GENERAL CONDITIONS TK GROUP AFRICA  

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Updated on 18

November 2021  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY . By using the website ("Website") made available by TKGROUP-AFRICA.COM. (“TK GROUP AFRICA”), or by using one or more of the services made available through the Website (the “Services”), you agree to the following terms and conditions (the “Agreement”). The Contract is a binding legal contract concluded between you and TK GROUP AFRICA. You and TK GROUP AFRICA may be referred to herein individually as a "Party", and collectively as the "Parties". TK GROUP AFRICA's Privacy Policy is incorporated into this Agreement by reference,
 

1. YOUR USE OF THE SERVICE.
    

   1. No use by minors. The Website and the Services are only available to persons who can form legally binding contracts under applicable law. TK GROUP AFRICA's Services are not accessible to persons under the age of majority in their jurisdiction, and under no circumstances to persons under the age of 18.

   2. Account credentials. You must use reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to a third party. You will be solely responsible for the use of your credentials and / or your account by a third party. You must notify TK GROUP AFRICA as soon as you become aware of any breach or suspected breach of your account security.

   3. Appropriate conduct. You agree not to use the Services for any illegal or unauthorized purpose and agree to comply with all applicable national and international laws, statutes, ordinances and regulations relating thereto. You further warrant and agree that your use of the Website and the Services does not violate any applicable law, regulation, statute or other rule of any applicable authority. You agree not to (attempt to) modify, adapt or hack the website. You agree not to engage in any activity that would create a false association with the website. You agree not to solicit, harass or impersonate other members of the website. You agree that TK GROUP AFRICA has sole and absolute discretion in determining whether your use of the website and / or the services is legal and permitted.

   4. Exclusive liability. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links or any other content that you submit, post, display or otherwise make available on the website.

   5. Third Party Services. You acknowledge and agree that any links you encounter through the website and the services may point to content beyond the control of TK GROUP AFRICA. TK GROUP AFRICA will have no responsibility for such content, or the costs of third parties that you may incur by accessing such content.

   6. Consent to Email . By providing TK GROUP AFRICA with your email address, you consent to our using the email address to send you Service related notices, including any notices required by law, in lieu of communication by mail. postal.

   7. Promotions. From time to time, TK GROUP AFRICA may provide individuals with special offers or promotions (“New Account Promotions”) in order to create an account. These new account promotions may contain restrictions and usage limitations that will be indicated with this promotion. Failure to comply with these restrictions will result in the cancellation or forfeiture of any incentive offered without notice, and may also result in the levying of additional administrative or related charges, as indicated.

   8. Taxes. You agree to pay any applicable taxes or fees imposed by any government entity in connection with your use of the Service.
       

2. WARRANTY, EXCLUSION OF LIABILITY AND LIMITATION OF LIABILITY.
    

   1. Disclaimer of warranty. The website and the services are provided to you without warranty of any kind, express or implied. TK GROUP AFRICA SPECIFICALLY EXCLUDES AND DISCLAIMS THE WARRANTIES OF TITLE, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

   2. Limitation of damages. TK GROUP AFRICA SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THE CAUSE AND WHETHER THEY ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT RESPONSIBILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOST SAVINGS, COSTS OF CAPITAL, PURCHASE COSTS OF ALTERNATIVE GOODS OR SERVICES, COSTS OF DOWNTIME, LOSS OR DAMAGE TO DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER MARCARIA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

   3. Limitation of Liability. IN NO EVENT SHALL MARCARIA'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, TO YOU OR ANY THIRD PARTY, ON ANY BASIS WHATSOEVER, EXCEED THE GREATER OF THE $ 500 AND AMOUNTS PAID BY YOU TO MARCARIA FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO RESPONSIBILITY. THIS IS AN OVERALL LIMIT.

   4. Risk allocation. The provisions hereof allocate the risks of loss or default between you and TK GROUP AFRICA. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability it contains.
       

3. PAYMENT.
    

   1. Payment. All Paid Services will be provided on a prepayment basis. You do not have the right to use the Paid Services until your account is properly funded. All funds spent on the Services will not be refundable, unless expressly stated otherwise.
      If, for any reason, TK GROUP AFRICA is unable to invoice your payment method for the full amount due, or if TK GROUP AFRICA receives notification of a chargeback, cancellation, payment dispute, or sees a penalty being charged for any costs previously invoiced to your method of payment, you agree that TK GROUP AFRICA may exercise all available legal remedies in order to obtain the reimbursement of this payment and / or penalties,
      including, but not limited to, canceling your Services and / or any domain name registered or renewed in your name using the Services.
      TK GROUP AFRICA also reserves the right to charge you a reasonable "administrative fee" or "processing fee" for (i) tasks that TK GROUP AFRICA may perform on your behalf outside the normal scope of its Services, ( ii) the additional time and / or costs that TK GROUP AFRICA may incur in providing its Services to you, and / or (iii) the costs resulting from your failure to comply with this Agreement (as determined by TK GROUP AFRICA on its own and absolute
      discretion). These administrative or processing costs will be invoiced to the method of payment that you have registered with TK GROUP AFRICA.

