Terms & Conditons
Terms and Conditions for African Goals jlk
These are the terms and conditions for:
- African Goals (Mobile application)
- www.africangoals.com
(Hereinafter referred to as “African Goals”)
At African Goals, we want to make sure that
relationships with our Users run as smoothly as possible. We appreciate the
trust you place in African Goals and take your rights very seriously. With the
following preliminary information and conditions of sale, we want to give you a
clear overview of your rights, and sometimes duties. If anything is unclear, we
would appreciate it if you would let us know.
Please read this information
carefully before agreeing to it. African Goals may change these conditions and
the new conditions will apply. You can print the text or save it on the hard
disk of your computer.
Company details
ALKAWN ORION L.L.C-FZ
(‘African Goals’)
Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba,
Dubai, U.A.E.
1. DEFINITIONS
Customer:
the natural person who has created an Account as a Customer to post Content on
the Platform for viewing by Users.
Content: any
material uploaded to African Goals by a User, including photos, videos, audio
(e.g. music and other sounds), live stream material, data, text (such as
comments and hashtags), metadata, images, interactive features, emojis, GIFs,
memes, and any other material.
User:
natural or legal person who in any way uses the Event Organiser’s platform for
the Event it organises.
African Goals: a trade name of the company ALKAWN ORION L.L.C-FZ with commercial license number 2420695.01 and registered at Dubai, UAE, of which the
general terms and conditions always prevail between the Event Organiser and African
Goals.
Store: the
platform of African Goals that allows Users to order and/or reserve Content
from Clients.
General Terms and Conditions: the terms and conditions governing the use of the platform.
Intellectual Property Rights: all rights of intellectual property and related rights, such as
copyright, trademark law, patent law, Customer rights, trade name law, database
law and neighbouring rights, as well as rights to know-how and one-line
performances.
Platform:
The online platform of African Goals where the User purchases services from the
Customer.
Event Organiser: Party that organises a football event and makes information about
the event available via the African Goals platform for the purpose of accessing
it.
Event:
organised event, including but not limited to football performances of a sporting
nature.
2. GENERAL PROVISIONS
2.1 The African Goals Platform,
(hereinafter ‘African Goals’) offers its Users an online platform for a mobile
application that notifies Users of African football match scores, this does not
include all African counties and leagues, however, African Goals endeavors at
their best efforts to expand their scope.
2.2 These General Terms and Conditions
(“Conditions”) apply to any order placed by a visitor to this platform
(hereinafter the “User”). Registering and creating an “Account” with the African
Goals platform implies that the User has consulted these Terms and Conditions
and explicitly accepts their applicability to the exclusion of all other terms
and conditions.
2.3 Additional conditions of the User are
excluded, unless they have been previously, explicitly and in writing accepted
by African Goals and the Customer.
2.4 Additional terms and conditions of the
Customer may apply when they have been previously, explicitly and in writing
accepted by African Goals and communicated to the User.
3. FREE ACCESS
3.1 Access to the installation of the African
Goals platform is free of charge for all Users. The free use of the African
Goals platform is not limited by the number of Events a User is able to
subscribe to.
3.2 The free access to Events is not limited
to the number of Events a User can Subscribe to.
3.3 Advertisements and any type of
advertising content may be displayed to Users.
4. DELIVERY AND EXECUTION OF THE AGREEMENT
4.1 The delivery of the Services is offered
entirely online and digitally by African Goals on the platform.
4.2 Unless otherwise agreed, the Content
will be delivered immediately or at the latest within 24 hours of receipt of
the request at the e-mail address or directly on the platform.
4.3 This delivery period is purely
indicative: failure to meet the delivery period shall not give rise to any
compensation on the part of African Goals as the delivery periods are given for
information purposes only and without any obligation.
4.4 Any shortcomings in the delivery of
information must be reported by the User to African Goals immediately. The User
is obliged to inspect the Content. Should the supplied Content not be in
accordance with the Agreement (wrong or insufficient delivery, and/or with an
error or damage), the User shall report this to African Goals in writing
immediately upon delivery.
5. OWNERSHIP AND LICENSES
5.1 The property rights of the platform and
methods used in the platform belong exclusively to African Goals. Any physical
or virtual exposure of the methods used in the platform may lead to violations
of African Goals’ intellectual property rights.
5.2 African Goals gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
software (platform) provided to you by African Goals as part of the services.
