TERMS & CONDITIONS

Introduction

These General Terms and Conditions (the “General Terms”) govern your use of the website on which they appear at www.hea-eastafrica.com (the “Website”) and our provision of various online services and resources via that Website (the “Services”).

These General Terms incorporate our Privacy Policy which describes (among other things) how we will use any personal information collected as a result of your use of the Services. For more information, please see our full Privacy Policy.

Please read these General Terms (including the Privacy Policy) as well as any Additional Terms carefully, before using any part of our Website or Services. By using the Website, you confirm that you accept the General Terms, the Privacy Policy and any relevant Additional Terms and that you agree to comply with them.
You should print a copy of these General Terms, the Privacy Policy and any relevant Additional Terms for future reference. If you have any questions, please refer to our FAQs page.

What this means

Find out about the terms and conditions that you must follow when you use our website and services; for more information click on the links.

Who we are

The Website is brought to you by The HIGHER EDUCATION AWARDS – EAST AFRICAN are awards organized to widely recognize different scholars of the higher education sector and will be the most prestigious of the kind in the region more so at a time when discussion about universities has been reduced to terms of economic impact and output alone; the stories behind the winning entries will paint a far richer picture for our region.

Each year we shall be attracting hundreds of entries that exemplify the talent, dedication and innovation of individuals and teams across all aspects of university life, showing us countless reasons why our institutions continue to prosper in the region and the world at large. And also, we shall show case the importance of universities to the health and well-being of countries as well as prosperity and anyone that doubts or thinks that excellence is the preserve of one segment of our system –needs only to follow our entries in our magazine to witness by their eyes.

Our esteemed judging panel will slog over this treasure trove of excellence at our awards evening – where well over people will gather for dinner in the largest available room (venue). This will give us the perfect opportunity to celebrate and reflect on the extraordinary extensiveness and depth of our higher education sector.

Changes to Terms

The General Terms and any Additional Terms may be updated by us from time to time. We will post any changes that we make on this page and will indicate at the top of the page (or on the first page of any Additional Terms) the date that the relevant terms were last revised.

Your continued use of our Website and/or Services after any such changes has been made and constitutes your acceptance of the new General Terms and/or Additional Terms. If you do not agree to these changes, please do not use or access (or continue to use or access) our Website and/or Services.

What this means

From time to time we may change our terms and conditions. By continuing to use our website and services, you’re agreeing to the new terms and conditions.

Registration by you and your online HEA-EA account.

Certain aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide accurate and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update this information (by using the appropriate forms on our Website or emailing us at help@highereducationawards.com. We may terminate your account and any or all rights that you have been granted to make use of our Website, if any information you provide is inaccurate, false, or incomplete.

The registration processes on our website may involve you creating a password to enable you to access your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree that we have no responsibility or liability for the deletion or failure to store any messages, other communications or other content maintained or transmitted by our Services.

We reserve the right to de-activate accounts that are inactive for an extended period of time.

What this means

When you register to use our website, you’ll need to give us some personal details. Once your account is set up, you’ll be responsible for keeping your account details safe and making sure that no one else uses your account.

User-Uploaded Content

Our Website allows you to upload content (“User-Uploaded Content”) for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment with other users. You acknowledge that all User-Uploaded Content is the sole responsibility of the person from which such content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content.

Please be aware that any user who is aggrieved by your User-Uploaded Content may take legal action against you. This could result in data concerning your identity being disclosed and you having to pay compensation to the aggrieved party.

We do not pre-screen User-Uploaded Content but we have the right to monitor User-Uploaded Content if we wish. If we determine that any User-Uploaded Content is inappropriate or otherwise objectionable, we may remove any User-Uploaded Content from the website without any liability to you or to a third party.

What this means

You are responsible for the content that you upload to our website. However, we may remove it if we think it’s unsuitable.

Use of content you upload

When you upload User-Uploaded Content to our Website, you will (assuming you are the owner of the content) retain all intellectual property rights in such content. This means that you will be able to modify or remove your User-Uploaded Content as you wish.

