Baraka Analytics

Terms and Conditions

Last Updated: April 2025

Baraka Analytics (“Baraka Analytics” or “Portal”) is a social impact investment, network, and discovery portal supported, owned, and operated by Baraka Impact Finance LLC (“BARAKA IMPACT FINANCE” or “BARAKA”), powered by the SaaS platform (the “Artha Platform” or the “Platform”) developed [and supported] by Artha Networks, Inc. ("ANI"). BARAKA IMPACT FINANCE is an evidence-based global health impact advisory located in Geneva, Switzerland, positioned as an enabling ecosystem reliant on a scientific approach to catalyse impact from investors and social entrepreneurs working on sustainable solutions in health.

By accessing, subscribing to, contributing data to, or using Baraka Analytics and the Platform, you acknowledge that you have read, understood, accepted, and have agreed to be bound by and comply with the following important legal information contained in these Terms and Conditions of Use (“Terms”), as updated from time to time in accordance with Section 23a herein.

The Terms must be read in their entirety before accessing and using Baraka Analytics and the Platform. They constitute an agreement between BARAKA IMPACT FINANCE LLC, ANI, and the user (“User(s)”; “Investor-User(s)”; “Enterprise-User(s)”; “Third Party-User(s)”; “ESO(s)”; “You”; “Your”; collectively, “Users”) related to the tools and any of the services described on it (“Services”). 

Our Privacy Statement and Cookie Policy also applies to your use of Baraka Analytics and the Artha Platform. By using Baraka Analytics and the Artha Platform, you are consenting to us processing any personal data that you provide to us or that we collect from you as a result of its use. Our Privacy Statement and Cookie Policy sets out what we do with that personal data.

Accessing Baraka Analytics and the Artha Platform indicates that you accept these Terms regardless of whether you are a registered User or not. If you do not accept these Terms, you may not and should not access it or register.

If you have any questions or need additional information, you may reach us at legal@barakaimpact.com.

Introduction

  • (a) BARAKA IMPACT FINANCE is an evidence-based global health impact advisory located in Geneva, Switzerland, positioned as an enabling ecosystem reliant on a scientific approach to catalyse impact from investors and social entrepreneurs working on sustainable solutions in health.
  • (b) BARAKA IMPACT FINANCE provides technical advisory and expertise, intelligence, impact metric assessment, measurement, and monitoring strategies, data analytics, market readiness, capacity building, materials review and revision, health solution and business modelling analysis, assessment, and profiling, technical assessment of medical diagnostic or therapeutic interventions, framework and KPI building, health market contextualization and analyses, discovery and networking services, activities and events in the areas of healthcare, global health, innovation, and sustainable finance for emerging markets in particular. 
  • (c) Baraka Analytics is a portal curated by data scientists and global health experts providing access to an online community dedicated to building relationships between impact investors and donors, social entrepreneurs, impact opportunities, and capacity-building support organizations. It provides information on health impact ventures and innovations seeking social impact alongside the potential for financial returns, as well as tools for global stakeholders looking to accelerate change, collaboration, and meet the UN Sustainable Development Goals. Baraka Analytics seeks in priority to:
  1. convene key players in the impact finance ecosystem;
  2. connect regionally focused funds/investment vehicles and social entrepreneurs in the health sector that meet certain qualifications;
  3. enable more coordinated and efficient intelligence and assessment of high impact social businesses and innovations serving the health sector in emerging and low- to- middle income markets and communities;
  4. coordinate between stakeholders looking at the same opportunities, thereby minimizing redundancy, effort, and costs of conducting due diligence on Enterprises; 
  5. aid with the identification of partnerships and collaboration with relevant players;
  6. assist with technical vetting of social impact criteria, plausibility, and desirability, pre-investment optimization and diligence, and post-investment impact assessment aid.
     
  • (d) Baraka Analytics is one of many investment networks that licenses a customized portal on the Artha Platform developed by ANI. ANI is solely responsible for the terms relating to the functionality of the SaaS software technology of the Artha Platform. BARAKA IMPACT FINANCE is solely responsible for the governance, administration, and content on Baraka Analytics (i.e., the Portal).
  • (e) The content contained on the Portal is private and invitation-only, and includes, without limitation, all information, data, Services, software applications and tools, databases, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to Users (the “Information”) The Privacy Statement, which explains how ANI and BARAKA collect and use information from Users on the Portal, is incorporated by reference in these Terms.

