Terms and Conditions

 

Please take the time to read these Terms and Conditions  carefully.  These Terms and Conditions are very important and are there to protect you (our commercial customers, users and members), our employees, volunteers and organisation ("The Seereer Resource Centre", which may be abbreviated to "The SRC"). 

Your access to the Seereer Resource Centre's Website :  www.seereer.org, your use of information contained herein and your relationship with the Seereer Resource Centre is governed by the Terms and Conditions (set out below) as well as our Terms of Use (of our Website), Publishing and Privacy Policies.  By proceeding further, you will be deemed to have read and accepted them.  


1. Article 1- Definitions


2. Article 2- Applicability, Choice of Law and Jurisdiction

   2.1 General

   2.2 Overriding law

   2.3 Terms and Conditions prevail over other Terms and Conditions

   2.4 Governing law and jurisdiction


3. Article 3- Provision of Services, Documentation, Quotations and Deposits

   3.1 General provision of Services

   3.2 Documentation

   3.2.1 Our name and contact details

   3.2.2 Access to our premises

   3.2.3 Contacting customers, users or members

   3.2.4 Student documentation for our student discount offer

   3.2.5 Jobseekers documentation for our jobseekers discount offer

   3.2.6 User, customer or member personal data

   3.2.7 Requesting quotes

   3.2.8 Despatching purchased goods or tickets to customers or members


4. Article 4- Rates and Charges

  4.1 Rates/prices

  4.2 Currency


5. Article 5- Invoicing, Payment and Penalties

  5.1 Invoicing and payment terms

  5.2 Acceptable methods of payment

  5.3 Penalties 

  5.4 Interest

  5.6 Debt recovery actions, expenses and costs

  5.7 Returned or dishonoured cheques


6. Article 6- Cancellations and Terminations

    6.1 Cancellation of orders

    6.2 Termination of membership (registered users)


7. Article 7- Security, Confidentiality and Privacy

    7.1 Security, confidentiality and privacy

    7.2 Computer viruses

    7.3 Types of incoming e-mails we will not open

    7.4 Types of incoming e-mails we will open

    7.5 Sending outgoing e-mails  


8. Article 8- Loss and Damage to Property

    8.1 Loss and damage to property in the post


9. Article 9- Refusal of Donated Media and Images: Copyright Breaches and Immoral Donations

    9.1 Refusal of donated media/images

    9.1.1  Breaching copyright and intellectual property right laws

    9.2 Donating immoral or illegal work

    9.3 Additional grounds for refusal


10. Article 10- Becoming a Financial Backer or Financial Donor of the SRC
     10.1 Our criteria 
     10.2 Our right to refuse

11. Article 11- Refunds : Purchased Goods and Services

  11. Non-downloads

     11.1 Non-refundable

     11.2 Refundable

     11.3 Refund Policy For Downloads

            11.3.1 Refundables

            11.3.2 Non-Refundable

            11.3.3 How we refund


12. Article 12- Third Party Services

      12.1 Third party service providers

      12.2 Our hosting company  


13. Article 13- Accuracy of Website content

      13.1 Our articles and transcripts

      13.2 How to cite our articles and transcripts?

      13.3 Contacting article authors


14. Article 14- Authors

      14.1 Guidelines and requirements

      14.2 Sending your papers to us

      14.3 You are the copyright owner


15. Article 15- Limitation of Liability


ARTICLE 1 DEFINITIONS


1.1 Definitions


  1. “We”, “our”, “ourselves”, “our employees”,  "our volunteers", “our management team”, “the SRC”, "the Centre"  and “us” means The Seereer Resource Centre.
  2. "Users", "members", “customers”, “clients”, “you”, “your”, “them” and “they” means any person (except employees, volunteers and managers of the Seereer Resource Centre), legal entity and/or anyone acting on behalf of a legal entity that we have agreed to provide a service or product to. 
  3. “Legal entity” means companies, businesses, organisations, firms, institutions, etc.
  4. “Service(s)”, “Our Services” / "our services", "our Services", "our product(s)" or "Our Product(s)" means any service(s) or product listed on our Website : www.seereer.org that we may offer you in return for a financial consideration or for free. 
  5. “Mail”, “post” or "e-mail" means the despatching or receiving of products/services through the general postal service (for example Royal Mail), by private courier firms or via e-mail for you to print of e.g. event tickets.
  6. “Damage(s)” means death, bodily injury or wounding to a customer or user, loss, partial loss, theft, economic loss, consequential loss etc. arising out of or in connection with the provision of our services to the customer/user.  
  7. “Economic loss” or “financial loss” means loss of sales/revenue, loss of profits, loss of contracts etc.  
  8. “Payment” means money or monies received from you by us in consideration for providing our service(s) to you.
  9. “Rates” or “charges” mean the price(s) of our products service(s) 
  10. Quotation” or “quote” means requesting a quote from us based on your desired product/service(s) and volume in order to determine postal cost. Such quotes may be made by e-mail, mail, fax, telephone or by filling in our online  Contact Us Form so we can get back to you by telephone or e-mail.  Our Website is www.seereer.org.
  11. “Invoice” means a bill or statement issued by us to  a customer after payment for our goods/services have been made. 
  12. “Registered Users” or “Registered Members” means users or members  who have registered with us by filling our online registration form in order to use our membership facilities such as forum and event submission page.
  13. “Unregistered Users”, or “Unregistered Customers” means non-commercial or commercial users who have not registered an account with us via our Website www.seereer.org, but require Our Service(s) on an ad hoc basis or one-off or otherwise.
  14. "/" means "and/or".
  15. "Premium goods and/or services" means any goods or services that is offered by us in return for a financial consideration. Examples include our Teach Yourself Materials (the books and CDs, as well as the dowloading of these materials in return for money) and tickets to our events.
  16. "Senegambia" or "Senegambia Region" means the West African countries of Senegal and the Gambia.
  17. "Senegambian(s)" means nationals of Senegal and/or the Gambia living within the Senegambia Region who do not have access to a debit or credit card in order to use the services of PayPal. 
  18. "Senegambian outlets", "Senegalese outlets" or "Gambian outlets" means those who have been officially appointed by us to act as our agents and distribute our goods and services within the Senegambia Region.
  19. "Download(s)" means any product/service downloaded from our sytem for a fee e.g. language books and language CDs materials downloaded in the form of PDF and MP3 format.
  20. Non-download means products or services not download from our Website but are sent to to the customer's addresss or physically given to them or their representatives after payment has been received. Examples of this include: language books and CDS.
  21. Mauritanian outlets are those officially appointed by us to distribute our goods and services in the West African country of Mauritania.
  22. "Article(s)" means any published paper on our Website written by an author who is qualified to write about the subject.
  23. "Author(s)" or "our authors" means any scholar or Master's Student who have written an article/paper to be published on our Website. 
  24. The singular includes the plural and the plural includes the singular. 


