Terms & Conditions
Terms And Conditions You need to read and agree to our terms and conditions to proceed.
Acceptance of Terms.
1k Challenge provides its Service (as defined below) to You through its mobile application located on the various app stores (the “App”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or accessing or using the Service or App, You acknowledge that you have read, understood, and agreed to be bound by this TOS. Suppose You are entering into this TOS on behalf of a company or other legal entity. In that case, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service. 1k Challenge may change this TOS from time to time. Notice of changes will be displayed on africa1kchallenge.com and also sent to you via your email address (which 1k Challenge has on file when you signed up). You can review the most current version of this TOS at any time at africa1kchallenge.com/terms. The revised terms and conditions will become effective immediately upon posting. Your use of the Service after that date will be treated as your acceptance of the revisions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
Description of Service
The “Service” includes (a) the africa1kchallenge.com App, (b) the 1k Challenge tool including all Apps, Integrations and features applicable to Your agreement (c) all software, data, text, images, sounds, video, and content made available through the App or services (collectively the “Content”). Any new features, development and upgrades to or augmenting the Service are also subject to this TOS.
General Conditions
Access and Use of the Service. Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to 1k Challenge. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with 1k Challenge, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining your login and account confidentiality and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your agreement allows. 1k Challenge reserves the right to access any or all of your accounts in order to respond to your requests for technical support. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to 1k Challenge’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. The failure of 1k Challenge to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and 1k Challenge, even though it is electronic and is not physically signed by you and 1k Challenge, and it governs your use of the Service and takes the place of any prior agreements between You and 1k Challenge. None of your personal data, or data that you enter into the system, except demographic data you submit to us when connecting with our Service upon signing up, will be used by 1k Challenge for our marketing purposes or to share with third parties other than those mentioned in 3.4.
Trademarks
1k Challenge” and 1k Challenge’s various logos used or displayed on the Service are trademarks of 1k Challenge, and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the 1k Challenge products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
1k Challenge provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. 1k Challenge uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for 1k Challenge. Please visit https://africa1kchallenge.com/privacy to understand how 1k Challenge collects and uses personal information.
Cancellation and Termination.
You are responsible for properly cancelling your account. The account owner can cancel the account at any time by clicking on the Settings link after logging in, then clicking the Contact Us for Account Changes link. There are no other means of cancelling your account. All of your content will be deleted from the Service within twenty-four (24) hours upon cancellation. This information cannot be recovered once your account is cancelled. If You cancel the Service, your cancellation will take effect immediately, and you will not be charged again. 1k Challenge reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if 1k Challenge believes that You have violated these TOS. 1k Challenge will use best efforts to publish on the App, alert you via your login portal or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. 1k Challenge shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
DISCLAIMER OF WARRANTIES. THE SERVICE, INCLUDING THE APP AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND 1k Challenge EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT 1k Challenge DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM 1k Challenge OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL 1k Challenge BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, 1K CHALLENGE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, 1K CHALLENGE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Assignment. 1k Challenge may assign or transfer this TOS, in whole or in part, without restriction.
Export Compliance. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components. Governing Law. These TOS shall be governed by the laws of England and Wales without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of England and Wales for the purpose of resolving any dispute relating to your access to or use of the Service.
Governing Law. These TOS shall be governed by the laws of England and Wales without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the UK courts for the purpose of resolving any dispute relating to your access to or use of this App.