2. No Offer, Exclusion of Liability

  • (a) THE INFORMATION, MATERIALS, SOURCES, AND ANY WEBSITE HYPERLINKED TO THIS PORTAL ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND NOTHING ON THE PORTAL SHALL BE CONSTRUED AS CONSTITUTING AN OFFER TO PURCHASE OR SELL A FINANCIAL INSTRUMENT, PRODUCT, OR SERVICE, AS A RECOMMENDATION THEREOF, OR AS A SOLICITATION OF ANY PARTICULAR SECURITY, STRATEGY, OR INVESTMENT, OR A SOLICITATION TO CONCLUDE A TRANSACTION OR TO ENTER INTO A CONTRACT OR LEGAL RELATIONSHIP OR TO ACQUIRE ANY SECURITIES, OR ANY OTHER INDUCEMENT TO BUY OR SELL FINANCIAL INSTRUMENTS, AND DOES NOT ABSOLVE ANY USER OF ITS RESPONSIBILITY IN MAKING AN INDEPENDENT EVALUATION OF THE RISKS AND POTENTIAL REWARDS OF ANY FINANCIAL TRANSACTION AND OF OBSERVING ALL APPLICABLE LAWS AND REGULATIONS IN ITS LEGAL DOMICILE AND MARKETS OF OPERATION.
  • (b) The Information provided on the Portal is expressly not intended or directed at natural persons or legal entities (“Persons”) who, due to their nationality, place of residence or registered office, are not permitted access to such Information under domestic law or are subject to legislation that imposes restrictions on the dissemination of such Information. The Information MAY NOT BE TREATED AS AN OFFER OR SOLICITATION (I) IN ANY JURISDICTION WHERE SUCH AN OFFER OR SOLICITATION IS AGAINST THE LAW; (II) TO ANYONE TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER OR SOLICITATION: (III) IF THE PERSON MAKING THE OFFER OR SOLICITATION IS NOT QUALIFIED TO DO SO, THE INFORMATION ON THE PORTAL IS NOT DIRECTED AT PERSONS FOR WHOM THE INFORMATION WOULD BE UNLAWFUL OR PROHIBITED UNDER THE RELEVANT DOMESTIC LAW. Persons must inform themselves about the laws and restrictions which are applicable to them, to ensure that they are legally authorized to access the Information on the Portal, from the location from which they are trying to access it, and act accordingly, and otherwise REFRAIN FROM ACCESSING THE PORTAL.  MOREOVER, NEITHER ANI NOR BARAKA IMPACT FINANCE MAKE ANY REPRESENTATION THAT THE ARTHA PLATFORM, BARAKA ANALYTICS, INFORMATION, AND SERVICES ARE OPERATED IN ACCORDANCE WITH THE LAWS OR REGULATIONS OF, OR GOVERNED BY, NATIONS OTHER THAN SWITZERLAND.
  • (c) All investments involve risk and entail an implicit understanding of the fact that there are multiple levels of associated risk including but not limited to country-specific risk, currency risk, entrepreneur risk, or 3rd party risk, all and any of which may result in the loss of all or most of an investment. Investments in entrepreneurial companies specifically involve high degrees of risk, and Investor-Users should be able to bear the risk of complete financial loss. The User’s choice to use and manner of utilization of the Information and knowledge gained through the Portal is each User’s individual and personal choice. NO GUIDANCE SHALL BE GIVEN, NOR SHALL ANY PERSON OR ENTITY AFFILIATED WITH ANI OR BARAKA IMPACT FINANCE (OR EITHER OF ANI OR BARAKA IMPACT FINANCE ITSELF) BE RESPONSIBLE FOR A USER’S USE OF THE INFORMATION, INVESTMENT DECISION, OR THE RESULTS OF ANY INVESTMENT.
  • (d) Furthermore, social, mission-driven, health innovation, and emerging and foreign market impact investments, particularly those involving foreign currencies, involve a unique and substantial level of risk that is critical to understand before engaging in any prospective relationship with such Enterprises on the Portal.
  • (e) The Information on the Portal may in no way be interpreted as a green light for the completion of an investment (as investor, donor, originator, or recipient, or otherwise), or for advice on the appropriate and legal structures required to execute a transaction. All Users are responsible for educating themselves and understanding the types of instruments at their disposal, relevant applicable conditions and constraints pertaining to their work. Each Investor-User is expected to ask questions, receive answers, seek, request, and obtain additional information and conduct its own legal and financial due diligence review concerning a particular investment. ANY INVESTMENT UNDERTAKEN MUST COMPLY WITH ALL LEGAL REQUIREMENTS IN EACH JURISDICTION IN WHICH IT PURCHASES, OFFERS, OR SELLS SECURITIES. NEITHER ANI NOR BARAKA IMPACT FINANCE ACCEPTS RESPONSIBILITY FOR ANY RISK, BARRIER, PROBLEM, OR DAMAGE ARISING AS A RESULT OF AN INVESTMENT.
  • (f) It is the responsibility of each User to determine what tax rules and policies may apply to them; NEITHER ANI NOR BARAKA IMPACT FINANCE ACCEPTS ANY RESPONSIBILITY IN ANY WAY FOR ISSUES REGARDING TAXATION.

3. No Investment Advice or Actions

  • (a) The Portal is a private space in which Users may be educated on aspects of social impact and health innovation and meet other Users for collaboration. The Information and Services contained or offered on the Portal shall not constitute nor be construed as financial advice, investment advice, investment management services, financial planning, custodial or securities services, or as any other service for investment or trading purposes. Users should always consult with their own financial, accounting, legal, and tax counsel and other relevant third-party service providers to independently evaluate the risks, consequences, and suitability of any action contemplated that may result from learning acquired through the Portal. Under no circumstances should any such action be taken on the sole basis of enterprise or sector knowledge presented on the Portal. The Information must always be independently reviewed and verified, and any investment documentation must be provided directly by the company (i.e., the issuer) to the Users expressing interest outside of the Portal (e.g., prospectus, memorandums, key investor information, interim and annual reports, issuers’ terms and conditions, etc.).
  • (b) THIS PORTAL IS NON- TRANSACTIONAL. IT IS NOT INVOLVED IN INVESTMENT ACTIONS OF ANY KIND AND USERS MAY NOT USE THE PORTAL FOR ACTUAL INVESTMENT TRANSACTIONS OF ANY KIND. BARAKA IMPACT FINANCE DOES NOT PARTICIPATE IN THE NEGOTIATION OR EXECUTION OF INVESTMENT TRANSACTIONS NOR DOES IT MANAGE OR HANDLE SECURITIES IN ANY OTHER WAY. THE INFORMATION HAS NOT BEEN REVIEWED OR APPROVED IN ANY WAY BY A SECURITIES REGULATORY AUTHORITY OR REGULATOR AND MAY OR MAY NOT BE COMPRISED OF EXEMPT OFFERINGS.
  • (c) Neither ANI nor BARAKA IMPACT FINANCE is a financial service provider, a venture or investment fund, an investment bank, an investment clearing house, nor is registered with FINMA, a foreign securities commission, or any self-regulatory organization. As such, they are not subject to prudential supervision, and will limit its offering to services falling within the scope of its competencies, that are in accordance with its purpose, and fall within the laws of Switzerland, and the provisions contained herein. NEITHER ANI NOR BARAKA IMPACT FINANCE, THEIR AFFILIATES, AND THEIR COLLABORATORS ARE PLACEMENT AGENTS FOR ANY SECURITIES, NEITHER OF WHICH MAKES ANY REPRESENTATION OR WARRANTY REGARDING, OR SHALL HAVE ANY RESPONSIBILITY FOR THE LEGALITY OF SUCH INVESTMENT UNDER THE SECURITIES LAWS OF SWITZERLAND, THE UNITED STATES OF AMERICA, OR ANY OTHER JURISDICTION.
  • (d) Neither ANI nor BARAKA IMPACT FINANCE claims to be, hold itself out to be, and is not, in its legal seat or abroad, a registered or licensed securities broker-dealer or agent of a registered or licensed securities broker-dealer, nor is it or anyone associated with it a licensed or registered securities broker-dealer, client advisor, or registered investment adviser or affiliated with one in any way. Nothing herein or on the Portal shall constitute a sale or offer to buy, sell, or recommend anything, and securities in particula

4. Pilot Testing Phase

The Portal is currently in its experimental pilot phase; some services, functionalities, and features are for preview, early access, or may be under evaluation and assessment, while others will be made available to Users progressively as funding is secured and additional technical capabilities are developed (the “Pilot Phase”). These Terms are subject to change, accordingly.

The Portal is temporarily free of charge and is intending to collect User feedback in priority. Despite anything to the contrary in the Terms, Users accept, that:

  • (a) they participate in the Pilot Phase in their sole discretion;
  • (b) the Pilot Phase may not be supported and may be changed at any time without notice;
  • (c) the Pilot Phase may not be as reliable, stable, or available as future versions of the Portal;
  • (d) the Pilot Phase of the Portal and any of its Services offered currently may not have been subjected to the same security measures, standards, and auditing to which future versions of the Portal and Services may be subjected;
  • (e) Users agree that BARAKA IMPACT FINANCE may contact them to obtain feedback specific to the Portal’s Pilot Phase;
  • (f) NEITHER ANI NOR BARAKA IMPACT FINANCE WILL HAVE ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PORTAL’S PILOT PHASE – SUBJECT TO USERS’ OWN RISK.

