TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the ACT Nexus website, platform, digital services, content, resources, and other online services operated or made available by ACT Nexus Limited, trading as ACT Nexus (“ACT Nexus”, “we”, “us”, or “our”).

ACT Nexus is a Pan-African cross-border technology ecosystem bringing together founders, operators, investors, service providers, and ecosystem stakeholders building, operating, investing in, and supporting technology businesses across African markets.

These Terms apply to all visitors, users, applicants, members, partners, event participants, contributors, and other persons accessing or using the ACT Nexus Website or Services (“User”, “you”, or “your”).

By accessing or using the ACT Nexus Website or any ACT Nexus Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Website or the relevant ACT Nexus Services.

Where you use a particular ACT Nexus Service that is subject to additional terms, those additional terms will apply to that Service in addition to these Terms.

In these Terms, unless the context otherwise requires:

References to the singular include the plural and vice versa.

References to a person include an individual, company, corporation, partnership, organisation, association, institution, government entity, or other legal or commercial entity.

Headings are included for convenience only and do not affect the interpretation of these Terms.

References to “including” or “includes” shall be construed without limitation.

ACT Nexus provides a curated ecosystem through which individuals and organisations may connect, exchange knowledge and intelligence, participate in convenings and experiences, discover opportunities, develop relationships, explore collaborations and strategic partnerships, and participate in Africa’s cross-border technology ecosystem.

ACT Nexus may provide or facilitate:

The availability of any particular Service, feature, opportunity, or experience may vary and may be subject to additional eligibility requirements, fees, application processes, availability, or separate terms.

By accessing or using the Website or any ACT Nexus Service, you confirm that:

If you are accessing ACT Nexus on behalf of a company, organisation, partnership, fund, institution, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

ACT Nexus may amend, update, or replace these Terms from time to time.

Where appropriate, ACT Nexus may notify Users of material changes through the Website, email, account notification, or another reasonable method.

Updated Terms will become effective on the date stated in the updated version.

Your continued use of the Website or ACT Nexus Services after the effective date of amended Terms constitutes acceptance of the amended Terms.

If you do not agree to an amendment, you must stop using the affected Services.

ACT Nexus aims to make the Website available on a continuous basis but does not guarantee that the Website will always be available, uninterrupted, secure, error-free, or free from defects.

ACT Nexus may:

ACT Nexus will endeavour, where reasonably practicable, to minimise disruption to the Website and Services.

The Website is intended primarily for individuals and organisations engaged in, interested in, or contributing to Africa’s cross-border technology ecosystem.

Certain ACT Nexus Services may have additional eligibility criteria.

ACT Nexus Membership is curated and is not automatically granted to every Applicant.

Submission of a Membership application does not create a right to Membership or guarantee acceptance.

ACT Nexus may review information provided by an Applicant and conduct reasonable verification or due diligence before determining whether to accept an application.

Membership is governed by the ACT Nexus Membership Terms & Conditions, which apply in addition to these Terms.

ACT Nexus Membership is separate from general access to the Website.

A person may browse publicly available Website Content without becoming an ACT Nexus Member.

Membership may provide access to certain features, resources, experiences, events, opportunities, introductions, directories, or other benefits that are not available to non-members.

Membership:

The detailed rights and obligations of Members are governed by the ACT Nexus Membership Terms & Conditions.

Where ACT Nexus accepts applications through the Website, Applicants must provide accurate and complete information.

You must not:

ACT Nexus may request additional information where reasonably necessary to assess an application.

ACT Nexus reserves the right to:

Unless expressly stated otherwise, payment of a Membership Fee does not by itself guarantee acceptance into ACT Nexus.

Where ACT Nexus provides account-based Services, you may be required to create or maintain an account.

You are responsible for:

You must not share your account credentials with another person where account sharing is prohibited.

You must not attempt to access another User’s account without authorisation.

ACT Nexus may suspend or restrict an account where we reasonably believe that the account has been compromised, misused, or used in breach of these Terms.