ARTICLE 2 – APPLICABILITY, CHOICE OF LAW AND JURISDICTION


2.1 General 


Your use of Our Services constitute an expressed acknowledgement and acceptance of the Seereer Resource Centre's limitation of liability, Terms and Conditions of Business (the Terms and Conditions contained herein), Terms of Use (use of our Website www.seereer.org), Publishing and Privacy Policies.  By requesting quotes from us in relation to Our Services, placing orders for any or a combination of Our Services, accessing and using our Website and/or Our Services, you hereby agree on your own behalf, on behalf of any legal entity or entities on whose interest or behalf you act as well as any person or persons on whose interest or behalf you act, represent and/or seek to contract the customer/user/member to accept, respect and abide by these Terms and Conditions, Terms of Use,  Publishing and Privacy Policies.  You further represent that you require our service(s)  that will or may be provided to you by us including our employees and volunteers. 


2.2 Overriding Law


These Terms and Conditions are applicable unless they are inconsistent with applicable law in which case the applicable law shall take precedence.


If any Article(s) and/or sub-Article(s) of these Terms and Conditions is and/or are deemed invalid under any applicable law, then the other Articles and/or sub-Articles will nevertheless remain valid to the extent that, the remaining Articles and/or sub-Articles are able to stand on their own without the Article(s) and/or sub-Article(s) deemed to be invalid.


2.3 Terms and Conditions prevail over other Terms and Conditions


If these Terms and Conditions are inconsistent or in conflict with other Terms and Conditions, then these Terms and Conditions shall take precedence and prevail accordingly.


2.4 Governing law and jurisdiction


These Terms and Conditions, our Terms of Use, our Publishing and Privacy Policies and any contract you enter into with us, shall be governed and interpreted by and in accordance with the laws of England.  If there is or are any dispute(s) arising out of or in connection with this contract, then such dispute(s) shall be subject to the jurisdiction of the English Courts.


ARTICLE 3 – PROVISION OF SERVICES, DOCUMENTATION, QUOTATIONS AND DEPOSITS


3.1 General Provisions of Services


3.1.1 We will provide our Products/Service(s) only to customers/users/members who have requested to use our products/services either for free as with most of the services we provide on our Website, or for finacial consideration for example the purchase of our product such as our language course materials (the book and CD) or tickets to our events. We will provide our Products/Services to paying customers only if the customer(s) have made payments in full  in consideration for receiving such product/service.


3.2 Documentation


3.2.1 Our name and contact details


Our name is "The Seereer Resource Centre" which may be abbreviated to "The SRC", especially when receiving telephone calls from users, members, customers or members of the general public.   Any invoices sent to customers after the provision of Our Service(s) will contain our contact  details.  


3.2.2 Access to our premises


For confidentiality, insurance and safety reasons, we are unable to permit any personal visits to our premises at present. This will change in the near future, and any changes to this will be provided on our contact page and social media such as facebook and twitter.


3.2.3 Contacting customers, users or members


  1. We will make contact with customers, user or members via the e-mail address they have provided us at the time of registration or expression of interest.  We may also occasionally make contact with customers, user or members by phone, text message, fax or mail to the address they have provided us, especially when sending out purchased items or tickets. Evidence of dispatch of e-mail, text messages, mail or fax will be deemed to be evidence of receipt.  
  2. If you have purchased our poducts/services and have not provided us with a valid e-mail address, address, telephone land line number, mobile  or fax number, you should notify us by writing to us by e-mai or fill in our contact form. It is your responsibility to give us your proper details so that we can despatch the purchased goods to you.

3.2.4 Student documentation for our student discount offer


3.2.4.1 Unless otherwise agreed, it is the responsibility of each and every student to provide proof of their status as a student in order to receive our student discount (10% off) or any student offer we may provide.  


3.2.4.2 Acceptable proof includes but is not limited to:


  1. A valid National Union of Student (NUS) Card or similar for non UK resident clients;
  2. A valid university/college student card;
  3. Letter from college/university authenticated by a tutor or Admissions (letter must be stamped with the college or university seal and dated within three months), 
  4. Stamped enrolment letter/receipt
  5. If the student is a minor, only their parents or legal guardians can enter into a contract with us. The accepted proof of id stated above applies equally.

