ItsHappening.Africa Terms of Service 

Last Updated: 30 July 2024 

Welcome to ItsHappening.Africa! These Terms of Service (“Terms”) govern your use of our website, applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services. 

1. Acceptance of Terms 

By accessing or using our Services, you affirm that you have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. 

2. Changes to Terms 

We may modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. 

3. Privacy Policy 

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, https://itshappening.africa/privacy-policy/, to understand our practices regarding the collection, use, and disclosure of your personal information. 

4. Account Registration 

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. 

5. User Conduct 

You agree not to use our Services for any unlawful or prohibited purpose. You also agree not to: 

• Violate any applicable laws or regulations. 

• Infringe the intellectual property or other rights of any third party. 

• Post or transmit any harmful, offensive, or inappropriate content. 

• Interfere with or disrupt the integrity or performance of our Services. 

• Attempt to gain unauthorized access to any part of our Services or related systems. 

6. Content 

6.1. Your Content 

You retain ownership of any content you submit, post, or display on or through our Services (“Your Content”). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in connection with providing our Services. 

6.2. Our Content 

All content provided by us through our Services, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from our content without our express written permission. 

7. Termination 

We may suspend or terminate your access to our Services at any time, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use our Services will immediately cease. 

8. Disclaimers 

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. Your use of our Services is at your sole risk. 

9. Limitation of Liability 

To the fullest extent permitted by law, ItsHappening.Africa and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party. 

10. Indemnification 

You agree to indemnify, defend, and hold harmless ItsHappening.Africa and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party. 

11. Governing Law 

These Terms and your use of our Services will be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in South Africa to resolve any legal matter arising from these Terms or your use of our Services. 

12. Miscellaneous 

These Terms constitute the entire agreement between you and ItsHappening.Africa regarding your use of our Services and supersede any prior agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 

If you have any questions about these Terms, please contact us at info@itshappening.africa.