Welcome to AfEI. Please read these Terms of Service (“TOS”) prior to registering for an account on africanenterprise.institute or using any portion of the AfEI website or mobile applications (collectively, the ” AfEI Site,” which consists of all content and pages located within the africanenterprise.institute web domain and all AfEI mobile applications), including accessing any course material, chat rooms, or other electronic services. These TOS that follows are agreements (the “Agreements”) between you and African Enterprise Institute. By using the AfEI Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. Please also read the Privacy Policy for the AfEI Site before you use any portion of the AfEI Site. The Privacy Policy describes how your personal data is collected and processed when you use the AfEI Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the AfEI Site.

AfEI reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the AfEI Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

Rules for Online Conduct

You agree that you are responsible for your own use of the AfEI Site and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the AfEI Site by you or other users of the AfEI Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the AfEI Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

As a condition of your use of the AfEI Site, you will not use the AfEI Site in any manner intended to damage, disable, overburden, or impair any AfEI server or the network(s) connected to any AfEI server or to interfere with any other party’s use and enjoyment of the AfEI Site. You may not attempt to gain unauthorized access to the AfEI Site, other accounts, computer systems, or networks connected to any AfEI server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the AfEI Site, its servers, or associated computers through any means not intentionally made available through the AfEI Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.

Furthermore, you agree not to scrape, or otherwise download in bulk, any AfEI Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the AfEI Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

Strictly Prohibited Items

THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE AFEI SITE:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the AfEI Site.

User Accounts

In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g., your year of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the AfEI Site.

Your Right to use Content on the AfEI Site

Unless indicated as being in the public domain, the content on the AfEI Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the AfEI Site, the texts, exams, video, images, and other instructional materials provided with the courses and programs offered on the AfEI Site are for your personal use in connection with those courses and programs only. Certain reference documents, digital textbooks, articles, and other information on the AfEI Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the AfEI Site, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the AfEI Site. All rights in the AfEI Site and its content, if not expressly granted, are reserved.

Use for Personalization and Pedagogical Improvements.

Our goal is to provide current and future visitors to the AfEI Site with the best possible educational experience. To further this goal, we sometimes present different users with different versions of course materials and software. We do this to personalize the experience to the individual learner (to assess the learner’s level of ability and learning style, and present materials best suited to the learner), to improve our understanding of the learning process, and to evaluate and improve the effectiveness of our course materials, payment models, platform features, and offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under the Privacy Policy, those publications or public disclosures will not include your personal information.

User Postings

User Postings Representations and Warranties.

By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize AfEI and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not AfEI, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to AfEI and the Members.

By submitting or distributing your User Postings, you hereby grant to AfEI and the Members (as described below) a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

CERTIFICATES AND OTHER PRODUCTS & SERVICES

Generally.

From time to time, AfEI and the colleges, universities, and other institutions providing courses and programs on the AfEI Site (collectively, the “Members”) may offer services and products for a fee (for example, course and program certificates). For anything that you choose to purchase on the AfEI Site, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, an AfEI confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from AfEI, as described below.

Certificates.

AfEI and the Members may offer Verified Certificates of Achievement for courses (a “Verified Certificate”) or certificates for programs (for example, a Certified Business Advisor  program ) for learners who, in the Members’ judgment, have satisfactorily demonstrated mastery of the course or program material. Certificates will be issued by AfEI. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of the awarding Member.

Subject to the foregoing, you will be required to pay a fee and complete the ID verification process for Verified Certificates. In order to authenticate your identity for a Verified Certificate, you will be prompted to take a webcam photo of yourself, as well as a photo of an acceptable form of photo ID (described below). Although these items are collected by AfEI in accordance with these TOS and the Privacy Policy, you should be aware that the actual authentication of your identity is performed by an AfEI third-party service provider and this information will be used only for the purpose of verifying your identity. Acceptable forms of photo ID’s are:

  • Government or State-issued driver’s license
  • Passport
  • National ID card
  • State or Province ID card (including cards issued by motor vehicle agencies)

In order to be accepted by AfEI, your photo ID must:

  • Contain your full name exactly (excluding hyphens, accents, and spaces);
  • Contain a relatively current photograph of yourself;
  • Be an original document; photocopied documents cannot be accepted; and
  • Be current and valid; expired documents cannot be accepted.

