Terms of Use

Terms of Use for Afrikona

Effective Date: [Date]

1. ACCEPTANCE OF TERMS AND MODIFICATIONS

1.1 Binding Agreement. Welcome to Afrikona (“we,” “us,” “our,” or “Afrikona”), a digital news publication and media platform headquartered at Upper Hill, Nairobi, Kenya, and accessible primarily through our website [www.afrikona.com] (the “Site”) and associated mobile applications, APIs, and distribution channels (collectively, the “Services”). These Terms of Use (“Terms”) constitute a legally binding agreement between you (either an individual or a legal entity you represent) and Afrikona regarding your access to, and use of, the Services. By accessing, browsing, registering for an account, downloading content, or otherwise interacting with any part of our Services, you expressly acknowledge that you have read, comprehended, and unconditionally agree to be bound by these Terms in their entirety, including our integrated Privacy Policy and any additional guidelines or policies referenced herein.

1.2 Modifications and Updates. Afrikona reserves the exclusive right, at our sole discretion and at any time, to modify, amend, supplement, or replace these Terms. Such modifications may be necessitated by changes in our business model, legal and regulatory developments, technological advancements, or service enhancements. We will provide notice of material changes by (i) posting the updated Terms on the Site with a clear indication of the new effective date, (ii) sending a notification to the email address associated with your registered account (if applicable), and/or (iii) displaying a prominent notice within the Services for a reasonable period prior to the change taking effect. Your continued use of the Services following the posting of revised Terms or after the effective date of such changes constitutes your explicit acceptance of and agreement to be bound by the modified Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to discontinue all use of the Services and terminate your account, if any.

2. ELIGIBILITY AND USER REPRESENTATIONS

2.1 Age and Capacity Requirements. The Services are offered and available only to users who are at least eighteen (18) years of age or older and who possess the full legal capacity, right, and authority to enter into a binding contract under the laws of Kenya or their jurisdiction of residence. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. The Services are not targeted toward, nor intended for use by, anyone under the age of 18.

2.2 Authority and Accuracy. If you are accessing or using the Services on behalf of a company, organization, government agency, or other legal entity (an “Entity”), you represent and warrant that: (a) you are an authorized representative of that Entity with the legal authority to bind such Entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on the Entity’s behalf. In such a case, “you” and “your” will refer to both you as an individual and the Entity you represent. You further represent and warrant that all registration information you submit is truthful, accurate, current, and complete, and you agree to maintain the accuracy and completeness of such information.

3. USER ACCOUNTS, REGISTRATION, AND SECURITY

3.1 Account Creation. While certain areas of the Services may be accessed without registration, full engagement—including posting comments, participating in forums, saving articles, personalizing news feeds, accessing premium content, and managing newsletter subscriptions—requires the creation of a user account (“Account”).

3.2 User Responsibilities. You agree to:

  • Provide and maintain accurate, current, and complete Account information.
  • Not create an Account using a false identity or information, or on behalf of someone other than yourself.
  • Not have more than one active Account at any given time without our express written permission.
  • Maintain the strict confidentiality and security of your Account credentials (username and password). You are solely and entirely responsible for (i) maintaining the confidentiality of your password, and (ii) any and all activities that occur under your Account, whether authorized by you or not.
  • Immediately notify Afrikona’s support team at [support@afrikona.com] of any unauthorized use of your Account or any other breach of security. Afrikona will not be liable for any loss or damage arising from your failure to comply with this Section.

3.3 Account Suspension and Termination. We reserve the right, in our sole and absolute discretion, without prior notice and at any time, to:

  • Refuse service, suspend, disable, limit, or terminate your Account and your access to the Services, or any part thereof.
  • Remove or modify any user-generated content.
  • Take any other action we deem necessary or appropriate.

Grounds for such action include, but are not limited to: (a) actual or suspected violation of these Terms; (b) conduct that we believe is harmful to other users, Afrikona, our affiliates, or third parties, or exposes any of them to liability; (c) extended periods of Account inactivity; (d) requests by law enforcement or other government agencies; (e) discontinuance or material modification of the Services or any part thereof; (f) unexpected technical or security issues or problems; or (g) engagement in fraudulent or illegal activities.

3.4 Effect of Termination. Upon termination of your Account or access to the Services, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability) shall survive.

4. PERMITTED AND PROHIBITED USES OF THE SERVICES

4.1 License Grant. Subject to your compliance with these Terms, Afrikona grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to:

  • Resell or make commercial use of the Services or any content therein.
  • Collect or use any article listings, descriptions, or prices for a competing purpose.
  • Make any derivative use of the Services or its contents.
  • Download or copy account information for the benefit of another merchant.
  • Use data mining, robots, spiders, or similar data gathering and extraction tools on the Services.

4.2 Prohibited Conduct. You agree not to use the Services to:

  • Violate any applicable national, regional, or international law, statute, ordinance, regulation, or court order.
  • Infringe upon the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of Afrikona or any third party.
  • Harass, abuse, stalk, threaten, defame, or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, pornographic, or unlawful content, including hate speech or content that incites violence.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
  • Interfere with or disrupt the integrity or performance of the Services, the data contained therein, or the networks or servers used to provide the Services.
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
  • Use any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Afrikona servers than a human can reasonably produce in the same period.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content.
  • Solicit personal information from minors under the age of 16.
  • Advertise or offer to sell or buy any goods or services for any business purpose without our express written consent.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership by Afrikona. The Services, including all information, content, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, arrangement, “look and feel,” and all intellectual property rights therein (collectively, the “Afrikona Content”), are the exclusive property of Afrikona, its licensors, or other providers and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Afrikona name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Afrikona or its affiliates or licensors. You must not use such marks without the prior written permission of Afrikona.

