TERMS AND CONDITIONS OF USE

Conditions of Use

Use of this website, www.inonafrica.com, signifies your full agreement to the following Terms & Conditions. Please read these terms carefully before you use the website. This website, www.inonafrica.com, is owned and operated by In Africa On Africa Group (Pty) Ltd. (hereafter IOA), and the contents of the site, including all intellectual property, trademarks, logos, design and text, are the exclusive property of IOA, and are protected, throughout the world, without limitation, pursuant to copyright and trademark laws. No materials from www.inonafrica.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part, without the prior written permission and consent of IOA, which permission and consent, if and as individually granted under specific terms and conditions of use, in no way compromises the copyright, trademark and proprietary rights of IOA, all of which are left intact and unaltered at all times.

Disclaimer

IOA makes no representations or warranties, and accepts no liability of any kind for any loss or damages resulting from the use of this site or any materials contained on it, which are provided ‘as is’ and ‘as available’. IOA makes no representations or warranties that the materials on this site are error-free, or that they are fit for any particular purpose or requirements. Nor does it warrant the mechanical operation of www.inonafrica.com or any of its contents. No statement on this website is to be construed as a recommendation to buy or sell assets, or to provide investment advice. The client/subscriber has purchased a non-transferable, non-exclusive, license to access specific IOA products, which will be subject to the following terms and conditions.

Website

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

Use of Cookies

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [http://www.google.com/privacy.html].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

Contact & Communication

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Protection of Personal Information Act (POPIA) 2013. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

Email Newsletter

This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

Subscriptions are taken in compliance with the Electronic Communications and Transactions Act (ECTA). All personal details relating to subscriptions are held securely and in accordance with the POPIA 2013. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the POPIA you may request a copy of personal information held about you by this website’s email newsletter program. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with South African Spam Laws, the Consumer Protection Act (CPA) and POPIA 2013, subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

Social Media Platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Shortened Links in Social Media

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

Products and services

IOA is a business in the research and intelligence industry that markets Africa-related research and analysis primarily focusing on Africa’s economic, financial, political and social affairs. These services are housed in two divisions, namely IOA Consulting and IOA Content Marketing. In addition to producing tailored research and/or analytical reports as per clients’ specific requirements, IOA Publishing produces the Africa Conflict Monitor (ACM) and other reports such as the Africa Performance Index (API).

Delivery policy

Subject to confirmation of payment, new ACM subscriptions will be processed within 48 hours. At that time, new ACM Subscribers will receive access to the latest edition of the report/s to which they have subscribed. Access to future ACM reports to which the Subscriber has subscribed will be provided to the subscriber on a monthly basis throughout the subscription period.

IOA reserves the right to suspend the subscription services temporarily in the event of technical difficulties or other circumstances beyond the reasonable control of IOA. In the event of any such temporary suspension of subscription services, IOA will use all reasonable endeavours to resume these services as soon as practicable but shall not be liable for any loss, damage or claim caused by such temporary suspension.

Payment & refund policy

Payment for ACM subscriptions is to be paid in full. With regard to AMM subscriptions, this refers to payment in full for the full subscription period. The client/subscriber undertakes to settle invoices issued by IOA in respect of the services within 30 days of receipt, unless otherwise specifically agreed. Failure to settle in full on these terms may lead to the imposition of interest charges upon the client/subscriber at 6.5% per annum. IOA will not provide a pro rata refund once an ACM subscription has been made available to the subscriber (except in the case of failure of service, as is outlined below in ‘Limitation of liability”), as all subscriptions will run their full term.

IOA may terminate this Agreement, with immediate effect and without notice, in the event that the Subscriber has defaulted in the performance of any material provision contained in this agreement and (where capable of remedy) such default has not been remedied within 30 days after written notice thereof shall have been given to the defaulting party. Termination of this Agreement for any reason shall not affect IOA’s right to recover any moneys due at the time of termination or to recover damages for any breach of contract before termination.

