Terms & Conditions

GENERAL TERMS:

1.1 All data provided is publicly available. For all intents and purposes no private / personal information has been obtained or merged with the existing database at any stage by AfriSeek.com.

1.2 Clients are required to maintain their own unsubscribe list should contacts request for their details to be removed at any stage. For any communications (telephone, fax, email, physical, postal) carried out by the client using the AfriSeek.com database the client agrees they will adhere to all relevant legislation relating to Electronic Communications (as outlined in the Electronic Communications and Transactions Act - Act 25 of 2002) and Protection of Private Information (where and/if applicable).

1.3 Any legislation applicable in any country other than South Africa, must be adhered to and it is up to the user / clients to determine whether any such legislation applies in any of the countries within which data is being supplied or used. Clients accept that should any legal action arise against the client from the use/misuse of the data provided by AfriSeek.com (for whatever reason including breaching the terms and conditions set out here) that no claim for damages / compensation shall be brought, either directly or indirectly, against AfriSeek.com.

1.4 Clients agree to not re-sell or give away the data at any stage either in part or as a whole.

1.5 AfriSeek.com reserves the right to change prices for datasets at any stage and also to exclude certain contact fields for whatever reason

1.6 Due to the digital nature of the products offered by AfriSeek.com, refunds will not be issued for any reason.

1.7 The 70% data guarantee applicable to consumer data excludes records that are engaged, or where the number goes to voicemail.

1.8 Where a client has experienced issues with contactability (either with consumer and/or business data), these issues must be reported to AfriSeek so that appropriate steps can be taken to rectify this. AfriSeek will endevour to replace the data where it is clear after an investigation that the data for whatsoever reason has contactability issues.

1.9 Data is for all intents and purposes accurate at the time of being provided. Although AfriSeek does carry out validation and verification processes on the data AfriSeek does not take any responsibility for errors, ommissions &/or duplicates.

1.10 Although all data held is found in the public domain, AfriSeek does not warrant that any of the records have expressly opted in to receive communications from any of our clients.

1.11 Clients accept that they have read and accepted the terms and conditions for AfriSeek.com upon payment of an invoice from AfriSeek.com OR after having upgraded their accounts to a paid user, at which point they would have had agreed to the terms and conditions prior to making the payment as per the account upgrade process which requires acceptance of terms and conditions prior to payment being affected.

AFRISEEK.COM DATABASES:

2.1 All database information is and remains the property of AfriSeek. Where a client purchases a database list this entitles the client to unlimited use of the data (subject to usage terms specified) for a period of 12 months from the date on which the data is supplied to the client.

2.2 Payment for data supply is required prior to delivery of data unless alternative arrangements are made and agreed in writing. Similarly for clients utilising the AMS, the credits will only be loaded and made available once payment has cleared into the accounts of AfriSeek.

2.3 Any other distributions to the database, other than those specifically paid for, will be deemed not to be in accordance of these terms and conditions, and will require payment as deemed appropriate by AfriSeek, or will lead to appropriate legal action.

2.4 Database usage is undertaken at the risk of the user. No guarantees are offered in terms of the accuracy of the data, and no refunds will be awarded accordingly.

DISCLAIMER:

3.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither AfriSeek.com nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.

3.2 Furthermore, AfriSeek.com makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors to info{[at]}AfriSeek.com.

TERMS OF SUBSCRIPTION AGREEMENT:

4.1 Ads on Fax cc ("AfriSeek.com") shall provide to the User the facility for searching and usage of business contact information. Each user will be limited to a daily human usage search limit to avoid unauthorized extraction of data by automated software / programs. This daily human usage search limit is subject to change without notice as deemed necessary for AfriSeek.com.

4.2 The term "Record" as referred to in this agreement refers to a row of data and all available contact fields within that row.

4.3 The term "Contact Field" refers to contact details including but not limited to: company name, business classification, telephone number, fax number, physical address, postal address, email, cell phone number, website address, province, broad area, town, suburb, designation/job title and contact person.

4.4 The term "agreement" refers to the Subscription service and associated functions thereof and will be governed by ALL terms included in this agreement.

4.5 The term "Subscriber" will include users that utilise the Subscription AND Demo Services, alternatively also referred to as the AfriSeek Marketing System (AMS).

4.6 The term "User" includes both Subscription AND Demo clients.

4.7 The effective date of this Agreement is the date of acceptance hereof by the User - which will typically be linked to the date the account is registered.