3.2.5 Jobseekers documentation for our jobseekers discount offer


3.2.5.1 Unless otherwise agreed, it is the responsibility of each and every jobseeker to provide proof that they are indeed in receipt of benefits from the Department of Work and Pensions (DWP) or similar Government Bodies for non-UK residents in order to receive our jobseekers discount (10% off) or any jobseekers offer we may provide.


3.2.5.2 Acceptable proof includes but is not limited to: 


  1. Proof of benefit letter;
  2. Letter from the DWP/Jobcentre Plus or similar for non-UK residents (letter must be stamped and dated within 3 months).  
  3. Where there is no welfare government department as in many African countries - in order to verify unemployment, a character letter from a person of high standing e.g.  teacher, doctor  or lawyer will suffice. The letter must be written using their institution or firm's letter head. These may be personal friends or family members.


3.2.6 User, customer or member personal data


User, customer or members recognise and accept that their personal data has been given to us in order for us to provide Our Service(s) to them,  and such data may only be made available to third parties such as the Police, Her Majesty’s Customs and Exercise and the Courts only if required to do so by law.  For these purposes, you hereby authorise us to retain and use such data and to transmit it to our own employees or volunteers who have all signed Contracts of Employment and/or Non-Disclosure Agreements, in order for us to provide you with such service(s), and to the aforementioned Bodies or Organisations only if required to do so by law.  Your personal data will not be used for marketing activities without your prior permission.  It will also never be transferred to a third party whatsoever. You are advised to read Article 7: Security, Confidentiality and Privacy, our Privacy Policy and Article 12: Third Party Service Providers, especially about our hosting company.


3.2.7 Requesting quotes


  1. Bulk buyers are always advised to get a quote from us first before clicking the buy now link to our PayPal account. This is because they may need to get a quote for the actual cost of posting their huge order as well as discounts from us as bulk buyers. Quotations may be obtained by e-mail or using our contact form.  
  2. E-mailing or contacting us via our contact form or otherwise indicates acceptance of our Terms and Conditions, Terms of Use, Publishing and Privacy Policies.
  3. Any quote(s) given by us will be based on the information you have provided and at the time the information was given.
  4. We do not determine the price structure of the postal service. The cost of postage depends on the time you have made the request. If you initially decline to have it sent to you by post and later change your mind,  then we reserve the right to requote based on your new decision.
  5. If we have decided to give you a certain discount based on your volume order, but you declined the offer and subsequently accept the offer with a new volume order, then we reserve the right to requote based on your new decision. Prices are subject to change and the price initially given may have gone up or come down.
  6. Without prejudice to Article 3.2.7, quotation does not mean contract.  Contract comes into force once you have accepted our quote and  paid for the items in full.

3.2.8 Despatching purchased goods or tickets to customers or members


  1. All books and CDs purchased from us will be posted by mail to the address you have provided.
  2. Tickets will be posted by mail to the address you have provided unless it is a print-off ticket (a ticket you can print-off from your computer)
  3. Downloads are despatched the moment you have downloaded your paid for services from our system. 
  4. All postal deliveries will be made using Royal Mail's special delivery service which is payable by you.  We do not add insurance, if you would like us to add insurance, you must notify us in advance before we despatch the goods to you. You are liable for all postal costs incurred.  
  5. For our Senegambian customers/users/members living within the Sengambia Region, goods/services are despatched the moment you have paid in cash to our official outlets in Senegambia and they place the good on your hand and/or issued you a ticket whichever is appropriate.

ARTICLE 4 – RATES AND CHARGES


4.1 Rates/Prices


4.1.1 Our prices only apply to the product/service(s) bought but does not include UK VAT, discounts or packing and postage. We do not add Value Added Tax to our products/services as we are not registered for VAT. The price of postage is determined by the postal service (Royal Mail) which you are liable for. 


4.1.2 Prices will be calculated in accordance with our Prices in effect on the date of payment, date the order was placed by you, the date a quote request was received from you by using our online contact us form or any other method including e-mail, fax, telephone or mail.   Should you make changes to your order, you will be liable for any additional cost(s) .

4.1.3 The prices for each premium product/service is listed next to the product or service. You can also visit our oneline store for the price of products and services on offer.

4.1.4 The SRC  does not charge membership fees. You are free to use most of our services for free. 


4.2 Currency


All prices are in Great Britain Pound (GBP) Sterling (£) and all payments for premium products/services are to be made in GBP Sterling (£) unless otherwise agreed. Non-UK resident clients are advised to visit reputable currency conversion websites in order to determine the current rate. Non-UK residents are further advised that conversion rates may go up as well as down and the true rate will be based on the time and/or date they have actually placed their orders or made payment via PayPal. You are further advised to read PayPal's Policies especially in regards to the protection afforded to you and your rights as a buyer. For our Senegambian customers living within the Senegambia Region who are unable to use the services of PayPal because they do not have a debit or credit card, payment will be made in the local currency by cash from our official Senegambian outlets.


ARTICLE 5 – INVOICING, PAYMENT AND PENALTIES


5.1. Invoicing and payment terms


5.1.1 All paying customers will receive an invoice from the date full payment has been received into our account. Where the date falls outside our working days, invoices will be sent out on the  next working day either in the form an e-mail attachment or enclosed within the despatched goods whichever is appropriate.  For our working days see contact us


5.1.2 Where our product or service is purchased from one of our official outlets within the Senegambia Region in cash, a receipt will be issued from the moment payment has been made. 