5. Content

  • (a) THE USER RELEASES ANI AND BARAKA IMPACT FINANCE FROM ALL LIABILITY FOR WHAT CONTENT THE USER MAY OR MAY NOT ACQUIRE THROUGH THE PORTAL OR ARTHA PLATFORM. NEITHER ANI NOR BARAKA IMPACT FINANCE MAKE ANY REPRESENTATIONS CONCERNING THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE PORTAL, AND IT WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE PORTAL, THE INFORMATION, OR THE SERVICES. NEITHER ANI NOR BARAKA IMPACT FINANCE REPRESENTS, WARRANTS, COVENANTS GUARANTEES, OR PROMISES ANY SPECIFIC RESULTS FROM USE OF THE ARTHA PLATFORM, PORTAL AND SERVICES.

6. Curated Information

  • (a) The Portal is intended to provide general Information regarding social and impactful innovations and investment opportunities undertaken by health-sector entrepreneurs who have chosen to position themselves generally (but not exclusively) in the social space. The source of these opportunities may also be the Users themselves, incubators at academic institutes of management or technology, community-based organisations, entrepreneur support organisations, and others. The Portal is a knowledge sharing, supporting, discovery, and facilitating tool. Transactions will not be conducted on the Portal.
  • (b) From a functional standpoint, the Portal comprises organizational profiles, a workflow management tool, a social network and contains limited marketplace functionality that enables different entities to identify opportunities for collaboration and mutual service and support, and Services thereof.
  • (c) BARAKA IMPACT FINANCE may undertake but is not obliged to make reasonable efforts to moderate and screen content on the Portal (at random inspection), however, neither ANI nor BARAKA IMPACT FINANCE shall be responsible for the content or outcome of any report or similar material executed or generated in connection with any project listed on the Portal.
  • (d) All other content generated by BARAKA IMPACT FINANCE is gathered from primary research, secondary research and data curation, the knowledge of public health and medical experts, online news sources, and with appropriate attributions. NEITHER ANI NOR BARAKA IMPACT FINANCE TAKES RESPONSIBILITY FOR THE CONTENT OF ANY COMMENTARY/POSTS/LINKS, ETC. GENERATED BY USERS ON ANY PORTION OF THE PORTAL OR PLATFORM, WHETHER IN AN OPEN OR CLOSED (PROTECTED BY PASSWORD) DOMAIN.
  • (e) Users are bound to protect the privacy and confidentiality of the Information (including Information relating to social businesses and projects featured on the Portal) in accordance with the confidentiality provisions herein and any complementary provisions that may be contained in separate documentation related to the onboarding and registration of Users.
  • (f) The opinions expressed on the Portal are those of BARAKA IMPACT FINANCE and its collaborators and are subject to change at any time, without notice. The Information is provided for informational purposes only and for the User’s exclusive use. NEITHER ANI NOR BARAKA IMPACT FINANCE PROVIDES ANY GUARANTEE REGARDING THE PORTAL’S CONTENT AND COMPLETENESS AND DOES NOT ACCEPT ANY LIABILITY FOR LOSSES WHICH MIGHT ARISE FROM MAKING USE OF THE INFORMATION.

7. Intellectual Property

  • (a) The User hereby agrees that all content and images on the Artha Platform and the Portal are either the property of, or used with permission by, ANI and/or BARAKA IMPACT FINANCE. The use of the content or images by any User or anyone authorized any User, is prohibited unless specifically permitted by these Terms. By providing content or data on the Portal, subject to the Privacy Policy, Users grant ANI and BARAKA IMPACT FINANCE a royalty-free, non-exclusive, worldwide license, under User’s intellectual property rights, to copy, reformat, index, modify, display, distribute such content or Information within the Portal and Platform. Neither ANI nor BARAKA IMPACT FINANCE warrant or represent that any User’s use of Information displayed on the Portal will not infringe rights of third parties not owned or affiliated with ANI or BARAKA IMPACT FINANCE.
  • (b) Except where specifically belonging to a third party, the content of this Portal, including the Information, materials, images, trademarks, service marks, trade names, logos, text and images, whether registered or unregistered, and any other distinctive or proprietary designations, are the exclusive intellectual property rights (“Intellectual Property”) of ANI or BARAKA IMPACT FINANCE, their affiliates, or third parties who have supplied information to them. Intellectual Property is protected by applicable laws, including but not limited to Swiss and international intellectual property laws, treaties, and conventions. Any misuse of the Intellectual Property, except as provided in these Terms, is strictly prohibited. Users are advised that each of ANI and BARAKA IMPACT FINANCE will aggressively enforce its intellectual property rights to the fullest extent of the law.
  • (c) The Information is protected under copyright laws: Users may not copy, reproduce, distribute, store, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may Users distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database, nor alter or remove any copyright or other notice from copies of the content on the Portal, without prior written permission from BARAKA IMPACT FINANCE. The Information and content may only be downloaded or printed for personal use. BARAKA IMPACT FINANCE, or such other registered owner, shall always be identified or be identifiable as the source.
  • (d) Specifically, reproduction, transmission (by electronic or any other means), modification, linking or use of the Portal, in whole or in part, for public or commercial purposes, without prior written consent from BARAKA IMPACT FINANCE, is strictly prohibited.
  • (e) The Portal may include links to and from third-party websites. NEITHER ANI NOR BARAKA IMPACT FINANCE TAKE ANY RESPONSIBILITY WHATSOEVER FOR SUCH THIRD-PARTY WEBSITES OR THEIR CONTENTS.
  • (f) Each of ANI and BARAKA IMPACT FINANCE reserve the right to take legal action in respect of any infringement of these works of authorship or any protected Information contained on the Portal, including any legal action in respect of any reproduction, copying (other than in accordance with the Terms), distribution, framing, uploading to a third party, publication, adaptation, broadcasting, public performance or other communication to the public of the works of authorship or and protected Information contained on the Portal.
  • (g) If a User believes its own copyright rights have been infringed on the Portal, the copyright(s) owner (“Complaining Party”) should send notification to legal@barakaimpact.com immediately. To be effective, the notification must include:
  1. a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
  2. identification of the copyrights(s) claimed to have been infringed;
  3. information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
  4. identification of the material that is claimed to be infringing the Complaining Party's copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
  5. a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
  6. a statement that the information in the notification is accurate and, under penalty of applicable law, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
  7. Each of ANI and BARAKA IMPACT FINANCE may, in it’s sole discretion, terminate the User account (defined below) of any User accused of copyright infringement or other intellectual property rights.