   2. Taxes. The charges shown for the Services do not include applicable sales, use, income, excise or other taxes imposed by a tax authority. You will be responsible for paying these applicable taxes.

   3. Price. All charges for the Services will be in accordance with the then current TK GROUP AFRICA pricing schedule, the conditions of which are incorporated herein by reference, and will be due at the time you order the Services, unless otherwise specified. You can pay for the Services using any accepted payment method as indicated at the time of your purchase. TK GROUP AFRICA may, at our option, require you to pay fees by a specific means of payment. Fees will be billed according to the payment method of your choice. TK GROUP AFRICA expressly reserves the right to change or modify its prices and charges at any time, and such changes or modifications will be posted online on this site, or on the relevant site of the Service, and will come into effect immediately without being 'it is necessary to advise you further.
      If you have purchased or obtained Services on a subscription basis, changes or modifications to prices and charges will take effect when the Services in question are renewed as described in more detail below.
       

4. DECLARATIONS AND WARRANTIES ON YOUR PART.
    

   1. Accuracy of information. You hereby acknowledge, accept, represent and warrant that all information submitted to TK GROUP AFRICA under this Agreement is accurate, current and complete, and that you will keep your account information current at all times. TK GROUP AFRICA may suspend or terminate your account if it has a reasonable suspicion that the information you have provided is inaccurate. TK GROUP AFRICA is not responsible for any failure of the Services arising from or related to or arising from: a.) Your contact details being inaccurate; or b.) your failure to provide information or documentation necessary to perform the Services. Failures of the Services covered by the foregoing include, but are not limited to, expired domain and trademark registrations.

   2. No personal data of third parties. You hereby acknowledge, accept, represent and warrant that you must not, in connection with the website or any service, process or otherwise have access to the personal data of any third party, including but not limited to limit, personal data (as that term is defined in Regulation (EU) 2016/679, generally known as the General Data Protection Regulation or GDPR).

   3. International data transfer. If you visit this site and / or use the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) to- beyond international borders. By visiting this site, using our Services and communicating electronically with us, you hereby consent to such transfers. Insofar as you reside in the EU or will transfer your personal data (as that term is defined in Regulation (EU) 2016/679, generally known as the General Data Protection Regulation or GDPR) outside the EU, you agree to run a separate data processing addendum with TK GROUP AFRICA which governs such processing (as that term is defined in the GDPR) of personal data. Failure to comply with the above will constitute a material breach of these conditions.
       

5. RIGHTS OF TK GROUP AFRICA.
    

   1. Changes to the Service. TK GROUP AFRICA may, at its sole discretion, modify or delete all or part of the Service and the Website at any time. TK GROUP AFRICA reserves the right to interrupt the Service with or without notice for any reason whatsoever or for no reason. You agree that TK GROUP AFRICA is not liable to you for any interruption of the Service, delay or failure to perform.

   2. Modification of the Agreement. TK GROUP AFRICA reserves the right to modify this Agreement at any time. If any changes constitute a material change to the Agreement, to be determined in the sole discretion of TK GROUP AFRICA, TK GROUP AFRICA will notify you by email or via a prominent notice on the website.

   3. Refusal of service. TK GROUP AFRICA reserves the right to refuse service to anyone for any reason and at any time. TK GROUP AFRICA may terminate, suspend or otherwise permanently or temporarily deny your access to the Service without notice and liability for any reason whatsoever, including if, in TK GROUP AFRICA's sole determination, you violate any of the provisions of this Agreement, or for no reason.

