The present Terms of Use set forth the terms and conditions of use of the website www.majamba.me, published by Majamba LLC.

1. Definitions

Under the present Terms of Use the following definitions shall be used

2. The Website

The Website is a social & web commerce platform connecting individuals, professionals, companies and NGOs.

Through investments and transactions made in our virtual currency – the “Majamba Hugs” – the Website allows You and other Members to do good in many different ways:

• Share Content aka Blüps;
• Challenge other Members by setting missions and promise them a Reward if they respond to Your Challenge;
• Reward other members who complete the Challenge;
• Respond to a Challenge or a Mission and get Majamba Hugs and compete with other members.

3. Agreement

By using/visiting the Website as a Member or as a Visitor, You expressly agree to the present Terms of Use – including all updates, revisions and modifications – as well as to Majamba LLC’s Privacy Policy.

In case you are not an individual, You warrant that you dispose of all necessary corporate or equivalent authority and powers to agree to the present Terms of Use, which shall be binding upon the corporation, partnership or other entity in whose name you have registered as a Member.

Majamba LLC may, in its sole discretion and without notice, modify or revise the present Terms of Use at any time, and You agree to be bound by such modifications or revisions. Any modification, update or revision of the present Terms of Use shall become automatically effective and binding as from the date of their publication on the Website. It is Your responsibility to consult and revert to the last available version of the present Terms of Use as posted on the Website.

The Website is available for individuals aged 13 years or older. If You are 13 or older but under the age of 18, You should review these terms of use with your parents or guardian to ensure that You and your parents or guardian understand and accept these terms and conditions.

The present Terms of Use apply to Visitors and all Members of the Website. In case You do not agree with the present Terms of Use, You may not use the Website.

4. Register with Majamba LLC

4.1. Functionalities requiring the creation of an Account

Visitors are only allowed to access the Website and to consult its content. The use of all others functionalities of the Website, including without limitation, creating Challenges, responding to Challenges, sponsoring other Membersʼ Challenges, giving or receiving Majamba Hugs and posting comments requires a successful registration with Majamba LLC as a Member and the creation of an Account.

4.2. Opening of an Account

In order to register with Majamba LLC and open an Account, You maybe be required to provide Majamba LLC with the following information:

• Type of Account (see article 4.3);
• User name;
• Full Name;
• Address;
• Email address;
• Other necessary information as requested in the sign-up process.

Majamba LLC will only use Your personal information in the respect of Majamba LLC’s Privacy Policy.

When creating Your Account, You must provide Majamba LLC with accurate and complete information only. You are solely responsible for the activity that occurs on Your Account and for maintaining the confidentiality and security of Your Account. You must keep Your Account password secure and not reveal Your Account information to anyone else or use anyone else’s Account. It is also Your responsibility to notify Majamba LLC immediately of any breach of security or unauthorized use of Your Account.

Majamba LLC disclaims all liability for losses caused by any unauthorized use of Your Account. However, You may be held liable for the losses of Majamba LLC or others due to such unauthorized use.

By providing Majamba LLC with personal information in relation with the creation of an Account, You expressly authorize Majamba LLC to collect and process such information for the purpose of management of the Website. At all times, Majamba LLC will respect all requirements of applicable data protection laws and in particular, Majamba LLC undertakes not to transfer any of Your personal data to any third party without Your express consent.

Majamba’s Privacy Policy is further applicable and is by this reference fully part of the present Terms of Use.

Please also note the following:

• Majamba LLC reserves the right to suspend or terminate Your Account, in case Majamba LLC determines, in its sole discretion, that such measure is necessary as a consequence of Your violation of the present Terms of Use or any other Majamba policy;
• As part of the registration process and creation of a User Account, You may be required to transmit evidence of Your identity (or corporate identity) and domicile to Majamba LLC.
• Majamba LLC reserves at all time its right to decline Membersʼ registration. You agree and acknowledge that the present Terms of Use concede You no right to register with Majamba LLC. In particular, Majamba LLC may restrict the availability of all or part of its services to certain geographic areas.

4.3. Account types

You can choose among two different types of Accounts offering You different advantages:

4.4. Service Offers

Please note that as a Member, You have no obligation to offer Services against Majamba Hugs and, if You decide to do so, You are free to determine the quantity and type of Services You want to offer.

5. Buying Majamba Hugs

5.1. Your initial Majamba Hugs

Once Your registration with Majamba LLC is completed, You receive the amount of Majamba Hugs specified under Article 4.3 for the type of Account You have selected.

