authorized by us to resell, distribute, or promote the services ("Resellers") and under such circumstances we, our affiliates, suppliers and Resellers shall be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

 

12. NO WARRANTIES:

 

You by using our website and services agree that the services are provided on "as is" bases and we, our affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. We and our affiliates, suppliers and resellers make no warranty or representation whatsoever regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You shall be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. We shall not assume any responsibility for retention of any user information or communications between users and we cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk.

 

13. INDEMNIFICATION:

 

You agree to indemnify, defend and hold us our affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers harmless from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the services, your violation of the Terms of Use whether expressed or implied or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

 

14. LIMITATION OF LIABILITY:

 

To the maximum extent permitted by applicable law, in no event, we or our affiliates, suppliers or resellers shall be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, or due to any reason whatsoever even if we our affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, we our affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this Terms of Use shall be limited to the amount actually paid by you for the services (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims.

 

15. WAIVER AND SEVERABILITY:

 

Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Terms of Use shall not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Terms of Use is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Terms of Use shall remain in full force and effect.

 

16. DISPUTE RESOLUTION:

a. All claims and disputes in connection with the Terms or the use of website or service provided by the Company that cannot be resolved informally shall be resolved through arbitration. All arbitration proceedings shall be held in English. Arbitration shall apply to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Terms of Use.

b. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: P.O. Box 20660, Dar es Salaam, Tanzania. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

c. Any arbitration arising out of or connected with this Terms of Use, shall be resolved by arbitration in Tanzania conducted in English by three arbitrators pursuant to the rules of the Arbitration Act (Cap 15), save that, unless the Company and you agree otherwise, neither shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute.

d. The Chairman for the time being of the Tanzanian Institute of Arbitrators shall, should the Parties or the Party appointed arbitrators fail to make or agree on the appointments within ten (10) Business Days of receiving an arbitration notice, be required to make such appointments.

e. The place of arbitration shall be Dar es Salaam and the language to be used in the arbitral proceedings shall be in English.

f. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes under this Terms of Use shall be resolved by arbitration. The Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

g. All claims and disputes within the scope of this Terms of Use must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

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