8. Fees

  • (a) BARAKA IMPACT FINANCE incurs financial, administrative, and other expenses associated with the development and operation of the Portal, research, network convening, and the provision of Services. Invited Users of the system do not however have to pay any fees at the current time, labelled Pilot Phase. We simply ask invited Investor-Users to inform the community whether they plan to make an investment based on the due diligence sourced through the Portal and to indicate the amount of such planned investment. Our mission shall continue to be knowledge-sharing and community building for the purpose of supporting greater collaboration in social impact investment, specifically for global health. 
  • (b) We request Investor-Users to inform BARAKA IMPACT FINANCE whether they plan use Information on the Portal to contribute to an investment-based decision, understanding that no Investor-User should rely on the Information presented or obtained via the Portal.
  • (c) All Users engaged in the Portal understand that any contracts relating to due diligence or arising as a result of connections formed on the Portal may only be invoiced offline between the parties involved and not through any arrangements established on the Portal or Platform. At the present time, no fees are generated through usage of the Portal for any User nor are any levied by BARAKA IMPACT FINANCE for access and use of the Portal and Services.
  • (d) BARAKA IMPACT FINANCE does not currently levy fees during the Pilot Phase, but may levy subscription, membership, or other fees in the future. It is possible that these Terms may change over time in relation to the implementation of (a) fee structure(s) associated with Services. It reserves the right to charge fees on written notice in the future.
  • (f) Access to intelligence reports, and other scientific materials produced by BARAKA IMPACT FINANCE, typically located in restricted sections of the Portal, may be charged and invoiced offline.
  • (g) Offline advisory services, such as but not limited to technical, healthcare, public health, and impact finance advisory hired by a User in furtherance of any relationship or project shall be subject to and governed by a separate service agreement and not these Terms.
  • (f) Any compensation received or to be received by BARAKA IMPACT FINANCE shall be defined under a relevant covenant and in accordance with the definitions provided by the Swiss Code of Obligations (the "SCO"), in particular arts. 394 et seq. SCO.

9. Registration, User Account

  • (a) BARAKA IMPACT FINANCE will accept Portal registration requests contingent upon further discussions with interested or invited parties, assessments of profile and existing relationships, and a general balance and formation of the community of Users that is optimal, at its own discretion.
  • (b) We reserve the right to control the growth and profile of the Users (incl. invitation, registration, activation, and access). There is no entitlement for registration. BARAKA IMPACT FINANCE may decline a User at any time, without providing any reason. Moreover, under consideration of the Termination provisions herein, any party may terminate usage of the Portal, without prior notice.
  • (c) To use the Portal, Users must first have registered with BARAKA through forms, authentication, and confirmation process as set forth via the Portal. Users must register their information for a User-[Type] specific account. User-[Type] selection and eligibility are subject to BARAKA’S approval.
  • (d) To connect with any other User, both Users must consent to being connected.
  • (e) As part of the registration process and creation of the User Account, the User will create a username and password. The User will also provide BARAKA IMPACT FINANCE certain registration information, all of which must be accurate, complete, and kept current (“User Data”). User Data includes the basic registration information and all electronic data file, including but not limited to .doc, .pdf, .txt, .xls., .ppt, .jpg, .bmp, .wmv, .mp3. files, and content, documents, records, text, material, or any other information submitted, uploaded, shared, posted, delivered, provided, or otherwise transmitted or stored by Users in the use of the Portal and any of its Services.
  • (f) Users may only use the Portal in their own name and for their own account or one for which they are legally authorized to transact or advise. Users are solely responsible for all usage or activity that occurs on their User Account, including use of the account by any third party authorized by User to use its username and password, and are responsible for maintaining the confidentiality of the authentication methods used to access the User Account. The User shall notify BARAKA in a timely manner of any known or suspected unauthorized use of its account, or any known or suspected breach of security, including loss, theft, or unauthorized use or disclosure of its password.
  • (g) Multiple or redundant registrations by a single individual are not permitted.
  • (h) Users may have opportunities to connect with Users introduced by other networks on the Artha Platform, so long as they accept the terms and conditions of use required by such other investment network(s).
  • (i) Registration under the provision of wilfully wrong data, or copyright infringements may lead to suspension, exclusion, or termination of a User(’s) Account.
  • (j) Unauthorized use (See Section, Conduct, below).
  • (k) Users may not be politically exposed persons (PEP), as defined by the U.S. Financial Action Task Force.
  • (l) User Account information is governed by our Privacy Statement [hyperlink].
  • (m) DISCLOSURE: BARAKA IMPACT FINANCE DOES NOT HAVE ANY DIRECT OWNERSHIP INTEREST, SHAREHOLDING/STAKEHOLDING, OR ANY OTHER MONETARY, INVESTMENT, OR OTHER FINANCIAL INTEREST TO ANY OF THE USERS ON THE PORTAL. HOWEVER, BARAKA IMPACT FINANCE MAY PROVIDE DIRECT OCCASIONAL SERVICE ADVISORY SERVICES FOR A SUBSET OF USERS ON THE PORTAL AT ITS DISCRETION.

10. Access

  • (a) ANI and BARAKA IMPACT FINANCE reserve the right to suspend or terminate operation of the Portal, at any time, without or without notice, for the purposes of scheduled support or maintenance, unscheduled emergency support and maintenance, to update the Information, or because of other causes whether within or beyond their reasonable control.
  • (b) The Information may be restricted to certain Users for legal and regulatory reasons applicable to ANI, BARAKA IMPACT FINANCE, or the User as a result of their domicile, residence, nationality or any other reason. Services are not available in all jurisdictions or may be protected. FURTHERMORE, NOTHING ON THE PORTAL SHALL CONSTITUTE AN OFFER OR SOLICITATION TO BUY OR SELL ANY SERVICE TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER OR SOLICITATION IS PROHIBITED BY APPLICABLE LAW.
  • (c) Certain portions of the Artha Platform and the Portal may not be freely accessible and may be held in protected areas or may require passwords for access, unless in the form of a public press release issued by Users. Likewise, full User profiles and activity information will be protected and secure, visible only to User Accounts and to their chosen contacts on the Portal. A User may be asked to complete a form of registration to access certain restricted areas of the Portal or the Platform. Any restriction shall be without prejudice to any rights accrued to ANI or BARAKA IMPACT FINANCE.

11. Conduct

  • (a) All Users are expected to conform to the principles of transparency, trust, and integrity.
  • (b) Users may not transmit any chain letters or junk email to any other User or any other person. Unlawful and/or unauthorized uses of the Portal, Platform, or Services, including collecting the name, email address or any other personal or confidential information of any User or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Portal or Platform, will be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.
  • (c) Although neither ANI nor BARAKA IMPACT FINANCE assume any obligation to monitor the conduct of any User on or off the Portal or Platform, it is a violation of these Terms to use the Portal, Platform, or Information in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or joining collaborator teams in bad faith), (ii) contact, advertise to, solicit, or sell to any User or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, ANI and BARAKA IMPACT FINANCE reserve the right to remove content from the Platform and Portal that violates acceptable use in ANI or BARAKA IMPACT FINANCE’S discretion and restricts the number of emails or messages that a User may send to others through the Platform or Portal in any 24-hour or other period.
  • (d) Users shall not use the Platform, Portal, Information, or any other content to upload, post or submit content (including but not limited to, written materials or images) at any time for any purpose that in ANI’s or BARAKA IMPACT FINANCE’S opinion is unlawful, prohibited, threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, hateful or offensive on racial, ethnic, sexual or any other grounds, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. All Users must comply with any applicable local, state, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations or treaties when using the Platform, Portal, Information, and Services.