5.1.3 At our discretion, we may in certain circumstance grant permission for the customer to make part payment towards a good/service before it is despatched from our premises. Where permission has been granted, such payment must be settled in full within 7 days.  


5.2 Acceptable methods of payment


5.2.1 All payments for our premium goods and services are made via PayPal. This will remain the case until further notice. 

5.2.2 In certain circumstances we may accept cheques but only from institutions like schools, colleges and universities. 

5.2.3 We recognise that credit or debit cards are not accessable to most Senegambians and therefore they would not be able to make payment via PayPal. For this reason, we have official outlets in Senegal and the Gambia where products or services can be purchased in cash, in the local currency.  Checkout our official outlets


5.3 Penalties 


  1. Where we have decided to exercise our discretion by giving you full credit without any down payment (which is only given to institutions buying in bulk),  or allowing you to make a part payment with the view of settling the remaining balance within seven days, it is your responsibility to ensure you settle your accounts in full and on time.  Late and/or non-payment will incur penalties unless otherwise agreed by us.

5.4 Interest


The Seereer Resource Centre  reserve the right to charge interest on all late and/or outstanding balances owed to us at a rate of 5% per month.  


5.5 Debt recovery actions, expenses and costs


All expenses and/or costs incurred to recover payment such as but not limited to debt-recovery cost will be charged to the customer.  We would prefer to come to an agreement and not use the services of debt collection agencies or the courts to recover monies from our customers due to their late or non-payments, but if necessary, we would use the services of debt collection agencies or the courts to recover all monies owed to us.  If you are going through financial problems for whatever reason, it is always advisable to contact us and notify us early so we can see what we can do to help you settle your account.  


5.6 Returned or dishonoured cheques


It is the responsibility of all customers to ensure that they have sufficient funds in their own institution's bank accounts before issuing cheques to us. If a cheque(s) is issued to us by a customer(s) and the cheque(s) was returned or dishonoured by the bank(s) due to insufficient funds in the customer's or customers' bank account or for whatever reason, then the customer(s) will be liable to us.  The customer(s) will also be liable for all bank charges as a result of issuing a dishonoured cheque(s).


ARTICLE 6  – CANCELLATIONS AND TERMINATIONS


6.1 Cancellation of orders


An order may be cancelled in accordance with the following conditions:


  1. We or the customer(s) may cancel the order at any time provided we have not incurred any cost in following their instructions e.g. printing costs, production costs, etc. which was incurred before the cancellation was received. 
  2. Either party wishing to cancel  must do so in writing by e-mail. Cancellation e-mails must be sent to [email protected]  (see contact us).
  3. Where there are changes or unforeseen circumstances beyond our control, we may not be able to offer certain products or services and may have to cancel certain products or services e.g. pre-scheduled events etc. Under such circumstances, all customers, users or members will receive an e-mail notification and full refund of their money in the same manner they have made payment.
  4. Failure to give written notice will be deemed as the  customer's intent to continue with the contract and as such, payment will be required from the customer in accordance with the Terms and Conditions contained herein.
  5. Failure to give written notice to the customer, member or user will be deemed as our intent to continue with the contract and as such, we must perform what we have been paid to do or return the money in full.
  6. We reserve the right to terminate or suspend your use of any and/or all of Our Services if you fail to make payments due to us.  We further reserve the right to terminate or suspend your use of any and or all of Our Services until such payments are made.
  7. Our contract is with with you. Therefore, we are not liable to any third party.


6.2 Termination of membership (registered users)


Termination of membership accounts can occur in the following ways:


a. A member or user or may terminate their membership by login into their account on our Website www.seereer.org and terminate their membership from there. Alternatively, they can send an email to [email protected] stating their desire to terminate. Their membership will be terminated immediately and they will be deleted from our system. Contribution to forum posts cannot be deleted.

b. We may terminate your membership if we believe that you have breached any of our Terms and Conditions contained herein, Terms of Use, Publishing and/or Privacy Policy. We may further terminate your membership if you have been continually warned before about your actions e.g. bullying or discriminating against another member/user in (whatever form) on our forum or other parts of our Website. 

c. Where a member/customer(s) decides to terminate their membership, they must ensure they have paid us any money or monies previously owed including but not limited to expenses incurred or may be incurred as a result of carrying out their instructions, the legal entity or entities they represent and whose interest they act upon, or a person or persons they represent and whose interest they act upon.  Termination or cancellation of membership does not mean refusal to pay any money or monies due to us. You will still be liable for any payment due to us including but not limited to any expense or expenses we have incurred or may be incurred as a result of carrying out your instructions before the date of termination/cancellation of membership.  

d. We reserve the right to terminate or suspend your use of any and/or all of Our Services if you fail to make payments due to us that is owed. We further reserve the right to terminate or suspend your use of any and/or all of Our Services until such payments are made.


ARTICLE 7 – SECURITY, CONFIDENTIALITY AND PRIVACY


7.1 Security, confidentiality and privacy


7.1.1 The security, confidentiality and privacy of our users/members is very important to us. We have several safeguards to ensure confidentiality and security of our users especially our members who are directly affected by it. The security and privacy of our members and the community we represent are more important to us than any financial gain we may or may not make. Members are particularly advised to read the terms contained herein, Articles 3.2.6 and 12: Third Party Services - especially about our hosting company (Article 12.2). You are further advised to read our Privacy Policy to ease your mind. Any information provided to us is held and used in the strictest of confidence. Your details are not provided to any third party whatsoever without your written consent.  We are however obliged to provide this information to official bodies such as Courts, Customs & Excise and the Police should we be required to do so by law.  We take your privacy and the security of your information very seriously and are dedicated to maintaining high privacy standards.  