To enable us to provide our Services and host your User-Uploaded Content, we require a license. Similarly, third party users of our website will require a license from you to enable them to make use of your User-Uploaded Content. This content is all content that you upload (primarily comments and forum posts).

In respect of content, you grant us and each of our affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) license to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate into other works in any form, media, or technology.

What this means

You’ll still own the intellectual property rights to any content you upload, but you’ll allow us, and others, to use it.

Your use of other people’s content

Services that we provide, allow you to use third party users’ User-Uploaded Content within our website. You acknowledge that your use of such User-Uploaded Content does not entitle you to any intellectual property rights to such User-Uploaded Content. All User-Uploaded Content will be governed by the relevant “upload” license applied by the person uploading the content (third party user).

What this means

When you use other peoples’ uploaded content, you will not own any intellectual property rights in it.

Objections to User-Uploaded Content

You acknowledge that by using our website, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable.
If you object to the publication of any User-Uploaded Content made available through our Website, please let us know by clicking on the ‘Report abuse’ link next to the relevant post/message. This is the fastest way to notify us.
In order to protect you, HEA-EA operates a notice and take-down policy and will remove any content that is reported or complained about, to enable us to investigate the complaint.

What this means

If you object to any content on our website, please report it.

HEA-EA’s proprietary rights

Unless otherwise indicated, S&S Investments Limited is the owner or the licensee of all intellectual property rights in our Website and/or Services (including any content made available through our Website and/or Services and the underlying source code with regards to the software that we use). S&S Investments Limited grants you a personal, non-transferable and non-exclusive license to use our Website and specific Services for their intended purpose, subject to your compliance with these General Terms.

 What this means

We own or license all the intellectual property rights in our website and services, but we give you permission to use them.

Your use of our Website

You agree that you will not use our Website (including Services) to: Upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that: You do not have a right to transmit or that infringes the intellectual property rights of any party.

  • Is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory.
  • Amounts to unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or prohibited marketing content including (but not limited to) illicit marketing to children.
  • Contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user’s ability to access and use the Website and/or Services.
  • Impersonate any person or entity, including, but not limited to, HEA-EA staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services.
  • Harm or attempt to harm minors in any way.
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Collect or store personal data about other users.
  • Use data mining, robot, spider, scraping or similar automated data gathering, and extraction or publication tools for any purpose.
  • Post content which refers to individual schools, colleges or agencies – or their staff – whether by name or identifiable by a penname or any other means.
  • Compete with HEA-EA.
  • Advertise any job vacancies in any area of our forums (other than through a Service which is clearly designated as a recruitment service).
  • Breach any license you have been granted to make use of any User-Uploaded Content.
  • You should not reproduce, copy, modify, create derivative works from or communicate or make any of the content of our Website or Services available to third parties without HEA-EA prior written consent.
  • None of the above alters any rights granted directly to you under the terms of the relevant “upload” license in respect of any third party User-Uploaded Content, or alters any other rights you may have where other license terms are explicitly expressed to apply to content or third party User-Uploaded Content.
  • If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and accept that:
  • You have all necessary power and authority to enter into and perform your and its obligations under these General Terms.
  • You have taken all requisite corporate and other action to approve the entering into and performance of these General Terms and shall provide evidence of that action to HEA-EA on request.
  • Once agreed and accepted, these General Terms will constitute legal, valid and binding obligations of and on such Institution or company.
  • An “Institution” means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, local authorities, school groups, further education colleges and higher education universities.

What this means

You must follow the rules set out here when you use our website and services.

Confidential Information

You acknowledge that any Confidential Information (as defined below) which you obtain from your use of our Services constitutes the valuable, confidential, proprietary information of HEA-EA and its licensors, and you agree that you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these General Terms or as required by law.

For the purposes of these General Terms, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of HEA-EA, its users and members, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential.

What this means

You won’t share any confidential information you discover by using our website and services with anyone else, without our permission.

