Terms of Service
We reserve the right to change or modify the Terms of Service (including all clauses herein, such as the Honour Code and Collaboration Policy) at our sole discretion at any time. Any change or modification to the TOS will be effective immediately upon posting by us. For any material changes to the TOS, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified TOS.
DESCRIPTION OF AMI
AMI delivers blended and online learning programmes – including engaging online and offline workshops, courses and professional and business development tools for individuals and companies. We offer practical, accessible learning and coaching for individuals and companies in Africa. As such, we offer Online Content and Courses in partnership with some of Africa’s top business schools and funding partners (“Partner Institutions”) enabling people and organisations across Africa to perform better. We also offer a range of programmes, courses, resources, services and certificates for a fee.
In these TOS, references to “we” or “us” are to AMI-African Management Initiative, a company incorporated in the Republic of Mauritius (registered number 119616) whose registered address is at 24 Dr. Joseph Riviere Street, Port Louis, Republic of Mauritius.
If you have any questions about these TOS or wish to contact us for any reason, please click on “contact us” and select “technical support”.
RULES FOR ONLINE CONDUCT
You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Sites for organised partisan political activities. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Sites, or on any other AMI sites, pages or resources:
- Content that defames, harasses or threatens others
- Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
- Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
- Material that contains obscene (i.e., pornographic) language or images
- Advertising, promotional materials, or any form of commercial solicitation
- Content that otherwise harms other users or visitors to the Sites
- Content that is otherwise unlawful or that violates any applicable local, national or international law
- Content that probes, scans, or tests the vulnerability of any system or network
- Content that breaches or otherwise circumvents any security measures
- Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites
- Content that plants malware or otherwise uses the Sites to distribute malware
Although AMI does not routinely screen or monitor content posted by users to the Sites, AMI reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
You acknowledge that, by adding your personal details to your public profile or by posting any personal details on the Sites they will be visible to others. We do not take responsibility for any information that you publish on the Sites.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Sites without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
In addition, as a condition of accessing the Sites, you agree not to:
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under these TOS;
- Use AMI’s or any Partner Institution’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails;
- Use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools);
- Frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or
- Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
- Misrepresent or attempt to misrepresent your identity while using the Sites (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
- Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Sites.
All learners participating in our programmes, courses or communities must agree to abide by the following code of conduct:
- I will register for only one account and I will not let anyone else use my Personal Account;
- The work I complete using my Personal Account will be my own work (except for assignments that explicitly permit collaboration).
- I will not make solutions to projects, quizzes or exams available to anyone else. This includes both solutions written by me, as well as any official solutions provided by the course staff.
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve/hurt the results of others.
- I will notify the administrators of the relevant Online Content and Courses (“Course Administrator”), immediately if I become aware of any other Learner cheating or breaching these Terms.
- If I am disqualified for any reason under these TOS, I will be prohibited to access the Sites, including the Courses and Online forums related to the course in which I registered and I will forfeit any fees paid in relation to my access of the Sites.
By enrolling in a programme or course on AMI, you are joining a Pan-African community of learners. At AMI we aim to enable ambitious businesses across Africa to thrive. We believe that skilled people build thriving businesses, thriving businesses create quality jobs, and quality jobs drive prosperity and dignity.
You are part of the community who will help AMI achieve this goal. By enrolling in our programmes, communities, or courses, using the Sites and engaging with your peers on AMI, you acknowledge this vision and agree to our Collaboration Policy.
Unless otherwise indicated by the Programme Manager, Facilitator, Course Instructor, or Site Administrator, learners on AMI are encouraged to:
- Collaborate with others in the programmes, Academies, in courses, lecture videos, exercises, homework and collaborative groups.
- Discuss with others general concepts and materials in each course.
- Present ideas and written work to fellow AMI learners or others for comment or criticism.
Subject to your compliance with these TOS, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
- to access, internally use and display the Sites and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Programmes, Content and Courses as permitted by these TOS for your personal use in connection with those courses only; and
- to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
You must abide by all copyright notices or restrictions contained on the Sites or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Sites or the Online Content and Courses.
You acknowledge and agree that nothing in these TOS or the offering of AMI Programmes, Communities, or Courses to you on the Sites (or your participation in those courses):
- Establishes any relationship between you and any Partner Institutions who participate on the Sites;
- Enrolls or registers you with any Partner Institution or in any unit of study, course of study, training, or any other services offered by AMI and/or a Partner Institution outside of the Sites; or
- Entitles you to access or use the resources of AMI or a Partner Institution beyond what is available on the Sites during the license period.
- You acknowledge that, by offering AMI Programmes, Communities, or Courses, we have not and do not make any representation or warranty that completion of an AMI Course will qualify you for any award or qualification other than as specified in the Course information.