Information submitted through the Website must be accurate and current.

This may include:

You are responsible for ensuring that you have authority to provide any information relating to another person or organisation.

The collection and processing of personal data is governed by the ACT Nexus Privacy Policy.

ACT Nexus takes the privacy and security of personal information seriously.

Personal data collected through the Website and ACT Nexus Services will be processed in accordance with the ACT Nexus Privacy Policy.

The Privacy Policy explains how ACT Nexus collects, uses, stores, protects, and otherwise processes personal information.

By using the Website, you acknowledge that you have read the Privacy Policy.

The Website may contain:

Website Content is provided primarily for general informational and ecosystem purposes.

Unless expressly stated otherwise, ACT Nexus Content does not constitute:

You should obtain appropriate professional advice before relying on information where professional advice is required.

ACT Nexus endeavours to ensure that information published on the Website is accurate and reasonably current.

However, ACT Nexus does not warrant that:

Information concerning markets, regulations, technology, investments, businesses, opportunities, events, or other matters may change rapidly.

You are responsible for independently verifying information before relying upon it.

Nothing on the ACT Nexus Website constitutes professional advice.

ACT Nexus may publish or facilitate access to information relating to legal, regulatory, investment, financial, technology, business, market, or other matters.

Such information is provided for general informational purposes only.

Nothing on the Website creates a professional-client relationship between you and ACT Nexus or any contributor merely because you access or rely upon the Content.

Where professional advice is required, you should consult an appropriately qualified professional.

ACT Nexus may provide market insights, research, ecosystem intelligence, regulatory updates, reports, briefs, analyses, forecasts, commentary, and other informational resources.

Such materials may include information obtained from third parties.

Although ACT Nexus may seek to provide reliable information, ACT Nexus does not guarantee the:

Past developments do not necessarily indicate future outcomes.

You are responsible for conducting your own assessment before acting on any information.

The Website may contain or display Content supplied by third parties, including:

ACT Nexus does not necessarily endorse or adopt third-party Content.

Views expressed by contributors or Members are their own unless expressly stated otherwise.

Where ACT Nexus allows Users to submit, upload, publish, display, or otherwise provide Content (“User Content”), the submitting User remains responsible for that Content.

User Content may include:

You represent and warrant that:

By submitting User Content to ACT Nexus for publication or use through an ACT Nexus Service, you grant ACT Nexus a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, distribute, communicate, format, adapt, and otherwise use that Content for the purposes of operating, promoting, and providing the relevant ACT Nexus Service.

The licence under Clause 19.1 shall continue for as long as reasonably necessary for those purposes and subject to the ACT Nexus Privacy Policy and any legal requirements governing the relevant Content.

You retain ownership of your User Content unless otherwise agreed in writing.

ACT Nexus does not acquire ownership of your intellectual property merely because you submit it.

ACT Nexus may remove, restrict, edit, or decline to publish User Content where ACT Nexus reasonably believes that the Content:

Unless otherwise stated, all intellectual property rights in the ACT Nexus Website and its original Content are owned by or licensed to ACT Nexus.

This includes:

Nothing in these Terms transfers ownership of ACT Nexus intellectual property to you.

Subject to these Terms, ACT Nexus grants you a limited, non-exclusive, non-transferable, revocable right to access and use publicly available Website Content for lawful personal or internal business purposes.

You must not, without prior written permission from ACT Nexus:

You may not use the ACT Nexus name, logo, trademarks, trade dress, or branding without prior written permission from ACT Nexus.

Membership or participation in ACT Nexus does not grant you the right to represent that you are an employee, agent, official representative, partner, sponsor, or authorised representative of ACT Nexus unless expressly authorised.

ACT Nexus may organise or facilitate:

Event participation may be subject to separate registration requirements, fees, eligibility criteria, cancellation terms, venue requirements, or event-specific terms.

ACT Nexus may modify:

ACT Nexus will make reasonable efforts to communicate material changes.