7.1.2 The Seereer Resource Centre adheres to The Data Protection Act 1998 (of the United Kingdom) and The Privacy and Electronic Communications (EC Directives) Regulations 2003.  All employees and volunteers of the SRC sign a Contract of Employment as well as a Non-Disclosure Agreement and are rigorously screened before they are offered employment or placement.  


7.2 Computer viruses


7.2.1 Types of incoming e-mails we will not open


  1. Due to countless viruses and malwares in cyberspace, all incoming e-mail(s) with or without an attachment(s) will be scanned for viruses, malware, worms, Trojans, etc.  
  2. We will open no unsolicited e-mail(s) with or without an attachment(s).
  3. We will open no e-mail without a text message.  In other words, a blank e-mail(s) with or without an attachment(s) will not be opened. 


7.2.2 Any e-mail that we have deemed to be a risk to our computer system will be deleted immediately from our system.


7.2.3 Types of incoming e-mails we will open


We will open any incoming e-mail(s) with or without an attachment(s) provided all of the following conditions have been satisfied:


  1. The incoming e-mail has been scanned for virus by us and our system instructed us that it is safe to open.
  2. The incoming e-mail is not an unsolicited e-mail for example a recognised member/user/customer whose e-mail we have been expecting.  This example is not exhaustive.
  3. The incoming e-mail has a text message.  In other words, a non-blank e-mail(s) with or without an attachment(s) will be opened.


7.2.4 Any incoming e-mail(s) that passes all the tests of Article 7.2.3, a, b and c will be opened.  


7.3 Sending outgoing e-mails


We scan all outgoing e-mails with or without attachments.  We also have measures in place to ensure that our system is free from viruses, malwares, etc. However, we cannot guarantee any outgoing e-mail with or without an attachment(s) is virus free during transmission from us to you.  As such, the SRC will not be liable for any virus or viruses, malware etc., that is or may be transmitted to your system as a result of sending you an e-mail.


ARTICLE 8 – LOSS AND DAMAGE TO PROPERTY


8.1 Loss and damage to property in the post


It is your responsibility to ensure that you use the safest and most secure service when mailing anything to us e.g. returned goods - at your own cost,  and that you obtain and keep for your own records any proof of postage when using your local postal service.  It is also your responsibility to pay for the cost of postage for items or services you have ordered from us. We will keep any proof of postage which you can view or have a copy of  provided you have paid for it in advance at the time or after taking your order but before despatch or during checkout.  In such cases, we will keep the receipt for 1 year and if you decide to have a copy or see a copy, that can be arranged in accordance with the Terms and Conditions contained herein.  


8.1.2 The SRC will not be liable for any loss of property, damage to property, larceny or theft as a result of sending anything to us using the postal service, whether it is by you or someone else acting on your behalf.    


8.1.3 The SRC will not be liable for any loss of property, damage to property, larceny or theft as a result of sending you anything using the postal service, whether it is by any member of our management or supervisory team, employees or volunteers. 


8.3 The SRC will not be liable for any loss of property, damage to property, larceny or theft during the transportation of your property via the postal service.  


8.1.4 It is in the interest of customers why we have elected to deliver all items using the Royal Mail's special delivery service. Although more expensive, it is safer and more secure. The Royal Mail will also issue a compensation where items are lost using this service. 


ARTICLE 9 - REFUSAL OF DONATED MEDIA AND IMAGES: COPYRIGHT BREACHES AND IMMORAL DONATIONS


9.1 Refusal of donated media/images

9.1.1 Breaching copyright and intellectual property right laws

Although we really appreciate the donation of images, videos, articles and materials made to us by members of the Seereer community and friends who support our vision, it is in the best interest as well as the responsibility of donors to ensure that any donations of media images, documents, materials or files including but not limited to thesis, books, essays, manuscripts, media, etc., is free from third party claims for breach of copyright and/or licence. You cannot donate something that does not belong to you. 

Donors are prohibited from plagiarising work especially when submitting articles to us for review, breaching third party copyrights, licence or other intellectual property rights and passing it off as their own and/or redistributing it without the permission of the copyright holder or owner, or if prohibited from doing so under the Copyright Design and Patents Act 1988 (UK).  Although copyright infringement is usually a civil matter in the UK, it could lead to a criminal offence and donors are advised never to break such laws. The Seereer Resource Centre  will not be held liable for any breaches of copyright and/or other intellectual property rights as well as plagiarised work submitted to us by a member, user or donor.   Where we suspect a member, user or donor of breaching copyright laws and or intellectual property rights laws as well as plagiarising work, we reserve the right to remove the work or item from our Website  and to hold the offender  liable for any costs and/or expenses suffered or incurred or may be suffered or incurred including but not limited to any damages, costs, etc., paid out by the Seereer Resource Centre to any third party or parties as a result of their breach.  Members who persistently breach such laws will have their membership privileges revoked and debarred from using our services.

