Onlineafrica Business Terms & Conditions
Introduction
Our mission is to connect Africa to the world’s trades and services to enable them to be more productive and successful. Onlineafrica is designed to help African businesses, organizations and skills to be found by customers, partners, employment candidates and others and to provide these organizations the chance to connect and network with other online Africa members globally.
Contract
You are entering into contract terms that govern the use of the Onlineafrica Marketplace
By creating, becoming an Administrator (as defined below), or continuing as an Administrator of a marketplace on our Business Services, you are agreeing to enter into legally binding contract terms between Onlineafrica (as defined below and also referred to as “we”,“us” and “our” ) and your Organization (as defined below) represented by the Marketplace. “Organization” means the business represented by your Marketplace, which may only be a legal entity (such as a company) or you, if you are operating the business in your individual capacity (such as a sole proprietorship, freelance). You also represent and warrant that you are authorized to enter into these contract terms on behalf of the Organization (collectively with the Organization, you and the other Administrators, if any, “You”).
If You do not agree to this contract (the “Contract” or “Service Terms”), do not register as an Vendor/Administrator and do not access or otherwise use any of our Business Services (including creating, claiming or continuing as a business administrator for the Marketplace).
In addition to the Service Terms, the Onlineafrica Privacy Policy, User Agreement and Cookie Policy apply to any use of our services. Additional terms may apply to specific features. For example, if You purchase products on the Marketplace, such features may be subject to additional terms and payment obligations.
Intellectual Property
You grant Onlineafrica a license to the content you provide to us on the Business Services or suggest to us.
License. You grant to Onlineafrica (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content You provide to Onlineafrica. The foregoing license survives termination of this Contract with regard to content provided prior to termination. You represent and warrant that you own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).
Feedback and Reservations of Rights. If You choose to provide suggestions and feedback to Onlineafrica, You agree that Onlineafrica (and its affiliates) can (but does not have to) use and share such feedback for any purpose without compensation to You. You may not disclose any information about our metrics or Member demographics. Onlineafrica (and its affiliates) reserve all of our intellectual property rights in the Business Services.
Marketplace Service Limits
You agree that the identity of Administrators is public to others and that Onlineafrica may suspend, change or end the Business Services, or your Marketplace. You also agree that we can remove, and are not obligated to store, your Marketplace content.
You acknowledge and agree that:
Any Administrator’s identity and actions related to the Marketplace may be visible to others, including visitors and other Administrators of the Marketplace.
We may add or suspend any Administrator’s access to the Business Services (including administration of the Marketplace) at any time at our own discretion.
We may change or discontinue any of our services, including Business Services. In addition, Onlineafrica reserves the right to remove any Marketplace on the Business Services at any time without notice, including all, or part of, the Marketplace’s content.
We may modify the Marketplace in accordance with our policies. For example, we may modify the Organization name on the Marketplace and add clarification statements to the Marketplace to address member confusion or conflicting trademark rights. In addition, we may (a) restrict any name change and have no obligations to perform any change, merger or other request, and (b) determine how name changes will be represented on profiles and on other references to the Organization on Onlineafrica services.
We are not obligated to publish any information or content on our Business Services (or other services) and can remove it in our sole discretion, with or without notice. Onlineafrica may be required by law to remove certain information or content in certain countries.
We do not promise to store or keep showing any information and content that You have posted. We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.
Obligations
Here are some promises that you make to us in this Contract:
You have at least one Administrator with up to date contact information.
You will use your Organization’s real name and keep it up to date.
You will use the Business Services for legal purposes.
You will comply with our “Do’s and Don’ts”.
You will be truthful about your personal data practices and comply with the laws that apply to your use of the Business Services.
You agree to only use the Business Services in accordance with these Service Terms.
Administrators. “Administrator(s)” are Member(s) who have signed up on the Business Services to be (or who were added as) “administrators” of the Marketplace. You acknowledge and agree that:
The Marketplace must have at least one Administrator identified for the Marketplace.
Each Administrator of the Marketplace must be a current registered member of Onlineafrica.com (“Member”) with correct contact information.
Name Changes and Mergers. You agree to accurately reflect the identity of the Organization on the Marketplace and to promptly update any name changes of the Organization, including any that may result from mergers, acquisitions or other restructuring. Please reach out to us with requests related to the Marketplace.
Content and Conduct. You agree that:
You will follow our “Do’s and Don’ts,” and keep content professional, respectful, relevant, and accurate.
You will only post content that is truthful and does not infringe anyone else’s rights.
