Current terms of use

for users of the WIDU Platform (https://widu.africa)1

 

1. Scope of application

The WIDU online platform is operated by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH (‘GIZ’). These terms of use apply to all users registered on WIDU. They define the users’ rights and obligations when they visit the WIDU Platform and use the available functionalities. To the extent that ‘WIDU’ is used uniformly in the following, WIDU has a legal relationship with GIZ as the operator of the platform.
The ‘Terms and conditions of contract for granting subsidies through the WIDU Platform’ and the rules on data protection must be adhered to in addition to these terms of use.

2. Registering as a user

2.1. Registration is free of charge and is a requirement for the use of certain WIDU functionalities. In particular, the user must create a profile and submit a project proposal in order to be able to apply for a WIDU subsidy to start up new or expand existing small businesses in participating African countries.

2.2. Users must be legally competent natural persons, meaning they must be at least 18 years of age.

2.3 Users from the African Diaspora in the participating European countries register as ‘diaspora supporters’ and entrepreneurs in Africa register as ‘entrepreneurs’.

2.4 A diaspora supporter and an entrepreneur who already know each other or are in contact can apply with a joint project in Africa for a WIDU subsidy including accompanying local coaching.

2.5. When registering, the user must make accurate and truthful statements, particularly about their identity and age.

2.6 Persons who are participating or have participated in the development and maintenance of the WIDU Platform are excluded from use. Employees and relatives of employees working in the GIZ programme ‘Employment promotion in the informal sector in Africa by leveraging diaspora money transfers (WIDU Platform)’ are also excluded from applying for a WIDU subsidy.

2.7 GIZ has the right to refuse to open additional accounts for the same person. If a person uses duplicate accounts, GIZ may close them at its discretion.

3. User’s duties and obligations

3.1. The user shall be fully responsible for their behaviour on the WIDU Platform, for all content uploaded by them and for its accuracy. Both supporters and entrepreneurs shall provide profile information such as name, email address and residential address in the application process. Entrepreneurs shall also provide mobile money details or account details. In addition, the user shall verify their existence using the Identity service or by uploading photos of their identity document. Moreover, the user consents to having this information checked against sanctions lists. This data shall be used for verification during the payment process.

3.2 Prior to their actual participation or before uploading content, the user shall ascertain that their behaviour and their content do not violate legal provisions, moral standards or the rights of third parties (e.g. trademark rights, name rights, intellectual property and data protection rights, youth protection regulations). In particular, the user undertakes to obtain the necessary consent of participants/affected persons/authorised persons prior to uploading text or photos, for example from photographers or persons photographed or identified, and to demonstrate such consent to GIZ at any time on request. The user shall hold GIZ harmless from any claims by third parties arising from a violation of this obligation.

3.3 The uploaded projects must meet the following minimum standards. The projects may be deleted by the WIDU Platform if they violate these standards:

  • They must not violate human rights.

  • They must not violate employment law and must not involve child labour, slavery or exploitative working conditions.

  • They must not discriminate on the basis of ethnicity, nationality, race, gender or otherwise.

  • They must not promote corruption, violence or terrorism.

  • They must not produce harmful products such as weapons.

  • They must not involve criminal activities such as money laundering, fraud or embezzlement.

  • They must not violate environmental law or involve acts that severely harm the environment.

  • They must not politically instrumentalise GIZ’s support nor involve any measures or attitudes that conflict with GIZ’s political neutrality.

  • They must not lead to a loss of reputation of GIZ or BMZ.

3.4 It is not permitted to directly upload to WIDU the following content, to link to such content or otherwise facilitate access to such content on WIDU:

  • material that endangers or is detrimental to young persons or development, particularly content that glorifies violence, pornography or other immoral content;

  • content that promotes or glorifies hatred, violence or any form of discrimination;

  • untruthful assertions or insults;

  • vulgar or obscene expressions, disparaging, provocative and aggressive dealings with other users;

  • misleading content;

  • calls for boycotts, unpeaceful or other illegal actions.

3.5 If the user finds content on the WIDU Platform that they believe to be in breach of applicable laws or the terms of use, we request that they report this to GIZ, e.g. by email to info@giz.de or by regular mail to Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Dag-Hammarskjöld-Weg 1-5, 65760 Eschborn, Germany.

3.6 Users must avoid overloading the WIDU Platform. In particular, measures that may jeopardise the integrity, stability or availability of the IT systems of WIDU are prohibited.

3.7 Passwords or other WIDU login information must be chosen by every user in accordance with the general guidelines on password security and held in strict confidence. GIZ must be informed immediately if the user has information that the security of WIDU or their access to it is compromised.

3.8 The supporter’s remittance to the local entrepreneur is a donation that is not part of the Subsidy Agreement between GIZ and the entrepreneur. The cost of the remittance shall be borne by the supporter.

4. Usage rights of WIDU

4.1 To the extent that the user uploads text, images or other content to WIDU, the user grants GIZ the right to use this data in accordance with the Privacy Policy for internal use and processing.

