Terms of use

I. GENERAL TERMS

This internet website (hereinafter “Digital Grow”) is property of Fondation Ondjyla and managed and administrated by Fondation Ondjyla or any other entity(ies) appointed by Fondation Ondjyla. Fondation Ondjyla is a foundation incorporated under the Laws of Switzerland, with registered offices at rue Charles-Bonnet 4, 1206, Geneva, Switzerland, registered with the Registre du Commerce de Genève under number CHE – 378981415.

Any person or entity accessing and/or using and/or surfing in Digital Grow is identified, notably under this TERMS AND CONDITIONS DIGITAL GROW, as “User”.

Fondation Ondjyla uses its best efforts in order to ensure the completeness, update and accuracy of all information available at Digital Grow. However, Fondation Ondjyla cannot guarantee that all information available is update at all times and cannot be held responsible for the use of such information.

The access and/or use of Digital Grow, the use and/or viewing and/or download of documents and/or files available at Digital Grow, as well as the upload of documents and/or files to Digital Grow implies, necessarily, the acceptance of and compliance with the present TERMS AND CONDITIONS DIGITAL GROW by the Users.

II. USING DIGITAL GROW

a. Accessing and/or Using Digital Grow

Fondation Ondjyla does not guarantee that Digital Grow is accessible in all equipment or devices (notably, computers, PCs, laptops, desktops, mobile devices, tablets, smartphones, etc.) and with all settings and/or operating systems, and Fondation Ondjyla does not undertake any obligation to develop contents suitable to all devices available in the market.

Access and/or use of Digital Grow, including the use and/or viewing and/or download of documents and/or files available on Digital Grow, does not require prior registration of the User at Digital Grow. On the other hand, access and/or use of any other features of Digital Grow, including the upload of documents and/or files, requires prior registration of the User at Digital Grow.

In case the laws that govern the User’s activity do not allow her/him to access and/or use Digital Grow, the concerned User shall refrain from accessing and/or using Digital Grow; Fondation Ondjyla does not undertake any obligation (i) to prevent the access of such User to Digital Grow or (ii) to implement mechanisms which prevent such Users from accessing Digital Grow.

b. Registration accounts

Each User declares that all data and other information provided for purposes of creating its registration account are true and update, and each User undertakes to keep updated all data inserted at Digital Grow for purposes of registration.

The access and/or use of Digital Grow through a registration account that does not belong to the concerned User is expressly forbidden.

The User shall be the sole responsible party for the payment of any taxes, charges, duties, fees, costs that may arise to the concerned User due to the use of Digital Grow or of the documents and/or files available on Digital Grow.

Fondation Ondjyla may, at any time, cancel and/or delete and/or suspend the registration account of any User in case the TERMS AND CONDITIONS DIGITAL GROW are not being complied with or where there is a suspicion of breach of the TERMS AND CONDITIONS DIGITAL GROW, and/or where there is a suspicion that the registration account is being used illegitimately/illegally and/or for illegitimate/illegal purposes.

III. DATA AND PRIVACY

The User that wishes to create a registration account at Digital Grow, and/or a User that wishes to access Digital Grow logged through its registration account, expressly allows and consents the processing of the data inserted on Digital Grow.

When creating a registration account at Digital Grow, the following data may be collected: name, e-mail address, occupation, date, place and country of birth and interests. The User is not obliged to provide any of these data.

The User may, at any time, access its registration account and amend and/or delete the provided data.

As an alternative to filling in a form at Digital Grow to create a registration account, the User may register and create a registration account if she/he has an account with “Facebook”, “Google”, “Windows” or other that may be included, by simple pressing the button of the chosen network placed after the reference to “Login with a social network”. In this case, the chosen network will automatically send some of the User’s data to Digital Grow (e-mail address, name and other data that may be mentioned when the User access’ through the chosen network) and the User will no longer need to fill in any other forms.