Termination

We may terminate your access to the Website and/or use of the Services, with or without notice and without liability to you or any third party. We may also remove and discard any User-Uploaded Content on our Website for any reason and at any time, including, but not limited to, believing that you have breached our General Terms.

We may also take any other necessary action we deem reasonable in connection with a breach of these General Terms.

What this means

We may stop you using our website and services, or remove content you’ve uploaded, at any time.

Modifications to the Website and/or Services

We reserve the right at any time to modify, suspend or discontinue a Website or the provision of a Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Website or a Service other than as required by law.

What this means

From time to time, we may change or stop a website or service that we provide.

Limitations of Liability

Our liability to you in relation to these General Terms and your use of the Website and/or any Service is limited to the greater of: (a) $100 and (b) the price paid by you to us under any contract for paid services during the 3 months before the event giving rise to the claim.

You acknowledge and agree that we shall not be liable for any

(i) loss of profits, sales, business or revenue
(ii) loss or corruption of data, information or software
(iii) loss of business opportunity
(iv) loss of anticipated savings or
(v) any loss which is not reasonably foreseeable.

Any communications or transactions with advertisers, merchants and any other third party found on our Website are solely between you and them. To the fullest extent permitted by law, we will not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants on our Website.

We do not endorse any of the advertisements provided on our Website.

On a Website, we, or a third party may provide links to other website or resources. We have no control over these website and resources and are not responsible or liable for the availability or content found on them.

You expressly acknowledge and agree that:

Your use of our Website (including our Services), is at your sole risk. We have made every effort to ensure that content on our Website and made available through our Services is accurate, up to date and correct at the time of publication. However, our Website and Services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content we provide on our Website or through our Services, or that use of our Website will be uninterrupted, virus-free or error-free. Accordingly, you acknowledge that our Website or Services may be unavailable for use or inaccessible from time to time. We accept no responsibility for any errors, omissions or inaccurate information on our Website or available through our Services.

The content on our Website and any content made available via our Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services. It is not a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of our Website and any content made available via our Services does not address your particular circumstances and accordingly, you should not rely upon the content of our Website or Services as a substitute for proper professional advice. We accept no responsibility for any reliance placed on information or content provided on our Website or through our Services.

No advice or information, whether oral or written, obtained by you from us shall create any warranty or other obligation not expressly stated in these General Terms.

What this means

You use our website and services at your own risk. 

Force Majeure

Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under our General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to):

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of aircraft, motor transport or other means of public or private transport.
  • Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
  • The acts, decrees, legislation, regulations or restrictions of any government.

We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the General Terms or any related contract between us may be performed despite the Force Majeure Event.

What this means

We are not liable for events outside our control.

General information

These General Terms (and any documents referred to, including the Additional Terms and the Privacy Policy) constitute the entire agreement between you and us in relation to your use of our Website and Services, superseding any existing prior agreements.

These General Terms represent a contract between us and you, which are governed by and interpreted in accordance with the laws of East African Community. We both irrevocably agree that any dispute or claim arising between us shall be adjudicated exclusively by the Courts of East Africa, although we may enforce any judgment of such Courts in courts in any other jurisdiction in which you are located.

Any term which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement.

Any failure by us to exercise or enforce any right or provision of these General Terms shall not constitute a waiver of such right or provision.

What this means

These General Terms are a contract between you and us, and any dispute between us will be settled in court.

Complaints about our Website and Services

If you object to anything on our Website, please let us know by sending an email explaining your concern to help@hea-eastafrica.com and we will take whatever action we deem appropriate.

If you are unhappy with the way a complaint about editorial content is dealt with, or believe that content is in breach of the Independent Press Standards Organization Editors’ Code of Practice, please be aware that you can raise your complaint with IPSO by following the steps given here.

What this means

If you have a problem or concern with our website or services please contact us

This section will be as indicated in the key notes, it must not have a tab, its just a link

Privacy Policy

S&S INVESTMENSTS LTD is committed to protecting the privacy of all individuals in respect of whom we hold personal information. HEA-EA includes our trading activities that are branded HEA-EA. Please read the following Privacy Policy which explains how we use and protect your personal information. This Privacy Policy applies to use of all our services and website (and web-based services) on which a link to this policy appears (the “Sites”).