Limitation on liability

In the event of an established failure of the services, IOA’s obligation shall be limited to (a) using its reasonable efforts to remedy any deficiencies in the relevant services, and if these deficiencies can not be remedied, to (b) refunding all payments from the client/subscriber in respect of any period for which the services have failed to be delivered. The obligation to correct defects or refund a proportionate part of the payments described above shall constitute the full extent of IOA’s liability in respect of any loss or damage sustained by the client/subscriber whether caused by breach of this Agreement, misrepresentation, negligence of IOA (or its employees or agents) or from any other cause, and in particular, IOA shall not be liable for any consequential, economic or other direct or indirect loss (including but not limited to any damages payable to a third party, loss of profits or wasted resources) suffered by the client/subscriber. The foregoing exclusions and limitations of liability shall not apply in the case of death or personal injury.

Ownership of Intellectual Property

IOA’s clients and subscribers acknowledge that:

  • all Intellectual Property Rights (IPR) (including all copyrights, trade secrets, know-how, database rights, domain names, and all other intellectual or industrial property rights (whether registered or unregistered)) and all applications for the same, anywhere in the world in the Services, the information contained therein, in all documentation, training materials and related matter, and in all parts thereof, are owned by IOA;
  • that it does not have any IPR nor any other proprietary interests in the Services, or in any data or material contained in it; and
  • except as expressly permitted in this Agreement, nothing herein shall be taken as conferring by implication, estoppel or otherwise any license or right to use any IPR in the Services without the prior written approval of IOA or third parties who may own such IPR.

The client/subscriber undertakes that it will not copy, reproduce, extract or transmit in any form or otherwise deal with in any way, the whole or part of the data, materials or information contained in the Services except as provided in sub-clauses below.

Unless otherwise agreed in writing in advance by IOA, the material (in whole or in part) may not be sold, nor passed on, communicated, or disseminated in any form, nor access granted to any third party (including but not limited to clients/potential clients/suppliers/agents/partners in other ventures/accountants/solicitors/bankers/ brokers/licensees). Nor to any subsidiary, associated or holding company (whether direct or indirect) of the subscriber, whether trading or non-trading, or to any entity trading under the same umbrella trading name where the direct equity interest is different in any way to that of the subscriber.

The client/subscriber may only use the Services in the course of its own normal day-to-day business, unless otherwise agreed in writing between IOA and the client/subscriber. The client/subscriber may not pass materials to clients and prospects unless done so as part of a presentation or similar, where IOA is referenced as owner of all copyrights and intellectual property, and that passing material to third parties is carried out on an ad-hoc non-systematic basis.

Where the client/subscriber effectively copies, or has effectively copied, the intellectual property onto a hard disk, file server or equivalent at its own premises for ease of use, reference or any other reason, it is hereby agreeing to limit access to the agreed-upon number of users unless otherwise agreed in writing, and upon payment of additional fees to IOA.

The client/subscriber (or any subsequent user, whether licensed or unlicensed) will not place financial reliance upon any figure, statement or inference contained within any IOA report or intellectual property, or invite investment from others, without first obtaining the written consent of IOA to do so. In the event that the client/subscriber (or any subsequent user, whether licensed or unlicensed) does not follow this procedure, it (or any subsequent user, whether licensed or unlicensed) agrees to fully and effectually indemnify IOA against any claims, howsoever arising.

Customer privacy policy

IOA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted

Payment may be made by bank transfer into the IOA bank account, the details of which will be provided within all invoices.

Responsibility

IOA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and IOA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Variation

IOA may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by In Africa On Africa Group (Pty) Ltd., a private company based in South Africa trading as In On Africa (IOA) and with registration number 2007/019399/07 by Jonathan Peter Mundell and Charlotte Sutherland, IOA owners and directors.

IOA contact details:

E-mail: info@inonafrica.com

Physical and postal address: 6 The Vines Place, Fairland, Johannesburg, South Africa, 2030.