- We reserve the right to cancel, suspend, reschedule or modify the content of any AMI Programme, Content, or Course at any time in our sole discretion.
- You agree and acknowledge that nothing in these TOS or otherwise with respect to your access or use of any Online Programme, Community, or Course or Site (a) establishes any relationship between you and any university or other Partner Institution with which AMI may be affiliated, (b) enrolls or registers you in any university or other Partner Institution, or in any course offered by any university or other Partner Institution, or (c) entitles you to access or use the resources of any university or other educational institution beyond the Online Programmes, Communities, or Courses provided by the Sites.
- We reserve the right to suspend your use of the Sites and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
- We may terminate your account or use of the Sites with immediate effect:
- If you or any User you are connected with breach any of these Terms;
- In order to prevent any fraudulent, unlawful or abusive activity; or
- If it is necessary to prevent or stop any harm or damage to us, other Users of the Sites or the general public.
REGISTRATION AND ACCOUNT SECURITY
In order to access some of the Sites and the Communities or Academies, Courses and Online Content held therein, you will need to become a registered user by setting up a personal account on the Sites (Personal Account).
- To become a registered user and create a Personal Account, you must complete your registration details in the manner described on the Sites. The registration process will require you to provide us with your full name, email address, phone number, and a password to access your Personal Account. This is necessary to complete the registration and bypass our account verification process.
- At registration, you will also be required to select a screen name (User Name). Each user will have a unique screen name, which will be the personal identifier displayed on the Sites if you, for example, post a comment to a forum or upload content. You acknowledge and agree that, by selecting a screen name, you are allowing everyone on the Sites (and possibly people off the Sites) to view that screen name and (subject to any privacy controls as may be offered on the Sites and that you may select from time to time) the comments and content that you post on the Sites using that screen name. We reserve the right to refuse or remove any screen name for any reason (including, for example, if we consider the screen name to be inappropriate, if we receive a complaint about the screen name or if the screen name is already in use).
- You must not create a Personal Account for anyone other than yourself without permission. You are only permitted to have one Personal Account, and agree not to create multiple Personal Accounts. You must not misrepresent (or attempt to misrepresent) your identity while using the Sites. You must provide complete, current and accurate information to us during the registration process. By submitting a registration, you represent and warrant to us that the information that you are providing to us is complete, current and accurate. You must keep your personal and contact information accurate and up-to-date.
- Maintaining the security of your Personal Account is important to us. You agree that you will maintain the confidentiality of your Personal Account (including password), and you will not allow or authorise any other person to use your Personal Account.
- You must not access or attempt to access the Personal Account of any other user of the Sites.
- We have implemented commercially reasonable technical and organisational measures designed to secure your personal information and User Content from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will not be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
- We reserve the right to terminate your registration at any time if we believe in our sole discretion that you have breached any of these Terms.
AMI’S PROPRIETARY RIGHTS
We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Sites and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio. The Online Content and Courses is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Communities, Content and Courses will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Communities, Content and Courses other than the right to use it in accordance with the TOS. Unless otherwise stated, copyright in the Online Content and Courses belongs to the AMI or the relevant Partner Institution providing the Online Content and Courses.
Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Sites.
You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Communities, Content and Courses or the Sites.
You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Communities, Content and Courses or AMI Intellectual Property Rights to us, to carry out the intended purpose of these TOS, or to establish, perfect, preserve or enforce our rights under these Terms.
You must not modify, copy, reproduce, republish, or display any content from the Sites and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
PROGRAMMES, ONLINE COURSES, AND CERTIFICATIONS
The Sites will, from time to time, offer online programmes and courses in a specific area of study or on a particular topic or range of topics (a “Programme” or an “Online Course”). AMI reserves the right to cancel, interrupt or reschedule any Programmes or Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Programmes and Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.
Subject to your satisfactory completion of an AMI Programme or Course as determined by us in our sole discretion, you may be awarded a statement acknowledging your completion of the AMI Programme or Course (Certificate of Completion). You acknowledge and agree that a Certificate of Completion does not convey any academic credit or entitle you to any recognition of prior learning. A Certificate of Completion is not equivalent to any award or qualification that might be awarded by an Education Provider. The content of a Certificate of Completion will be determined by us, in our sole discretion, and may change from time to time and from programme to programme, or course to course.
Further, AMI retains the right to offer or not offer any such Certificate of Completion. You acknowledge that neither the Facilitators or Instructors of any Programme or Online Course nor the associated Partner Institutions will be involved in any attempts to get the programme or course recognised by any educational or accredited institution, unless explicitly stated otherwise by AMI. The format of the Certificate of Completion will be determined at the discretion of AMI and the instructors, and may vary by Programme or Course in terms of formatting, e.g., whether or not it reports your detailed scores or grades, and in other ways.
