IMPORTANT NOTE FOR US USERS AND SUBSCRIBERS: subject to certain exceptions, all disputes between IC Publications Limited and United States users of this Site, including subscribers, will be subject to individual mandatory and binding arbitration as described in detail below, which means that disputes will not be heard in court.
· Intellectual Property
· Use of African Business Content
· Registration, Passwords and Responsibilities
· Subscription and Cancellation
· Fees and Payments
· User-Created Content
· Changes to the Site and Digital Applications
· Gift Subscriptions
· Liability and Indemnity
· Force Majeure
· Term and Termination
· Governing Law and Jurisdiction
· Previous versions of our Terms
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “African Business Content”), is copyright of IC Publications Limited and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks for any reason without written permission from IC Publications.
Use of African Business Content
All African Business Content is strictly for personal, non-commercial use only.
You may retrieve and display African Business Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any African Business Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from IC Publications.
· Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the African Business Content; or
· modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the African Business Content (including as part of any library, archive or similar service) without the prior written consent of IC Publications Limited; or
· remove the copyright or trademark notice from any copies of African Business Content made under these Terms.
Any use of African Business Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Rights and Syndication department, by email at [email protected] and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
By providing your email address on certain Sites or Digital Applications in order to receive certain products or services but not also becoming a subscriber or a Registered User, you will become a “Recipient”.
You are solely responsible for the confidentiality and use of and access to African Business Content and the Site and/or Digital Applications using your user name and/or password (where required). You agree to immediately notify IC Publications Limited if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any African Business Content. You will provide IC Publications Limited with accurate, complete registration information and inform IC Publications Limited of any changes to such information. For the purpose of confirming your compliance with these Terms, IC Publications Limited reserves the right to monitor and record activity on the Site and Digital Applications, including access to African Business Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. IC Publications Limited does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Subscription and Cancellation
IC Publications Limited offers different types of subscriptions (“Subscriptions”) for certain products, and can choose whichever format it deems appropriate to deliver such content (print, digital and/or a combination of both).
IC Publications Limited reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time without limitation. While IC Publications Limited ordinarily publishes issues of African Business on a Monthly basis, it does not warrant or guarantee that issues of African Business will be issued each calendar month and IC Publications Limited reserves the right to amend this publication schedule at its sole discretion, including for the avoidance of doubt the right to consolidate two issues together as one double issue.
Where any subscription includes a printed element, IC Publications Limited undertakes to deliver such print edition(s) to the address provided by the subscriber, subject to any delivery restrictions and limitations set out by IC Publications Limited at the point of subscribing.
IC Publications Limited supplies and sets the general terms and conditions that apply to Subscriptions to all users, subscribers and customers in all geographies, including francophone nations. IC Publications Limited will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).
If you do not choose an auto-renew payment option for your Subscription (where applicable), we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may vary from time to time.
Subscriptions directly with IC Publications Limited
If you purchased your Subscription directly with IC Publications Limited then, unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that if you purchase a Subscription, by placing your order you agree that we will start your Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any period prior to your cancellation.
If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse to you a pro-rated amount in respect of the period from the date that you cancelled your Subscription to the expiry or renewal date of the Subscription prior to cancellation.
If applicable, any reimbursement will be settled as described in the “Fees and Payments” section below.
Subscriptions via a third party
If you purchase your Subscription directly through Apple’s ‘App Store’, Google’s ‘Play Store’ or any other third-party app-purchase location (each an “App Provider”), then you can only cancel your Subscription in accordance with the applicable terms and conditions of the App Provider and you shall not have the right to any refund from IC Publications Limited in respect of any termination or cancellation of the Subscription.
If you purchase your Subscription via an external sales representative (excluding the App Providers), you shall not have the right to any refund from IC Publications Limited in respect of any termination or cancellation of the Subscription and this matter shall be dealt with exclusively between you and the sales representative.
Contract and Disputes
IC Publications Limited shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). As further detailed above you have legal rights with regards to your subscription including the right to cancel. Should you have any queries please contact our customer service centre for your region.