9.1.2 Where a copyright holder or owner and/or an intellectual property right holder or owner suffers any loss or damages however it occurs as a result of the SRC, its employees or volunteers unknowingly accepting donated work or item from a member, user or donor who have breached copyright and/or intellectual property right laws, then our liability if any will be limited to the value of £50 or the value of the work at the date it was added on our Website whichever is the lesser. 

9.1.3 The SRC, its employees and volunteers accepts no responsibility and no liability for any work submitted to us by donors who have breached copyright and/or intellectual property right law however it occurs. 

9.2 Donating immoral or illegal work

We reserve the right to refuse any work including but not limited to any document, file, media, image, etc., we deem to be illegal and/or immoral.

9.3 Additional grounds for refusal

Without prejudice to Articles 9.1 and all its sub-Articles as well as Article 9.2, the Centre further reserves the right to refuse any donated work from anyone if one or more of the following occurs or we have reasonable grounds to belief it/they will occur:

  1. Where refusal is necessary in order to comply with domestic and international law including but not limited to government rules and regulations.
  2. Where a donor donating the item has failed to provide proof of ownership or a letter of permission by the legal owner(s) granting us permission to use the work on our Website. A letter of permission can be in the form of a mailed letter, electronic e-mail communication, or communication via social media e.g. Facebook private messaging service. Anything in writing by the rightful owner giving permission will suffice.
  3. Where we suspect the donor's motives are contrary to the vision of the SRC, and the motives for their donation is religious or politically driven.
  4. Where we have reasonably exercised our discretion and/or rights and refused to accept any donated items from a person(s), the SRC including its employees, management and supervisory team as well as its volunteers will not be liable for any consequential loss or damage alleged due to our refusal.  

ARTICLE 10- BECOMING A FINANCIAL BACKER OR FINANCIAL DONOR OF THE SRC 
 
10.1 Our criteria

The Seereer Resource Centre is not a charitable organisation according to the legal definition of the term within the United Kingdom. We are a group of individuals with a common purpose. Some of which include to:

  1. preserve Seereer heritage, culture and traditions free from prejudice and discrimination, be it ethnic or religious; 
  2. highlight and stop the politically driven agenda of this "one-sided assimilation program" inherited from the colonial days, now sweeping through the                     Senegambia, which is to the detriment of Seereer cultural heritage and identity;
  3. support poor Seereer communities in Mauritania and other Black communities in the country who have been the subject of discrimination and persecution;
  4. ensure every single Seereer lives a dignified and happy life in accordance with the spirit of The Universal Declaration of Human Rights;
  5. support every Seereer in needs of our services, young or old, male or female, no matter what their political or religious beliefs; 
  6. ensure every Seereer child has access to good education; 
  7. ensure every Seereer child or young adult has the freedom to study Seereer religion in  school or college if that is their wish and/or the wishes of their               parents, without bigotry or religious discrimination, but Seereer religious lessons taught in an engaging and supportive manner, just like the Abrahamic             religions of Christianity and Islam are taught in Senegambian schools. 

We welcome donations or financial backing from the wider Seereer community and anyone who supports our vision. We welcome any help from the community in order to achieve our charitable objectives. However, we cannot accept donations or financial backing from individuals, groups or organisations whose intentions are contrary to our vision. Where we suspect a donor's motive is contrary to our vision, the Centre will return all monies donated back to the rightful donor and removed them from our list of financial backers/donors. Where donations have gone on for several years and their overall financial contribution to the Centre and its charities are significantly great, a yearly instalment will be put in place in order  to ensure they receive all monies they have contributed to the Centre and its charities. Where they have refused to accept the returned money, the SRC will donate it to other charities or organisations, preferably, those with a similar ideology of the backer/donor. 

10.2 Where we have reasonably exercised our discretion and/or rights and refused to accept any financial donation from a person(s) or organisation(s), the SRC including its employees, management and supervisory team as well as its volunteers will not be liable for any consequential loss or damage alleged due to our refusal.  

ARTICLE 11– REFUNDS PURCHASED GOODS AND SERVICES

11. Non-Downloads

11.1 Non-refundable

Apart from the provisions set out in Articles 6.1 c and e.; 11.1.1; 11.2 a and b; and 11.3.1 of these Terms and Conditions, any money or monies paid to us by a commercial customer(s) for the provision of Our Service or Product(s) is/are non-refundable.  

11.1.1 Without prejudice to Article 11.1, where we have been unable to meet our obligations i.e. being unable to hold a pre-arranged event for whatever reason or not being able to despatch an item to the customer(s)’, we may offer an alternative product/service or a full refund whichever the customer prefer.

11.2 Refundable

Along with the provisions set out in Articles 6.1 c and e, and 11.1.1, a customer will be entitled to a refund:

  1. Where they had paid for the cost of postage in advance and at the time of sending the item(s), the cost of postage went down.   In such a case, the customer would be refunded the difference between what they had paid and the true price of postage at the date such items were despatched.
  2. Where we cancelled a service(s) for whatever reason, a customer(s) who had paid in advance either in the form of a deposit or fully but never received their goods/services due to our cancellation, provided they had not utilise part of their payment(s) for our other Services, will  be refunded the full sum of their advance payment(s)

11.3 Refund Policy For Downloads


Most of the services provided by the SRC is for your free use. You use them without paying a penny for them. We also give users the opportunity to test out some of our premium products before downloading them for a commercial consideration - i.e. paying for them. A good example of this is our interactive language courses where we have provided lesson 1 of our Teach Yourself Language courses  for free, for you to  use or  download and read at your leisure without paying a penny for it. In addition to this, we give you free access to our documents and other resources without charging you a penny.  Most people are honest and in certain circumstances, due to some technical reasons,  the downloaded service/document may be faulty or not fit for purpose. However, there is a small minority who pay for downloads in order to defraud  the Centre. This has an adverse effect on the charities we support and to our organisation as a going-concern. The SRC will exercise its legal rights by using the full extend of the law to prosecute those who download our services paid for or otherwise, with the view to defrauding  the Centre, either by making illegal copies and selling them off to others for financial gain; or by paying for our downloadable services, downloading  them on to their computer system before asking  for a refund knowing full well there is not much we can do about it as there is no way of ascertaining truth. 

