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TERMS & CONDTIONS
BAScic, Nairobi, Kenya (“BAScic“, “we“, “us“, or “our“) provides the services made available at www.bioafricascience.com and all other websites operated by BAScic and all associated applications, including mobile applications, and services (“Service“), as an information society service.
BAScic’s mission is to connect the world of science and make research open to all. Connections can only be established when potential connections and commonalities are known and connecting lines can be drawn. Openness can only be achieved with comprehensive accessibility. Our Service takes your work and activities on the Service into account to help connect you with other individuals who are relevant to you, and recommend relevant content. We also gather information from external sources, in order to disseminate as much relevant scientific content as possible to drive science forward. Any natural or legal person who, as a recipient of the Service, accesses or uses the Service for any purpose is a User (“User“, “you“). Our registered Users (“Members“) can, by way of example, and not as a limitation, share their professional identities, credentials, awarded grants, display their academic publications, engage and collaborate with their networks, exchange knowledge and professional insights, contact or be contacted by other Users (including recruiters), post and view relevant content, and discover business and career opportunities. Some content is also visible to unregistered and logged-out Users (“Visitors“).
These Terms constitute a legally binding agreement between BAScic and any of its Users. In some jurisdictions, you may be bound to these Terms if you access the Service. Furthermore, a Visitor may also be asked to assent to these Terms in order to use a certain limited number of features on the Service. The Terms become binding on Members once we accept your offer to enter into a binding agreement with us, e.g., once you have submitted the registration process and we have sent confirmation that you have successfully registered for the Service.
In addition, if you have previously had your membership restricted by us, you may not attempt to register for the Service again.
Among other things, the Service provides you with the ability to add, create, upload, submit, distribute, send, share, or post (“submit“, “submitting“, or “submission“) content, articles, data, text, photographs, images, illustrations, advertisements, job posts, or other information on or to the Service (collectively, the “Member Submissions“). By way of example, and not as a limitation, Member Submissions may be submitted when you request the Service to:
3.1.Identify, resolve, copy, or import content stored on your or a third party’s computer system;
3.2.Synchronize content such that the Service stores or “mirrors” content stored on your or a third party’s computer system by storing such content on equipment owned or operated by BAScic;
3.3.save or store your comments, edits, or annotations to content accessible through the Service; or
3.4.Share with another person any content stored on your or a third party’s computer system.
The Service also enables you to learn about other Members, get into contact with or be contacted by other Members and/or institutions, consume their work, their research, post and answer questions on various topics and interact with BAScic’s community. The Service also allows you to present, organize and manage scientific collaboration.
The Service also provides you with functionalities that support your scientific work, your professional life and development. To be as helpful as possible, the Service takes information about you as a Member, your Member Submissions and your activity on the Service into account in suggesting content and providing other aspects of the Service. This way we can make recommendations for connections, content, and features that may be useful to you. Also, by taking your work, research, career, experience, and other factors into account, we are able to provide you with opportunities, vacancies, information and helpful contacts. Keeping your profile information accurate and up-to-date helps us to make these recommendations more accurate and relevant.
BAScic shall not be a contracting party to any agreements entered into by Users with other Users or with any third party via the Service. Users are solely responsible for the execution and/or fulfilment of agreements they enter into. BAScic shall not be held liable for breaches of duty in relation to such agreements. If there is a dispute between you and a third party, you agree that BAScic assumes no responsibility and is under no obligation to become involved.
The Service consists largely of information uploaded by and/or stored upon the request of Members. We do not manually or automatically preview or review or filter such information. Therefore, we do not and cannot have current knowledge of possible infringements, inappropriate content, or violations of law caused by information that is uploaded by and/or stored upon the request of Members. We are not liable for such information. We will, upon obtaining knowledge about or becoming aware of such infringements, act expeditiously to remove or disable access to such information.
In addition to Member Submissions, we also source bibliographical information from various publicly available sources. We do so to enrich our platform with information that is not a Member Submission. We want to promote scientific discourse by adding even more relevant information to our platform. To the extent that content collected from third-party sources, including personal data, is made available by BAScic on the Service, we are unable to control the legitimacy or accuracy of such content. However, we will review any issues that are reported to us.
BAScic strives to connect the world of science. It is essential for the credibility of the world of science and for the reputation of researchers that Members identify themselves using their real names and their true affiliations. You must therefore provide only true and non-misleading statements and use your real name; you may not use pseudonyms or pen names. You may not accept, adopt, or post content that falsely or misleadingly implies an incorrect identity, inaccurate biographical facts, or misleading information about your research, qualifications, work experience, awarded grants, or achievements.