ACT Nexus may photograph, film, record, or otherwise document ACT Nexus events for legitimate operational, archival, communications, promotional, and ecosystem purposes, subject to the legal requirements governing the relevant activity and the ACT Nexus Privacy Policy.

Where required, ACT Nexus will provide appropriate notice or obtain the necessary consent.

If you do not wish to appear in certain promotional materials, you should contact ACT Nexus through the designated contact details.

ACT Nexus may facilitate introductions between Members and other individuals or organisations.

An introduction does not constitute:

You are responsible for conducting your own due diligence before entering into any relationship, transaction, partnership, investment, engagement, or other arrangement arising from an introduction.

ACT Nexus is not a party to agreements entered into between introduced parties unless expressly stated otherwise.

ACT Nexus may communicate opportunities including:

Publication or communication of an opportunity does not constitute an endorsement or guarantee.

ACT Nexus does not guarantee that:

You are responsible for conducting appropriate due diligence.

Where ACT Nexus provides a private Member Directory, access is subject to the applicable Membership Terms & Conditions.

Directory information is provided for legitimate ecosystem and professional connection purposes.

You must not:

Additional Directory rules may be contained in the Membership Terms & Conditions.

ACT Nexus does not control relationships between Members.

Members are independently responsible for their dealings with one another.

ACT Nexus does not guarantee:

Users should undertake appropriate due diligence before relying on information provided by another Member.

The Website may contain links to third-party websites, platforms, services, tools, social media accounts, payment providers, event platforms, or other external resources.

Third-party links are provided for convenience and ecosystem purposes.

ACT Nexus does not control third-party websites and is not responsible for:

Your use of third-party Services is governed by the relevant third party’s terms and policies.

Certain ACT Nexus Services may require payment.

Such Services may include:

Applicable pricing will be communicated before payment.

Unless otherwise stated, prices are subject to applicable taxes, duties, processing charges, or other amounts required to be paid in connection with the relevant transaction.

Payment terms, cancellations, refunds, and applicable conditions are governed by the ACT Nexus Refund & Cancellation Policy, together with any applicable Membership or Event Terms.

By interacting with ACT Nexus electronically, you consent to receiving communications electronically where legally permitted.

Such communications may include:

Marketing communications will be handled in accordance with the legal requirements governing such communications and the ACT Nexus Privacy Policy.

Where legally permitted, ACT Nexus may enter into agreements, accept applications, obtain consents, and conduct transactions electronically.

Electronic records, acknowledgements, and signatures may be used where legally valid.

An electronic acceptance of these Terms may constitute acceptance of a legally binding agreement where legally valid.

You must not use the Website or ACT Nexus Services to:

You must not attempt to compromise the security of the Website or related systems.

This includes attempting to:

ACT Nexus may suspend access and take appropriate action where it reasonably believes that a security breach or misuse has occurred.

If you become aware of:

ACT Nexus may investigate reported matters and take appropriate action.

To the maximum extent permitted by law, the Website and ACT Nexus Services are provided on an “as available” and “as is” basis.

ACT Nexus does not warrant that:

Nothing in these Terms excludes or limits any warranty, condition, right, or remedy that cannot legally be excluded or limited.

ACT Nexus exists to facilitate access, connections, knowledge, intelligence, experiences, collaborations, partnerships, and opportunities.

ACT Nexus does not guarantee:

The value of ACT Nexus lies in facilitating access and participation, while outcomes depend on circumstances and actions outside ACT Nexus’s control.

To the maximum extent permitted by law, ACT Nexus and its directors, officers, employees, contractors, representatives, affiliates, contributors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive losses arising from or relating to:

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by law.

To the extent permitted by law, you agree to indemnify and hold harmless ACT Nexus and its directors, officers, employees, contractors, representatives, affiliates, and service providers from claims, liabilities, losses, damages, costs, and expenses arising out of or relating to:

This indemnity does not apply to the extent that the relevant loss was caused by the negligence, fraud, or wilful misconduct of ACT Nexus where liability cannot legally be excluded.

