All use of the ismoshi.com, ismoshi.net, ismoshi.org, ismoshiarusha.org, ismarushamoshi.org and ismac.ac.tz sites (THE SITES) is subject to the terms and conditions set forth below. Please read these terms carefully. By accessing these web sites or by otherwise accessing any content found on these web sites, you are deemed to have entered into an agreement with International School Moshi (ISM) and to have agreed to be bound by the terms set out below. THE SITES is owned and operated by International School Moshi. ISM reserves the right to change the terms of this Agreement. Changes will be posted on www.ismoshi.org/terms-conditions/
I. Use of THE SITES
ISM hereby grants you a non-exclusive, non-transferable license to access and use THE SITES for the fees and under the terms described in this Agreement.
The contents and design of THE SITES and any material e-mailed to you or otherwise supplied to you in conjunction with THE SITES are copyright of International School Moshi. Except as expressly permitted in this Agreement, THE SITES may not be reproduced, transmitted, or distributed without ISM’s permission. The User may not commingle any portion of THE SITES with any other information and shall not edit, modify, or alter any portion.
In addition, User may not:
use THE SITES for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of THE SITES, any data or content found on or accessed through THE SITES, or any other THE SITES information without prior express written consent of ISM;
obtain or attempt to obtain through any means any materials or information on THE SITES that has not been intentionally made publicly available either by public display on THE SITES or through accessibility by a visible link on THE SITES;
violate any measure employed to limit or prevent access to THE SITES or its content;
violate the security of THE SITES or attempt to gain unauthorized access to THE SITES, data, materials, information, computer systems or networks connected to any server associated with THE SITES, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of THE SITES or any activities conducted on or through THE SITES, including accessing any data, content or other information prior to the time that it is intended to be available to the public on THE SITES;
take or attempt any action that, in the sole discretion of ISM, imposes or may impose an unreasonable or disproportionately large load or burden on THE SITES or the infrastructure of THE SITES.
Any use of THE SITES or its content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to International School Moshi, PO Box 733, Moshi, Tanzania, and may be subject to a fee.
II. NO WARRANTIES/LIMITATIONS ON LIABILITY
INTERNATIONAL SCHOOL MOSHI MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITES AND IT’S CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITES. THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO US AND OUR PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED ON AN “AS IS” AND “IS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE.
INTERNATIONAL SCHOOL MOSHI SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL INTERNATIONAL SCHOOL MOSHI AND THE SITES NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITES.
III. Term and Termination
International School Moshi may, in its discretion, terminate or suspend your access to all or part of THE SITES (including any right to access and use THE SITES’s content) with or without cause.
The rights of termination are in addition to all other rights or remedies of ISM provided in these Terms or by law.
IV. Changes to THE SITES
International School Moshi reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the content available on THE SITES at any time and to restrict the use and accessibility of THE SITES.
We make no representations whatsoever about any other sites that you may access through THE SITES or that may link to THE SITES. When you access any other website you understand that it is independent from THE SITES and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third party site operators (including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings) shall be on the terms and conditions (if any) of the third party operator and a matter solely between such third party operator and yourself.
In addition, a link to any other website does not mean that we endorse or accept any responsibility whatsoever for the content contained on such website or the use by you of it. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such site or resource.
VI. Advertising, Third Party Content and other Web Sites.
Parts of THE SITES may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on THE SITES complies with international and national law. ISM is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
VII. Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Tanzania, within one month after the cause of action has arisen, or such cause will be barred, invalid, and void.
VIII. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Tanzanian law. The parties irrevocably agree that the courts of Tanzania shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Tanzanian courts.
For the exclusive benefit of ISM, ISM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.