Fokana Terms of Use

a. Your Account. To access certain features of the Services, you must create an account (“Account”). You agree to keep your Account information up to date, ensuring it remains current, complete, and accurate where applicable. It is important to recognize that providing false, incomplete, misleading, or inaccurate information may result in the termination of your Account and your access to the Services.

b. You commit to safeguarding the security of your Account. You are accountable for all activities associated with your Account, which includes your login credentials (such as your username and password) as well as activation codes and passwords. FOKANA INTERNATIONAL considers access to the Services via your account credentials as permitted by you. Accessing password-protected or secure areas without authorization is not allowed and could result in criminal prosecution. FOKANA INTERNATIONAL reserves the right to suspend your access to all or part of the Services without prior notice if we suspect or identify any security breach. If you believe that the information you provided to us is no longer secure, or if you need to deactivate your account or password, please notify FOKANA INTERNATIONAL immediately using the contact information below.

c. Utilizing the Services. You are accountable for the software, hardware, and Internet service required to access and utilize the Services. When you access and use the Services on your smartphone, tablet, or other mobile device, you take full responsibility for any and all data and other charges associated with that access and use of the Services.

d. The Services may provide text messaging (SMS or MMS) capabilities. Standard message and data rates might be applicable. After you choose to receive text messages from us, the number of messages you receive will be based on your transactions with us. All charges are invoiced by and must be paid to your wireless service provider. Kindly reach out to your wireless service provider for information regarding pricing plans and additional details. Text message services are offered on a “as is” basis and may not be accessible in all locations at all times.

YOU ACKNOWLEDGE AND AGREE THAT FOKANA INTERNATIONAL MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU, AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION TO USE THE SERVICES. This is something that you acknowledge and agree to by agreeing to receive text messages.

It is not possible for us to guarantee that the Services will be accessible at all hours of the day. Additionally, FOKANA INTERNATIONAL has the right to execute upgrades, updates, or other actions that may render the Services unavailable at any time. We retain the right to alter, remove, delete, limit, prevent access to, or discontinue offering any or all aspects of the Services at any time and without prior notice. This right extends to the utmost degree that is permitted by the current legislation. There is no responsibility placed on FOKANA INTERNATIONAL to provide access to the Services or assistance for them in any kind.

For you to be able to use the Services, you must be at least 13 years old. You are confirming that you are at least 13 years old by registering for an account with us.

At the very top of this page, you will see the precise date that these Terms will go into effect. In the event that we introduce new features, we reserve the right to modify or add to these Terms. You will be notified of any changes to these Terms at any time, and FOKANA INTERNATIONAL maintains the right to make such changes. If we are not legally obligated to do so or if we are concerned about the safety of other users of the Services, we will not make any changes that will have an impact that is retroactive. You acknowledge that you will monitor these Terms on a regular basis for any modifications, and you are free to check the most recent version of these Terms at any time by visiting https://www.fokanainternational.com/check Terms of Use. Despite the fact that you have not yet gone through the process of reviewing the revised Terms, your continuous use of the Services after the effective date of any amended Terms implies that you accept the updated Terms. In the event that you do not agree to the Terms at any point in time, you are required to terminate your Account and cease using the Services.

a. Within the Services, you could come across links or references to websites belonging to third parties, which are referred to as "Linked Sites." Each and every one of the Linked Sites, as well as the information, goods, and services that are included on any of the Linked Sites, are not endorsed or sponsored by FOKANA INTERNATIONAL. Linked Sites are subject to their own privacy policies and terms of service, which govern their usage. In order for you to make use of the Services, it is possible that you may be required to make use of or acquire additional items or services. These may include a mobile device, internet access, and a data connection. The acquisition or use of any items or services must be done independently, and you are responsible for paying any and all related fees (including those for internet connection or other data transfer).

b. In order to offer certain support within the Services, the Services may make use of the corresponding Google Maps API(s). By using the Services, you are indicating that you are willing to be bound by the Terms of Service that are applicable to Google, which may be found at https://developers.google.com/maps/terms.

Conditioned on your compliance with these Terms, including but not limited to Section 6 below, FOKANA INTERNATIONAL grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the Services for your personal, non-commercial use on a mobile device owned or otherwise controlled by you.

a. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the Services or use the Services in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, the Services or any content, file, or other work;

b. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of any individual Services, except and only to the extent that applicable law expressly permits, despite this limitation;

c. You must not download or copy the MyFokanaInternational Mobile App or any FOKANA INTERNATIONAL Content (as defined below), except as expressly permitted in Section 5;

d. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the Services or any features or functionality of the Services to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;

e. You must not modify or make any derivative works of the Services, in whole or in part;

f. You must not remove any proprietary notices or labels from the Services or any copy thereof;

g. You must not to interfere with the proper functioning of the Services or use it: (i) as a platform for external applications; or (ii) to develop applications, services, websites, or any other functionalities that leverage the MyFokanaInternational App or any portion thereof;

h. You must not make any use of the Services in any manner not permitted by these Terms or the documentation; and

i. You must use the Services in compliance with all applicable laws.

a. Fokana International Content. FOKANA INTERNATIONAL and its licensors retain full and complete right, title, and interest in and to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “FOKANA INTERNATIONAL Content”). The name “Fokana International Clubs International” and the FOKANA INTERNATIONAL Logo, and certain other trademarks used in the Services, are trademarks of FOKANA INTERNATIONAL or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by FOKANA INTERNATIONAL that appear in the Services are the property of their respective owners.

You may download, print and/or copy FOKANA INTERNATIONAL Content solely for your own personal use.