You warrant and represent that all personal data you provide is accurate. You are obliged to update such data when it changes. If you choose to use a profile photo, you must use a photo where you can be clearly identified and for which you have the necessary usage/license rights; images of more than one person, other people, animals, text, graphics and inappropriate content are not permitted.
You are responsible for ensuring that the use or other exploitation of any Member Submissions by you as contemplated by these Terms does not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, patent, copyrights, contract rights, or any other intellectual property or proprietary rights. Except in the case of Member Submissions containing content exclusively in the public domain, you represent and warrant, and can demonstrate to our full satisfaction upon request that (i) you own or otherwise control any and all rights or licenses required in order to submit or share all content in your Member Submissions and you consent to the use of such content as contemplated by these Terms, and (ii) you have full authority to act on behalf of any and all owners of any right, title, or interest in and to any content in your Member Submissions to use such content as contemplated by these Terms.
You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person by whom such content was submitted. We will not be liable for any errors or omissions in any such content. We reserve the right to delete, modify, demote, or reformat any materials, content, or information submitted by you when, in our sole discretion, we deem it to be necessary or appropriate, including if we determine that the content may expose us to harm, potential legal liability, or is in breach of these Terms. We do not endorse and have no control over any content submitted to the Service. We cannot guarantee the authenticity of any Member Submission. You acknowledge that all content accessed by you in connection with your use of the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access to or your inability to access such content.
You are obliged to keep your password confidential at all times. BAScic will not disclose your password to any third party, and will not ask for your password at any time other than during the login process. You are solely responsible for anything that happens through your account, unless you close it or report misuse.
You must not publish, share, sell, or make available information that is provided within the Service to any third party outside the Service, unless such a distribution or disclosure is intended within the scope of and in accordance with the Service. Information made available within the Service is not to be commercialized by Users in any way.
You must not store, process, or use any other User’s personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
In connection with using or accessing the Service, you shall not:
We do not represent that the materials made available in the Service are appropriate or available for use in any particular location. Those who choose to access or use the Service do so, on their own initiative and are responsible for compliance with all applicable local laws, including, if you are in the United States, any applicable export control or foreign assets control regulations.
The software running the Service, the site design and content, the logos and other graphics, articles and other texts, as well as the database are protected by copyright, trademark, and other intellectual property laws in multiple jurisdictions.
We reserve the right to modify the Service or to offer services different from those offered at the time of the User’s registration at any time, in particular under, but not limited to, the following circumstances:
7.1.We introduce new features that enhance the Service;
7.2.To the extent we are required in order to comply with applicable law, including in the event of a change in such laws;
7.3.To the extent we are required to do so because of a legal order or decision by a government authority;
7.4.To the extent the respective modifications are required to mitigate any potential security vulnerabilities;
7.5.If the modification is only beneficial to the Member; or
7.6.If the modification is of a purely technical or process-related nature without any material impact on the Member.
8.1We may change the Terms at any time. You will become subject to the new terms if you explicitly agree to them, or we provide you with notice of the changes. We will provide such notice by sending you an email and/or notifying you on the Service. Unless we state otherwise, changes are effective thirty days from the time they are posted. In our notices, we will inform you of the new terms and the main changes to these Terms, your right to object and the importance of the deadline to object. You are obliged to check your account regularly for a notice about changes to these Terms. For the avoidance of doubt, if you continue to use your Account after the notice period, you agree that you are bound by the changes.
8.2.If you do not agree with the new terms you must close your account.
8.3.If you have a dispute with us, the version of the terms in effect at the time that we receive actual notice of your dispute shall apply.
You may terminate the contractual relationship at any time without cause by deleting your account. In order to protect you from unauthorized deletion of your account, we may be required to perform an identity check before agreeing to delete your account at your request.
BAScic is entitled to immediate extraordinary termination for good cause at any time. Extraordinary termination for good cause is defined as an event which makes it unacceptable for the terminating party to continue the agreement until the end of the termination period, taking into account all circumstances of the individual case and weighing up the interests of both parties. A good cause for BAScic includes, but is not limited to, any of the following events:
In the event of a good cause and notwithstanding our right to terminate, we are entitled to:
If the Member relinquishes or loses the right to use the Service, the following shall survive termination:
BAScic may be liable without limitation for damages resulting from injury to life, limb, or health which occur due to a breach of duty by BAScic or one of its legal representatives or vicarious agents. BAScic may also be liable without limitation for damages owing to a lack of a characteristic warranted by BAScic or due to malicious conduct by BAScic. In addition, BAScic may be liable without limitation for damages due to intent or gross negligence by BAScic or one of its legal representatives or vicarious agents.
Apart from the cases set out above, BAScic’s liability shall be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of BAScic is excluded.
You will indemnify and hold BAScic (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Service, or your breach of any law or your violation of the rights of a third party.
