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Terms and Conditions of Use
Terms & Conditions:
Preambel
With the registration as a user at Bridge to Africa Network pages, hereafter referred to as BtA Network pages, the General terms and Conditions of BtA Network pages deemed to be accepted.
These General Terms and Conditions state the basic legal principles for the relationship between the   user and BtA on all BtA Network pages.
The user agrees into a contract for using the services of BtA Network pages, offered by company Bridge to Africa e.K. located in Humboldtstrasse 37, 51379 Leverkusen, Germany. For further information about Bridge to Africa e.K. please check the webpage „imprint“.
BtA Network pages shall bear no liability for any content posted by the user. This applies equally to any content to which the user provides links on the site. BtA Network pages does neither guarantee, that posted content is based on facts nor advertised and offered products and services comply with related specifications and legal requirements.
The user indemnifies BtA Network pages against liability for any and all content the user has posted to the site and undertakes to observe all rules governing proper behaviour online. Any user is encouraged to announce wrong doings of other users including the use of false identities to BtA Network pages via the contact form, available from each webpage.
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against BtA Network pages shall exist only if BtA Network pages breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims is limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by BtA Network pages business liability insurance, provided the insurance company has effected payment to BtA Network pages, BtA Network pages undertake to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act.
 

1. Subject
BtA Network pages is an online service dedicated to help all types of professionals with a major interest in African affairs and business in Africa more effectively connect with one another. Users can subscribe to two services: a.) a free membership program with limited access and reduced activity options, and b.) a premium membership program with extended access to viable information and non restricted interactivity.
Details concerning the conditions of premium membership can be checked on the BtA Network pages website by choosing the link „Premium Membership“. Prices and conditions stated there are not negotiable. Premium fees are due immediately for the period of three months and can be transferred into the stated account via bank to bank transfer or by credit card transaction using the paypal option. Within maximum two working days after registration as a premium user the user will be upgraded to full access to all user sites of BtA Network pages. The related invoiced will be prepared by BtA Network pages and sent via email to the user at the same time.
BtA Network pages offers users to gather and to share information about Africa, however BtA will not accept any responsibility or liability for the content, delivered and launched in this Internet portal. This applies to any and all statutory infringements and breaches of law.
Any use of the services and content offered by BtA Network pages apart from those possibilities offered within BtA Network pages will require written consent of BtA Network pages prior to any related action.
BtANp provides information and data collected and launched by members to be used by other members, as long as none of the content provided violates the law or legal obligations (respect of copyright etc.). Although BtA Network pages does not take any responsibility for any content provided by users, BtA Network pages reserves the right to remove any content violating the law from the website without prior notice.
The BtA Network pages will be available for users usually throughout the year around the clock, however users accept, that 100% availability cannot be granted due to occasional service activities. BtA Network pages are entitled to block access to the portal at any time for operational and/or technical reasons, even at short notice. BtA Network pages shall not bear any liability for any damage resulting from technical disruptions, faulty data transfer or force majeure.
BtA Network pages are just offering a platform for users with a focus on African issues to enable easy contacts for business and social purposes. Any contract, cooperation agreement or other contractual activity between members of the BtA Network pages will remain the sole legal activity between the members, BtA Network pages does neither want to get involved nor accept any responsibility for short comings, infringements or contract violations between members.
Administrators and group leaders have the right to deny or accept membership of applicants to a certain group with limited access.
 

2. Registration and personal data
Access to BtA Network pages is only granted after registration. All registration information is deemed to be true and complete, and shall be updated at all times. The use of fake and pen names and data is prohibited. The user confirms that he/she is of legal age at the time of registration.
During the registration process the user will choose a password, which shall be kept secret at all times. BtA Network pages will keep this password information confidential. With the registration process the user enters into a contract proposal, which will be accepted by BtA Network pages by granting membership level related access to the website.
A user can only register once at the BtA Network pages, multiple membership is not allowed.
The user is solely responsible for any and all actions taken using the password and shall inform BtA Network pages immediately of any unauthorized.
Since BtA Network pages has no chance to verify neither identity nor personal details of any user of their websites, no guarantee for submitted data will be granted and BtA Network pages will not accept any liability for fake or false personal data. Every user must take his/her own steps to verify counterpart information.
 