 12. Reserved Rights

ANI and BARAKA IMPACT FINANCE reserve the right to access User Accounts as necessary in order to provide Services. Furthermore, the User agrees that we may, but are not required to:

  • (a) monitor the Services or User Data for violations of these Terms and for compliance with our policies;
  • (b) refuse, restrict access to or the availability of, or remove or disable access to the Portal, the Platform, or any portion thereof, without prior notice to the User, at any time for any reason (including upon receipt of claims or allegations from third parties or authorities relating to User Data), or for no reason at all;
  • (c) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; or
  • (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services.

13. Third Party Web Tools

ANI and BARAKA IMPACT FINANCE may make use of Google Tag Manager (GTM) to include the tracking tools (a) Google Analytics and (b) Hotjar for web analysis and User experience optimization.

If the User has performed deactivation, GTM takes this deactivation into account. For more information about GTM’s privacy practices can be found at Privacy Policy – Privacy & Terms – Google and terms of use at Google Tag Manager Use Policy | Google Tag Manager – Google.

The User can find additional information on how to install the browser add-on referenced above at the following link: Google Analytics Opt-out Browser Add-on Download Page. For the cases in which personal data is transferred to the US, Google has self-certified pursuant to the EU-US Privacy Shield.

If the User does not want to be recorded by Hotjar, the User can disable it by setting the DoNotTrack header in its browser. For more information and more about Hotjar's data processing, please visit: www.hotjar.com/legal/compliance/opt-out.

14. User Representations and Warranties

Users are granted limited, revocable, nonexclusive, non-transferable access to the Information granted the Users’ continued compliance with these Terms. Users may view, download, and print the Information for their personal and internal business use, provided that all hard copies contain all copyright notices and trademark legends, and all other applicable Intellectual Property and proprietary marks and notices.

EACH USER REPRESENTS AND WARRANTS THAT:

  • (i) IT HAS ALL NECESSARY POWER AND AUTHORIZATION TO ACCEPT THESE TERMS, INCLUDING, IF IT IS USING THE SERVICES ON BEHALF OF A BUSINESS OR ENTITY, THE AUTHORITY TO BIND THAT BUSINESS OR ENTITY TO THESE TERMS;
  • (ii) THESE TERMS AND CONDITIONS ARE LEGAL, VALID, BINDING AND ENFORCEABLE AGAINST THE USER;
  • (iii) THE USER’S ACCEPTANCE OF THESE TERMS AND USE OF THE PLATFORM AND PORTAL WILL NOT VIOLATE ANY LAW, RULE, REGULATION, OR ANY AGREEMENT BINDING THE USER;
  • (iv) THE COLLECTION, USE, AND DISCLOSURE OF USER DATA THROUGH THE PLATFORM and PORTAL WILL NOT VIOLATE THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR ANY RIGHTS OF PRIVACY OR PUBLICITY;
  • (v) THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS OF THESE TERMS; USER DATA FOR REGISTRATION IS ACCURATE, NON-MISLEADING AND COMPLETE;
  • (vi) THE USER DOES NOT USE PSEUDONYMS OR PEN NAMES;
  • (vii) ONLY CONTRIBUTIONS RELEVANT TO THE DUE DILIGENCE PROCESS OR TO THE PURPOSE OF PRESENTING THE ENTERPRISE ON THE PORTAL WILL BE POSTED ON THE PORTAL; AND
  • (viii) IT SHALL ACT IN A POLITE, COURTEOUS, AND LAW-ABIDING MANNER WHEN USING THE PORTAL AND INFORMATION.

Except where expressly provided in these Terms, the User shall:

  • (a) not modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted material contained on the Portal, in whole or in part, without prior written from BARAKA IMPACT FINANCE (except as expressly provided herein);
  • (b) not provide use of the Platform or Portal in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to persons who are not individually licensed by BARAKA IMPACT FINANCE or otherwise exploit for any commercial purposes any portion of, the use of or access to the Platform, Portal, Information, or the materials or documentation provided on the Portal;
  • (c) not download, store, reproduce, transmit, display, distribute or take screenshots of any part of the Platform or Portal or use its Information for a database of any kind;
  • (d) not use the Platform, Portal or Information to construct a database of any kind;
  • (e) not store Information, in its entirety or in any part, in databases for access by you or any 3rd party or distribute any database services containing all or part of the Information;
  • (f) not use the Information in any way to modify or improve the quality of any data sold by you to any 3rd party;
  • (g) not use Platform or Portal or the Information in unsolicited mailing or spam material;
  • (h) not use the Information obtained from the Platform or Portal, including User contact, account, or User Data, for any reasons other than those permitted in these Terms;
  • (i) not contact Investor-Users for any reason, including storing, selling, attempting to sell, or organizing marketing endeavors toward Investor-Users other than communicating about the business model and investment in the company permitted and contemplated by the Portal;
  • (j) not contact investors, businesses, or business supporters for the purpose of marketing off-site account generation for any similar or competing service;
  • (k) not sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of, or grant other rights of the Platform, Portal or Information, and any material and documentation provided on the Platform or Portal, to any third party;
  • (l) not use or attempt to use any deep-link, scraper, robot, spider, data mining, computer code or any other device, tool or program to access, acquire or monitor any part of the Platform, Portal or Information;
  • (m) not violate the security of the Platform or Portal or attempt to gain unauthorized access to the Platform or Portal;
  • (n) not upload any material to the Platform or Portal that infringes the intellectual property rights of ANI, BARAKA IMPACT FINANCE, or a third party, or any obligations of confidentiality according to these Terms;
  • (o) not provide on the Platform or Portal any information or use the Platform or Portal or parts thereof in any manner that infringes or violates the rights of ANI, BARAKA IMPACT FINANCE or any third party, the applicable laws or regulations;
  • (p) not use the Platform or Portal in any manner that is unlawful or harms ANI, BARAKA IMPACT FINANCE or Users of the Portal; and
  • (q) refrain from performing any action which may impair the operability of the Platform or the Portal.

The Platform and Portal may include features and functionality whereby a User may post and transmit information, images, and other materials. All such information, images, and materials, whether publicly posted or publicly or privately transmitted, are the sole responsibility of the User who originates such content. Each of ANI and BARAKA IMPACT FINANCE reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any content, and to restrict, suspend or terminate the participation of any User from the Platform, Portal and Services at any time, with or without prior notice.

