TERMS AND CONDITIONS of afostory.co.za
Thank you for visiting this website. Please read these Terms and Conditions (“Terms”) carefully before using this site.
These Terms apply to the entire contents of afrostory.co.za, afrostory.org and afrostory.com sites, to any downloaded, uploaded or streamed content and to any correspondence by e-mail between us and you.
1. User agreement
1.1. If you do not agree to be bound by these Terms, please do not access or use this website/App. You must read, agree with and accept all of the Terms contained in this document which includes those expressly set out below and those incorporated by reference, before you may make use of the website/App and related services.
1.2. If you use the website/App (including downloading or uploading to the website) you will be bound by these Terms whether or not you have registered with us, and they will form a contract between you and us.
2.1. Reference in these Terms to “we”, “our” or “us” means AfroStory Pty Ltd , and “you” or “your” means any person or entity using the website/App and related services.
3. Accessing and Using the website
3.1. You agree to only use the website/App in a manner that complies with all applicable laws and regulations and is consistent with the Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website/App (including, without limitation, by hacking).
3.2. We reserve the right in our sole discretion to deny any user access to the website/App or any part of it without prior notice.
4. Trademarks, Intellectual Property Rights and Copyright
4.1. The afrostory sites and App images are artistic works protected by copyright. To strengthen its protection, AfroStory has also been registered internationally as a trademark. The letters “AFROSTORY” and words “AfroStory App” and have also been registered as trademarks. These trademarks are owned by us under license from AfroStory Pty Ltd South Africa. .
4.2. You may not use any of our trademarks in any way without our express prior written permission, and then only in ways contractually agreed to.
4.3. Our trademarks and any other programs, initiative or product name that we may present on the website/App from time to time may not be used in connection with any product or service that is not AfroStory’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit AfroStory.
4.4. Other logos and names used on the website/App may also be the trade marks of us or their respective owners. No permission is given by us in respect of the use of any such trade marks, names or logos and such use may constitute an infringement of the holder’s rights.
4.5. You acknowledge that all copyright, trade marks and other intellectual property rights in the website/App and all photographs, designs, images, text, software, data, audio, video, files and other material in the website/App or material generated by or transmitted from the website are owned by us or our licensors.
4.6. Provided you use the website/App in accordance with these Terms you are permitted to copy content, print, download and receive Books of AfroStory Library (“Extracts”) ONLY for your personal noncommercial use and for school and private study or teaching purposes, provided in each case that:
4.6.1. copyright and source indications are also printed and copied and/or stored in association with the Downloads;
4.6.2. no modifications are made to the downloads and downloads are not used as part of any other publication or derivative work; and
4.6.3. any download is retained, printed and/or copied entirely and is not used in a derogatory or misleading context and in particular may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and “AfroStory”, its agents or employees.
4.7. The rights in term 6.6 are not transferable and no other use of AfroStory Material may be made without first obtaining our express prior written permission. In particular, you may not do the following unless you have first obtained our written permission:
4.7.1. incorporate any AfroStory downloads or Material in any other work, broadcast or publication, whether in hard copy or electronic form; or
4.7.2. make any commercial use or publish any AfroStory downloads or Material (other than as necessary for the purpose of viewing or listening to the website/App in the course of business); or
4.7.3. perform, broadcast or otherwise transmit, post, share or make available to the public any AfroStory Material.
4.8. If you wish to use any AfroStory Material other than in accordance with Terms 4.6 and 4.7 above please request permission from administration. Enquiries and permission requests may be sent to firstname.lastname@example.org
4.9. The photographic, text, PDF files, graphic images, audio and video material within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed, broadcast, transmitted or otherwise exploited. Should you require a copy, please contact us at email@example.com
4.10. Whilst we encourage our supporters to campaign on the issues referred to on our website/App, please do not imply that you are taking action on behalf of AfroStory and in particular do not state that AfroStory is taking, or proposes or is considering taking, action against individuals or organizations.
4.11. Any rights not expressly granted in these terms are reserved.
4.12. We may terminate your rights to use or receive downloads at any time at our complete discretion.
5.1. You may provide links on your website directing visitors to our websites subject to the following conditions:
5.1.1. That you inform us of such link at firstname.lastname@example.org;
5.1.2. You may only use text links to AfoStory on your website. The linking text must simply consist of the website address. You may not use a graphic image or image PDF related text unless you have a current written agreement with us to that effect. We reserve all of our rights in the graphic image and text, any other images, our trademarks and all other intellectual property rights.
5.1.3. You do not replicate our home page, site contents or design.
5.1.4. You do not remove, distort or otherwise alter the size or appearance of any logos on the website;
5.1.5. You do not in any way imply that AfroStory is endorsing any products or services;
5.1.6. You do not misrepresent your relationship with AfroStory nor present any other false information about it;
5.1.7. You do not otherwise use any AfroStory trade marks displayed on our websites without our express prior written permission;
5.1.8. You do not link from a website that is not owned by you; and
5.1.9. Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.2. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our websites.
5.3. Our websites may contain links to third party websites and in particular, links to third party websites may be contained in user Contributions. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to from this website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
5.4. Extra care should be taken when using links contained in user Contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use the link.
6. Advertisers and Sponsors
6.1. We may from time to time allow companies to advertise goods and services on our websites. While we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser’s goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.
