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”).
1. BINDING AGREEMENT:
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.
3. USE OF SERVICES AND YOUR RESPONSIBILITIES.
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:
5. OUR OBLIGATIONS FOR CONTENT:
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.
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.
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:
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.
14. LIMITATION OF LIABILITY:
15. WAIVER AND SEVERABILITY:
16. DISPUTE RESOLUTION:
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.
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.