5.2 Purchasing additional Majamba Hugs

Once Your registration with Majamba LLC is successfully completed, You will be able to purchase additional Majamba Hugs at the price indicated on the designated section of the Website and in the currency of your choice among the 24 currencies accepted by Majamba LLC (see Article 6.1).

Unless anything contrary indicated on the Website, there is no limit to the quantity of Majamba Hugs You can purchase.

6. Payments conditions

6.1. Currency and methods of payment

Purchase of additional Majamba Hugs are powered by PayPal and Super Rewards. You can use all major credit cards or use your PayPal account.

6.2. Payment information

You agree that Majamba LLC may charge Your credit card or PayPal account for any Majamba Hugs or Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account.

6.3. No refund!

Majamba LLC is neither a bank, nor a financial institution and You shall be aware that Majamba Hugs are a virtual currency only and that they have no monetary value.

Moreover, You acknowledge and agree the following:

• all Fees can never be reimbursed to You, even in case you decide to close Your User Account.
• all purchases of Majamba Hugs are final and while Majamba Hugs can be exchanged against services, they will never be reimbursed to You even in case you decide to close Your User Account.

7. Creating a Challenge or a Mission

Members can launch their Missions or Challenges aiming at doing good, promote their Missions on the Website and invite other Members to promote or share their Missions by investing Majamba Hugs.

Defining what is a “good” Mission or Challenge is up to Members and Majamba LLC will not intervene as long as Missions respect the conditions set forth in the present Terms of Use.

To be published on the Website, a Project or Recommendation must at least contain the following elements:

• Creator’s identity;
• Name of the Mission being promoted
• Web Address
• Reasons why other members should support;

8. Responding to a Mission or a Challenge

Members can respond a Challenge or a Mission by acting in accordance with the requirements of the challenge and submitting a Photo (if requested) that meets the Challenge Requirements to the Challenger. Members should only respond Challenges within the deadline and by offering proof of completion of Challenge Requirements, including the possible Geographical limitations.

9. Exchanging Majamba Hugs against Services

You will be able to convert all or part of the Majamba Hugs in your account against Services offered by other Members at the conditions defined under Article 4.4.

Majamba Hugs can only be exchanged against Services offered by other members or as a discount coupon service on the Majamba Catalog. The number of Majamba Hugs that can be used as coupon is limited to 1,800,000 Majamba Hugs over the lifetime of an account. Majamba Hugs will never be exchanged against cash, other financial advantages, food or material goods.

10. Using the Majamba Catalog for Organizations

10.1. Eligibility for participating in the Majamba Catalog

The Majamba Catalog is open to all organizations that respect the key principles that are essential to fair trade inc. Creating opportunities for economically disadvantaged producers; Fair Prices; Transparency & Accountability; Promoting Fair Trade; Payment of Fair Prices; Gender Equality; Safe & Healthy Working Conditions; No direct child labour; Responsible policies regarding the environment & Fair trade relations.

10.2. Conditions for participating in the Majamba Catalog

By electing to participate in the Majamba Catalog, you shall supply the content and images to describe and illustrate your Products and submitting a Request through your Account. Your submission of a Request is not binding on Majamba LLC until Majamba LLC promotes the Products on the Majamba site. Majamba LLC has no obligation to accept or promote your Offer. Majamba may, in its sole discretion, include you in any press release regarding the Product Offers described herein.

11. Using the Majamba Catalog for Individuals

Members with an Individual account may purchase the products and use the Majamba Hugs as a discount coupon service on the Majamba Catalog. All Products are available while quantities last. Product specifications are subject to change without notice. You will be notified if the item you have ordered is not available. Majamba LLC reserves the right to substitute products of equal or greater value. Products ordered at the same time may arrive separately. We will ship the model pictured or the most current comparable model available (we are not responsible for typographical or pictorial errors). Products shown were the latest models available at the time of printing.

We cannot deliver to Post Boxes. Products can only be shipped to India, Western Europe and the United States. If you want to ship to an address other than your billing address, please provide the shipping address at the time you place your order. Products will be delivered to your shipping address within 14 days of placing the order.

All customer service is handled online via the “Support” button on the left side of the page.

12. Publishing User Content

Majamba LLC allows Members posting Content, at the conditions set forth in the present Terms of Use and in the form of (hereinafter “Members Content”):

• Challenge description;
• Project description;
• Recommendation description;
• Other Content that Members are invited to post on the Website (including comments).

