Terms of Use

ANDELA INC

TERMS OF USE

Last Updated: 11/10/2017

These Terms of Use (hereinafter “TOU”) govern your use of Andela, Inc (hereinafter referenced as “Andela”, “we”, “us” or “our”) website located at www.andela.com (hereinafter referenced as “Site”) and the various sites connected to this page.

 

This Site is made available for information purposes, submission for contact by our business development to become a client (or as we call them “Partners”), or for consideration into our teams as an employee of Andela (“Andelan”).

 

By using this Site, you are agreeing to the following TOU. If you do not want or do not agree to have these terms apply to you, immediately stop using our site:

 

Site Rules

 

If you do not stop or continue using our Site, you are agree to only access this Site as intended by Andela. You aree not to access or attempt to access our Site in any other means or through any other interfaces unless so authorized. You further agree to not engage in any other activities that would otherwise interfere with the use, access, or availability of our Site including, but not limited to, crawling, reproducing, duplicating, copying, selling, trading or reselling our Site for any unauthorized purposes.

 

Links to 3rd Parties

 

Our Site may contain links to 3rd party websites, products, services, advertisers, or other events or activities (hereinafter “E&As”) that may or may not be controlled by Andela. Andela does not assume any responsibility for such 3rd party E&As. By accessing a 3rd party website or attending any E&As, you do so at your own risk, and understand that Andela, our policies, processes, and terms may or may not apply to such E&As. Any dealings between you and any 3rd party E&As are done solely between you and the 3rd party, including but not limited to an warranties, assurances, payments or deliveries of such E&As. You agree that Andela shall not be responsible for any loss, damage, or liability of any kind relating to your dealings with such 3rd parties.

 

Privacy

 

Any data that is collected or processed by Andela will be done in accordance with our Privacy Policy.

 

Cookies

 

Andela does use cookies for a variety of uses including, but not limited to, improving our online experience for users, analytical data, marketing data, and other specific uses as follows:

Analytics usage: page visits, session tracking, etc.
Marketing usage: conversion tracking, form submissions, and page visits, etc.

You may disable your cookies based on your individual internet browser settings, but that may limit your abilities and functionalities on our site.

Andela uses Adwords, Google Analytics, Hubspot Analytics, Segment Analytics, and Mouseflow in tracking any cookies on our Site.

 

Disclaimer

 

THIS SITE IS PROVIDED “AS-IS” AND “WHERE-IS” WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. ANDELA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND. SPECIFICALLY, ANDELA DISCLAIMS ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WHETHER OR NOT ARISING THROUGH A COURSE OF DEALING), RELATING SOMEHOW TO OUR SITE.

 

Andela (a) does not guarantee that you will receive any employment, job offers, or call backs through our Site, (b) will not be responsible for any listings, submissions, or request from information from you and (c) is not your employer or your agent based on your usage of our Site.

 

Andela does maintain this site, it’s integrity, and security, however, we do not guarantee that our Site will remain fully up to date, complete, correct, secure or accurate, or that access to our Site will remain uninterrupted or without error.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Andela, Inc, its affiliates and subsidiaries, employees, officers, directors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of your breach of this TOU, relating to your access, connection, activities, and engagement with our Site, or any violations of our Privacy Policy. Andela reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section and TOU. In such a case, you agree to cooperate with any reasonable requests assisting Andela defense of such matter.

 

Limitations of Liability

 

ANDELA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNEES, SUPPLIERS AND LICENSORS (COLLECTIVELY “ANDELA AND ITS AFFILIATES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE AND TOU, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. ANDELA AND ITS AFFILIATES SHALL NOT BE SUBJECT TO ANY LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSION THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND AGREE TO THESE TOU AT YOUR OWN RISK.

 

IN NO EVENT SHALL ANDELA AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM USE OR ACCESS TO OUR SITE OR THE CONTENT HEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ANDELA AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANDELA AND AFFILIATES LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO FIFTY DOLLARS ($50.00 USD)

 

IN THE EVENT THAT ANY STATE DOES NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY IN CONNECTION WITH INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS SHALL NOT APPLY TO YOU AND BE PERMITTED TO THE EXTENT ALLOWED UNDER LAW.

 

Termination

 

Andela reserves the right, in its sole discretion and authority, to restrict, terminate, suspend or otherwise limit this TOU and any access to part or all of our Site at any time and for any reason whatsoever with or without notice or liability.

Andela further reserves the right to alter, change, update, discontinue or suspend access to party or all of our Site at any time and for any reason whatsoever with or without notice or liability.

All appropriate sections including but not limited to Indemnification, Limitation of Liability, Termination, Governing Law and Jurisdiction, and General/Miscellaneous shall survive the termination of this TOU.

 

Notice of Copyright Infringement

 

The Digital Millennium Copyright Act of 1998 (hereinafter “DMCA”) provides recourse for lawful owners of copyright that believe that any material appearing on our Site, or any site, on the internet infringes with their rights under U.S. Copyright law. In the event you believe in good faith that any materials available on this Site infringes on your copyright, please contact Andela directly either yourself or through your agent by mail or email to Andela requesting us to remove or block access to such materials. In the event that you believe in good faith that someone has wrongly submitted a notice of copyright infringement against you, DMCA allows you to send Andela a separate notice of such a condition. Any notices you submit must meet any statutory requirements as stated under the DMCA.

Please submit your notices in writing to:

 

Andela, Inc.
℅ Legal Department
129 W. 29th Street, 4th Floor
New York, NY 10001

Email: legal@andela.com

For additional information please consult your own attorney before submitting any notices or www.copyright.gov.

 

Governing Law & Jurisdiction

 

The TOU are governed and will construed in accordance with the laws of the State of New York, United States of America, without regard to any principles of conflicts of laws or your location. By using our site, you are agreeing to exclusive jurisdiction in both federal and state courts located in New York City county, the state of New York, U.S.A., and you waive any jurisdictional, venue or inconvenient forum objects to such courts.

 

Information or Complaints

 

If you have a question or complaint regarding our Site, please send an email to privacy@andela.com. You may also contact in writing to our Webmaster at:

 

Andela, Inc.
℅ Webmaster
129 W. 29th Street, 4th Floor
New York, NY 10001

 

Information being emailed to our office can not be guaranteed to be secure, so please do not include any sensitive unnecessary personal identifiable information, credit card information, or private information of any kind in your email correspondence with us.

 

General/Miscellaneous

 

Severability

If any one or more of the provisions of the TOU shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable to any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of provisions) of these TOU, and the invalid, illegal, or unenforceable provisions shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to the intentional express of Andela.

 

Relationship

Your usage of our sites does not establish any relationship between you and Andela. You are not an employee, independent contractor, agent, assignee, partner, joint venture, franchise or any other type of fiduciary for Andela.

 

Assignment

You may not assign any part of these TOU, in whole or in part, without Andela’s express written consent (which may be withheld or conditioned in Andela’s sole discretion).

 

Construction

Any rule of construction suggesting or requiring ambiguities is resolved against Andela shall not apply in the interpretation of this TOU.

 

Security

Information that is sent electronically or via the internet cannot be assured as completely secured and as such, Andela can not guarantee that unauthorized third parties will never be able to access or use electronic data, including your data, or that our security measures cannot be superseded. By using our Site, you acknowledge that any personal data you provide you do so at your own risk.

Welcome and #TIA!