This license is for the sole purpose of enabling you to use and enjoy the
benefit of the services as provided by African Goals, in the manner permitted
by these terms. You may not copy, modify, distribute, sell, or lease any part
of our services or included software, nor may you reverse engineer or attempt
to extract the source code of that software, unless laws prohibit those
restrictions, or you have our written permission.
5.3 The user agrees not to use the platform
and the services negligently, for fraudulent purposes or in an unlawful manner.
Likewise, the user agrees not to partake in any conduct or action that could
damage the image, interests, or rights of the African Goals platform or third
parties.
5.4 African Goals reserves the right to
terminate your access immediately, with or without notice, and without
liability to you, if African Goals believes that you have violated any of these
terms or interfered with the use of the platform or service by others.
6. PREDICTIONS
6.1 African Goals may introduce a predictions
function at any time, users will be able to predict the winner of the matches and
will be able to check the prediction history and the number of successful
predictions.
6.2 Please note that the predictions
feature is provided for entertainment and fun purposes only.
6.3 Predictions are provided for
entertainment and fun purposes only and to create competition among users who
will be able to compare their results and share their predictions. Predictions
do not require wagering money and are not to be for use in gambling.
7. MAINTENANCE WORK
7.1 African Goals is entitled to put its
systems, Website or parts thereof temporarily out of operation for the purpose
of adjustment, maintenance, functional adjustment or improvement or in order to
rectify errors.
7.2 African Goals will arrange for this to
be done outside office hours as much as possible and will make every effort to
notify the User of this in good time. In case of functional adjustment or
improvement, this may be relevant for several Users so that it is not possible
for the User to refrain from one particular adjustment or improvement.
7.3 African Goals shall never be liable for
compensation to damage incurred by Users in connection with temporary disuse or
functional adjustment or improvement.
8. LIABILITY
8.1 The undertakings of African Goals are
best efforts undertakings. African Goals shall not be liable in connection with
the realization or execution of the Agreement, except in the cases mentioned
below, and up to the limits set out therein.
8.2 In the event of a breach of the Terms
and Conditions by the User, African Goals reserves the right to take
appropriate sanctions and compensatory measures, such as temporarily or
permanently denying access to the platform.
8.3 These measures may be taken without
giving any reason and without prior notice. They shall not give rise to any
liability on the part of African Goals, nor shall they give rise to any form of
compensation.
8.4 The User understands and accepts that African
Goals shall in no event be liable for any direct, indirect, incidental,
consequential or moral damages. These include, but are not limited to, damages
for loss of profits, interruption of business operations, business reputation
or goodwill, loss of programs or data or other intangible losses resulting from
the use of the inability to use the service or information or a permanent or
temporary cessation of such service or access to information, or the deletion
or corruption of any content or information, or the failure to store any
content or information.
8.5 The above limitation applies regardless
of whether African Goals has been advised of or should have been advised of the
possibility of such damages in jurisdictions that do not allow the exclusion or
limitation of liability for consequential or incidental damages.
8.6 African Goals shall not be liable for
any claims or legal proceedings arising from the unlawful provision of material
which violates copyright laws and/or existing trademark laws. The User is
solely responsible for the content (such as text) on his/her website and African
Goals shall not be held liable for this. Defects in the material which were
hidden from African Goals shall not affect its responsibility and shall not
give rise to any claim for damages.
8.7 African Goals shall not be liable for
any damage resulting from misuse by third parties of data stored and/or
processed by African Goals as part of the performance of the Agreement. African
Goals shall also not be liable for damage resulting from sending or receiving
information and/or having information available on a website.
8.8 African Goals is not responsible or
liable for the content of the User’s data. Unless otherwise agreed in writing,
the User is responsible for a back-up of all data held by the User. This refers
to the computer infrastructure (web spaces, computers, mobile devices, virtual
spaces, applications, etc.). African Goals shall therefore never be held liable
for any loss of data, delays or interruptions (of power or internet) of the
goods and/or services provided. African Goals will never log into the User’s
systems, unless explicitly requested by the User in writing.
8.9 African Goals shall explicitly not be
liable for indirect damage, consequential damage, loss of profit, lost savings
and damage due to business interruption.
8.10 African Goals shall not be liable for
any errors or shortcomings when these are due to software or hardware or data
or applications or other materials, not supplied by African Goals and which are
faulty and/or which African Goals did not know would be used together with the
products and/or services supplied by it, or the fact that parties other than African
Goals have made changes to the products and/or services.