For the purpose of the Data Protection Act 1998 or any replacement legislation including the Global Data Protection Regulation (the “GDPR”) (together, the “Data Protection Legislation”), the data controller is S&S Investments limited.

We take your privacy seriously and we are committed to keeping your information private. To the extent we are required by law.

By providing us with any information about yourself (including via the Sites), you consent to our processing of your personal information in accordance with this Privacy Policy and our Cookies Policy.

This Privacy Policy covers

  • What personal information we collect about you and how we collect it
  • How we use your personal information
  • Personal information that we share with third parties
  • Our legal basis for collecting and using your personal information
  • Data retention, data security and transfers of personal information outside of the
  • Your rights
  • Accessing and updating your personal information
  • How to unsubscribe from any email alerts that you receive
  • Changes to our Privacy Policy
  • Legal and Contact Information
  1. What personal information we collect about you and how we collect it

Information that you provide us directly

We collect personal information whenever you contact us and provide us with information that we are able to identify you by, including when you contact us by phone, email or when you sign up to use any of our services. In particular, we collect information about you when you register and create a HEA-EA account, post content on our Site (such as on any forums or chatrooms), upload your CV, purchase a product from us (such as through the HEA-EA Store), subscribe to receive a product or service that we offer (for example, a magazine subscription), subscribe to receive email updates from us, take part in a competition or market research and every time you e-mail us directly. We also collect information about the payment methods that you use for any transactions that you make with us.

  1. Content posted by you containing personal informationIf you post any personal information to any of our public forums, this information will immediately be made available to other users throughout the world who may use it to send you unsolicited communications. In some circumstances we may display pennames that identify you as a user but not your actual personal information (your username for example) when you post material to the Site to allow users to identify each other.
  1. Information that we automatically collect (including use of “cookies”)We automatically gather certain limited information about your visits to our Site. This includes demographic data and browsing patterns. Information automatically received includes your: IP address (which identifies the computer or device that you use to access the Sites); the time and date of your visit; browser; operating system; internet connection details, as well as a breakdown of your journey through our Site and products that you searched for. This is used to build up marketing profiles, to aid strategic development, to manage our relationship with advertisers and to audit usage of the Site.

iii. Use of Cookies

In particular, we use cookies to collect this information. A cookie is a small collection of data sent by a web server to a web browser, which lets the server collect information back from the browser. Our use of cookies also may allow registered users to be presented with a personalized version of the Site.

Please note that if you do disable cookies, certain services on our Sites may not be available. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. If you reject all cookies, you will not be able to use products or services that require you to “sign in” and you may not be able to take full advantage of offerings or use on our Site.

For more independent information about cookies, visit www.aboutcookies.org.

  1. Information that we collect from third partiesCertain third-party partners of HEA-EA may provide us with information relating to you. It is that third party’s responsibility to ensure that it has obtained your consent to do this. However, where possible, we will request from our partners that they have the right to pass on this information.
  2. How we use your personal informationWe will use your personal information to enable us to provide our Services to you and enable you to use the Sites, including, for the following purposes:
  • to authenticate your identity and administer your HEA-EA account;
  • to personalize aspects of our services;
  • to deal with your enquiries and requests;
  • to process your orders for any services or products that you purchase from us; and
  • to enable our data processors (such as our group companies and hosting providers) to provide services (or components thereof) requested by you.

Additionally, where you have provided us with consent, we will also use your personal information for certain other purposes, including:

  • to share with recruitment institutions (if you are applying for a job);
  • to contact you about opportunities that we believe may be relevant to you and to provide you with updates about developments on the Sites and information about the products and services we offer;
  • to carry out market research or surveys;
  • for marketing and strategic development purposes, for example to identify trends usage; and
  • to enable third parties to contact you in relation to services offered in conjunction with us or in respect of services that they provide.

