Terms of Use | Pemba Blue

PEMBA BLUE LTD TERMS OF USE

Last updated: June 2026

These Terms of Use (“Terms”) are an agreement between you and Pemba Blue Ltd. that governs your use of this website, any other website, mobile application, online portal, electronic form, survey, interactive exhibit, and any other channel or mobile feature that is managed or operated by Pemba Blue Ltd. (collectively, “Sites”). The words “user,” “you,” and “your” refer to entities or individuals that access or use the Sites. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AS AMENDED FROM TIME TO TIME, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. DO NOT USE THE SITES IF YOU DO NOT AGREE TO THESE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM.

1. ELIGIBILITY

The Sites are only available to users who can form legally binding contracts under applicable law. By accessing or using the Sites, you represent and warrant that (a) you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen, and (b) if you are using the Sites on behalf of an entity, you are authorized to accept these Terms on that entity’s behalf.

2. ADDITIONAL TERMS

Any new or additional features, tools, sites, portals, or content that are added to the Sites will also be subject to these Terms unless expressly stated otherwise. Certain features of the Sites (“Additional Sites”) may be subject to additional terms (“Additional Terms”) presented within the Additional Sites. You must agree to any applicable Additional Terms before using those Additional Sites. Unless otherwise specified in any Additional Terms, the Additional Terms supplement and are incorporated into these Terms. If you do not agree to the Additional Terms, you may not use the Additional Sites. If any of the Additional Terms are inconsistent with these Terms, the Additional Terms will govern solely with respect to those Additional Sites.

3. RESTRICTED USE

(a) General Use Restrictions. The Sites may contain (without limitation) information, materials, data, text, software, music, sound, photographs, graphics, video, messages, instructional documents and any other materials (collectively, the “Content”). The Content is the sole and exclusive property of Pemba Blue Ltd. or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and the Sites solely for your own noncommercial and internal purposes. Except as set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Sites or Content. In addition, notwithstanding anything to the contrary herein, with respect to the Sites, Content, and User Contributions (as defined below), you are not permitted to:

remove any proprietary notices, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, authentication, or security system used as part of the Sites, Content, or User Contributions or any host, network, system, or account related thereto;
interfere with or disrupt the proper functioning of the Sites, Content, User Contributions, or of any Pemba Blue Ltd. networks or systems, including those used by Pemba Blue Ltd. or Pemba Blue Ltd. Third Parties (as defined below) to host or provide the Sites;
infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;
use the Sites, Content, or User Contributions for any purpose or in any manner that is unlawful or violates any applicable local, state, national, or international law;
provide or upload any content, data or information to the Sites that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
provide or upload through the Sites or User Contributions information, including personal data, of others that you are not authorized to provide;
use the Sites, Content, or User Contributions to develop applications, websites, or any other functionalities that leverage the Sites, Content, or User Contributions;
provide the Sites, Content or User Contributions to the public, or otherwise make available any links, hypertext (Universal Resource Locator (“URL”) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Sites, or any part thereof;
link or shortcut to our Sites from your website, blog or similar application;
use the Sites, Content, or User Contributions in a way that suggests you are a representative of Pemba Blue Ltd. or for any lobbying or political activities; or
cause damage to Pemba Blue Ltd.’s business, reputation, employees, members, facilities, or to any other person or legal entity.

Any scraping, automated access, or other unauthorized access to, and storage of, Sites or Content may, in our sole discretion, result in immediate suspension or termination of your access to the Sites, Content, your Credentials or your Account (as defined below). Use of the Sites or Content for any purpose other than what is described in this Section is prohibited. We reserve the right to monitor and exercise all other rights of ours, and to modify or remove any Content or User Contribution (as defined below) at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of Pemba Blue Ltd. (b) Charitable or Governmental Use. We may provide Content that, if so designated (“Designated Content”), may be downloaded and used by you for additional purposes pursuant to this Section. YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE DESIGNATED CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR CHARITABLE OR GOVERNMENTAL PURPOSE AND IN THE ORDINARY COURSE OF ANY ATTENDANT OPERATIONS. YOU MAY NOT SELL OR EXPLOIT DESIGNATED CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE DESIGNATED CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.

