A. By using and/or visiting this website (collectively, including all content and functionality available through the http://www.habari.tv domain name, the "Habari.TV Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Habari.TV's privacy notice, found at http://www.habari.tv/about/terms.jpf#privacy and incorporated here by reference and also incorporated here by reference. If you do not agree to any of these terms, the Habari.TV Ltd privacy notice, please do not use the Habari.TV Ltd Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, http://www.habari.tv/about/terms.jpf). Habari.TV Ltd may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

A. These Terms of Service apply to all users of the Habari.TV Ltd Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Habari.TV Ltd Website includes all aspects of Habari.TV Ltd, including but not limited to all products, software and services offered via the website such as the Habari.TV Ltd channels, the Habari.TV Ltd "Embeddable Player" and other applications.

B. The Habari.TV Ltd Website may contain links to third party websites that are not owned or controlled by Habari.TV Ltd. Habari.TV Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Habari.TV Ltd will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Habari.TV Ltd from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Habari.TV Ltd Website and to read the Terms and Conditions and Privacy Policy of each other website that you visit.

A. in order to access some features of the Website, you will have to create a Habari.TV Ltd account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Habari.TV Ltd immediately of any breach of security or unauthorized use of your account.

B. Although Habari.TV Ltd will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Habari.TV Ltd or others due to such unauthorized use.

Habari.TV Ltd hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website without Habari.TV Ltd's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Habari.TV Ltd's Embeddable Player or any of its related technologies.

C. You agree not to access Habari.TV Ltd Content through any technology or means other than the video playback pages of the Website itself, the Habari.TV Ltd Embeddable Player, or other explicitly authorized means Habari.TV Ltd may designate.

D. You agree not to use the Website, including the Habari.TV Ltd Embeddable Player for any commercial use, without the prior written authorization of Habari.TV Ltd. Prohibited commercial uses include any of the following actions taken without Habari.TV Ltd's express approval:

• sale of access to the Website or its related services (such as the Embeddable Player) on another website;
• use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the Habari.TV Ltd Website or any third-party website, targeted to the content of specific Habari.TV Ltd content;
• and any use of the Website or its related services (such as the Embeddable player) that Habari.TV Ltd finds, in its sole discretion, to use Habari.TV Ltd's resources with the effect of competing with or displacing the market for Habari.TV Ltd or Habari.TV Ltd content.

E. Prohibited commercial uses do not include:

• uploading an original video to Habari.TV Ltd, or maintaining an original channel on Habari.TV Ltd, to promote your business or artistic enterprise;
• using the Embeddable Player to show Habari.TV Ltd videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Habari.TV Ltd;
• any use that Habari.TV Ltd expressly authorizes in writing.

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Habari.TV Ltd servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Habari.TV Ltd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Habari.TV Ltd reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

G. In your use of the website, you will otherwise comply with the terms and conditions of this Terms of Service and all applicable local, national, and international laws and regulations.

H. Habari.TV Ltd reserves the right to discontinue any aspect of the Habari.TV Ltd Website at any time.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Habari.TV Ltd Website.

A. The content on the Habari.TV Ltd Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Habari.TV Ltd, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Habari.TV Ltd reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Habari.TV Ltd Content and other content only as permitted under this Agreement. Habari.TV Ltd reserves all rights not expressly granted in and to the Habari.TV Ltd Content and the Habari.TV Ltd Website.

C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying of third parties obtained through the Website for any commercial purposes.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Habari.TV Ltd Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Habari.TV Ltd Website or the Content therein.

A. Habari.TV Ltd will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Habari.TV Ltd reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Habari.TV Ltd may remove and/or terminate a User's access for violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You agree that your use of the Habari.TV Ltd Website shall be at your sole risk. To the fullest extent permitted by law, Habari.TV Ltd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Habari.TV Ltd makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Habari.TV Ltd Website. Habari.TV Ltd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Habari.TV Ltd Website or any hyperlinked website or featured in any banner or other advertising, and Habari.TV Ltd will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event shall Habari.TV Ltd, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Habari.TV Ltd Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Habari.TV Ltd shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by Habari.TV Ltd from its facilities in the Mauritius. Habari.TV Ltd makes no representations that the Habari.TV Ltd Website is appropriate or available for use in other locations. Those who access or use the Habari.TV Ltd Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Habari.TV Ltd, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Habari.TV Ltd Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Habari.TV Ltd Website.

You affirm that you are either 18 years of age or more, or a minor emancipated by marriage or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Habari.TV Ltd Website is not intended for children under 14. If you are under 14 years of age, then please do not use the Habari.TV Ltd Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Habari.TV Ltd without restriction.