7.1. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
8.1. The info and reports provided in our websites is intended to provide general information for research purposes only and, as such, should not be considered as a substitute for advice covering any specific situation. We do not check and are not responsible for the accuracy, completeness or truth of Contributions to the websites. You understand and acknowledge that all inclusions are the sole responsibility of the person who submitted the information to the website.
8.2. You should exercise no lesser degree of caution in appraising what you see on the website than you do offline. Even though contributors to our websites are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website is entirely at your own risk.
8.3. You may not access the website from countries where its contents are illegal or unlawful. If you do access the website from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.
8.4. We do not warrant that the functions contained in the website/App will be uninterrupted or error free, that defects will be corrected, or that the website/App or the server that makes it available is free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.
8.5.. Where links are provided to products on a third party website,like Adobe Reader and Read Aloud, we cannot ensure that users will be satisfied with any products or services that are licensed from that third-party website and any complaints about the performance or otherwise of the product should be taken up with the manufacturer or retailer direct. Except for products expressly available from us, the inclusion of a company’s product on our website does not represent any endorsement or warranty of that product .
8.6. AfrStory Pty Ltd does not make any representations or warranties as to the security of any data and information stored on the web servers. We will however implement all computer technology means possible in securing this data and information with a dedicated Server that will be backed up on a regular basis. All personal information on the system will NOT be given to any third-party.
9.1. We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
9.2. Subject to clause 9.1, you agree that we will not be liable for:
9.2.1. Any loss, disruption or damage to your data or your computer system; or
9.2.2. Any other loss or damages whatsoever (including, but not limited to, loss of profit or loss of use, direct, indirect or incidental loss) arising out of your use or inability to use our websites (including downloading or streaming from the website), their content, any information on or from the websites or any link to another website and whether such loss or damage arises in contract, (including negligence) or otherwise.
10.1. If any one or more of the provisions of this agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
11. Events Beyond our Control
11.1. We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.
12. Law, Courts and Language
12.1. These Terms, use of our websites and the supply of products and services by us are governed by and to be interpreted in accordance with South African law.
12.2. In the event of any dispute arising in relation to these Terms, use of our websites or in relation to the supply of any products or services by us the South African courts will have jurisdiction over the dispute.
12.3. These Terms and this website are provided in the English language only.
13. Your privacy (Privacy Statement)
14. Our commitment and philosophy
14.1. AfroStory values and respects the right to privacy of all individuals and organizations.
14.2. AfroStory does not collect any personal information about our supporters and web/App visitors, except that which is knowingly and specifically supplied.
14.3. AfroStory is committed to ensuring the privacy of your personal information.
14.4. We comply with the Intellectual Property laws of the Republic of South Africa.
15. What personal information do we collect?
15.1. Personal information
15.1.1. Information such as name, address, telephone number, and e-mail address, you provide, is collected in connection with specific activities in the use of this website and which may include donations, newsletters, feedback, research papers, e-mail bulletins and petitions.
15.2. Non-personal information
15.2.1. AfroStory collects web/App usage data like numbers and frequency of visitors, pages accessed and files downloaded. This helps us determine how much our visitors use parts of the site/App, how many people visit on a regular basis and the usefulness of our pages. This information doesn’t tell us anything about who you are or where you live – it simply allows us to monitor the effectiveness of our website.
16. Why do we collect personal information?
16.1. You do not have to disclose any personal information to us, but we do need certain information in order to provide specific services or information to you. Personal details will be used for the purpose for which it is collected (e.g. processing a login, completing a form, Purchasing a membership) and/or to provide you with afrostory admin correspondence. We may also use this information to keep you up to date about changes to our website/App or our activities.
17. Where is the information held?
17.1. Personal information submitted through the forms on this website (or mailed or faxed to us) is held in our databases at our hosting company. ( domain registration–SA Domain )
18. Your right to access your information
18.1. At any time you can request a copy of the personal information held on the site in your personal profile and what we have on file about you, or update a correction or deletion of information online.
19. Your comments
19.1. We value comments received from visitors to our site. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and AfroStory is not liable to any third party regarding the content of your comments.
20. Information for under 18’s
20.1. If you are under 18, be sure to obtain your parent’s or guardian’s permission before you send any information about yourself (your name, address, e-mail address, etc.) to us or anyone else over the Internet.
We encourage parents to get involved with their children’s usage of the Internet, and to be aware of the activities in which they are participating.
21. Who we are / Information about the website owner
21.1. Access and use of this website/App is provided by AfroStory Pty Ltd, South Africa.
21.4. Registration Numbers
AfroStory (Pty) Ltd Company #: 2020/453444/07
VAT Number: 4650292396
Trademark # 9304430445
21.5. Physical address
Moullie Point , Cape Town.
22. Contact details for any purposes related to these Terms, including permission requests
23.1. We may change these Terms at any time, in which case the amended Terms will be posted on the website/App and will apply from the date we post them. Please check these Terms on each occasion you use the website/App. If you continue to use the website/App you will be bound by the latest Terms.
23.2. The format and content of the website/App changes constantly. You should refresh your browser each time you visit the website/App to ensure that you access the most up to date version.
23.3. This document was created for the web site/App launch the 18th May 2021…