4. OWNERSHIP AND INTELLECTUAL PROPERTY

The Sites and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Sites are owned by Pemba Blue Ltd. or our licensors. All rights not expressly granted to you are reserved. The Sites and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms. All trademarks, service marks, logos, trade names, and any other proprietary designations of Pemba Blue Ltd. used herein are trademarks or registered trademarks of the Pemba Blue Ltd., our affiliates, partners or suppliers. You may not use any of our trademarks, logos, or trade dress without our express written consent.

5. ACCOUNT REGISTRATION

Access to and use of some areas of our Sites may require you to create a profile or register for a user account (“Account”). For example, when you respond to a request for proposal you may need to create an Account through our proposal submission portal. If you register for an Account, you will create an Account username and password (“Credentials”). You must provide us with accurate, complete, and current information during Account registration and at all other times and update all information provided to us so that it remains accurate. You agree to keep your Credentials confidential and not provide them to or allow any third party to use your Credentials or Account. You are solely responsible for all use of your Account and your Credentials, whether it occurs with or without your knowledge. You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and any Foundation Third Party as being a use made by you, even if someone else used your identifier. “Pemba Blue Third Party” means any third-party partner or service provider with whom we work to provide the Sites, Content, and any related services, or to pursue our mission including, but not limited to, their respective affiliates, officers, employees, partners, representatives, and agents. You agree to notify us immediately at info if you suspect any unauthorized use of your Account or Credentials or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.

6. DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY

If you are a copyright owner and you believe your work has been copied and used improperly on the Sites, please contact us at info pembablue.com. To be effective, the notification to us must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Sites; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Please note that any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Sites is infringing, we suggest that you contact an attorney prior to sending notice. You may have similar rights under other local laws. Please also direct all such concerns to the address above.

7. LINKED SITES

The Sites may contain links to other websites and Sites that we think may interest you (collectively, “Linked Sites”). Linked Sites are not under the control of Pemba Blue Ltd. and Pemba Blue Ltd. is not responsible for Linked Sites, or for any information or materials on, or any form of transmission received from, any Linked Site. The inclusion of a link does not imply endorsement Pemba Blue Ltd. of the Linked Sites or any association with the operators of the Linked Sites. Pemba Blue Ltd. does not investigate, verify or monitor the Linked Sites. Pemba Blue Ltd. provides links to Linked Sites for your convenience only. Linked Sites may have their own policies and terms, and we are not responsible for any Linked Site’s policies or terms. You access Linked Sites at your own risk.

8. PRIVACY POLICY

Please refer to our Privacy & Cookies Notice, which describes our practices and policies related to the collection, use, and storage of personal data collected through the Sites. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.

9. NO COMMISSIONS

We do not deal with persons desiring to be paid for services, support, or other activities unless we intentionally enter an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps fulfill of a job, or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. We may also use, delete, or ignore any information you provide without paying you anything and without undertaking any duties to you or anyone else. If you do not agree to this restriction, then do not submit any information.

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, CONTENT, SUBMISSION COMMENTS, AND USER CONTRIBUTIONS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. PEMBA BLUE LTD. DOES NOT WARRANT THAT THE SITES, CONTENT, SUBMISSION COMMENTS, OR USER CONTRIBUTIONS CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. PEMBA BLUE LTD. PEMBA BLUE LTD.THIRD PARTIES, AND THEIR RESPECTIVE SELLERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT PEMBA BLUE LTD. AND ANY PEMBA BLUE LTD. THIRD PARTY’S LIABILITY.

11. DISCLAIMER OF CERTAIN DAMAGES

IN NO EVENT WILL PEMBA BLUE LTD. OR PEMBA BLUE LTD. THIRD PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITES, THE CONTENT, SUBMISSION COMMENTS, OR THESE TERMS, EVEN IF PEMBA BLUE LTD. OR PEMBA BLUE LTD. THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED PEMBA BLUE LTD AND PEMBA BLUE LTD. THIRD PARTIES’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITES, THE CONTENT, USER CONTRIBUTIONS, SUBMISSION COMMENTS, OR THESE TERMS WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT, SITES, OR SUBMISSION COMMENTS CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM OR SERVICE CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE CONTENT, SITES, USER CONTRIBUTIONS, OR SUBMISSION COMMENTS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