13. Your Use of the Website

13.1. General conditions

Pursuant to the present Terms of Use, Majamba LLC grants You the permission to access the Website and to use its different functionalities, under the following conditions:

• You may not, under any circumstance, alter or modify any part of the Website, except by submitting Your Content in the respect of the rules set forth in the present Terms of Use;
• You may not launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” “virus”, “worms”, “Trojan horse”, having the purpose or effect to detrimentally affect the Website.
• You may not collect any personal data, including account names, from the Website, nor use the communication systems provided by Majamba LLC to its Members for any commercial solicitation purposes.
• Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your responsibility.
• You shall be solely responsible for Your Content and the consequences of posting such content. Majamba LLC does not guarantee any confidentiality in relation with Your Content.
• You are aware that by using the Website, you may encounter content that You may find offensive, indecent, or objectionable. Nevertheless, You agree to use the Website at your sole risk. You agree that Majamba LLC. shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Website to be offensive, indecent, or objectionable, please contact Majamba LLC and report the problem.
• You agree that You will not attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website.
• Majamba LLC reserves the right to discontinue any aspect of the Website at any time.

13.2. Your Content

• You represent and warrant that You dispose of the necessary authorizations to use and upload any of Your Content. You further agree that you will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their owner to display and distribute such Content.
• Majamba LLC shall determine in its sole discretion whether Your Content is appropriate and complies with the present Terms of Use. You agree that Majamba LLC may at any time, without prior notice and in its sole discretion, remove any of Your Content and/or terminate Your Account if Majamba LLC suspects that such Content was uploaded in violation of the present Terms of Use.
• You warrant that Your Content contains no pornography, dangerous or illegal acts, unlawful, obscene, defamatory or libelous material, or any sexually explicit content.
• You also warrant that Your Content is not contrary to public policy, or any applicable laws, regulations or bona mores.
• You acknowledge that Majamba LLC is under a legal obligation to remove or to block the access to any clearly illegal Content, which has been effectively brought to Majamba LLCʼs attention.
• You acknowledge and accept that Your failure to comply with the present Terms of Use may result in Your Content being removed and/or Your Account being deactivated without prior notice.

14. Intellectual property

14.1. Your Content

Majamba LLC does not claim any ownership rights in relation with any of Your Content. You shall retain all ownership rights on Your Content and shall continue to have the right to freely use such material even after submitting Your Content to the Website.

Majamba LLC expressly disclaims any and all liability in connection with Your Content. Majamba LLC does not permit and will not tolerate any infringement of intellectual property rights on the Website. Majamba LLC may remove, without prior notice, all Your Content if notified that such content infringes on anotherʼs intellectual property rights.

By submitting Your Content to the Website, You agree to allow other Members to use Your Content in conformity with the present Terms of Use for the entire period in which Your Content is hosted on the Website.

While Majamba LLC makes its best efforts to protect Your Content against such risks, Majamba LLC shall assume no liability in case YOUR Content is Subject TO MISAPPROPRIATION AND/OR PIRACY. YOU are responsible for taking all appropriate MEASURES to protect YOUR Content.

You grant Majamba LLC the non-exclusive, royalty-free license to reproduce, display and distribute Your Content on the Website, in whole or in part, through any media and telecommunications technology providing access to the Website. You grant such license to Majamba LLC for as long as Your Content remains hosted on the Website.

You may access other Members Content solely for Your personal and non-commercial use and in the respect of the present Terms of Use. In particular, You must not attempt to distribute, commercialize, transmit, license, copy or lease any other Userʼs Content without such User prior authorization.

14.2. Copyright notification

In case You consider that a Content is displayed on the Website in violation of Your intellectual property rights, You shall contact Majamba LLC with all necessary information at info@majamba.com and Majamba LLC will address Your claim without delay.

14.3. Majamba LLCʼs Content

“Majamba, Do Good Today” is a registered trademark of Majamba LLC. More generally, all Majamba LLCʼs Content is the exclusive property of Majamba LLC and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights.

Majamba LLC grants You a personal, non-exclusive, non-transferable and revocable right to access and use the Website, under the condition that You comply with the present Terms of Use.

Majamba LLCʼs Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited without the prior written consent of Majamba LLC.