3. Right of cancellation for consumers
If a user is registered at BtA Network pages for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the German law (§13 German Civil Code):
The User may cancel registration for the Free or Premium Membership in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by BtA Network pages, but not before the receipt of these instructions.
Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week period begins when Premium Membership is activated by BtA Network pages, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to Bridge to Africa e.K., Humboldtstrasse 37, 51379 Leverkusen. The User may deliver notice of termination using the contact form available at all sites of BtA Network pages, or by sending a fax or letter to BtA Network pages. The fax number and email address of BtA Network pages are sent to the User upon registration and can be found following the link "Imprint".

The User’s right of termination under section 6 shall not be affected by the User’s cancellation right under this section 3.
Premature lapse of the right of cancellation
In accordance with §312d Par. 3 BGB (German Civil Code), the User’s right of cancellation lapses before the end of the right of cancellation period in the following cases.
      - If BtA Network pages has begun performing the BtA Network pages services for which the User is registered with the express consent of the User, or
      - If the User has initiated the BtA Network pages services for which the User is registered (e.g. in which the User has accessed the BtA Network pages services that has been made available to the User in accordance with the type of Membership chosen by the User at registration).
 

4. Obligations of the user
The user agrees,

          -  to be honest, decent and polite in his/her communication with other users. He/She will give his/her true personal details and will not use fake or artificial names.
          
          -  to submit a recent photo (not older than three years) to the website, giving a reasonable and good impression about him/herself. The user accepts that this photo will be on public display to other users on the BtA Network pages website. Using instead a photo of somebody else (other person, animal, fantasy creature) is not permitted. Photos shall not show any trade marks, company logos etc. due to legal implications.
          
          -  to obey all applicable laws as well as intellectual property rights while using the BtA Network pages services.


The user will not

          - issue insulting, discriminating or abusing content to or about other members, companies, third parties or the BtA Network pages team
          
          - launch pornographic content or those harmful to minors or advertise related products or service
          
          - bother other users with Spam mails or related continuous mailing activities.

          - use protected content (subject to copyrights) without legal authorisation or offer related protected goods and services without being legally permitted to do so.

          - promote or use actions against fair competitive market participation (chain letters, chain emails, misrepresentations, spaming etc.)

          - promote or executed multi level network marketing or multi level marketing.

          - enter into sexual intimidating, discriminating or bothering approach to other users

It is strictly prohibited for users to

          - use software, scripts, snippets, rss-feeds within the BtA Network pages website beside the interfaces as provided by BtA Network pages.

          - use methods to block, alter, frame or copy parts of the BtA Network pages website, whether it is for appearance alteration or for search engine access.

          - to copy and publish content of the BtA Network pages for commercial purposes.

          - to take any action violating the function of the BtA Network pages site or disrupting its availability.

5. Modifications of the BtA Network pages
BtA Network pages reserves the right to alter, modify and to expand services offered on the web pages at any time.
 

6. Termination of Membership, Reimbursement of Advance Payments
The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all BtA Network pages at any time. The termination notice shall include the User’s registered name and an email address of the User registered on the BtA Network pages.
The User may terminate without cause the Premium Membership to the end of the runtime or to the end of any renewal period, by giving notice of ten (10) business days. The user may deliver notice of termination using the contact form available on all BtA Network pages, or by sending a fax or letter to BtA. The termination notice shall include the registered name of the User and an email address of the User registered on the BtA Network pages. If the User has terminated the Premium Membership, the User is entitled to retain a Free Membership. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
A good cause is defined as an event which makes it unacceptable for BtA Network pages to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of BtA Network pages against the User's.
A good cause includes any the following events:
 

          - If the User fails to comply with any applicable legal provisions

          - If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these General Terms and Conditions.

          - If the reputation of the services offered on the BtANp Web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);

          - If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

          - If the User causes harm to any other user(s)

In the event of a good cause and notwithstanding BtA Network page's right to terminate the contract, BtA Network pages is entitled to:

          - Delete the contents posted by the User

          - Issue a warning, or

          - Block the User's access to the services on the BtANp Web sites.

In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

          - If BtA Network pages has terminated the contract for good cause,

          - If BtA Network pages has blocked the User’s access, or

          - If the User has terminated the agreement.