The SRC will not refund customers who have downloaded items for a fee e.g. books and CDs, if 30 days have passed from the date you have purchased our downloadable services whether you have downloaded it or not. 


11.3.1 We will only give full refunds in the following circumstances:


  1. We both agree that our downloaded product is not fit for purpose.
  2. We discontinued the service within 30 days after you've purchased and/or downloaded it.
  3. We receive instruction from your bank that your credit or debit card was stolen in order to pay for our service(s).


11.3.2 Non-refundable 


  1. Those who violate any of  our terms will not be refunded. 
  2. Those who are abusive to our staff, volunteers, users or members will not be refunded
  3. The terms and conditions contained herein, our Terms of Use and Privacy Policy equally applies to downloaders as they apply to any other user and vice-versa.  


11.3.3 How we refund


As stated or implied elsewhere in these Terms and Conditions, downloaders will be refunded  the same way as non-downloaders ( i.e. those who have paid for the the physical book and CD). They will be refunded in the same manner they have paid for the item(s).


ARTICLE 12 – THIRD PARTY SERVICES

12.1 Third party service providers

Third party organisations, businesses or service providers linked to our Website www.seereer.org have their own Terms and Conditions, Privacy Policy and Terms of Use.  You are advised to read their Terms and Conditions, Privacy Policy and Terms of Use when you visit these websites before submitting any of your personal data.  If they do not have any of these documents on their websites or you cannot find them, you may contact them using their contact page. The SRC is neither responsible nor liable for the specific performance, breach of contract, poor security or safeguarding of personal data of any of these third parties. We also pay proper attributions to  private individuals who have been kind enough to donate their work to us. Sometimes we link directly to their social media pages. The SRC is not necessarily affiliated to these individuals.

12.2 Our hosting company

Our hosting company is webs.com. This company manages our online membership registration form and it is there terms and conditions you see underneath our registration form. You are always advised to read their full terms and conditions before registering to use our member facilities e.g. forum, event submission feature, etc. As stipulated in Articles 3.2.6 7 of these terms and in our Privacy Policy, we can assure you that the SRC will never ever sell or disclose your personal data to anyone unless we are required to disclose it by statutory law e.g if you have committed a criminal offence and statute law dictates that we reveal your data. As with the provisions stated in Article 12.1, our hosting company is just like another third party  and the SRC is neither responsible nor liable for the specific performance, breach of contract, poor security or safeguarding of personal data.  

ARTICLE 13 – ACCURACY OF WEBSITE CONTENT

13.1 Our articles and transcripts

We take every step to ensure that anything published on our Website is accurate and free from errors. In regards to our articles, we adhere to the following criteria (see below):
 
  1. Authors must be qualified in the subject
  2. Every claim must be supported by reliable and verifiable references
  3. Articles must be written in a neutral manner 
  4. Articles must be written in an encyclopedic style
  5. Every article must use the Harvard Style of Referencing. 
  6. Every article must be reviewed by an editor or team of editors knowledgeable about the subject before it is posted on our Website. 

We will endeavour our utmost to ensure that what is presented in our articles adheres to these principles. We however cannot guarantee the accuracy of any article and are therefore not liable for any inaccuracy or inaccuracies contained therein. If you see an error in a article please feel free to send us an e-mail at [email protected] stating clearly your objections or what the error is along with reliable and verifiable references to support your claim. If we are satisfied with your objections, the author will be notified and we will pull the article down and correct any inaccuracies were practicable or completely remove it from our site. 

Our audio and video files are translated and transcribed using Intelligent Verbatim. We try to stay true to the original source with little or no correction of the translated and transcribed text. However, as with any translation, it is inevitable that some words/meaning may be lost during translation. 

13.2 How to cite our articles and transcripts?

At the top and bottom of each article and transcript contains instructions for citing that paper. Please give credit to our authors and to this Website when citing any paper published on this site. 

13.3 Contacting article authors

If you need to get in contact with the author of any article, please follow the contact instructions at the top of each paper. To avoid receiving junk e-mails, some authors have requested that anyone interested in their papers should initially e-mail the SRC at [email protected] so that we can arrange a contact. Please provide your full name, e-mail address, author's name and link to the relevant article when e-mailing us. We will pass on your details to the relevant author who will then contact you directly. Where an author has elected to have their e-mail address published so that those interested in their work can contact them directly, please do not send them junk or marketing e-mails. 

ARTICLE 14 – AUTHORS

14.1 Guidelines and requirements

The SRC welcomes scholarly papers authored by individuals wishing to make their work available to the general public and the academic world at large.  Along with the provisions set out in Article 13 and our Publishing Policy, authors must:

  1. be qualified in the subject they write about 
  2. support claims with reliable and verifiable sources
  3. write in a neutral manner 
  4. write in an encyclopedic style
  5. not plagiarise or breach copyright laws
  6. adhere to the Harvard Style of Referencing when submitting any work to us for publication on our Website www.seereer.org (see our Publishing Policy for guidance).