FEES AND PAYMENT TERMS
Although AMI has a range of Online Courses that may be available from time to time for free, most Programmes or Online Courses require an enrolment or registration fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Sites, unless you have made arrangements with AMI in writing to make an alternative payment. If your payment method fails we may collect fees using other collection mechanisms. AMI reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Sites. Any fees, and applicable payment charges will be displayed on the AMI sites and/or during the course of your transaction. Until you have confirmed the final amount and submitted your payment, you will be able to cancel the transaction at any time.
In addition, the processing of your payment information is done by an AMI third party vendor, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third party vendor will govern the submission and processing of your payment details. Please familiarise yourself with those terms prior to initiating a transaction.
Once your payment transaction is completed, you will be re-routed back to an AMI confirmation page and will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from AMI, as described below.
For a period of fourteen (14) calendar days from the purchase date (“Cooling Off Period”), you may withdraw or un-enroll from an Online Course by clicking on the un-enroll link on the My Courses dashboard and request a refund by emailing email@example.com. Please include your full name and order number in your email request. Refunds will be credited to the account used when you made the initial payment and may take up to two billing cycles to process. AMI has no obligation to issue a refund after the Cooling Off Period, but if you believe a refund is warranted, please email us at firstname.lastname@example.org
However, after you have downloaded a premium resource (available only to paid members), received a detailed assessment report, a course certificate or used any other premium services for which you have been charged, you will no longer be eligible for a refund. This includes any access and use of the Content within the paid course or community.
All costs of refunding will be born by user. This will include transaction costs and bank fees incurred by AMI approximately 6-8% of total amount charged, unless there is an accepted and proven fault in the Sites not covered or disclaimed in these TOS.
All services offered by AMI are subject to AMI’s disclaimers and warranties and offered as is. It is the responsibility of the user to ensure that they have the technical knowledge, hardware and software required to access AMI’s services. Limited technical support is available to all users, however this is not a guarantee that you will be able to access services unless you have the correct technology, Internet access or other. If you have any questions about what technology will or will not be supported or how to upgrade your web browser you can check our Frequently Asked Questions or contact email@example.com.
If you are found to be in violation of AMI’s Honour Code and academic integrity policies or TOS, you will not be issued a refund.
The Online Communities, Content and Courses may provide you with the ability to upload comments, questions and replies; join learner discussions, create profile pages, and other content and media for social interaction, or certain information and materials for use with the Sites or Online Content and Courses, e.g., written assignments, questions, hypothetical, examples, etc. (collectively, “User Content”).
With respect to any submissions of User Content, you agree to comply with the Rules for Online Conduct. Including all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
The Sites may provide you with the ability to post comments and replies, take part in group discussions, submit questions or send similar messages and communications to third party service providers, other AMI users and/or us.
You agree to use communication methods available on the Sites only to send communications and materials related to the subject matter for which we (or any applicable Partner Institution) provided the communication method, and you further agree that all such communications by you are subject to and governed by these TOS.
By using any of the communications methods available on the Sites, you agree that:
- All communications methods constitute public, and not private, means of communication between you and the other party or parties;
- Communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
- Most content will be reactively moderated if flagged by AMI users but we reserve the right to pre-review or post-review User Content to ensure that it complies with the Rules for Online Conduct.
Additionally, through such communication methods set out above, we may make certain types of services available to you. For instance, we may make available to you, in connection with your participation in an Online Community Forum or Course study group services that allow you to communicate with our staff, fellow users and/or Faculty from our Partner Institutions so that you may ask questions about the academic materials in the Online Community or Course or about your general experiences on the Sites.
You acknowledge and agree that the services set out above (including without limitation study group services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these TOS and is provided for educational purposes only.
To the extent that you provide User Content, you represent and warrant to AMI that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit AMI to use such User Content as provided above and you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the Content to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the video or Submission in the manner contemplated by these TOS.; (b) such User Content is accurate and reasonably complete; (c) as between you and AMI, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice. You also grant each AMI user a non-exclusive license to access your User Content through the AMI Sites and to use, reproduce, distribute, display and perform such User Content.
The Sites may also provide you with ability to upload or send information to AMI regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant AMI an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.
We reserve the right to remove any content (not only Prohibited Content) from the Sites in our sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Sites by users.
You must not alter, damage or delete any content on the Sites of which you are not the author, unless you have express permission from the author to do so.