5.2 Limited User License. Your access to the Services does not grant you any ownership rights to the Afrikona Content. You may view, listen to, read, and download Afrikona Content for your personal, non-commercial use only, provided you do not remove any proprietary notices. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Afrikona Content is strictly prohibited without our express prior written consent.

5.3 User-Generated Content. By posting, uploading, inputting, providing, submitting, or otherwise making available any comments, reviews, messages, images, videos, or other materials (“User Content”) on or through the Services, you grant Afrikona a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such User Content in any and all media formats and through any and all media channels, in connection with the operation, promotion, and improvement of the Services. This license continues even if you stop using the Services.

5.4 Your Warranties Regarding User Content. You represent and warrant that:

  • You own or control all necessary rights to grant the license above.
  • Your User Content is accurate and not misleading.
  • The posting and use of your User Content does not violate these Terms, applicable laws, or the rights of any third party (including privacy, publicity, or intellectual property rights).
  • Your User Content does not contain viruses, adware, spyware, worms, or other malicious code.
  • You will be solely responsible for your User Content and the consequences of posting it.

5.5 Monitoring and Enforcement. While we are not obligated to monitor User Content, we reserve the right to:

  • Review, screen, edit, refuse to post, or remove any User Content at any time and for any or no reason.
  • Take any action with respect to User Content we deem necessary or appropriate, including if we believe it violates these Terms, infringes any intellectual property right, threatens personal safety, or could create liability for Afrikona.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.

6. SUBSCRIPTIONS, PAYMENTS, AND PREMIUM CONTENT

6.1 Subscription Terms. Afrikona may offer certain premium content, features, or services (“Premium Services”) accessible only through a paid subscription (“Subscription”). Subscription terms, including but not limited to fees, billing cycles, duration, renewal policies, and cancellation procedures, will be presented to you at the point of purchase and form part of these Terms.

6.2 Automatic Renewal. Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew for an identical period. You authorize us to charge the applicable subscription fee to your designated payment method upon each renewal. You can cancel automatic renewal at any time through your Account settings or by contacting customer support.

6.3 Payment Processing. All payments for Subscriptions are processed by secure, third-party payment gateways. You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your Account and payment information, including email address, payment method, and payment card expiration date, to ensure complete and accurate transactions. We do not store your full payment card details on our servers.

6.4 Fees and Taxes. You are responsible for all charges, fees, taxes, and assessments arising from your Subscription purchase. All fees are quoted and charged in the currency specified at checkout. Prices are subject to change without notice, but changes will not affect active Subscriptions for their current period.

6.5 Refunds. Subscription fees are generally non-refundable, except as required by applicable Kenyan consumer protection law (e.g., the Consumer Protection Act) or as expressly stated in our refund policy at the time of purchase. Requests for refunds must be submitted to [support@afrikona.com].

7. THIRD-PARTY LINKS, ADVERTISING, AND CONTENT

7.1 External Links. The Services may contain links to websites, applications, or resources operated by third parties (“Third-Party Services”). These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, data practices, or security of any Third-Party Services. You access and use Third-Party Services entirely at your own risk and subject to the terms and conditions of those services.

7.2 Advertisements. The Services may display advertisements and promotions from third parties. Your interactions with advertisers, including any transactions, are solely between you and the advertiser. Afrikona is not responsible or liable for any loss or damage incurred as a result of any such dealings or the presence of such advertisers on the Services.

8. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY AFRIKONA ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFRIKONA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.

AFRIKONA DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF KENYA, IN NO EVENT SHALL AFRIKONA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

  • LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES;
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • PERSONAL INJURY OR PROPERTY DAMAGE;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
    WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AFRIKONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AFRIKONA AND ITS RELATED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US$100) OR THE AMOUNT YOU PAID TO AFRIKONA, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Afrikona, its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your use of the Services, including but not limited to your User Content;
  • Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; or
  • Your violation of any applicable laws, rules, or regulations.

Afrikona reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Afrikona in asserting any available defenses.

11. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

11.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the substantive laws of the Republic of Kenya, without giving effect to any principles of conflicts of law.

11.2 Amicable Settlement. The parties shall endeavor to settle any dispute arising from these Terms amicably through good-faith negotiations within thirty (30) days of one party notifying the other in writing of the dispute.

11.3 Mediation. If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation under the rules of the Nairobi Centre for International Arbitration (NCIA) or another agreed-upon mediation service provider in Nairobi, Kenya. The language of the mediation shall be English.

11.4 Arbitration. If mediation is unsuccessful, the dispute shall be finally settled by binding arbitration in accordance with the Arbitration Act of Kenya. The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.5 Exception for Injunctive Relief. Notwithstanding the foregoing, Afrikona may seek and obtain injunctive relief (an order to stop a wrongful act) or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or confidential information, or to prevent imminent and irreparable harm, without the necessity of posting a bond.

11.6 Jurisdiction. For any disputes not subject to arbitration, or where injunctive relief is sought, you agree to submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

12. GENERAL PROVISIONS

12.1 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.2 Waiver. No waiver by Afrikona of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Afrikona to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.3 Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Afrikona on the Services, constitute the sole and entire agreement between you and Afrikona regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

12.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Afrikona’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Afrikona may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.5 Force Majeure. Afrikona shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.6 Notices. Notices to you may be made via email or regular mail to the address in our records, or by posting a notice on the Services. Notices to Afrikona should be sent to the address listed in Section 13.

13. CONTACT INFORMATION

For questions about these Terms of Use, technical support, or to report violations, please contact us at:

Afrikona Limited
Upper Hill, Nairobi, Kenya
Email: legal@afrikona.com
Customer Support: support@afrikona.com