You agree that:
(i) the Habari.TV Ltd Website shall be deemed solely based in Mauritius; and
(ii) the Habari.TV Ltd Website shall be deemed a passive website that does not give rise to personal jurisdiction over Habari.TV Ltd, either specific or general, in jurisdictions other than Mauritius.

These Terms of Service shall be governed by the internal substantive laws of the Mauritius, without respect to its conflict of laws principles. Any claim or dispute between you and Habari.TV Ltd that arises in whole or in part from your use of the Habari.TV Ltd Website shall be decided exclusively by a court of competent jurisdiction located in Mauritius. These Terms of Service and any other legal notices published by Habari.TV Ltd on the Website, shall constitute the entire agreement between you and Habari.TV Ltd concerning the Habari.TV Ltd Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Habari.TV Ltd's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Habari.TV Ltd reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Habari.TV Ltd Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

The customer may cancel their recurring billing subscription service at any time. Information on current subscriptions is available on the My Account page.

Keep in mind, a cancellation will not generate a refund - it will only stop any future bills.

All subscriptions are automatically uploaded to our secure merchant processor which incurs fees. If you cancel your subscription 1 DAY after payment, you will be assessed a 10% cancellation fee before credit is refunded. If you cancel your subscription 1 WEEK after payment, you will be assessed a 50% cancellation fee before credit is refunded. No further refunds are allowed after 1 WEEK.

A refund on a recurring billing subscription will also result in a cancellation.

Habari.TV Ltd does not sell goods but provides a service. As such there is no Return policy. However Cancellation & Refund policy apply as mentioned above.

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Habari.TV Ltd and the Media Houses (its licensees).

Habari.TV Ltd grants to you a worldwide non-exclusive royalty-free revocable license to:

• view this website and the material on this website on a computer or mobile device via a web browser;
• copy and store this website and the material on this website in your web browser cache memory; and
• print pages from this website for your own [personal and non-commercial] use.

Habari.TV Ltd does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not download, adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Habari.TV Ltd's prior written permission.

The automated and/or systematic collection of data from this website is prohibited.

You may request permission to use the copyright materials on this website by writing to care@habari.tv or 3rd Floor, Rogers House, 5 President John Kennedy Street, Port Louis, Mauritius.

Habari.TV Ltd takes the protection of its copyright very seriously.

If Habari.TV Ltd discovers that you have used its copyright materials in contravention of the license above, Habari.TV Ltd may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Habari.TV Ltd's copyright materials that contravenes or may contravene the license above, please report this by email to care@habari.tv or by post to 3rd Floor, Rogers House, 5 President John Kennedy Street, Port Louis, Mauritius.

f you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to care@habari.tv or by post to 3rd Floor, Rogers House, 5 President John Kennedy Street, Port Louis, Mauritius.

Habari.TV Ltd may collect and use the following kinds of personal information:

• information about your use of this website (including Google Analytics, Trends, News Bulletins watched, Time of day;
• information that you provide using for the purpose of registering with the website (including name, number, email address, country of origin);
• information about transactions carried out over this website;
• information that you provide for the purpose of subscribing to the website services; and
• any other information that you send to Habari.TV Ltd.

Habari.TV Ltd may use your personal information to:

• administer this website;
• personalize the website for you;
• enable your access to and use of the website services;
• publish information about you on the website;
• supply to you services that you purchase;
• send you statements and invoices;
• collect payments from you; and
• send you marketing communications.

Where Habari.TV Ltd discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Habari.TV Ltd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Habari.TV Ltd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Habari.TV Ltd will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Information that Habari.TV Ltd collects may be stored and processed in and transferred between any of the countries in which Habari.TV Ltd operates to enable the use of the information in accordance with this privacy policy.

You agree to such cross-border transfers of personal information.

Habari.TV Ltd may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

This website contains links to other websites.

Habari.TV Ltd is not responsible for the privacy policies or practices of any third party.

If you have any questions about this privacy policy or Habari.TV Ltd treatment of your personal information, please write to:

• by email to care@habari.tv; or
• by post to 3rd Floor, Rogers House, 5 President John Kennedy Street, Port Louis, Mauritius.

This website is provided "as is" without any representations or warranties, express or implied. Habari.TV Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Habari.TV Ltd does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Habari.TV Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Habari.TV Ltd has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Habari.TV Ltd's liability in respect of any:

• death or personal injury caused by Habari.TV Ltd's negligence;
• fraud or fraudulent misrepresentation on the part of Habari.TV Ltd; or
• matter which it would be illegal or unlawful for Habari.TV Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

[You accept that, as a limited liability entity, Habari.TV Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Habari.TV Ltd's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Habari.TV Ltd's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Habari.TV Ltd.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.