You agree not to use or exploit the Majamba LLCʼs Content in any manner inconsistent with the present Terms of Use and in particular, You shall always respect all rights granted or restrictions set forth herein. You are not allowed to modify, edit, translate, adapt, or disassemble Majamba LLCʼs Content or to create derivative works based upon Majamba LLCʼs Content.

All rights not expressly granted in the present Terms of Use are reserved to Majamba and its licensors.

15. Liability

15.1. General warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. YOU ACKNOWLEDGE THAT THE CONTENT OF THIS WEBSITE IS PROVIDED TO YOU AS IS AND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAJAMBA LLC, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS.

FURTHERMORE, MAJAMBA LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES, INACCURACIES OF CONTENT, AS WELL AS ITS TIMELY AND PROPER, DELIVERY, OR LIMITATIONS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MAJAMBA LLC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MAJAMBA LLCʼS PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR 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, UPLOADED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MAJAMBA LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IN NO EVENT SHALL MAJAMBA LLC BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15.2. Disclaimer regarding Projects and Challenges

Members are fully aware and accept that MAJAMBA LLC IS not part – and SHALL UNDER NO CIRCUMSTANCE BECOME PART – of any contractual relationship entered into by and BETWEEN Members IN RELATION WITH THEIR USE OF THE WEBSITE.

Accordingly, in no event will MAJAMBA LLC be liable to MEMBERS for any consequential, indirect, exemplary, incidental, punitive damages OR DAMAGES OF ANY OTHER KIND arising from, on in RELATION with, the PROVISION of SERVICES BY MEMBERS OR THE EXCHANGE OF SERVICE CREDITS between Members.

In particular, the MEMBERS are exclusively liable to other Members for the SERVICES and CONTENT and MAJAMBA LLC shall bear no liability whatsoever for the Content offered by Members to other Members. You waive all right to engage in civil or criminal proceedings towards MAJAMBA LLC for the CONTENT PUBLISHED by other Members of for the use of YOUR Content by Members.

15.3. Limitation of liability

YOU AGREE THAT MAJAMBA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RESULTING FROM OR IN CONNECTION WITH THE CONTENT OF THE WEBSITE, INCLUDING YOUR CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ERRORS OR INACCURACIES IN SUCH CONTENT, DELAYS, INTERRUPTIONS, FAILURE, POOR QUALITY OR LIMITATIONS OF ANY KIND IN ITS DELIVERY OR IN THE PERFORMANCE OF SERVICES OFFERED ON THE WEBSITE, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MAJAMBA LLCʼS SECURE SERVERS AND/ OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MAJAMBA LLCʼS PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH MAJAMBAʼS PLATFORM BY ANY THIRD PARTY, AND/OR 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 SUBMITTED, UPLOADED, EMAILED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT MAJAMBA LLC SHALL NOT BE LIABLE FOR ANY USER CONTENT, NOR FOR ANY CONDUCT OF ANY THIRD PARTY THAT OCCURS IN VIOLATION OF THE PRESENT TERMS OF USE AND/OR THE APPLICABLE LAWS AND REGULATIONS.

YOU ALSO ACKNOWLEDGE HEREBY THAT YOU BEAR THE ENTIRE RISK OF ANY HARM OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE FOREGOING.

The Website is managed and offered by Majamba LLC from its corporate headquarters in Switzerland. Majamba LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so under their own responsibility and are responsible for compliance with locally applicable laws.

16. Indemnification

You agree to defend, indemnify and hold Majamba LLC, its parent corporation, officers, directors, employees and agents harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, costs or debt, interest, award, judgment, diminution in value, fine, fee (including attorneysʼ fees), and penalty, or other charge (including but not limited to attorneysʼ fees) arising from or relating to (i) Your Content, (ii) your violation of the present Terms of Use or any other policy of Majamba LLC; (iii) more generally Your use of the Website; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights. Or any claim that Your Content caused damage to a third party. This defense and indemnification will survive the present Terms of Use and Your use of the Website.

17. Miscellaneous

Members and Majamba LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the present Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by Members does not waive Majamba LLCʼs right to act with respect to subsequent or similar breaches. Majamba LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Majamba LLC’s reasonable control.

Majamba LLC reserves the right to takes all steps Majamba LLC deems necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use. Majamba LLC has the right, without liability to you, to disclose any of Your data to law enforcement authorities, government officials, and/or a third party, as Majamba LLC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use.

The present Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Majamba LLC without restriction.

18. Governing Law and Jurisdiction

The present Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws.

You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of canton Vaud, Switzerland.

20th of February, 2013