However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to BtA Network pages.
The user undertakes to comply, and to monitor such compliance with all laws and regulations currently in force that pertain to the content the user has posted. BtA Network pages is entitled to scrutinize the content, users have posted to the website in order to check its compliance with the law.
In the event, that the user is in violation of any law currently in force or of these Terms and Conditions, and fails to promptly cease such violation when made aware of it by BtA Network pages, the latter shall be entitled to block the users access to the site.
BtA Network pages shall bear no liability for any content posted by the user. This applies equally to any content to which the user provides links on the site. BtA Network pages does neither guarantee, that posted content is based on facts nor advertised and offered products and services comply with related specifications and legal requirements.
The user indemnifies BtA Network pages against liability for any and all content the user has posted to the site and undertakes to observe all rules governing proper behaviour online. Any user is encouraged to announce wrong doings of other users including the use of false identities to BtA Network pages via the contact form, available from each webpage.
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against BtA Network pages shall exist only if BtA Network pages breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims is limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by BtA Network pages business liability insurance, provided the insurance company has effected payment to BtA Network pages. BtA Network pages undertake to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act. 
          - Delete the contents posted by the User

          - Issue a warning, or

          - Block the User's access to the services on the BtANp Web sites.

In the following cases, the User shall not be entitled to claim reimbursement of any advance payments: 

         - If BtA Network pages has terminated the contract for good cause,
        
         - If BtA Network pages has blocked the Users access, or
 
         - If the User has terminated the agreement. 

However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to BtA Network pages.
The user undertakes to comply, and to monitor such compliance with all laws and regulations currently in force that pertain to the content the user has posted. BtA Network pages is entitled to scrutinize the content, users have posted to the website in order to check its compliance with the law.
In the event, that the user is in violation of any law currently in force or of these Terms and Conditions, and fails to promptly cease such violation when made aware of it by BtA Network pages, the latter shall be entitled to block the users access to the site.

BtA Network pages shall bear no liability for any content posted by the user. This applies equally to any content to which the user provides links on the site. BtA Network pages does neither guarantee, that posted content is based on facts nor advertised and offered products and services comply with related specifications and legal requirements.
The user indemnifies BtA Network pages against liability for any and all content the user has posted to the site and undertakes to observe all rules governing proper behaviour online. Any user is encouraged to announce wrong doings of other users including the use of false identities to BtA Network pages via the contact form, available from each webpage.
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against BtA Network pages shall exist only if BtA Network pages breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims is limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by BtA Network pages business liability insurance, provided the insurance company has effected payment to BtA Network pages. BtA Network pages undertake to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act. 

7. Indemnity
The User shall indemnify and exempt BtA Network pages from all actions, including damage claims, asserted by other users or third parties against BtA Network pages resulting from an infringement of their rights by the contents posted by the User on BtA Network pages. Furthermore, the User shall indemnify and exempt BtA Network pages from all actions, including damage claims, asserted by other users or third parties against BtA Network pages resulting from an infringement of their rights regarding the use of the services on BtA Network pages by the User. The User assumes all reasonable costs BtA Network pages incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by BtA Network pages, are hereby unaffected. 
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement. 
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at BtA Network pages discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of BtA Network pages, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by BtA Network pages.

8. Data Protection
BtA Network pages are particularly sensitive in handling personnel data of the user. BtA Network pages shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). BtA Network pages shall not provide or disclose any personal data of the User to any third party without authorization. 

9. Copyrights on content
By launching content to any of its pages the User grants BtA Network pages an unlimited, irrevocable and assignable right of use of the respective contribution. BtA Network pages has the right to use this content for any purpose, especially to keep it permanently available on BtA Network pages as well as on related pages of cooperating websites. 
BtA Network pages have the right to use all content launched onto its website. Any use, multiplication, distribution, or storage of the BtA Network pages content or parts of it in other electronic or print media is not permitted without written consent of BtA Network pages.


10. Final provisions
This contract as well as any modifications must be confirmed in writing, any amendments do not exist.
BtA Network pages reserves the right to modify this General Terms and Conditions at any time without giving reasons. BtA Network pages will inform users about modifications timely, about their right to object and about the deadline for objections. Unless the user objects within two weeks after this announcement, the modified General Terms and Conditions are regarded as accepted. 
Any communication between BtA Network pages and the user is supposed to be handled via email, using the addresses as stated in the profile page (user) or he contact form as available on each webpage.
Should one or several of the provisions contained in these Terms and conditions for Users be or become ineffective, this shall not effect the legal validity of the terms and conditions for users in their entirety. The ineffective provision shall be replaced with the relevant statutory provision. 
In as far as this can be agreed between the parties, the place of jurisdiction and place of performance is Cologne. 
Use of the Internet BtA Network pages as well as BtA Network pages themselves are subject to the German law.
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