Except for content that is in the public domain or unless FOKANA INTERNATIONAL provides you with written authorization to do so, you may not:

• Incorporate any FOKANA INTERNATIONAL Content into any other work (such as your own website) or use FOKANA INTERNATIONAL Content in any public or commercial manner;
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell FOKANA INTERNATIONAL Content in any form or by any means;
• Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the FOKANA INTERNATIONAL Content; or
• ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

b. Submissions. FOKANA INTERNATIONAL may from time to time offer areas in the Services where you and other users can share suggestions, ideas or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

• Your Submission is true and accurate;
• You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to FOKANA INTERNATIONAL under these Terms;
• Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, or otherwise offensive or unlawful; and
• Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

You acknowledge and agree that FOKANA INTERNATIONAL has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allow posting of any Submission. FOKANA INTERNATIONAL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.

By sharing your Submissions, you grant FOKANA INTERNATIONAL and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand, or promote the Services and FOKANA INTERNATIONAL’s products, without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

FOKANA INTERNATIONAL encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.

You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Services other than the right to use the Services in accordance with these Terms. FOKANA INTERNATIONAL reserves and retains its entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.

FOKANA INTERNATIONAL has no obligation to and may not provide support in relation to the Services or your Account. FOKANA INTERNATIONAL does not guarantee availability of the Services or your Account and your access is permitted only if and when they are available. Your use of the Services and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons.

You may terminate your Account or your use of the Services at any time. To the maximum extent authorized under applicable law, FOKANA INTERNATIONAL reserves the right to suspend your Account, your use of the Services, and discontinue your access to content provided or made available to you through the Services at any time without notice. Sections 6–18 and 21–23 of these Terms will survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOKANA INTERNATIONAL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, FOKANA INTERNATIONAL HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SERVICES WILL:

• (i) BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS;
• (ii) BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY;
• (iii) MEET YOUR REQUIREMENTS; OR
• (iv) BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOKANA INTERNATIONAL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF:

• Data or privacy,
• Revenue,
• Profits,
• Property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals),
• Or for injury or death,

arising from or relating to these Terms, your Account, or the Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, FOKANA INTERNATIONAL’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES, WILL NOT EXCEED $5.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11, 12, OR 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

IF YOU LIVE IN OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY DAMAGES LIMITATIONS WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 11, 12, OR 13 MAY NOT APPLY TO YOU.

The disclaimer and limitation of warranties and the exclusion of damages under Sections 11, 12, and 13 are independent of your exclusive remedies in these Terms, and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or otherwise are deemed unenforceable.

Each of the limitations in Sections 11, 12, and 13 apply without regard to whether loss, liability, or damage arises from:

• (i) breach of contract,
• (ii) breach of warranty,
• (iii) fault or tort, including negligence and misrepresentation,
• (iv) strict liability, or
• (v) any other cause of action,

to the extent the exclusions and limitations are not prohibited by applicable law.

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

• Fokana International
• Email – Click here to email

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

You agree to defend, indemnify, and hold FOKANA INTERNATIONAL, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from:

• (i) your use of the Services, and activities occurring under your Account (including any Submissions);
• (ii) any violation of these Terms; or
• (iii) your violation of any other party’s rights or applicable law.

FOKANA INTERNATIONAL reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FOKANA INTERNATIONAL in asserting any available defenses.

FOKANA INTERNATIONAL may give you all required notices (including legal process) by any lawful method, including by posting notices on the MyFokanaInternational App or by sending it to any email address that you provide to FOKANA INTERNATIONAL.

You agree to send FOKANA INTERNATIONAL notices by email to Legal Fokana International.

FOKANA INTERNATIONAL respects the intellectual property rights of others. If you believe that any material available on the Services infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:

Email: Support Fokana International

To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:

• a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
• d. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services provided is infringing, you should contact an attorney prior to sending notice. After receiving notice, FOKANA INTERNATIONAL may remove or disable access to infringing material.

If you are not a United States resident and you are accessing the Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

FOKANA INTERNATIONAL’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States:

• (i) You consent to the transfer, storage, and processing of your information (including Submissions and personal data) to and in the United States and/or other countries;
• (ii) If you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services;
• (iii) You agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject FOKANA INTERNATIONAL or its affiliates to any registration requirement within such jurisdiction or country.

These Terms are governed by the laws of the State of Illinois, without reference to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the federal and state courts in DuPage County, Illinois, other than for actions to enforce any order or judgment entered by such courts.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR MYFOKANAINTERNATIONAL APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You and FOKANA INTERNATIONAL intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Where these Terms are translated into languages other than English for your convenience, the English language version is controlling.

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and FOKANA INTERNATIONAL agree that if any provision is deemed unenforceable, where possible it will be modified to the extent necessary to make it enforceable, which may include its deletion.

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.”

FOKANA INTERNATIONAL may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Services, or under these Terms.

If, at any time, FOKANA INTERNATIONAL fails to respond to a breach of these Terms by you or others, that failure will not waive FOKANA INTERNATIONAL’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on FOKANA INTERNATIONAL if it is in writing and signed by FOKANA INTERNATIONAL.

These Terms (including any incorporated terms or policies) constitute the entire agreement between you and FOKANA INTERNATIONAL with respect to your Account and the Services. Both you and FOKANA INTERNATIONAL warrant to each other that, in entering these Terms, neither FOKANA INTERNATIONAL nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.

No one other than you and FOKANA INTERNATIONAL, or FOKANA INTERNATIONAL’s successors and permitted assigns, will have any right to enforce any of these Terms.