8.11 Furthermore, African Goals shall in no
event be liable for damage caused by delays, damage due to loss of data, damage
due to exceeding delivery deadlines as a result of changed circumstances,
damage as a result of providing inadequate cooperation and damage due to
information or advice provided by African Goals, the contents of which do not
explicitly form part of a written agreement.
8.12 The total liability of African Goals
for damage suffered by the User as a result of an attributable failure on the
part of African Goals to fulfil its obligations under the Agreement, explicitly
including any failure to fulfil a warranty obligation agreed with the User, African
Goals’ liability for a breach of contract or wrongful act on the part of African
Goals or its employees shall be limited per event or series of related events
to an amount equal to the total fees (exclusive of VAT) payable by the User
under the Agreement or, if the Agreement has been in force for more than six
(6) months, to an amount equal to the fees paid by the User during the last six
(6) months. In no event, however, shall the total compensation for direct
damage exceed five thousand (5,000) euros (excluding VAT).
8.13 The User shall be liable towards African
Goals for damage caused by an error or shortcoming attributable to him/her. The
User shall indemnify African Goals against all damage that African Goals may
suffer as a result of claims from third parties in connection with goods or
services supplied by African Goals, including:
a) Claims by third parties, including the User’s employees, who suffer
damage as a result of unlawful acts by African Goals’ employees (workers and/or
freelancers) who are made available to the User and work under the User’s
supervision or on the User’s instructions.
b) Claims from third parties, including African Goals’ employees, who,
in connection with the performance of the Agreement, incur damage as a result
of acts or omissions by the User or of unsafe situations in his company,
including misuse of the Services for illegal activities on the Internet.
c)
Claims relating to
non-compliance with the rules of conduct in these Terms and Conditions and the
additional terms and conditions when using the Services by or with the consent
of the User. This indemnification shall also apply to persons who, although not
employees of the User, have nevertheless used the Services under the User’s
responsibility or with the User’s consent.
d) Claims from third parties who suffer damage as a result of a defect
in products and services supplied by African Goals, if the defect in the
materials was hidden by African Goals.
e) All claims from supervisory authorities, including the Personal Data
Authority, and/or from data subject(s) whose personal data are processed by African
Goals as part of the performance of the Agreement, unless User proves that the
facts underlying the claim are attributable to African Goals.
8.14 The liability of African Goals for
attributable failure in the performance of the Agreement shall arise only if
the User gives African Goals immediate and proper notice of default in writing,
setting a reasonable time period to remedy the failure and African Goals
remains in attributable breach of contract even after such period. The notice
of default should contain a description of the shortcoming that is as detailed
as possible, so that African Goals is able to respond adequately. The notice of
default must be received by African Goals within 30 days after the discovery of
the damage.
9.
ADVERTISING DISCLAIMER
9.1 The African Goals website [https://www.africangoals.com]
and the mobile application, will contain references and links to third party
websites, material, advertisements and content. These third-party website
advertisements, material, advertising and content will be subject to the terms
and conditions of those third parties.
9.2 African Goals provides these
advertisements for the convenience and interest of the user and is not
responsible for and does not guarantee the quality or accuracy of the
information and content on third party websites.
9.3 African Goals makes no warranties,
whether express or implied, as to the accuracy, availability of content or
information, text or graphics that do not appear on the African Goals website [https://www.africangoals.com]
or mobile application.
9.4 User agrees that African Goals has not
performed any testing of any software used on the third party
websites/applications and makes no representations as to the quality, safety,
reliability or suitability of such software.
9.5 User agrees that advertisements, paid
or unpaid, will appear on the African Goals website [https://www.africangoals.com] and mobile
application from time to time and may be displayed at any time during use of
the website and/or mobile application. User agrees that advertisements may be
displayed in any format and may momentarily occupy User’s primary attention
until User chooses to remove the advertisement.
9.6 User agrees that African Goals is not
responsible for the nature of the advertisements displayed and these
advertisements may include promotions of activities available exclusively to
those over 18 or 21 years of age, depending on jurisdiction the platform is
accessed from.
9.7 African Goals maintains that third
parties, including third parties that advertise on the African Goals website or
mobile application do not have access to the User’s personal data and any other
data that the User may have provided to African Goals. This provision applies
to all other policies contained in other agreements, in particular African
Goals’ privacy policy.