ACT Nexus may suspend or terminate your access to the Website or particular Services where:

Where reasonably practicable, ACT Nexus may provide notice before suspension or termination, but may act immediately where necessary.

Termination of Website access does not automatically terminate obligations that are intended to survive termination.

Upon termination:

Provisions relating to intellectual property, confidentiality, liability, indemnity, dispute resolution, and other provisions intended to survive termination will continue to apply.

Certain ACT Nexus activities may involve information identified as confidential or information that should reasonably be understood to be confidential.

Users must not misuse or disclose confidential information obtained through ACT Nexus where they are subject to a confidentiality obligation.

Nothing in these Terms requires a User to keep information confidential where:

Specific confidentiality obligations may be imposed through separate agreements.

Use of the ACT Nexus Website or participation in ACT Nexus does not create:

Membership does not authorise a Member to bind ACT Nexus.

The inclusion of an individual, organisation, business, service provider, investor, speaker, partner, opportunity, event, or other entity on the Website or within the ACT Nexus ecosystem does not necessarily constitute an endorsement.

Any endorsement or formal partnership will be expressly identified where applicable.

ACT Nexus may work with sponsors, strategic partners, contributors, event partners, service providers, and other organisations.

Partnership or sponsorship does not necessarily constitute an endorsement of every product, service, statement, investment, activity, or business of the relevant organisation.

Third-party relationships may be subject to separate agreements.

Opportunities published or communicated through ACT Nexus may be:

ACT Nexus does not guarantee the continued availability of any opportunity.

If you provide suggestions, feedback, ideas, recommendations, or proposals regarding ACT Nexus, you grant ACT Nexus permission to use and consider that feedback without creating an obligation to compensate you, unless otherwise agreed in writing.

This does not transfer ownership of intellectual property that you independently own merely because you provide feedback.

ACT Nexus will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including:

ACT Nexus aims to make the Website reasonably accessible and usable.

If you experience an accessibility issue, you may contact ACT Nexus at info@actnexus.africa so that ACT Nexus can consider appropriate steps.

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Nothing in these Terms is intended to deprive a User of any mandatory right or protection that cannot legally be excluded or limited.

ACT Nexus encourages Users to raise any concerns or complaints directly with ACT Nexus before commencing formal proceedings.

Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance, or termination, shall first be referred to ACT Nexus at info@actnexus.africa.

The parties shall endeavour to resolve any such dispute amicably and in good faith through discussions and negotiations.

Where a dispute cannot be resolved amicably within a reasonable period, either party may refer the dispute to the courts of the Republic of Kenya.

Nothing in this Clause shall prevent either party from seeking urgent or interim relief from a competent court or other competent authority where such relief is necessary.

Nothing in these Terms is intended to exclude, restrict, or waive any mandatory consumer rights or statutory protections that apply to you.

Where ACT Nexus enters into a consumer, internet, or remote agreement to which mandatory requirements apply, ACT Nexus will comply with the legal requirements governing the relevant transaction concerning disclosure, acceptance, provision of contractual information, cancellation, and related matters.

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

A failure or delay by ACT Nexus to enforce any provision of these Terms does not constitute a waiver of that provision or of ACT Nexus’s right to enforce it later.

These Terms, together with:

Where there is a conflict between these Terms and a specific agreement governing a particular ACT Nexus Service, the specific agreement will prevail to the extent of the conflict.

You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms without ACT Nexus’s prior written consent.

ACT Nexus may assign or transfer its rights and obligations in connection with a restructuring, merger, acquisition, sale of assets, corporate reorganisation, or other lawful business transaction.

Unless expressly stated otherwise, these Terms do not create rights enforceable by any person who is not a party to them.

If you have questions, concerns, complaints, or requests relating to these Terms, you may contact ACT Nexus at:

By accessing or using the ACT Nexus Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.