4.2 If the user agrees to publication, the user grants WIDU the right to use such content online and offline on WIDU, on other portals operated by GIZ as well as advertising materials for the WIDU Platform and GIZ, including social media channels, as well as through the API interface and Iframes on websites and in apps of WIDU partners. In particular, GIZ shall have the right to edit, abbreviate and store the content and make it publicly accessible via the platform or the API interface taking into account the original purpose. Any notices stating otherwise that are expressly and clearly attached upon uploading the content shall remain unaffected.

4.3 The user shall also hold GIZ harmless from any claims made by third parties due to a violation of Section 3 to the extent that the content uploaded to WIDU by the user is also used on other portals and apps of GIZ and on the partner websites and partner apps pursuant to Section 3.

4.4 Users are not authorised to use WIDU logos and design elements of the WIDU website in other ways without the prior consent of GIZ.

5. Availability of WIDU

GIZ will make every reasonable effort to ensure the platform is available without interruption. It does not guarantee any particular availability. In particular, GIZ has the right to take the platform offline for maintenance work in regular and irregular intervals. GIZ has the right to change the functionalities, appearance or other features of the platform at its sole discretion. Access is granted only to the platform in its current version. GIZ is under no obligation towards users to keep or store versions or content.

6. Termination, blocking and deletion of content

6.1. The user may terminate their use at any time.

6.2 Independently from the right of extraordinary termination, GIZ has the right to block the user’s access to individual or all functionalities of WIDU if

   a. GIZ believes that the proper use of the funds is not ensured;

   b. GIZ believes that the support objectives of the measure are not achievable;

   c. the user violates the obligations specified in Section 3 of this document or the user fails to meet other essential obligations.

6.3 In addition, GIZ reserves the right to permanently exclude a person from using the WIDU platform if such person is in serious or repeated breach of the obligations specified in Section 3.

6.4 GIZ also has the right to verify, block or delete all content uploaded to WIDU – including without cause. GIZ will make use of this right especially in cases where third parties report to GIZ that laws, rights of third parties or WIDU rules have been violated by particular content or users.

6.5 The user’s profile on the platform will be anonymised after the end of the user relationship. For more details, please refer to our Privacy Policy.

7. Liability

7.1. GIZ shall not be liable for any claims for damages or liability cases irrespective of their legal basis (for example, warranty, delays, impossibility, breach of duty, illicit acts) with the exception of claims

  • due to loss of life, bodily injury or damage to health;

  • due to malice or arising from a guarantee;

  • due to wilful or grossly negligent conduct;

  • pursuant to the German Product Liability Act.

The statutory regulations shall apply to these exceptions.

7.2 The user of WIDU shall be liable to GIZ especially in the following cases:

   a. if the user breaches their obligations by making untruthful statements when registering or in the application or support process; or

   b. if the user misappropriates the WIDU subsidy.

8. General provisions for supplying work and services by coaching organisations with regards to data protection (source: Terms and Conditions 2020)

Within the framework of the contract, GIZ processes person-related data exclusively in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and other applicable data protection regulations. Such data are processed and stored by GIZ only to the extent necessitated by this contract. The contractor shall have the right to view, delete or rectify the data and can approach WIDU (diaspora@widu.africa) or the responsible government authorities in order to assert this right.

The contractor (coaching organisations) shall comply with the requirements of applicable data protection regulations and take measures to ensure such compliance by its employees.

The contractor warrants that data transmitted to GIZ have been processed in accordance with applicable data protection provisions and are free from any third-party rights that could prejudice the use of this data within the purpose of this contract. The contractor indemnifies GIZ against all claims arising from the violation of data protection regulations and shall reimburse GIZ for all costs incurred in connection with its corresponding legal defence or the imposition of government sanctions.

Should applicable data protection law contain special principles that must be adhered to when providing work and services (for example implementation of technical requirements in a privacy-friendly way by means of Privacy by Design and Privacy by Default), the contractor shall place particular emphasis on ensuring compliance with such principles.

Should the contractor process person-related data for GIZ within the meaning of Art. 28 GDPR, this processing shall be performed on the basis of an associated separate agreement.

9. Amendments to the terms of use

These terms of use are from November 2019 and are currently valid. We reserve the right to amend any of our terms of use at any time, particularly for the purpose of adapting them to legal or technical changes. Updates will be announced on our website 14 days before they enter into effect. The user will be notified of imminent changes by email at the same time. We therefore ask you to regularly take note of the current version on our website.

10. Applicable law and jurisdiction

These terms of use and the use of WIDU are governed by the law of the Federal Republic of Germany. The place of jurisdiction is Frankfurt am Main. GIZ may also institute proceedings against the user before the competent court for the user’s place of residence or place of business or habitual place of residence.

1 These terms of use apply jointly with other documents including the ‘Terms and conditions of contract for granting subsidies through the WIDU Platform’, the Privacy Policy and relevant opt-in requests in the context of registration on the WIDU Platform (https://widu.africa). We adapt the terms of use to modified functionalities or changes in legal conditions. We therefore advise you to regularly take note of the terms of use.