15. Due Diligence

  • (a) The Portal presents a collaborative online and enabling environment for those registered. Standardized diligence research “modules” are at the disposal of certain Users of the Portal, and in pilot phase these have been populated by Baraka’s team.  In future, these modules may be presented as optionally 'to be populated', to reflect the aggregation of the due diligence methodologies of other practitioners in the sector. These modules are inclusive of a series of questions that fulfil each of the areas of due diligence query including, but not limited to: BUSINESS OPPORTUNITY, MANAGEMENT TEAM, SOCIAL IMPACT, FINANCIAL MANAGEMENT, TARGET MARKET & HEALTH SYSTEM CONTEXT, and INNOVATION & SCIENTIFIC VETTING. Each one of these modules reflects a series of standard queries and ‘information capture’ fields under each of the topic headings. THIS FUNCTION IS NOT AVAILABLE FOR OTHERS TO POPULATE BEYOND THE BARAKA IMPACT TEAM DURING THE PILOT LAUNCH. In the future, it is expected that Users may have the ability to work together in concert to complete a due diligence report and other work on any given Enterprise listed on the Portal.
  • (b) Users acknowledge that the conclusions drawn by all due diligence materials (in any form) developed and posted by BARAKA IMPACT FINANCE or Users or established by a Third Party(-User) do not reflect investment recommendations of BARAKA IMPACT FINANCE. These materials, reports, and analyses are purely informational and shared by peers on the Portal in the spirit of knowledge sharing, collaboration, and efficiency.
  • (c) ACCORDINGLY, NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL UNDER ANY CIRCUMSTANCE BE LIABLE TO ANY USER FOR ANY (FINANCIAL) LOSS INCURRED AS A RESULT OF RELIANCE ON SUCH MATERIAL.
  • (d) FURTHERMORE, NEITHER ANI NOR BARAKA IMPACT FINANCE IS RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY MISUSE OF ANY CONFIDENTIAL MATERIAL PROVIDED BY ENTERPRISES, OR ANY OTHER PERSON, TO THE INVESTOR-USER IN A DUE DILIGENCE PROCESS OR POSTED BY ANY USER ON THE PORTAL.
  • (e) With the purpose of fostering cooperation and furthering this mission, and considering the sharing of research and due diligence documents which report upon Users’ investigations of Enterprises ("Materials") to be necessary to enable the investment or co-investment by Investor-Users in Enterprises (a "Syndication") outside of the platform, such Users agree to abide by the following terms with respect to their interactions upon due diligence:

    I. Unless otherwise represented in writing by a User providing a particular set of Materials, it shall be understood by any User receiving Materials from another for the purposes of a Syndication that such Materials are provided "as is," without warranty, implied or otherwise, of accuracy, consistency or thoroughness about a given Enterprise or its investment prospects. It shall be further understood that each Investor-User shall be responsible to conduct its own due diligence independently, and that any reliance by one Investor-User upon the Materials of another shall be at such Investor-User’s own risk. No Investor-User is acting as agent or broker for the Enterprise or for each other and the sharing of information is not intended as and shall not be deemed an offer to sell or a solicitation of an offer to buy any security. Users agree that the information being shared is highly confidential and is being made available solely for review in connection with each Investor-User’s evaluation of the Enterprise. The information shall not be disclosed to any third party not affiliated with the User and may not be used or reproduced for any other purpose without the prior written consent of both the disclosing party and the Enterprise;

    II. All Investor-Users acknowledge that the information, analysis, and conclusions contained in any Materials (regardless of the format of the submission, including Word documents, .pdfs, Powerpoints, Excel documents, or media of any kind) developed and/or posted by Users do not reflect recommendations from ANI or BARAKA IMPACT FINANCE. NEITHER ANI nor BARAKA IMPACT FINANCE SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY USER FOR ANY LOSS OR HARM INCURRED AS A RESULT OF RELIANCE ON SUCH MATERIAL. NEITHER ANI nor BARAKA IMPACT FINANCE IS RESPONSIBLE FOR, NOR CAN BE HELD LIABLE FOR, ANY MISUSE OF ANY CONFIDENTIAL MATERIAL PROVIDED BY USERS OR ANY OTHER PERSON TO THE INVESTOR-USER IN A DUE DILIGENCE PROCESS OR POSTED BY ANY USER ON THE PORTAL.

16. Communication

  • (a) Users consent to receiving from ANI and BARAKA IMPACT FINANCE all communications including notices, agreements, legally required disclosures, or other information in connection with the Platform, Portal and Services electronically. We may provide the electronic notices by posting them on the Portal and/or emailing Users about updates. The User agrees that it is responsible for understanding these documents and agrees to conduct business by electronic means.
  • (b) The User agrees and represents that it owns a suitable computer with Internet access, an email address, and the availability to download, save and/or print communications to retain a record of such communications. The User agrees that it is solely responsible for maintaining such equipment and services required for online access.
  • (c) The User agrees that any information that it transmits to the Platform or the Portal in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and non-proprietary and can freely be used by ANI and BARAKA IMPACT FINANCE, along with each of their Affiliates for any purpose. ANI and BARAKA IMPACT FINANCE shall be free to use any non-confidential and non-proprietary idea, concepts, know-how, techniques, etc. contained in any communication to the Portal or Platform for any purpose.
  • (d) Users are obligated to review the Platform and Portal periodically for changes and modifications and agree not to contest the admissibility or enforceability of the electronically stored copy of these Terms in any proceeding arising out of these Terms.
  • (e) The User agrees that ANI and BARAKA IMPACT FINANCE may send communications to it via mailing address, email, telephone, or facsimile number provided by it in the User Account. The User agrees to notify us of any changes of its address or contact details. ANI and BARAKA IMPACT FINANCE may also deliver information verbally. Communications shall be deemed delivered to the User when sent and not when received. The use of electronic signatures by a User to sign documents legally binds the User in the same manner as if the User had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to it in writing.
  • (f) Although the User consents to electronic delivery, the User may elect to deliver communications by other means and such delivery shall not affect the User’s consent. The User may revoke consent to electronic delivery of communications and elect to receive a paper version. ANI and BARAKA IMPACT FINANCE shall have a reasonable period to effect such a change and it may charge the User a reasonable fee for sending such paper copies.
  • (g) Neither ANI nor BARAKA IMPACT FINANCE  provide any guarantee of confidentiality or privacy of any communication or information transmitted on the Platform or the Portal or any hyperlinks contained in it. It will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Portal or Platform, its equipment, transmitted over networks accessed by the Portal, or otherwise connected with the User’s use of the Platform, Portal and Services.
  • (h) ANI and BARAKA IMPACT FINANCE may provide notifications, including those regarding modifications to these Terms, whether such notifications are required by law or are for marketing or other business-related purposes, to the User via email, written, or hard copy notice, or through posting of such notice on the Portal, as determined by it in its sole discretion. ANI and BARAKA IMPACT FINANCE reserve the right to determine the form and means of providing notifications to Users. The User may opt out of certain means of notification as described in these Terms. ANI and BARAKA IMPACT FINANCE  are not responsible for any automatic filtering the User or its network provider may apply to email notifications sent to the email address provided by the User.
  • (i) NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL ASSUME ANY RESPONSIBILITY FOR, NOR BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT, THE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF THE USER’S ACCESS TO, USE OF, OR BROWSING IN THE PLATFORM OR PORTAL OR THE USER’S DOWNLOADING OF INFORMATION, PARTICULARLY THE MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PLATFORM OR PORTAL. NEITHER ANI NOR BARAKA IMPACT FINANCE CAN OR SHALL GUARANTEE THAT ANY INVESTOR-USER HAS THE ACCREDITATIONS IT HOLDS ITSELF OUT TO HAVE OR IS A QUALIFIED, ACCREDITED, PROFESSIONAL INVESTOR OR OTHER QUALIFYING ACCREDITATION, OR THAT THE INFORMATION PROVIDED ON THE PLATFORM OR PORTAL IS TRUE, CORRECT, COMPLETE, OR VIABLE.
  • (j) NEITHER ANI NOR BARAKA IMPACT FINANCE SHALL ASSUME ANY RESPONSIBILITY OR LIABILITY ARISING FROM INFORMATION THAT CONTAINS ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PROFANITY, DANGER OR INACCURACY WITHIN ANY LOCATIONS ON THE PLATFORM OR PORTAL. IT RESERVES THE RIGHT TO REMOVE ANY CONTENT FROM THE PLATFORM OR PORTAL OR TO RESTRICT ACCESS FOR ANY REASON WITHOUT NOTICE.