Unfortunately, if you do not possess a photo ID meeting the criteria described above, AfEI is unable to provide you with a Verified Certificate at this time.

Refunds.

Certificates and other purchases on the AfEI Site may be eligible for a refund for a period of time (in each case, the “Refund Period”). The applicable Refund Period for some products and services are described below. To receive a refund during the Refund Period, simply unenroll from the course and the refund will be processed automatically. Refunds will be credited to the payment account used for the purchase and may take up to two billing cycles to process.

 

Verified Certificate Track:

To receive a refund with respect to your enrollment in the verified certificate track of a course, you have a period of 14 days after your payment before taking the course
Professional Education Courses:

To receive a refund with respect to your enrollment in a Professional Education course, you have a period of 2 days after your payment before taking the course.

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Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase.

No Other Enrollment.

Solely as a result of enrolling in or completing a course or program provided by a Member through AfEI: (1) you will not be an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of such Member; and (2) you will not be entitled to use any of the resources of such Member beyond the online courses or programs provided on the AfEI Site and will not be eligible to receive student privileges or benefits provided to students enrolled in degree or other credit- or credential-bearing programs of the Member.

Trademarks

Use of AfEI Trademarks, and Service Marks.

The “AfEI,” name, logos and seal are trademarks (“Trademarks”) of the respective entities. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.

All Trademarks not owned by AfEI or the Members that appear on the AfEI Site or on or through the services made available on or through the AfEI Site, if any, are the property of their respective owners.

Nothing contained on the AfEI Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the AfEI Site without the written permission of the owner of the applicable Trademark.

Disclaimers of Warranty / Limitations of Liabilities

THE AfEI SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE AfEI SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

AfEI AND THE AfEI PARTICIPANTS (AS DEFINED BELOW) DO NOT WARRANT THAT THE AfEI SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE AFEI SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. AFEI AND THE AfEI PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE AfEI SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “AFEI PARTICIPANTS” MEANS MIT, HARVARD, THE OTHER MEMBERS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE AfEI SITE, THE COURSE INSTRUCTORS, AND THEIR STAFFS.

USE OF THE AfEI SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE AfEI SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE AfEI SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.

User Postings Disclaimer.

You understand that when using the AfEI Site you will be exposed to User Postings from a variety of sources and that neither AfEI nor the AfEI Partners are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AfEI or any of the AfEI Partners with respect thereto. Neither AfEI nor any of the AfEI Partners endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither AfEI nor any of the AfEI Partners have any obligation to monitor any User Postings or any other user communications through the AfEI Site.

However, AfEI reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the AfEI Partners to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, AfEI may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Third-Party Services; Links to Other Websites.

The AfEI Site and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. AfEI and the AfEI Partners are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER AfEI NOR ANY OF THE AfEI PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE AFEI SITE, OR YOUR PLACEMENT OF CONTENT ON THE AfEI SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE AfEI SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AfEI NOR ANY OF THE AfEI PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT AfEI OR ANY OF THE AfEI PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, hold harmless, and indemnify AfEI and the AfEI Partners, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, trustees, founder and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the AfEI Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, AfEI or the applicable AfEI Partners will provide you with written notice of such claim, suit, or action.

Additional Terms

Termination Rights; Discontinuation of Courses and Content.

You agree that AfEI, in its sole discretion, may terminate your use of the AfEI Site or your participation in it, for any reason or no reason, upon notice to you. It is AfEI’s policy to terminate in appropriate circumstances the accounts of users of the AfEI Site who are repeat copyright infringers. AfEI and the AfEI Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through AfEI, or to cease providing any part or all of the AfEI Site content or related services, and you agree that neither AfEI nor any of the AfEI Participants will have any liability to you for such an action. If you no longer desire to participate in the AfEI Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the AfEI Site, but the other provisions of the Agreements will survive any such termination.

Entire Agreement.

The Agreements constitute the entire agreement between you and AfEI with respect to your use of the AfEI Site, superseding any prior agreements between you and AfEI regarding your use of the AfEI Site.

Waiver and Severability.

The failure of AfEI to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.

Choice of Law/Forum Selection.

You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the AfEI Site will be governed by the laws of the Commonwealth of Washington District of Columbia, United State of Ameriaca excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date:

August 28, 2021.