Except as provided below in Section 17 with respect to U.S. Users, these Terms shall be governed by the laws of Kenya, except for its conflicts of laws principles and the CISG (United Nations Convention on the International Sale of Goods).
If the User is a consumer and has their habitual residence outside of Kenya, provisions which, in the absence of choice, would have been applicable and which cannot, by virtue of law, be derogated from by agreement, shall remain unaffected.
Except as provided below in Section 17 with respect to U.S. Users, the courts of Kenya shall have sole jurisdiction over any disputes arising out of or in connection with these Terms.
If the User (i) is a merchant, a legal person under public law, or special funds under public law, and is either a resident of Kenya or resides outside of the Kenya, or (ii) has its residence outside of Kenya, the courts of Kenya, shall have sole jurisdiction over any disputes arising out of or in connection with these Terms.
Statutory provisions regarding exclusive jurisdiction shall remain unaffected.
Any administrative emails from BAScic will be sent to the Member’s current primary email address listed for their account. In the event that the last email address you provided is not valid, or for any reason is not capable of delivering you the notice, our dispatch of the email containing such notice will nonetheless constitute effective notice. For security and privacy reasons, non-personal email address (such as generic company email addresses) may not be listed as contact email addresses for an account.
We are permitted to transfer rights and duties to third parties, in whole or in part. Section 10 applies. If BAScic does not act to enforce a breach of these Terms, that does not mean BAScic has waived its rights to enforce these Terms.
If any provision or portion of these Terms is held to be or becomes invalid, illegal, unenforceable, or in conflict with the law of any applicable jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
These Terms are only available and binding in their English-language version.
Additional Terms of Service for United States residents only (“Additional U.S. Terms”)
The following Additional U.S. Terms apply only to United States residents and apply in addition to the Terms set out above. To the extent they are inconsistent with any previous Terms, the following Additional U.S. Terms shall prevail.
The Service is provided “as is” and we disclaim any and all representations and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for any particular purpose, or non-infringement. We do not promise any specific results, effects, or outcome from the use of the Service. We do not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete, or reliable.
You acknowledge and agree that you assume full responsibility for your use of the Service and the data. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither we (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) nor any of our suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort (including but not limited to negligence), strict liability, or any other theory (even if we have been advised of the possibility of such damages), resulting from your use of or inability to use the Service and/or the data; unauthorized access to or alteration of your transmissions or data; any actions we take or fail to take as a result of communications you send us; human errors; viruses; or technical malfunctions. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for use of the Service over the past twelve (12) months, or one hundred dollars ($100), whichever is greater. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. However, if you are a resident of the State of New Jersey, these limitations and exclusions do apply to you.
If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
The U.S. Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 15 can be enforced and how it should be interpreted.
Apart from that, if you are a United States resident, these Terms and our relationship will be governed by Californian law, except for its conflicts of laws principles.
If you are a United States resident, judicial proceedings that are excluded from the Arbitration Agreement in Section 17 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and BAScic both consent to venue and personal jurisdiction in San Francisco, California.
BAScic based in Nairobi Kenya(“BAScic“, “bioafricascience” “we“, “us“, or “our“) provides the services rendered to you through the bioafricascience website available at https://www.bioafricascience.com, and through any of its web pages and associated applications which may be available on multiple devices, including mobile applications (“Service“).
Our mission is to connect the African scientific community and make research open to all. Connections can only be established when potential connections and commonalities are known and connecting lines can be drawn. Openness can only be achieved with comprehensive accessibility. Our Service takes your work and activities on the Service into account to help connect you with other individuals who are relevant to you and recommend relevant content. We also gather information from external sources, in order to disseminate as much relevant scientific content as possible to drive science forward. Any natural or legal person who, as a recipient of the Service, accesses or uses the Service for any purpose is a User (“User“, “you“). Our registered Users (“Members“) share their professional identities and credentials, display their academic publications, engage and collaborate with their networks, exchange knowledge and professional insights, post and view relevant content, and discover business and career opportunities. Some content is also visible to unregistered or logged-out Users (“Visitors“). A User could be a Member or a Visitor. An Author (“Author“) is a natural person who, for the purpose of our Service, is a member of the scientific community by for example being an author/editor of a publication, being an advisor or recipient of scientific funding. An Author is not necessarily a User or Member of our Service.
2.1.Basic data processedCertain data will be processed when you access the Service, to resolve the technical request of your device, display the site and maintain the safety and security of our systems. This data is stored in so-called logs and comprise the following:
Even though IP addresses and mobile identifiers are generally considered personal data, we can not derive any direct conclusions about your identity from such data.The data processed is very basic data, and does not contain directly identifiable information about you. We have a legitimate interest in being able to provide a functioning, reliable and accessible website and resolve your server-request in an appropriate manner.All of our pages are secured using SSL (Secure Socket Layer) technology, which encrypts data transmitted between our servers and your end devices. We also apply other suitable technical and organizational measures to protect your personal data.