   4. Property of the pi. With respect to all website content and the services we offer, between TK GROUP AFRICA and yourself, all rights, title and interest in and to all (i) registered trademarks, service marks and logos and not deposited; (ii) patents, patent applications and patentable ideas, inventions and / or improvements; iii) business secrets, proprietary information and know-how; (iv) all divisions, continuations, reissues, renewals and extensions thereof currently or subsequently filed, issued or acquired; (v) registered and unregistered copyrights, including, without limitation, forms, images, audiovisual displays, text, software and (vi) all other intellectual property rights, property rights or otherwise intangible property rights that are used, developed, including, incorporated or practiced in connection with any of the Services identified herein ("intellectual property rights") are the property of TK GROUP AFRICA, its licensors , and / or, where applicable, its partners and affiliates. You agree not to make any claim of interest or ownership of such intellectual property rights. You acknowledge that no title to intellectual property rights is transferred to you and that you do not obtain any rights, express or implied, in the Website or the Services, other than the rights expressly granted in this Agreement.
      The content provided through the Website and the Services is provided to you "as is", "as available" and "with all defects", for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without the express prior written consent of TK GROUP AFRICA.
      No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to these, the Website and the Services.
       

6. ADDITIONAL CONDITIONS AND GUIDELINES.
    

   1. Prohibited, questionable and counterfeit use; Restricted activities. Your activities on the Website and / or use of the Services must not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items that violate the Agreement or any other terms of use or policy in any way; (c) infringe the rights of a third party; (d) violate any law, statute, ordinance or regulation; (e) contain viruses, Trojans, worms, time bombs, cancel bots, Easter eggs or other computer programming routines which may damage, prejudicially interfere, surreptitiously intercept or expropriate any system, data or personal information; (f) disseminate or transmit SPAM or unwanted communications; or (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other providers.

7. GENERAL.
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   1. Provisions relating to place and jurisdiction. In the event of a dispute between the Parties, the Parties agree that the exclusive place and jurisdiction for such action shall be in the courts of competent jurisdiction located in the State of Delaware. The Parties agree that the aforementioned courts will have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement which is not covered by the arbitration provisions set forth herein.

   2. Divisibility. In the event that one or more of the provisions of this Agreement are, for whatever reason, deemed illegal or unenforceable in any respect whatsoever, such illegality or unenforceability will not affect the other provisions of this Agreement, which shall remain fully in force.

   3. Force majeure. Neither Party shall be liable for any failure to perform due to unforeseen circumstances or to causes beyond the reasonable control of that Party, including, without limitation, force majeure, war, riots. , acts of civil or military authorities, delay in delivery by sellers, fires, floods, accidents, strikes, inability to secure communication or transport facilities or labor or materials. In the event of force majeure, the delivery or performance period of this Party will be extended by a period equal to the duration of the delay caused by it.

   4. Entire Agreement. This Agreement, the policies incorporated by reference herein and the agreements covering the individual services offered in accordance with these terms reflect the entire agreement between the parties with respect to matters relating thereto, and supersede all proposals. , prior agreements and commitments, whether oral or written, as well as all negotiations, conversations or discussions between the Parties relating thereto.

   5. Amendments. Unless otherwise provided in the terms of this Agreement, this Agreement may only be amended by a writing signed by each Party.

   6. Securities. The headings included in this Agreement are provided for convenience only and should not be used to interpret the provisions of the Agreement between the Parties.

   7. Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written consent of TK GROUP AFRICA. TK GROUP AFRICA may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement are binding and applicable for the benefit of the Parties and their successors and authorized assigns.

   8. Waiver. Failure by either Party to apply at any time any of the provisions hereof shall not be interpreted as a waiver of that Party's right thereafter to apply such provisions.

   9. Advantage. This Agreement is concluded for the benefit of each of the parties and not for the benefit of other persons.

   10. Lawyer fees. In any dispute or arbitration between the Parties, the winning Party shall be entitled to reasonable legal fees and all costs incurred in connection with such proceedings.

   11. No presumption. No presumption shall be applied against a Party on the ground that that Party was responsible for the preparation of this Agreement or any part of it.

   12. Conflict with Terms of Service or other policies. In the event of a conflict between this Agreement and any agreement covering a specific Service (a “Service Agreement”), such Service Agreement shall prevail with respect to matters arising out of or relating to that specific Service.

   13. Translations. Translations of our contracts and policies are provided for your convenience and to meet local requirements, in the event of a dispute between the English and non-English versions, the English version will prevail.

   14. Opinion. TK GROUP AFRICA will direct all notices to your email address as indicated in the Account and / or WHOIS information you provided. These required notices may also be posted on the website, usually in your account, but sometimes on a general access page. You are responsible for ensuring that your email address is kept up to date.

   15. Contact details. If you have any questions, concerns or complaints about our Services or anything in
       under this Agreement or other Agreements with us,
       
       please contact us at
       e-mail address or
       following telephone numbers: Email: dg-tkgroup@tkgroup-africa.com Telephone: +22891349026 Postal address: Lomé, Togo.