9.8 If in the event that a user suffers a
financial or moral loss through the use of the services shown in the
advertisements available through the use of the website, African Goals shall
have no liability for this financial or moral loss. The user also agrees that
the responsibility for such loss is fully borne by the third-party advertiser.
9.9 For the sake of clarity, African Goals
accepts no responsibility for the safety, reliability, durability and
performance of the services advertised on African Goals website [https://www.africangoals.com]
and mobile application.
10. CUSTOMER SERVICE
10.1 The African Goals Customer Service
Desk can be reached via email at info@africangoals.com for questions regarding the service of the online platform.
10.2 Complaints or questions about the
platform should be discussed directly with the Customer Service. Any and all complaints
should be addressed to them.
11. PRIVACY
11.1 The Controller, African Goals,
respects the data protection regulations of the United Arab Emirates.
11.2 The personal details provided by you
will only be used for the following purposes:
a) The execution of the concluded agreement;
b) Processing the order, sending newsletters;
c)
advertising and/or marketing
purposes;
d) management and control of the execution of the offered content;
e) sending promotional information related to the Content;
f)
possibly offering the Content
at more favorable conditions;
g) Answering the questions of the Users;
h) realizing statistics;
i)
improving the quality of the
Website and the Content by the Controller;
j)
forwarding information
regarding new Content by African Goals;
k) direct marketing purposes: allowing the interests of the User to be
better identified.
11.3 You have a legal right to access and
possibly correct your personal data. Subject to proof of identity (copy of
front of identity card), you may obtain a written, dated and signed request to African
Goals free of charge for the disclosure of your personal data. If necessary,
you may also ask for any data to be corrected that are incorrect, incomplete or
irrelevant.
11.4 You can object, free of charge, to the
use of your data for direct marketing.
11.5 We treat your data as confidential
information and will never pass them on, rent or sell them to third parties.
11.6 It is essential for the performance of
the agreement you enter into with us that the personal data obtained is passed on
to the companies working with us, including our Clients.
11.7 African Goals keeps online (anonymous)
visitor statistics to see which pages of the website are visited and to what
extent.
11.8 If you have any questions about our
Privacy Policy, please contact us at info@africangoals.com
12. USE OF COOKIES
12.1 By using our website, you agree to our
use of cookies. For more information on what type of cookies we use, what they
are used for and how long they are stored, please see our Cookie policy.
12.2 During a visit to the site, cookies
may be placed on the hard drive of your computer. A cookie is a text file that
is placed by a website server in your computer’s browser or on your mobile
device when you consult a website. Cookies cannot be used to identify individuals;
a cookie can only identify a machine.
12.3 First party cookies are technical
cookies that are used by the visited site itself and which aim to make the site
function optimally. For example: settings that the user has made during
previous visits to the site, or a pre-filled form with data that the user has
made during previous visits.
12.4 Third Party Cookies are cookies that
do not originate from the website itself, but from third parties, e.g., an
existing marketing or advertising plug-in. E.g., cookies from Facebook or
Google Analytics. For such cookies, the site visitor must first give consent –
this can be done via a bar at the bottom or top of the website, with reference
to this policy, which does not, however, prevent further surfing on the website.
12.5 You can set your Internet browser so
that cookies are not accepted, that you receive a warning when a cookie is
installed or that the cookies are subsequently deleted from your hard
disk. You can do this through your browser settings (via the help
function). Please note, however, that certain graphic elements may not appear
correctly or that you may not be able to use certain applications.
13. INVALIDITY – NON-WAIVERS
13.1 If any provision of these Conditions
is declared invalid, unlawful or null and void, this will not in any way affect
the validity, lawfulness and applicability of the other provisions. If any part
of these Terms and Conditions, which constitute the agreement between the
parties, should be held unlawful or null and void for any reason whatsoever,
this shall not affect the validity of the other parts of the agreement, unless
the agreement could not have existed without this null and void clause.
13.2 African Goals’ failure at any time to
enforce any of the rights set forth in these Terms, or to exercise any of them,
shall never be construed as a waiver of such provision and shall not affect the
validity of such rights.
14. RIGHTS AND INTERESTS OF THIRD PARTIES
African Goals will send notifications to
users when football matches in leagues we report on are about to start. African
Goals does not own the rights to the matches or leagues nor will African Goals
have any interest in the conduct or organization of such events. African Goals
has no affiliation with the organizers or organizing companies of the fights.
