Updated at 2022-12-12
Tembo Nickel grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website strictly in accordance with these Terms & Conditions.
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Tembo Nickel Corporation Ltd, Kimbiji House, Plot 344 Toure Drive, Oysterbay Dar es Salaam, Tanzania that is responsible for your information under this Terms & Conditions.
• Website: Tembo Nickel’s site, which can be accessed via this URL: https://www.tembonickel.com.
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website (including, for the avoidance of doubt, via ant data mining or web scraping) or make it available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Website.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Tembo Nickel or its affiliates, partners, suppliers or the licensors of the Website.
You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the UK's Computer Misuse Act 1990, the Tanzanian Cyber Crime Act 2015, and various other international legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Tembo Nickel with respect to the website shall remain the sole and exclusive property of Tembo Nickel.
Tembo Nickel shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
These Terms & Conditions are a contract between you and Tembo Nickel (referred to in these Terms & Conditions as " Tembo Nickel", "us", "we" or "our"), the provider of the Tembo Nickel Website which is located at www.tembonickel.com.
By accessing our Website, you confirm that you are in agreement with and bound by the terms of service contained in these Terms & Conditions. These Terms & Conditions apply to the entire Website and any email or other type of communication between you and Tembo Nickel.
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not access or otherwise use our Website. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent.
Tembo Nickel will not be responsible for any outcome that may occur during the course of usage of our Website. We reserve the right to update our Website from time to time. These Terms & Conditions were created with Termify.
These Terms & Conditions only apply to the Website. The Website may contain links to other websites not operated or controlled by Tembo Nickel. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Website to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to specifically inform us when you stop using the Website.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Tembo Nickel reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you.
Tembo Nickel may from time to time also provide enhancements or improvements to the features/ functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Website. You agree that Tembo Nickel has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Tembo Nickel shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Tembo Nickel does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
These Terms & Conditions shall remain in effect until terminated by you or Tembo Nickel.
Tembo Nickel may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms & Conditions with or without prior notice.
These Terms & Conditions will terminate immediately, without prior notice from Tembo Nickel, in the event that you fail to comply with any element of these Terms & Conditions. You may also terminate these Terms & Conditions by deleting the Website and all copies thereof from your device.
Upon termination of these Terms & Conditions, you shall cease all use of the Website and delete all copies of the Website from your device.
Termination of this Agreement will not limit any of Tembo Nickel’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms & Conditions) of any of your obligations under these Terms & Conditions.
If you are a copyright owner or such owner’s agent and believe any material on our Website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Tembo Nickel and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Website; (b) violation of these Terms & Conditions or any law or regulation; or (c) violation of any right of a third party.
The Website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, Tembo Nickel, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Tembo Nickel provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Tembo Nickel nor any Tembo Nickel’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Tembo Nickel are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of, or limitations on, implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such circumstances, the remainder of the foregoing shall continue to apply to you to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, in no event shall Tembo Nickel or its suppliers be liable (whether such liability arises in contract, tort (including negligence) or otherwise) for (i) any special, incidental, indirect, or consequential damages whatsoever; or (ii) loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, even if Tembo Nickel or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such circumstances, the remainder of the foregoing shall continue to apply to you to the fullest extent permitted by law.
YOU AND TEMBO NICKEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms & Conditions shall not impact a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms & Conditions shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms & Conditions preclude further exercise of that or any other right granted herein.
These Terms & Conditions constitute the entire agreement between you and Tembo Nickel regarding your use of, and access to, the Website and supersedes all prior and contemporaneous written or oral agreements between you and Tembo Nickel.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Tembo Nickel, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Tembo Nickel, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the Website, its contents, features and /or functionality are prohibited.
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR UK INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Tembo Nickel concerning the Website and/or these Terms & Conditions, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or Tembo Nickel must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: firstname.lastname@example.org Tembo Nickel will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Tembo Nickel will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Tembo Nickel may commence arbitration.
If you and Tembo Nickel don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Don't hesitate to contact us if you have any questions.
• Via Email: email@example.com
These Terms will be governed by and interpreted in accordance with the laws of the United Kingdon, Isle of Man and the United Republic of Tanzania.