Terms of Service

Welcome to Kafukufuku Data Hub ("KDH", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the KDH platform, website, API, and any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Account Registration

To access certain features, including data submission and the admin dashboard, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law, including the Malawi Data Protection Act (2024) and the Electronic Transactions and Cyber Security Act (2016).
• Upload, post, or transmit any content that is defamatory, obscene, fraudulent, or infringes upon the rights of others.
• Interfere with or disrupt the integrity or performance of the Service, including by introducing viruses, worms, or other malicious code.
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems through hacking, password mining, or any other means.
• Scrape, crawl, or data-mine the Service in a manner that imposes an unreasonable load on our infrastructure, unless using our public API in accordance with its rate limits.
• Use the Service to process personal data of data subjects without a lawful basis as required under the Malawi Data Protection Act (2024).

4. Data Submission

By submitting data to the Service, you grant KDH a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (for formatting, standardization, and quality purposes), and publicly display such data. You represent and warrant that you have all necessary rights, consents, and permissions to submit the data and that doing so does not violate any applicable law, including the Malawi Data Protection Act (2024).

If the data you submit contains personal information as defined by the Malawi Data Protection Act, you must ensure you have obtained consent from the data subjects or have another lawful basis for processing. Data that contains personal information without a lawful basis will be removed upon discovery.

5. Intellectual Property

The KDH platform, including its code, design, logo, and branding, is owned by KDH or its licensors and is protected by intellectual property laws. Datasets made available through the Service may be subject to their own license terms, which are displayed alongside each dataset. You must comply with any license terms associated with datasets you access or download.

6. API Access

Our public REST API is available at /api/v1/. API consumers must identify themselves with a valid User-Agent header. We reserve the right to rate-limit, throttle, or block API access that degrades service for other users. API documentation is available at /api/v1/docs/.

7. Third-Party Services

The Service may link to or integrate with third-party data sources, websites, or services. KDH is not responsible for the content, accuracy, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KDH makes no representations or warranties of any kind, express or implied, regarding the Service, including but not limited to the accuracy, completeness, reliability, or availability of the data provided. KDH disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. Research data is provided for informational and analytical purposes and should not be used as a sole basis for decision-making without independent verification.

9. Limitation of Liability

To the fullest extent permitted by applicable law, KDH, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if KDH has been advised of the possibility of such damages.

KDH's total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to KDH, if any, in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless KDH and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your violation of any applicable law, including the Malawi Data Protection Act (2024).

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 8, 9, 10, and 12.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Malawi, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be submitted first to mediation. If mediation fails, the dispute shall be resolved by the courts of Malawi, which shall have exclusive jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by email to registered users at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Contact

For questions about these Terms, please contact us at:

Kafukufuku Data Hub
Email: legal@kdh.mw
Address: Available on request