TERMS AND CONDITIONS FOR USING AFROSTORY® (Pty) Ltd’s
App, Library and Reading Services.
i. PREAMBLE.
Something very important to note up-front is that you should not use or listen to AfroStory’s book service or App or products while driving, or operating heavy machinery, or performing any dangerous task. It may distract you and you may get injured, and AfroStory will not be held liable for dangerous behaviour.
Thank you for choosing AfroStory®, the African, Ethical company that aims to get a billion books into African homes, where there were none or few before. The App already has 40,000 users at time of writing. Please read these Terms and Conditions (“Terms”) carefully before using any of our services. It is a condition of the services.
These Terms apply to the entire contents of AfroStory® The App, the Afrostory.com, Afrostory.org and other affiliated sites such as AfroStory.co.za; and to any downloaded, uploaded or streamed content and to any correspondence by e-mail between you and The Company.
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User agreement
1.1. If you do not agree to be bound by these Terms, please do not access or use this App or software or affiliated products. 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 AfroStory (Pty) Ltd.
2. Definitions
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2.1. Reference in these Terms to “we”, “our” or “us” or “AfroStory” or “The Company” means AfroStory (Pty) Ltd, registered in South Africa, and “you” or “your” means any person or entity using the website/App and related services.
3. Accessing and Using the website/App
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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, attempts at DDS crashes, attempts to access our databases, and the like. We do not negotiate with threats, end of story).
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
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4.1. The AfroStory websites, software, logo and App images are artistic works protected by copyright and international trademarks (we have 4). To strengthen its protection, AfroStory has also been registered internationally as a trademark. The letters “AFROSTORY” and the tagline “Write Your Own Story” and the logo have also been registered as trademarks. These trademarks are owned by The Company, as are the copyrights to the lists and sub-lists of literature provided by The Company and its software and other services. The idea for AfroStory The App and website is also copyrighted, and has been since late 2020, as noted in the disclaimer.
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, trademarks (e.g. 2020/26195) 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. The Disclaimer applies to all books.
4.6. Provided you use the website/App in accordance with these Terms you are NOT permitted to copy content, print or disseminate Books of AfroStory Library (“Extracts”).
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:
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, unless otherwise stated. The books and materials have been produced by AfroStory and are protected in a variety of ways that the user may not attempt to circumvent.
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. Publicity is up to AfroStory, though we encourage users to spread the message and get in contact freely. We do not endorse your personal opinions.
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. Links
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5.1. You may provide links on your website directing visitors to our websites subject to the following conditions:
5.1.1. That you ask permission first at:
5.1.3. You do not replicate our home page, site contents or design, unless agreed in writing.
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 unless otherwise agreed;
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, sexist, racist, xenophobic, non-factual, 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. 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, though please report any issues if the issue does not resolve itself within 24 hours at:
5.4. Extra care should be taken when using links contained in AfroStory’s Facebook sites (/afrostoryorg/ being the primary Facebook Page), especially those not originating from AfroStory. We try to remove them as soon as possible and ban offenders from our page, but people do post inappropriate materials and that is not something it is easy to control.
6. Advertisers and Sponsors
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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. Waiver
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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. Disclaimers (also see 'About us' and in Books)
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8.1. The info and reports provided in our websites/Apps 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. You understand and acknowledge that all inclusions are the sole responsibility of the person who submitted the information to the website/App and mistakes can be made.
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 if you are contacted by email, for example. Your use of the website/App is entirely at your own risk, though we do our best to ensure your online security and the safety of any of your online personal information, for example through encryption and advanced password protection.
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. For example, some countries may ban some of the books AfroStory distributes/sells. The Company stands against banning books, but is legally obliged to comply with international and local laws as applicable.
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. We promise not to add viruses or bugs or trackers ourselves, but should the security of the site become compromised The Company will not be held liable as stated above.
8.5.. Where (if) links are provided to products on a third party website, like a News Services, 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 of the website in question directly. Except for products expressly available from us, the inclusion of a company’s product on our website does not necessarily 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, though Google holds some of the user data and we cannot make guarantees for them though we consider them a ‘safe’ company.
9. Liability
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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 injury from using AfroStory’s services while driving or performing a dangerous task.
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/apps (including downloading or streaming from the website/app), 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.
9.2.3. Any personal injury using the App, including under dangerous circumstances.
10. Severability
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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
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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 (such as a terrorist attack), civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or hosting services or other cause beyond our reasonable control. This does not affect your statutory rights.
12. Law, Courts and Language
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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/App are provided in the English language only at the moment.
13. Your privacy (Privacy Statement)
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13.1. AfroStory values and respects individuals’ rights to privacy. If our privacy policy changes, we will post these changes prominently and immediately and alert you in the App. Your continued use of this site following the advice of any of changes to this policy will mean you accept those changes.
14. Our commitment and philosophy
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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?
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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. Such information is not routinely collected, and we try to avoid it, and where we store it we store it securely on the cloud, and where we can we delete it after it has served its purpose and never share it.
15.2. Non-personal information
15.2.1. AfroStory collects web/App usage data like numbers and frequency of visitors, pages accessed and number of 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. We never collect identification documents or the like. If anyone asks for anything of this sort, please consider it spam.
16. Why do we collect personal information?
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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?
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17.1. Personal information submitted through the forms on the App/website, which is generally stored with Google Cloud or on our secure user database.
18. Your right to access your information
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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. We are fully compliant with the POPPI Act.
19. Information for under 18’s
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19.1. 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.
20. Who we are / Information about the App/website/service owner
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20.1. Access and use of this website/App is provided by AfroStory Pty Ltd, South Africa.
20.2. Registration Numbers
AfroStory (Pty) Ltd Company #: 2020/453444/07
VAT Number: 4650292396
Trademark # 9304430445
20.3. Physical address
Moullie Point , Cape Town.
20.4 Contact details for any purposes related to these Terms, including permission requests, contact:
22. Changes
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22.1. 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. But we try not to, out of kindness to our customers. We will alert users if the Terms and Conditions of the use of the App service/website changes. If you continue to use the website/App you will be bound by the latest Terms.
22.2. The format and content of the website/App changes fairly often. You may need to refresh your browser each time you visit the website/App to ensure that you access the most up to date version.
22.3. This document was created for AfroStory’s 4th major App launch around 22 November 2022.