Fees and Payments
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
As well as Subscriptions, access to some African Business Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in £ Sterling (GBP) or other currency specified by IC Publications Limited. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase a Subscription or access to any other African Business Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or African Business Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site or any Subscription is terminated by IC Publications Limited, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which shall be determined solely by IC Publications Limited). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from IC Publication’s third party partners. In that event, your contract for such products will be with the third party partner and not with IC Publications Limited. If you are entitled to a refund under these Terms, we will initially attempt to make refunds via the payment method that was used for the original purchase. If it has expired or there are other issues, we will contact you to arrange for an alternative payment method.
IC Publications Limited respects your privacy.
Changes to the Site and Digital Applications
IC Publications Limited reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of African Business Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
Liability and Indemnity
All African Business Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, IC Publications Limited makes no warranty, express or implied concerning African Business Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. IC Publications Limited expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will IC Publications Limited, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if IC Publications Limited has been advised of the possibility that such damages may arise. IC Publications Limited does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of IC Publications Limited or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by IC Publications Limited exceed the amount, if any, paid by you to IC Publications Limited for the particular Service to which the claim relates.
Upon IC Publications Limited’s request, you agree to defend, indemnify and hold harmless IC Publications Limited, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
IC Publications Limited will not be held responsible for circumstances beyond its control.
IC Publications Limited, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of African Business Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of African Business Content.
Changes to these Terms
IC Publications Limited may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or African Business Content). Whenever the Terms are changed, IC Publications Limited will notify you by e-mail, directly through the Site and/or Digital Application, or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after IC Publications Limited has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain African Business Content may be subject to additional terms and conditions. IC Publications Limited may also modify, limit or terminate any Subscription offer at any time without prior notice.
Advertising, Third Party Content and other Web Sites
Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. IC Publications Limited is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. IC Publications Limited is not responsible for the availability of these websites or their content.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by IC Publications Limited.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to IC Publications Limited must be given in writing, by letter, and sent to IC Publications Limited, 7 Coldbath Square, London, EC1R 4LQ.
Severability/Survival/Statute of Limitations
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the United States, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
IC Publications Limited may terminate or suspend your access to African Business Content at any time.
IC Publications Limited may, at its entire discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any African Business Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to IC Publications Limited under these Terms or by law.
Governing Law and Jurisdiction – Users and Subscribers outside of the United States
The provisions in this Section regarding Governing Law and Jurisdiction apply only to users or subscribers outside of the United States. These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of IC Publications Limited, IC Publications Limited shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business. Such proceedings are assignable by IC Publications Limited.
Governing Law; Mandatory Arbitration (and Exceptions); Class Action Waiver; Jurisdiction – U.S. Users and Subscribers Only
The provisions in this Section regarding Governing Law, Mandatory Arbitration, Class Action Waiver, and Jurisdiction apply only to users or subscribers in the United States:
These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New York, United States of America, without regard to choice or conflicts of law principles.
You and IC Publications Limited agree that any dispute, claim, or controversy between you and IC Publications Limited arising in connection with or relating in any way to these Terms or to your relationship with IC Publications Limited as a user or subscriber (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You and IC Publications Limited further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is neither judge nor jury in arbitration, and court review of an arbitration award is limited; and there may be more limited discovery than in court. You specifically agree that you are bound to resolve any disputes in arbitration, and you further acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), then in force. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at + 1 800 778 7879.
Exceptions to Mandatory Arbitration
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or IC Publications Limited’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or IC Publications Limited may take the dispute to small claims court if the dispute qualifies for small claims court.
No Class or Representative Proceedings – Class Action Waiver
You and IC Publications Limited agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and IC Publications Limited agree jointly, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If, in any dispute, the arbitration provision is determined to be invalid or unenforceable (notwithstanding the Severability provision above) or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or IC Publications Limited’s intellectual property rights, the dispute shall be resolved by a state or federal court in New York. The parties agree to submit to the personal jurisdiction of such court for the purposes of litigating any such dispute. This subsection does not apply to disputes made in small claims court.