2.2.Personal data we process
In order to provide you with functionalities, we need to process certain data and/or information relating to you:
The following explanations will provide you with information about how we use the personal data that we collect about you, and our legal basis for doing so.
Also, we may use your data to comply with legal obligations, e.g. to observe retention periods required by trade or tax law or to comply with obligations to disclose data based on a legally binding court decision or official order.
More specifically, we may use your data for the following purposes.
We also process personal data relating to Authors that is publicly available and relevant for our Service.
We may obtain a variety of information about Authors from publicly available sources, such as information regarding previous research published, the publication itself (including personal data too) and other functions or references of an Author related to a publication. We may also process information related to an Author, to create a record of their body of scientific contributions, or that might help understand professional connections between Authors and Members. Where an Author’s scientific work was publicly or privately funded, we may also process this publicly available information.
When we collect publicly available materials we do not have a way to ensure that personal data in such materials has been processed in accordance with the applicable laws. However, if you notify us that your personal data contained in such materials is inaccurate or has been processed in violation of applicable data protection laws, we may delete it upon verification of your identity.
The public data processed may be associated with an account when an Author chooses to become a Member.
We and service providers acting on our behalf store log files and use tracking technologies such as cookies, web beacons, tracking pixels, and local shared objects, also known as flash cookies, to collect information relating to you and your use of the Service.
5.1.Basics“Cookies” are small files that enable us to store and collect specific information related to you and your use of the Service on your computer or other end devices. They help us to analyse the number of people who use the Service, usage frequency, User behaviour and advertising effectiveness, to increase security and to tailor our Service and advertisements to your needs and preferences.
These parties might be advertisers or companies that help us disseminate advertisements, measure the performance of our advertisements and/or analyse your use of the Service. These third parties will not receive data that directly personally identifies you. The data shared is limited to identifiers such as IP addresses and cookie IDs. Your name, email address, and other directly identifying data will only be shared with third parties if you explicitly allow us to share this data.
We may also disclose personal data in response to legal process or when the law requires it (for example, in response to a court order) or, to the extent permitted by applicable law, to protect the rights, property, or safety of BAScic, the Service, Users of the Service (including you), and others.
We may use third party service providers, in particular for technical and business services, tax advisors and legal counsel. These service providers receive personal data solely for the performance of their services for us on our behalf. They are contractually obliged not to use personal data for other purposes.
7.2.SafeguardsSome of the third parties with whom your personal data will be shared are located outside of the Kenya, in countries whose data protection laws may not be as extensive as those which apply to us. If we transfer your personal data to countries outside of Kenya or which do not offer adequate and similar protection, we will ensure that we do this in accordance with applicable data protection regulations. We will do this with a view to ensuring that the level of protection applied to the processing of your personal data in these countries is similar to that applied within the European Economic Area.
For Members, we generally store their personal data as long as their account is active.
If you have created an account, you can close it yourself in your ‘Account Settings’. If you request that we close your account for you, we might ask for proof of identity before doing so.
We may also close inactive accounts or accounts that are used in violation of our Terms & Conditions or any applicable law.
Immediately after closing an account, it will not be accessible/visible anymore. Please note that closing an account is irreversible.
For Members, we will retain personal data from closed or inactive accounts to the extent and as long as it is necessary and relevant for our operations and/or to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms & Condition and/or take other actions otherwise permitted by law.
In general, personal data from closed or inactive accounts will be deleted or anonymised from our system backups one year after the account is closed or deactivated.
We only keep personal data for the time strictly necessary in order to enable the use of our Service and/or to fulfil the purposes identified above, and/or to comply with any legal or regulatory obligations. In all other cases, we delete your personal data with the exception of such data that we are required to retain for the purpose of contractual or statutory (e.g., taxation or commercial law) retention periods. In particular, we keep payment and invoice related information or support inquiries to the extent required by trade and tax law for the statutory retention periods (ten, respectively six years).
We do not engage in automated individual decision-making, including profiling.
In addition to your rights to withdraw any consent you may have granted or exercise any opt out option we provide, you may be entitled to exercise some or all of the following rights:
You have the right to object to all types of processing, based on grounds relating to your particular situation. To the extent we process your personal data pursuant for direct marketing purposes, you can object to such processing at any time without giving a particular reason.
You may (i) exercise the rights referred to above or (ii) pose any questions or (iii) make any complaints regarding data processing by contacting using the method below.
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