The data are collected with the purpose of allowing the use of Digital Grow as registered User (notably, allowing the upload of documents and/or files), as well as to the management by the User of the data she/he provided, being the User capable of amending and/or deleting herself/himself such data.

The data collected are not communicated to third parties.

IV. ACESS, VIEWING AND DOWNLOAD

Digital Grow may only be accessed and/or used for private purposes of the User and for her/his personal use, unless the access or use for other purposes is expressly authorized by Fondation Ondjyla on a case by case basis.

The documents and/or files available on Digital Grow may only be used for private purposes of the User and for her/his personal use, being expressly forbidden (i) its broadcast or publish by any means, (ii) making them available to third parties and (iii) the use of viewed, downloaded and/or printed documents for any other purposes, notably commercial purposes.

V. UPLOAD OF DOCUMENTS AND OTHER FILES TO THE PLATFORM

a. Copyright Assignment

Each time a User uploads and document and/or file to Digital Grow, the User expressly declares that is the rightful owner, holder and possessor of all copyright and broadcast/publish right over the uploaded document and/or file.

It is expressly forbidden the upload of documents and/or files if the User making the upload is not the rightful owner, holder and possessor of all copyright and broadcast/publish right over the uploaded document and/or file.

The User remains liable for any and all damages caused to Fondation Ondjyla and/or any third parties in case the User uploads documents and/or files which copyright or broadcast/publish right she/he does not hold.

Each time the user uploads a document and/or file to Digital Grow, the User declares that authorizes:

a) Fondation Ondjyla, to, by any means, disclose to public and/or distribute to public and/or publish the uploaded document and/or file in one or more internet websites owned, administrated and/or managed by Fondation Ondjyla or any third party(ies) on its behalf or with its authorization, notably Digital Grow or any other that may replace it in the future;

b) The uploaded document and/or file to be downloaded and/or printed and/or accessed and/or viewed and/or by any other means storaged by Users via internet websites;

c) Fondation Ondjyla to alter and/or amend and/or modify and/or update the uploaded document and/or file and to, by any means, disclose to public and/or distribute to public and/or publish the altered and/or amended and/or modified and/or updated document and/or file in one or more internet websites owned, administrated and/or managed by Fondation Ondjyla or any third party(ies) on its behalf or with its authorization;

d) Fondation Ondjyla to keep and maintain in its digital or physical files copies and/or backups of the uploaded document and/or file;

e) Fondation Ondjyla to translate the uploaded document and/or file and to, by any means, disclose to public and/or distribute to public and/or publish the translation(s) in one or more internet websites owned, administrated and/or managed by Fondation Ondjyla or any third party(ies) on its behalf or with its authorization;

f) All Users of Digital Grow to access and/or view and/or download and/or print and/or by any other means storage the uploaded document and/or file.

The authorizations granted by the User upon uploading a document and/or file (regardless of the broadcasting/publishing or not of the document and/or file at Digital Grow) are irrevocable, royalty-free, non exclusive, perpetual and worldwide.

The User expressly acknowledges and accepts that the authorizations granted upon the upload of a document and/or file do not require and are not subject to any special formalities, notably the execution or signature of contracts, deeds, declarations, statements, documents, etc., being the authorizations granted immediately and automatically upon the upload of a document and/or file to Digital Grow. Furthermore, the User acknowledges and accepts that she/he may not argue or claim before Fondation Ondjyla the breach of any special formalities allegedly required for granting the authorizations foreseen herein.

Fondation Ondjyla is authorized to transfer or assign to third parties, totally or partially, the authorizations granted by the User upon uploading a document and/or file.

