Yakontent Terms and Conditions of use


1. Introduction

1.1 These terms and conditions shall govern your use of the Yakontent website or any other Yakontent Software, mobile applications, products and services provided to you on, from, or through the Yakontent website.

1.2 By using the Yakontent website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

1.3 If you [register with the Yakontent website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use the Yakontent website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18 ] years of age.

1.5 The Yakontent website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Copyright notice

2.1 Copyright (c) [2017] [ Yakontent (Private) Limited].

2.2 Subject to the express provisions of these Yakontent terms and conditions:

  1. Yakontent, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in the Yakontent website and the material on our website are reserved.

3. License to use the Yakontent website

3.1 You may:

  1. view pages from the Yakontent website in a web browser;
  2. download pages from the Yakontent website for caching in a web browser;
  3. print pages from the Yakontent website;
  4. [stream audio and video files from the Yakontent website]; and
  5. [use [ the Yakontent website services] by means of a web browser and, or applications],
  6. subject to the other provisions of these Yakontent terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Yakontent terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use the Yakontent website for [your own personal and business purposes], and you must not use our website for any other purposes .

3.4 Except as expressly permitted by these Yakontent terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

  1. republish material from the Yakontent website (including republication on another website);
  2. sell, rent or sub-license material from the Yakontent website;
  3. show any material from the Yakontent website in public;
  4. exploit material from the Yakontent website for a commercial purpose; or
  5. redistribute material from the Yakontent website.

3.6 Notwithstanding Section 3.5, you may redistribute [the Yakontent newsletter] in [print and electronic form] to [any person].

3.7 Yakontent reserves the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

  1. use the Yakontent website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use the Yakontent website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use the Yakontent website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Yakontent website without our express written consent];
  5. [access or otherwise interact with the Yakontent website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
  6. [violate the directives set out in the robots.txt file for the Yakontent website]; or
  7. [use data collected from the Yakontent website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

4.2 You must not use data collected from the Yakontent website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through the Yakontent website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

5. Registration and accounts

5.1 To be eligible for [an account] on the Yakontent website under this Section 6, you must [be resident or situated in any part of the world].

5.2 You may register for an account on the Yakontent website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

5.3 You must not allow any other person to use your account to access the Yakontent website.

5.4 You must notify us in writing immediately if you become aware of any unauthorized use of your Yakontent account.

5.5 You must not use any other person's account to access the Yakontent website [, unless you have that person's express permission to do so].

5.6 When you use our Yakontent services - for example do a search on the Web Portal, Android or IOS App or watch a video on Yakontent – we collect data to make these services to work best for you. This data may include:

  1. Content you search for
  2. Pages you visit
  3. Ads you click on or Tap
  4. Your Location
  5. Device Information
  6. IP Address and Cookie Data

6. Yakontent User login details

6.1 If you register for an account with the Yakontent website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your Yakontent account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify Yakontent in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on the Yakontent website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of Yakontent account

7.1 Yakontent may:

  1. [suspend your account];
  2. [cancel your account]; and/or
  3. [edit your account details],
  4. at any time in our sole discretion without notice or explanation.

7.2 You may cancel your Yakontent account on our website [using your account control panel on the website].

8. Your content : license

8.1 In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to Yakontent or the Yakontent website for storage or publication on, processing by, or transmission via, our website].

8.2 You grant Yakontent a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to the Yakontent website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to the Yakontent website].

8.3 You grant Yakontent the right to sub-license the rights licensed under Section 8.2.

8.4 You grant Yakontent the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on the Yakontent website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Your content: rules

9.1 You warrant and represent that your content will comply with these Yakontent terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these Yakontent terms and conditions, must not:

  1. be defamatory or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. [depict violence[ in an explicit, graphic or gratuitous manner]];
  13. [be pornographic[, lewd, suggestive or sexually explicit]];
  14. [be untrue, false, inaccurate or misleading];
  15. [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
  16. [constitute spam];
  17. [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
  18. [cause annoyance, inconvenience or needless anxiety to any person].

10. Limited warranties

10.1 Yakontent does not warrant or represent:

  1. the completeness or accuracy of the information published on the Yakontent website;
  2. that the material on the Yakontent website is up to date; or
  3. that the Yakontent website or any service on the website will remain available.

10.2 Yakontent reserve the right to discontinue or alter any or all of the Yakontent website services, and to stop publishing Yakontent website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Yakontent services, or if we stop publishing the Yakontent website.

10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, Yakontent exclude all representations and warranties relating to the subject matter of these Yakontent terms and conditions, our website and the use of the Yakontent website.

11. Yakontent Limitations and exclusions of liability

11.1 Nothing in these Yakontent terms and conditions will:

  1. limit or exclude any liability for fraud or fraudulent misrepresentation;
  2. limit any liabilities in any way that is not permitted under applicable law; or
  3. exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Yakontent terms and conditions:

  1. are subject to Section 11.1; and
  2. govern all liabilities arising under these Yakontent terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in delict (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Yakontent terms and conditions.

11.3 To the extent that the Yakontent website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 Yakontent will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.6 Yakontent will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 Yakontent will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that Yakontent have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that Yakontent is a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Yakontent website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these Yakontent terms and conditions

12.1 Without prejudice to our other rights under these Yakontent terms and conditions, if you breach these terms and conditions in any way, or if Yakontent reasonably suspect that you have breached these terms and conditions in any way, Yakontent may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the Yakontent website;
  3. permanently prohibit you from accessing the Yakontent website;
  4. [block computers using your IP address from accessing the Yakontent website];
  5. [contact any or all of your internet service providers and request that they block your access to the Yakontent website];
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. [suspend or delete your account on the Yakontent website].

12.2 Where Yakontent suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking [ (including without limitation [creating and/or using a different account])].

13. Variation

13.1 Yakontent may revise these terms and conditions from time to time.

13.2 [The revised terms and conditions shall apply to the use of the Yakontent website from the date of publication of the revised terms and conditions on the Yakontent website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [Yakontent will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the Yakontent website from the date that you are given such notice; if you do not agree to the revised terms and conditions, you must stop using the Yakontent website.]

13.3 If you have given your express agreement to these terms and conditions, Yakontent will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, Yakontent will disable or delete your account on the website, and you must stop using the Yakontent website.

14. Assignment

14.1 You hereby agree that Yakontent may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without Yakontent’s prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third party rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. Entire agreement

17.1 Subject to Section 11.1, these Yakontent terms and conditions [, together with [our privacy and cookies policy ],] shall constitute the entire agreement between you and us in relation to your use of the Yakontent website and shall supersede all previous agreements between you and us in relation to your use of the Yakontent website.

18. Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with [Zimbabwean law ].

18.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [Zimbabwe].

19. Statutory and regulatory disclosures

19.1 Yakontent is registered in [Harare, Zimbabwe];

19.2 We subscribe to [code(s) of conduct ], which can be consulted electronically at [URL(s)].

20. Yakontent details

20.1 This website is owned and operated by [Yakontent (Private) Limited].

20.2 Yakontent is registered in [ZIMBABWE] under registration number [8758/2017], and our registered office is at [103 King George Road, Avondale, Harare ].

20.3 Our principal place of business is at [103 King George Road, Avondale, Harare ].

20.4 You can contact us:

  1. [by post, using the postal address [given above]];
  2. [using our website contact form];
  3. [by telephone, on [the contact number published on our website from time to time]]; or
  4. [by email, using [the email address published on our website from time to time]].