13. IMPORTANT NOTICE REGARDING LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THESE TERMS WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Pemba Blue Ltd., Pemba Blue Ltd. Third Parties, and their respective officers, employees, agents, partners, suppliers, affiliates, and licensors (“Indemnified Parties”), from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise (“Claims”), relating to, arising from, or allegedly arising from (a) your use of the Sites, the Content, and/or any products or services provided by Pemba Blue Ltd. or Pemba Blue Ltd. Third Parties; (b) activities occurring under your Account; (c) any violation of these Terms; (d) User Contributions or Submissions; and (e) your violation of any other party’s rights or applicable law. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent in a non-electronic record.

15. GOVERNING LAW AND EXCLUSIVE JURISDICTION; DISPUTE RESOLUTION

These Terms and your use of the Sites are governed by the laws of Zanzibar, without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like to contract for application of the law of your local jurisdiction (a “Mandate”). You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Zanzibar, except to the extent you are prohibited from doing so by a Mandate. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. For any dispute or claim you may have arising out of or relating to the Sites, Content, User Contributions, or these Terms, you and Pemba Blue Ltd. will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim in accordance with this Section. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SITES, CONTENT, USER CONTRIBUTIONS OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY ADDITIONAL TERMS, SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.

16. CHANGES TO TERMS

Pemba Blue Ltd. reserves the right to change these Terms at any time upon notice to you which may be provided any legally permissible means including by (a) updating these Terms and posting them on the Sites; or (b) emailing the address you provided in your Account. You agree to periodically review these Terms for changes. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Sites after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, do not use the Sites.

17. TERMINATION

We may deny or suspend access or terminate your use of the Sites in our sole and absolute discretion at any time and without prior notice. We may suspend or terminate the Sites and terminate these Terms, in our sole and absolute discretion at any time and without prior notice and take whatever action we deem necessary to preserve the integrity of the Sites and Content. Termination will not limit any of Pemba Blue Ltd. rights or remedies.

18. INTERNATIONAL USE

Please be aware that we are headquartered in Zanzibar and that the Sites and Content are governed by Zanzibar law. If you are using the Sites or accessing the Content from outside of Zanzibar, your information may be transferred to, stored, and processed in Zanzibar or another location where our servers may be located. Pemba Blue Ltd. makes no representation that the Sites or Content are appropriate or available for use in locations outside of Zanzibar, and access to the Sites or Content from territories where the Sites or Content is illegal is prohibited. Those who choose to access the Sites and Content from locations outside of Zanzibar do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Sites or Content in violation of Zanzibar export laws and regulations. If you use the Sites or access the Content outside of Zanzibar you, (a) consent to the transfer, storage, and processing of your information to and in Zanzibar; and (b) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites or Content. The Sites and Content are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Pemba Blue Ltd. or its affiliates to any registration requirement within such jurisdiction or country.

19. FORCE MAJEURE

We are not liable or responsible to you and will not be in default or breach for any failure or delay in our performance when a failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

20. GENERAL TERMS

These Terms and any: (a) notices, terms, or other items incorporated herein; (b) additional terms and conditions contained on the Sites, as a part of your participation in a particular activity, or related to any Content; and (c) any additional consents or agreement provided by you on or in connection with the Sites or any Content, service or other activity, constitutes the entire agreement between you and Pemba Blue Ltd. regarding the Sites or the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Pemba Blue Ltd. intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Pemba Blue Ltd. agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Pemba Blue Ltd. may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Pemba Blue’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Pemba Blue Ltd. if it is in a written document signed by Pemba Blue Ltd. Both you and Pemba Blue Ltd. warrant to each other that, in entering these Terms, neither Pemba Blue Ltd. nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Pemba Blue Ltd, or Pemba Blue’ssuccessors and permitted assigns, will have any right to enforce any of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.

21. NOTICES

Pemba Blue Ltd may give you all notices (including legal process) that Pemba Blue Ltd. is required to give by any lawful method, including by posting notice on the Sites or by sending it to any email or mailing address that you provide to Pemba Blue Ltd.. You agree to provide current and accurate contact information to Pemba Blue Ltd. and to check for notices posted on the Sites. You agree to send Pemba Blue Ltd. any notice by mailing it to info@pembablue.com.