Should a User become aware that any copyright is being infringed, the User shall immediately inform Fondation Ondjyla about such fact by e-mail to the following address: info@digitalgrow.org

Fondation Ondjyla may, at any time, and without the need for presenting any justification, withdraw the access to any documents and/or files, notably where there is a suspicion of breach of any copyright or by any other reason.

b. Approval and publishing of documents and/or files

In order to ensure the quality and suitability of the information and/or documentation available at Digital Grow, all uploaded documents and/or files are subject to a careful review by the Digital Grow team prior to its release/publishing. Once uploaded and after the review made by the Digital Grow team, the documents and/or files may:

a) Be made available/published on Digital Grow in the same terms they were uploaded;

b) Be made available/published on Digital Grow with the amendments introduced by Digital Grow;

c) Not be made available/published on Digital Grow, in case Digital Grow’s team considers, at its own discretion, that they do not comply with the necessary quality and/or suitability requirements.

The Users who upload a document and/or file will be informed by e-mail if the uploaded document and/or file:

a) Was approved and made available/published on Digital Grow in the same terms it was uploaded;

b) Was approved and made available/published on Digital Grow with the amendments introduced by Digital Grow;

c) Was not approved to be made available/published on Digital Grow.

The Users expressly accept all procedures foreseen in the TERMS AND CONDITIONS DIGITAL GROW.

The author of the uploaded documents and/or files will always be identified on Digital Grow.

b. Approval and publishing of documents and/or files

In order to ensure the quality and suitability of the information and/or documentation available at Digital Grow, all uploaded documents and/or files are subject to a careful review by the Digital Grow team prior to its release/publishing. Once uploaded and after the review made by the Digital Grow team, the documents and/or files may:

a) Be made available/published on Digital Grow in the same terms they were uploaded;

b) Be made available/published on Digital Grow with the amendments introduced by Digital Grow;

c) Not be made available/published on Digital Grow, in case Digital Grow’s team considers, at its own discretion, that they do not comply with the necessary quality and/or suitability requirements.

The Users who upload a document and/or file will be informed by e-mail if the uploaded document and/or file:

a) Was approved and made available/published on Digital Grow in the same terms it was uploaded;

b) Was approved and made available/published on Digital Grow with the amendments introduced by Digital Grow;

c) Was not approved to be made available/published on Digital Grow.

The Users expressly accept all procedures foreseen in the TERMS AND CONDITIONS DIGITAL GROW.

The author of the uploaded documents and/or files will always be identified on Digital Grow.

VI. LIABILITY

Fondation Ondjyla does not undertake any liability and/or responsibility for the access and/or use of Digital Grow by the Users. Fondation Ondjyla does not guarantee or ensure that Digital Grow is free from defects, attacks, computer viruses, worms, Trojan horses or other spyware, malware or malicious software, interferences, hackers’ activity or other safety intrusions, and Fondation Ondjyla does not undertake any liability for damages or losses that these type of malfunctions and/or defects and/or software may cause.

VII. AMENDMENTS TO THE TERMS AND CONDITIONS DIGITAL GROW

Fondation Ondjyla may, at any time, amend, totally or partially, the TERMS AND CONDITIONS DIGITAL GROW. Any amendments to the TERMS AND CONDITIONS DIGITAL GROW shall enter in force immediately and are considered accepted by the Users when they access and/or use Digital Grow.

VIII. SEVERABILITY OF ANY PROVISION

If any clause or provision of the TERMS AND CONDITIONS DIGITAL GROW is held invalid, such invalidity shall not affect any other provision hereof, and the invalid clause or provision shall be replaced by another one which is valid and, to the extent possible, similar to the original provision.

IX. CONTACTS

In case of any queries related with the TERMS AND CONDITIONS DIGITAL GROW, or for any other matters related with Digital Grow, you may contact us to the following e-mail address: info@digitalgrow.org

X. GOVERNING LAW AND JURISDICTION

This TERMS AND CONDITIONS DIGITAL GROW shall be governed by the laws in force at the registered office of Fondation Ondjyla (Swiss Law, Geneva Canton).

The Courts of Geneva have jurisdiciotn to settle any dispute arising in connection with the interpretation or execution of the TERMS AND CONDITIONS DIGITAL GROW.

Notwithstanding the preceding paragraph, Fondation Ondjyla is entitled to, on a case by case basis, choose a different jurisdiction to settle any disputes that may arise.