4.8 The Subscription Agreement shall endure for a period of 1 calendar month commencing on the effective date and, ending a calendar month thereafter. Users will then have their relevant accounts / cards debited for the next months service.

4.9 To cancel a subscription users will need to provide a notification in writing to AfriSeek via email (info[at]afriseek.com). Cancellation typically takes between 24 and 48 hours after confirmation of receipt of cancellation. No refund with regards to unused credits will be provided.

4.10 It is the responsibility of the subscriber to ensure that they allow adequate time for payments to clear by the effective date of their subscription renewal day. i.e If the effective data is the 3rd of each month clients must consider the various factors that may delay payments from clearing such as holidays, weekends, inter-bank payments and any other possible reasons for payments being delayed. Should payments not be received by the effective date for each month, subscribers accounts will be temporarily suspended until such time as the account is paid again..

4.11 Ads on Fax cc (AfriSeek.com) reserves the right to terminate Users accounts where the terms of use have been contravened, or where clients accounts are dormant for a prolonged period or for whatever other reason as is reasonably anticipated.

4.12 Ads on Fax cc (AfriSeek.com) reserves the right to exclude any contact fields from data without notice as required.

4.13 AfriSeek.com reserves the right to at any time exclude certain contact fields from being made available, either with respect to a specific data request and/or with regards to the overall provision of data within the Subscription Agreement as a whole.

4.14 All prices in the Subscription Agreement are exclusive of Value-Added-Tax ("VAT") and VAT will be excluded in all payments made towards the Subscription Service.

4.15 AfriSeek.com reserves the right to increase its fees at the beginning of each subscription period or as and when necessary. It will give the subscriber 1 months written notice of such increase and the increased fees will come into effect on the expiration of such notice.

4.16 AfriSeek.com shall not be liable for any loss or damage of whatever kind, whether arising in contract, delict or otherwise, including and without being limited to, indirect, special or consequential damages or loss, suffered by the User relating to the activation, implementation or use of the subscription or outright purchase service or any other services provided by AfriSeek.com to the user.

4.17 AfriSeek.com gives no warranties or representations, express of implied, statutory or otherwise, with regard to the subscription and demo service and the data provided.

4.18 AfriSeek.com has no obligation to produce improvements or upgrades to the subscription services however if it does make such upgrades or improvements commercially available, it reserves the right to charge for the use by the subscriber of these improvements or upgrades.

4.19 If the subscriber breaches any of the provisions of the Subscription Agreement, or is placed into liquidation, sequestration or under judicial management, whether provisional or final, or commits an act of insolvency, AfriSeek.com has the right, without prejudice to any other rights that it has in law to:

4.20 The parties choose as their domiciliacitandietexecutandi for all purposes under this Subscription Agreement, the physical address set out on the Contact Us page of the AfriSeek.com website.

4.21 This subscription and outright purchase agreement shall be governed by the laws of the Republic of South Africa.

4.22 This subscription and outright purchase agreement constitutes the whole agreement between the parties and no amendment or consensual cancellation hereof or waiver or relaxation or suspension of any of the provisions hereof shall be binding unless reduced to writing and signed by the parties. Any relaxation or indulgence granted by one party to the other will not prevent the first party from exercising its rights under this subscription and/or outright purchase agreement at a later stage.

4.23 Should any of the provisions of this Subscription Agreement be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions, which will continue to be valid and enforceable.

4.24 In the event that AfriSeek.com institutes legal proceedings against the user to enforce or defend its rights in terms of this Subscription and Outright Purchase Agreement, the user undertakes to pay AfriSeeks legal fees on the attorney and own client scale, including fees of counsel on brief, tracing agents fees and collection charges.

4.25 The User may not cede its rights or assign its obligations under this Agreement without the prior written consent of AfriSeek.com.

4.26 AfriSeek reserves the right to cede its rights and assign its obligations under this Agreement without prior written consent or confirmation or acceptance from the user.

4.27 From time to time AfriSeek will update the database and this will lead to new records being added, while existing records (that a client may have purchased) will be removed from the base due to them being identified as no longer valid. In these instances no credits will be refunded to the clients and the client will not undertake any actions to receive a refund etc. It is the purpose of the AMS to provide up to date information and as such records that are deemed to be invalid/unusable for whatever reason will be removed.

4.28 Users agree to all the Terms and Conditions relating to the usage of data through AfriSeek.com as outlined in the General Terms and Use outlined at the beginning of the document.