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Terms of Service

Last Updated: January 5, 2025

Welcome to Terra Consulting. These Terms of Service govern your access to and use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing and using the Terra Consulting website and services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Terra Consulting provides professional ESG (Environmental, Social, and Governance) consulting services, including but not limited to:

• ESG assessments and audits
• Strategy development and implementation
• ESG reporting and compliance support
• Training and education programs
• Performance monitoring and optimization

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Eligibility

Our services are intended for businesses, organizations, and professionals. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

4. User Accounts and Registration

When you create an account or provide information through our website:

• You agree to provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You agree to notify us immediately of any unauthorized use of your account

5. Intellectual Property Rights

5.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, software, and other materials, is the property of Terra Consulting or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal or internal business purposes. You may not:

• Reproduce, distribute, modify, or create derivative works from our content
• Use our content for commercial purposes without our written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Use automated systems to access or scrape our website

6. User Conduct

You agree not to use our website or services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful, offensive, or inappropriate content
• Interfere with the proper functioning of our website
• Attempt to gain unauthorized access to our systems
• Impersonate any person or entity
• Engage in any fraudulent or deceptive practices

7. Consulting Services and Agreements

7.1 Service Engagement

Specific consulting services will be provided under separate written agreements that outline the scope of work, deliverables, timelines, and fees. These Terms supplement but do not replace such service agreements.

7.2 Professional Advice

Our services and website content are for informational purposes and do not constitute legal, financial, or other professional advice. You should consult with appropriate professionals before making business decisions based on our services or content.

8. Fees and Payment

Consulting service fees will be specified in individual service agreements. Payment terms include:

• Fees are payable according to the terms specified in service agreements
• Late payments may incur additional charges as specified in agreements
• All fees are exclusive of applicable taxes unless stated otherwise
• Refund policies are outlined in individual service agreements

9. Confidentiality

We respect the confidentiality of information shared by our clients. Both parties agree to:

• Maintain confidentiality of proprietary and sensitive information
• Use confidential information only for the purposes of the engagement
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request or termination

10. Disclaimers and Limitations of Liability

10.1 Website and Content

Our website and content are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components

10.2 Limitation of Liability

To the maximum extent permitted by law, Terra Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:

• Your use or inability to use our website or services
• Any errors or omissions in our content
• Any unauthorized access to or use of our servers
• Any interruption or cessation of our services

Our total liability for any claims arising from these Terms or our services shall not exceed the amount paid by you for the specific services giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Terra Consulting, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of third parties
• Your use of our website or services
• Any content you submit or transmit through our website

12. Termination

We reserve the right to suspend or terminate your access to our website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activities
• Extended periods of inactivity

Upon termination, your right to use our website and services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Good faith negotiations between the parties
• Mediation, if negotiations fail
• Arbitration or litigation in Dar es Salaam, Tanzania, as a last resort

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notifications to registered users (for significant changes)

Your continued use of our website or services after such modifications constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Terra Consulting regarding your use of our website and services.

17. Contact Information