17. Service-Specific Terms

Certain Services, or portions thereof, that could be provided by BARAKA IMPACT FINANCE, may be subject to additional terms (“Service-Specific Terms”), including third-party terms and conditions, that are specific to these particular Services, set forth in such Service-Specific Terms. If a conflict arises between these Terms and any Service-Specific Terms, the Service-Specific Terms will control with respect to the applicable services or portions thereof. Use of the Services may also be subject to additional policies, guidelines, or rules we make available to Users.

18. Reference Materials

Reference to certain materials (“Reference Materials”) may be found on the Portal.

REFERENCE MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.THESE MATERIALS ARE NOT INTENDED TO (A) CONSTITUTE LEGAL ADVICE OR (B) CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE USER AGREES THAT EACH SITUATION IS HIGHLY FACT-SPECIFIC AND UNDERSTANDS IT SHOULD SEEK LEGAL ADVICE FROM A LICENSED ATTORNEY IN THE RELEVANT JURISDICTION(S).

19. Cautionary Language Regarding Forward-Looking Statements

The Information may contain estimates, data, projections, or other statements that are forward-looking in nature. Such forward-looking statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections of the Enterprises listed or showcased as effective ‘solutions’ for serving and impacting their intended markets.

NEITHER ANI NOR BARAKA IMPACT FINANCE UNDERTAKE ANY OBLIGATION TO PUBLICLY UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS.

20. Limitation of Liability, Warranty, and Indemnification

  • (a) The Platform, Portal and Information including but not limited to the Services connected therewith, are provided on an “as is”, “with all faults”, and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy, and efforts lies with the User. Neither ANI, BARAKA IMPACT FINANCE, nor their affiliates make any representations, warranties, undertakings, or guarantees, express or implied, under these Terms. Any and all of its representations, warranties, undertakings, or guarantees under or in connection with the Terms are excluded to the extent legally possible, including but not limited to representations, warranties, undertakings, or guarantees.
  • (b) To the fullest extent permitted by law, except as expressly stated in the Terms, ANI, BARAKA IMPACT FINANCE and their affiliates make no warranty of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. It further makes no representation, warranty or guarantee that the Platform, Portal or any of its Services will meet a User’s requirements or expectations, that User Data will be accurate, complete, or preserved without loss, or that the Services will be timely, uninterrupted or error-free.
  • (c) Neither ANI nor BARAKA IMPACT FINANCE make any no representation or warranty, express or implied, with respect to any third-party data provided to the Platform or Portal, or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. It will not be liable in any way to the User or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by the Portal or "force majeure" or any other cause beyond the control of ANI or BARAKA IMPACT FINANCE.
  • (d) Neither ANI nor BARAKA IMPACT FINANCE will be responsible or liable in any manner for any User Data, third-party services, third-party materials, any content uploaded to the Platform or Portal by any third party, or services it does not provide (including for any delays, interruptions, transmission errors, security failures, and other problems caused by these items). The User is responsible for using the Platform and Portal in accordance with the Terms set forth herein and backing up any data.
  • (e) Neither ANI nor BARAKA IMPACT FINANCE make any warranty that access to the Platform or Portal will be uninterrupted or error-free, that defects will be corrected, or that viruses or other harmful components will not be transmitted in connection with your use of the site.
  • (f) ANI and BARAKA IMPACT FINANCE disclaim all liability for any direct or indirect damages and/or costs that may arise from the use of (whether such use if proper or improper), or access to, its Platform or Portal (or the inability to access such).
  • (g) Neither ANI nor BARAKA IMPACT FINANCE can guarantee the confidentiality of any communications made by a User through the Platform or Portal. Although it generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform or Portal, the User acknowledges and agrees that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with the User’s use of the Platform or Portal.
  • (h) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Platform, Portal or Information and  any and all Services, whether for breach of contract, tortious behaviour (including, without limitation, strict liability), negligence, or under any other cause of action, to the fullest extent permissible by law.
  • (i) As there may be errors and deficiencies in the Information, ANI and BARAKA IMPACT FINANCE strongly suggest that the User seek legal advice prior to any potential transaction. The Portal does not, and in no way constitutes or implies the endorsement, recommendation, or appropriateness of a deal or opportunity.
  • (j) ANI and BARAKA IMPACT FINANCE provides information on the Portal including, but not limited to, its Information as a resource for Users but does not procure business advice, tax advice, or legal advice to the User, its affiliates, or anyone else.
  • (k) To the fullest extent permitted by law, and except for ANI’s and BARAKA IMPACT FINANCE’s or the User’s indemnification obligations, under no circumstances and under no legal theory shall Users, their affiliates or any third party hold ANI or BARAKA IMPACT FINANCE or any of their affiliates, nor their respective officers, directors, agents, or employees accountable under the Terms for:

    i. any indirect, special, incidental, consequential, exemplary, or punitive damages;

    ii. any loss, damage, cost or expense relating to the adequacy, accuracy or completeness of the Enterprise information accessible on the Portal or the use of that information, and the User specifically acknowledges that neither ANI nor BARAKA IMPACT FINANCE is liable for the defamatory, offensive or illegal conduct of other users, contributors or third parties over which it has no control;

    iii. the loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose; or

    iv. any direct damages, costs, losses, expenses, or liabilities in excess of any fees actually paid to it by the User during the twelve (12) months preceding the event giving rise to the User’s claim; if no fees or subscription fees apply, such as in the case of the Pilot Phase, liability will not exceed, in aggregate, one hundred (CHF 100) Swiss francs.
     