You will only use the Business Services to identify and promote your own Organization.
Your Organization operates a lawful business in accordance with applicable laws.
You will ensure that all of the Organization’s actions (including by any Administrator) regarding the Marketplace (such as all posts, additions, and deletions) comply with all applicable laws.
Compliance with Data Policies.
As with our other Onlineafrica services, our collection, use and sharing of Your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates. You agree that You will comply with the Service Terms when collecting, using or otherwise processing any personal data related to Members. If You process data about Members (obtained either directly from Onlineafrica services, from any third party application that has integrated with Onlineafrica’s APIs, or otherwise), You must ensure that You have a legal basis for doing so and that Your processing is in compliance with applicable laws (including by clearly informing the Members about Your processing and obtaining their unambiguous consent where necessary). You are responsible for Your and Your agents’ processing of this data, including with respect to any secondary uses, disclosures or transfers of the data.
Modification and Termination
We reserve the right to make changes to the Contract, and you and Onlineafrica can each end this Contract anytime we want.
Modification of Contract. We may modify this Contract from time to time. If we make material changes to the Contract, we will attempt to provide You notice through our Business Services (or by other means) to provide You the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If You object to any changes, You may terminate Your agreement to this Contract (in accordance with termination of contract terms below); however if You do not terminate Your agreement to this Contract, Your continued use of our Business Services after we publish or otherwise notify You about our changes to these terms means that You are consenting to the updated terms.
Termination of Contract. If You wish to terminate this Contract, at any time You can do so by (1) removing all Administrators of the Marketplace, including Yourself (and others, if applicable); (2) deactivating the Marketplace; (3) if you are the only Administrator, closing your Onlineafrica account; and/or (4) notifying Onlineafrica by contacting Us. Onlineafrica has no obligation to de-activate the Marketplace (even after termination). Onlineafrica may terminate this Contract by de-activating the Marketplace and/or by providing notice to at least one Administrator or otherwise to the Organization. See sections ‘survive termination’ above.
Warranty Disclaimer
This is our disclaimer of legal liability for the use of the Business Services.
Onlineafrica makes no representation or warranty about the business services, including any representation that the business services will be uninterrupted or error-free. To the fullest extent permitted by law, onlineafrica and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.
Limitation of Liability
These are the limits of Onlineafrica’s legal liability for the Business Services.
Damages Waiver. To the fullest extent permitted by law, onlineafrica and its affiliates will not be liable to you in connection with the business services for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Liability Cap. To the fullest extent permitted by law, onlineafrica and its affiliates will not be liable to you in connection with the business services for an amount that exceeds $1,000 usd.
Exclusions. The limitations of liability stated, Damage waiver and Liability Cap do not apply to onlineafrica’s liability for fraud, gross negligence or intentional misconduct or its liability for death or personal injury.
Entity and Dispute Resolution
More about the Onlineafrica entity that You are doing business with and how disputes will be resolved.
8.2 Governing Law. If an issue arises, seek amicable resolution first. Secondly, if an issue arises under this Contract and the contracting Onlineafrica entity is (a) an Onlineafrica Corporation in the USA, Europe and other non-African countries, then this Contract is governed by the laws of the State of California, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in a state or federal court in Tustin, California; or (b) Onlineafrica Africa limited Company, then this Contract is governed by the laws of the particular African country, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in the particular African country. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.
Miscellaneous
Here are some important details about this Contract.
You may not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Contract, other than as stated in the Contract. We may notify you within the Business Services or via the contact information of one or more Administrators provided us (e.g., email, mobile number, physical address of any Administrator and/or Organization). You agree to keep your contact information up to date. Onlineafrica accepts service of process at the address identified on this site. Any notices that You provide without compliance with this Section shall have no legal effect. If we do not act to enforce a breach of this Contract, that does not mean that Onlineafrica has waived its right to enforce this Contract. The Contract does not create a partnership, agency relationship, or joint venture between the parties. Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other. Under no circumstances will any employee of one party be deemed to be the employee of the other. You may not assign this Contract in whole or in part without Onlineafrica’s prior written consent. Any attempted assignment in violation of this restriction is void. The Contract shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. If the Contract is translated into a language other than English, the translation is for convenience only, and the English language version will govern. Onlineafrica may remotely monitor Your use of the Business Services to ensure compliance with the Contract. If any provision of the Contract is unenforceable, that provision will be modified to render it enforceable to the extent possible to give effect to the parties’ intentions and the remaining provisions will not be affected.