Without prejudice to any of the provisions stipulated in Article 14.1 a - f and elsewhere, the SRC recognises that scholars/authors are experts in their field. The SRC grants authors the right to gather and analyse primary sources using their own professional judgement along with any privileges an expert/scholar would be expected to possess. 

14.2 Sending your papers to us

Authors must e-mail completed work to [email protected] in Microsoft Word format specifying clearly:

  1. their full name
  2. title of the paper
  3. date/year authored
  4. how they want their work to be cited by others if it differs from our citing policy
  5. the category they would like their paper to be published under, e.g. Seereer religionhistory,  culturemedicine, languages or literature. Please choose your category wisely in order to increase readership of your work.  The SRC reserves the right to re-categorise your work if the category you've selected is inappropriate.
  6. whether they want us to add their e-mail address at the bottom of the article so that interested parties can contact them directly, or whether interested parties should e-mail the SRC at [email protected] so that we can pass on people's contact details to the them (the author) in order for the author to contact the person directly. 

If your paper meets our publishing guidelines, we will publish it on our Website and send you an e-mail notification informing you of the fact along with a direct link to the relevant page. 

There are no limits to the number of papers per author. You can send us as many papers and on different topics as you like. 

14.3 You are the copyright owner

You the author are the full copyright owner of your work. We do not own the rights to your work. The SRC only disseminates it to the general public and the academic world. However you agree to:

  1. give us permission to publish your work on our Website for free
  2. grant the general public and/or academics right to have access to it for free

In return for publishing your work, the SRC and the end-user agrees to give you credit when citing your work and in accordance with our citing policy. Where you have elected to deviate from our citing policy and have notified us accordingly, we will abide by your instructions by specifying at the bottom of your paper the way you want readers to cite your work followed by : "[in] The Seereer Resource Centre. URL: full url link." Our citing policy supports the following referencing style (for online articles):

         Your surname, your name, "title of your paper", name of university - level e.g. Master's (if relevant) (date or year) [in] The Seereer Resource Centre.
         URL:   www.seereer.org
         
         For example: Faye, Wagaan, "History of the Seereer people", Université Cheikh Anta Diop de Dakar - Master's Thesis (2005) [in] 
         The Seereer Resource  Centre. URL: www.seereer.org
         
         Please see this example about citing sources, how your work will appear on our Website and how users will cite your work. 

ARTICLE 15 – LIMITATIONS OF LIABILITY

15.1 The Seereer Resource Centre will take duty of care, use its skills, knowledge, expertise and professional integrity when providing any of its Products/Services to you.  We cannot set financial limits to our liability for death, wounding and/or injury of a user, member or customer due to their use of Our Products/Services, because we cannot evade our liability for death, wounding or any injury suffered by a user, member or customer using our Products/Services where we are found and proven beyond reasonable doubt to be liable under English Law.  

15.2 Where a claim for death, wounding or injury has been brought against us, we will notify our Insurance Company from the day we found out a claim has been made against us or at the earliest opportunity.  

15.3 Where a claim for financial or economic loss including but not limited to loss of sales/ revenue, loss of profits etc., has been brought against us, and the claim is £50 or less, we may at our discretion settle the claim out of court and make payment to the claimant(s).  Making payment(s) or settling out of court should not be viewed as acceptance of liability.  Where we can proof that the loss was a result of your own negligence and/or we are not liable and were later exonerated, you will be liable for any payment made to you including but not limited to any costs and/or expenses suffered by us or may be suffered by us as a result of your claim(s).  

15.4 We will not be liable for the death, wounding, injury and/or any economic loss or financial loss including but not limited to loss of sales revenue, loss of profits, loss of contracts, etc., of a user, member or customer if we can prove that we, including our employees, management, supervisory team and volunteers acted reasonably and took all the necessary steps to avoid the damage or loss or it was impossible for us to take such steps.

15.5 Subject to Article 15.4 and the limitation of liability set out elsewhere in this Terms and Conditions, our liability is limited as follows:

  1. Where we are found liable for damage and or economic or financial loss, our liability will be reduced by any negligence on your part which contributed to or caused the damage or loss.  
  2. We will not be held liable for any damage or loss when we have complied with relevant laws, government rules and regulations and where you have failed to comply with such laws, rules and regulations.  

15.6 The Terms and Conditions contained herein and their limitations of liability apply to us, our employees, management, supervisory team, volunteers, freelancers and agents equally.  Your statutory rights as a consumer are not affected by any of the exclusions or limitations of liability contained herein.

15.7 We reserve the right to change our Terms and Conditions at any time by posting it on our Website www.seereer.org .  It is your responsibility to read and familiarise yourself with any changes to our Terms and Conditions, Terms of Use, Publishing and Privacy Policy by visiting our Website and always to comply with them as well as any Service Agreement or Contract between you and us.  Where practicable, we will notify users of any changes to our Terms and Conditions by e-mail, or where impracticable, we will notify users by e-mail with reference to the specific Article(s) or sub-Article(s) that has been changed and invite them to visit our Website www.seereer.org so that they can read the relevant changes for themselves.  These Terms and Conditions, our Terms of Use, our Publishing and Privacy Policies and any contract you enter into with us, shall be governed and interpreted by and in accordance with the laws of England.  If there is or are any dispute(s) arising out of or in connection with this contract, then such dispute(s) shall be subject to the jurisdiction of the English Courts.