  • (l) Each party acknowledges and agrees that this Section is a reasonable allocation of risk between the parties, that the parties have relied on these limitations in determining whether to enter into these Terms, and that this Section will survive and apply to any claims arising out of or related to these Terms regardless of the applicable theory of liability, even if any limited remedy in these Terms is found to have failed of its essential purpose.

    (m) The User shall defend, indemnify, and hold harmless ANI and BARAKA IMPACT FINANCE and all of their respective officers, directors, affiliates, partners, employees, agents, successors and assigns from and against any cause of action, liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses (including, but not limited to, reasonable legal and accounting fees) claimed against them by third parties relating to:

    i. the User’s failure to perform its obligations under these Terms

    ii. the User’s breach of any warranties, conditions, representations, or obligations under these Terms or any documents referenced herein;

    iii. the User’s violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights); or

    iv. any misrepresentations made to other Users on the Portal or Platform.
  • (n) ANI and BARAKA IMPACT FINANCE reserve the right to assume, at their sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and the User agrees to fully cooperate with ANI and BARAKA IMPACT FINANCE in the defense of any such claim, action, settlement or compromise negotiations, as requested by ANI or BARAKA IMPACT FINANCE.

Nothing in these Terms shall exclude or in any way limit ANI or BARAKA IMPACT FINANCE’S liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of applicable law and insurance.

21. Termination

These Terms will continue in force until terminated by either party. Either party may terminate these Terms at any time, with immediate effect, without prior notice to the other Party. The User may terminate these Terms at any time by sending a cancellation request to:  legal@barakaimpact.com.

The change will be processed within thirty (30) days and the User Account will be deleted.

Any termination or restriction shall be without prejudice to any rights accrued to ANI or BARAKA IMPACT FINANCE up to the date of termination.

22. Confidentiality

  • (a) "Confidential Information," as used in these Terms, means any written, machine-reproducible and/or visual materials, whether labelled as proprietary, confidential, or with words of similar meaning or not, and all information that is orally or visually disclosed, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. BARAKA IMPACT FINANCE’S Confidential Information includes, without limitation, the usage data, including the content therein, including any software whether in source or executable code, Enterprise, and other “pipeline” related information and data, databases, documentation, pricing, business plans and materials, techniques, trade secrets, methods, processes, and the results of any tests of the Portal and Services during the Pilot Phase. ANI’s Confidential Information includes source code, executable code, all templates, programs, methodologies, processes, technologies and other materials developed relating to the development and maintenance of the Platform.

    (b) Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the User; (b) was in the User’s lawful possession prior to the disclosure; (c) is rightfully disclosed to the User by a third party without restriction on disclosure; or (d) is independently developed by the User, which independent development can be shown by written evidence.

    (c) Confidential Information shall be kept confidential for a period of five (5) years after termination in accordance with the Termination provisions above. This term does not apply to trade secrets which shall remain protected and kept in strictest confidence until they fall into the public domain through no fault or breach on the part of the receiving party. Each Party shall take all reasonable steps to ensure that the other’s Confidential Information is not disclosed or distributed by its employees, agents, or subcontractors in violation of the Terms. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided sufficient advance notice to the other party.

23. Miscellaneous

a. Changes

ANI and BARAKA IMPACT FINANCE may change these Terms from time to time. Users can review the most current version of these Terms at any time at [hyperlink].  The revised provisions will become effective once posted or on any effective date indicated in the posting, and the User accepts the revised provisions by accessing or using the Platform, Portal or any Services after that date.

b. Assignment

The User may not assign these Terms without prior written consent from ANI and BARAKA IMPACT FINANCE.

ANI and BARAKA IMPACT FINANCE may assign or transfer these Terms, in whole or in part, without restriction. They shall each have the right to assign their respective rights or delegate any of their respective responsibilities under these Terms to an affiliate or in connection with a merger, consolidation, or re-organization or the sale of substantially all assets.

c. Beneficiaries

Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

d. Notices

Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received.

e. Force Majeure

No party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster or internet disturbance).

f. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. If for any reason a court or arbitration center, as applicable, of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, reflecting the intent of the parties as closely as possible, as well as the economic, business and other purposes of such void or unenforceable provision; other provisions of these Terms will remain in full force and effect.

Failure for ANI or BARAKA IMPACT FINANCE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by ANI or BARAKA IMPACT FINANCE, as applicable. Except as expressly set forth in these Terms, the exercise by ANI, BARAKA IMPACT FINANCE or the User of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

g. Independence

By using the Portal and Services, the User acknowledges that the Portal acts only as an introducing community and network. No agency, partnership, joint venture, or employment is created as a result of these Terms. A party does not have any authority of any kind to bind any other party in any respect whatsoever; instead, the relationship is that of independent contractors.

h. Customer Reference

ANI and BARAKA IMPACT FINANCE reserve the right to use the User’s name and logo for marketing or promotional purposes in communications to or with existing or potential Users, and on its professional media outlets.

i. Legal Fees

ANI and BARAKA IMPACT FINANCE shall have the right to collect any expenses incurred including attorneys' fees in enforcing their respective rights under these Terms.

24. Governing Law, Place of Jurisdiction

The Terms and any legal matters in connection to them shall be governed, construed, and entered in accordance with the laws of Switzerland.

The User may have additional obligations and responsibilities to adhere to in the jurisdiction of its domicile, residency, or physical location for which it is entirely responsible. The Artha Platform, Portal and Services are intended for use only in jurisdictions where they may lawfully be offered for use.

The Convention for the International Sale of Goods will not apply.

Except as restricted by applicable law, the User hereby consents to the exclusive jurisdiction and venue of the ordinary courts of the canton of Geneva, Switzerland, which shall have jurisdiction over legal disputes arising out of or connection with the Terms and use of the Artha Platform, Portal and Service. An appeal to the Swiss Federal Court is reserved.

ANI and BARAKA IMPACT FINANCE reserve the right to bring legal proceedings at other places of jurisdiction, such as in matters involving copyright infringement and cross-border claims. In such cases, the choice of law shall be that of the court which has jurisdiction over the dispute.

In the event of any claim, controversy, or alleged dispute (“Dispute”) between the User and BARAKA IMPACT FINANCE, or User and the Artha Platform, the Parties hereby agree to attempt to amicably resolve any such Dispute in good faith at least 30 days before instituting any legal proceeding.

The Parties may mutually agree to refer a Dispute to the International Court of Arbitration of the International Chamber of Commerce to be resolved in accordance with its rules (“Rules”), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three, the seat of the arbitration shall be Zurich, and the arbitral proceedings shall be conducted in English. The award of the arbitrators shall be final and binding on the Parties.

The User hereby waives any claim that the elected legal and arbitration seats are improper or inconvenient.

Users may only resolve Disputes with ANI and BARAKA IMPACT FINANCE on an individual basis and may not bring a claim in a class, consolidated, or representative action.