The news about the matches and all content available through our application is
for informational purposes only and is not subject to any rights or interests
of any third party.
15. AMENDMENT OF TERMS AND CONDITIONS
15.1 These Terms and Conditions shall be
supplemented by any other terms and conditions explicitly referred to and by African
Goals’ general conditions of sale. In the event of contradiction, these Terms
and Conditions shall prevail.
15.2 African Goals may amend these Terms at
any time without notice. Any purchase made after such change shall imply
acceptance by the User of these new Terms.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 The User may only transmit material
for which he has obtained all rights (intellectual property rights, portrait
rights, etc.). The material (texts, photographs, graphic material) supplied to African
Goals by the User is the property of the User.
16.2 Unless agreed otherwise, all
intellectual property rights arising from the order – including patent rights,
design rights and copyright – shall belong to African Goals. Insofar as such
rights can only be obtained by means of a deposit or registration, African
Goals shall be the sole party authorized to do so.
16.3 Unless agreed otherwise, the
assignment does not include conducting research into the existence of rights,
including patent rights, trademark rights, drawing or model rights, copyrights
or portrait rights of third parties. The same applies to any investigation into
the possibility of such forms of protection for the User.
16.4 After full payment of the agreed
price, African Goals shall, if explicitly stated on the invoice, transfer the
user and intellectual property rights to the design to the User. The source
files of the design become the property of the User, if so, explicitly stated
on the invoice. Delivered services are always provided with a footer in which African
Goals is mentioned as the author of the publication.
16.5 Unless the work is not suitable for
it, African Goals is at all times entitled to mention its name on or near the
work or to remove it. The user is allowed to publish or reproduce the work
without mentioning the name of African Goals, provided he/she receives prior
consent.
16.6 Upon completion of the assignment, African
Goals is obliged to retain the materials and data used for a period of 3 years
from the original drawing, whereby the User has the opportunity to purchase any
works subject to intellectual property rights. Upon purchase, the retention
obligation expires and the User may freely dispose of the works. Attached
trademarks or other protected signs may then be removed.
16.7 To the extent that all or some of
these elements are not the exclusive property of the User, the User guarantees
that it has all necessary authorisations and/or licences for the use of these
elements. These authorisations shall refer to, as the case may be:
a) The right of reproduction on any digital or other medium, including
the right of adaptation necessary for the transfer from one medium to another.
b) The right of graphic adaptation on any medium.
c)
The right of electronic
distribution and, where appropriate, the right to distribute the medium
containing these elements.
d) The right of communication to the public, with or without wire, by
any means, such as cable, satellite, Internet, including making the elements
available to the public in such a way that each person can access them at the
place and time individually chosen.
16.8 The user indemnifies African Goals
against all claims by third parties who might assert an intellectual or other
contradictory right on any of the elements or data.
16.9 The User agrees that, for the entire
duration of the order, the owner of the rights to these elements waives his/her
right to oppose any changes to these elements or their association with other
texts, declarations, elements, etc.
16.10 The User accepts that African Goals
may modify the stored elements according to technical requirements. This is
without prejudice to the author’s right to oppose any changes that might harm
his/her honor or reputation.
16.11 The User accepts that African Goals
may take all actions necessary for the performance of the Services, including:
a) copy the data and/or elements and their updates; both permanently
and temporarily, regardless of the form or medium (including electronically);
b) communicate them and/or make them available to Internet users and
non-Internet users, such as users of wireless networks.
16.12 Unless otherwise agreed in writing,
the User is not allowed to remove or change any indication concerning
copyrights, brands, trade names or other intellectual property rights from
these Materials, including indications regarding the confidential nature and
secrecy of the Materials.
16.13 African Goals is allowed to take
technical measures to protect its Materials. If African Goals has secured these
Materials by means of technical protection, the User is not allowed to remove
or circumvent this protection, unless and to the extent that the law
imperatively stipulates otherwise.
17. INTEGRATION CLAUSE
This Agreement, together with the Privacy
Policy and any other legal notices published by African Goals, shall constitute
the entire agreement between you and African Goals in connection with your use
of the Website and the App.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement shall be governed by the laws
of the Emirate of Dubai, United Arab Emirates. In the event of a dispute, Dubai
Courts shall have sole jurisdiction.
19. CONTACT INFORMATION
If you have questions or concerns about
these Terms, please contact us using our contact information below:
African Goals
ALKAWN ORION L.L.C-FZ
info@africangoals.com