Disclaimer on User Content
In connection with your participation in a Programme, Online Community or Course, you will have the ability to access or download content or other course-related materials provided by other Users taking the course. While AMI requires Users to comply with the AMI TOS in providing User Content, AMI cannot guarantee that any such User Content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm your computer, tablet, hand-held device or any programs or files therein. AMI disclaims any responsibility or liability relating to your access or download of such User Content.
Accordingly, AMI recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.
Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on the Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by AMI. By posting to or viewing such sites, you agree that AMI and any of its Partner Institutions are not responsible or liable for the content of any postings therein. AMI reserves the right (but not the obligation) to remove any content from such pages in its discretion.
AMI does not endorse any User Content or any opinion, recommendation or advice expressed therein.
LINKS TO OTHER SITES
We may make certain revision books and study aids available for purchase while you are participating in the Programme, Online Content and Courses. We will provide links to third party websites to enable you to make these purchases. Additionally, User Content may contain links to third party websites (“External Sites”). Those External Sites may contain content or offer products and/or services for sale.
You acknowledge and agree that:
- We have no responsibility for the accuracy or availability of information provided by External Sites, and
- We do not control or endorse the sponsors of such External Sites or the content, products, advertising or other materials presented on such External Sites.
- We may remove any links to External Sites from the Sites at any time for any reason.
- We will not be liable for any transactions conducted by you with third parties through any External Site or for any liability arising from any representations or information provided on such External Sites.
We appreciate that External Sites may contain material in which the operator of the External Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any External Site does not create or imply any relationship or partnership between us and the operator of such External Site.
You acknowledge that you use links on the Sites at your own risk.
ONLINE EDUCATION RESEARCH
Records of your participation in Programmes, and Online Content and Courses may be used for researching business support, and/or online education. In the interests of this research, you may be exposed to slight variations in the course materials that will not substantially alter your learning experience. All research findings will be reported at the aggregate level and will not expose your personal identity.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
THE AMI SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. USE OF THE AMI SITES IS AT YOUR OWN RISK. THE SITES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE AMI PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE AMI PARTIES DO NOT WARRANT THAT (A) THE PROGRAMMES, ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COMMUNITIES, COURSES OR SITES WILL BE CORRECTED. NONE OF THE AMI PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE AMI PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. AMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AMI WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK. ALL USERS:
AMI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES; (B) ANY CONDUCT OR CONTENT OF YOU, ANY MEMBER, OR ANY THIRD PARTY ON THE SITES, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (C) ANY CONTENT, COURSES, OR ADVICE OBTAINED FROM THE SITES; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AMI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE AMI PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO AMI’S ABILITY TO MAKE THE AMI SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE AMI SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Furthermore, AMI accepts no responsibility for any loss or damage incurred by you as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Sites or in relation to the Programmes, Online Communities, Content and Courses;
- Any changes which we may make to the Sites or Programmes, Online Communities, Content and Courses, or for any temporary interruptions in the provision of the Sites or Online Communities, Content and Courses;
- The deletion of, corruption of, or failure to store, any Online Communities, Content and Courses and other communications data maintained or transmitted by or through your use of the Sites;
- Your failure to provide us with accurate account information; and
- Your failure to keep your account details secure and confidential.
We are not responsible for the conduct, actions or information of any user of the Sites or any other third party, and you release us from any liability or claim you may have against such persons. You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- You submitting your content to the Sites or participating in the Programmes, Online Communities, Content and Courses;
- Your access to or use of the Sites or Online Communities, Content and Courses;
- Your breach of any of these Terms; and
- Any negligent act or omission, deliberate default or breach of statutory duty on your part.
In addition, you agree to keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from any claims that the content on the Sites or Programmes, Online Communities, Content and Courses (or its use) infringe the intellectual property rights of third parties.
Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
This paragraph survives the end of these Terms.
It is our policy that any content included on the Sites or within the Programmes, Online Communities, Content and Courses that infringes the intellectual property rights of any third party will be removed from the Sites as soon as possible after we are made aware of such infringement.
If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, report any alleged infringements of your intellectual property rights taking place on or through the Sites by emailing a Copyright Infringement Notice to firstname.lastname@example.org. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AMI to locate the material on the Sites; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Waiver and Severability of TOS
The failure of AMI to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Assignment or Transfer of Rights
You will not transfer any of your rights and obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us.
Application and Jurisdiction of Law
Nothing in these Terms will prevent us from complying with any law.
You must comply with all applicable laws when using or accessing the Sites.
These Terms and the relationship between you and us are governed by the laws of the Republic of Mauritius.
For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of the Republic of Mauritius to resolve any legal matter arising from these Terms and the relationship between you and us.
Notwithstanding this, you agree that we are permitted to apply for injunctive remedies (or other types of urgent interim relief) in any jurisdiction at any time.
Effective Date: October 14, 2020.