It is your responsibility to ensure that any information submitted as part of the registration process to your user account or as part of an application to a job posting is accurate and up to date.

  1. Personal information that we share with third parties
    In order to provide the services offered on our Sites, we sometimes need to share your personal information with other companies in the S&S Investments Limited. However, we will continue to be responsible for the usage and security of your personal information when this happens.HEA-EA‘S data processorsWe may also share your personal information with third party processors or suppliers that we engage to provide services to us and/or support our offering to you (such as our hosting providers). These third parties may need to process your personal information on our behalf to provide such services. Where this is the case we take great care to only appoint reliable third parties who can guarantee the security of your personal information and our business information. For example, we ask each such third party to complete an information security questionnaire to ensure their practices and procedures provide the level of security that we would expect (and is required under law) when processing personal information.  Note that these third parties simply process personal information on behalf of HEA-EA and have no right to use, disclose or transfer your personal information in any other way. Please see below in relation to our policy for transfers of personal information outside the HEA-EA.

Third parties that we share your personal information with 

Where you have provided us with consent, we will share your personal information with other third parties (who will also be data controllers in respect of the information that we share).

To the extent you have any concerns about an institution’s handling of your personal information you should get in touch with that institution.

Other circumstances where use or share your personal information

In certain circumstances, we may be required at law to disclose your personal information to third parties such as government bodies, law enforcement agencies, and data protection regulators.

  1. Our legal basis for collecting and using your personal informationWe are required to collect and use personal information in accordance with, and in a manner justified by, the Data Protection Legislation. In doing so, we rely on one or more of the following grounds to legally collect and use your personal information:
  • we may process your personal information where this is necessary for the performance of the contract which we have with you (i.e. to provide our services to you);
  • we may process your personal information where you have consented to us doing so; and/or
  • we may process your personal information where it is in our legitimate interests to do so, for example:
  • to analyze and create statistical reports based on the services we provide and our performance of those services; and
  • for the proper keeping of business records.

Where we rely on your consent to process any of your personal information, you may revoke your consent at any time. Any such revocation will not affect the lawfulness of any prior use of that personal information.

  1. Your rights

Should you have any queries or complaints in relation to how we use your information, please contact us via the details set out at section 9 below.  Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner’s Office regarding such issues.

  1. Accessing and updating your personal information

You have the right to see the personal information we hold about you and to ask us to: (a) make any changes to ensure that any personal information we hold about you is accurate and up to date; (b) erase or stop processing any personal information we hold about you where there is no longer a legal ground for us to hold it; or (c) transfer any information we hold about you to a specified third party. If you wish to do this, please contact us using the contact details set out below. We may charge a $20 fee for complying with some of the requests made under this section if they are made past two months of submission

  1. How to unsubscribe from any email alerts that you receive

If you have elected to receive information about our products or services or the products or services offered jointly with or on behalf of other organizations and/or “alerts” from us via email (for example, by creating an email alert for a job) and would like at any time to unsubscribe from this service, please email us at help@hea-eastafrica.com or click on the “unsubscribe” link at the bottom of an email.

  1. Changes to our Privacy Policy

HEA-EA may amend this Privacy Policy at any time and where we make material changes to it we will provide notice on our website. By continuing to use our services and/or our Sites, you agree to the updated Privacy Policy. If you do not agree to any changes that we make, you should not use or access (or continue to use or access) our services and/or our Sites.

  1. Legal and Contact Information

We will use all reasonable efforts to answer any questions or resolve any concerns regarding your privacy promptly.

All comments, queries and requests relating to our use of your personal information are welcomed. If you would like to contact us, queries should be emailed at to help@hea-eastafrica.com

KEY NOTES:

  1. All tab sections must have links to social media:
  2. The Faqs Tab should have text in justified alignment in two columns
  3. All tabs must have down the Contact, Terms & Conditions, Privacy Policy
  4. Sponsors will have a down scroll from left to right (Or in a better transitional way)
  5. Registration & Nominee Registrations