Afenlight logo

Terms and Conditions

Last Modified: September 20, 2024

Welcome to Afenlight, an African business directory platform. The website located at www.afenlight.com (the “Website”) and the Afenlight mobile application (the “App”) are collectively referred to as the “Platform.” The Platform is owned and operated by Afenlight SAS (98070491), a company formed and operating in accordance with the laws of France from its head office at 40 rue des Blancs Manteaux, Paris 75004 (hereinafter the “Company,” “Afenlight,” “we,” “us,” or “our”).

 

These Terms of Use and our Privacy Policy are collectively referred to as the “Agreement” or the “Terms.” This Agreement governs your (whether as a Consumer or Business) access to and use of the Platform, including all related resources, features, functionality, support, and other services provided by the Company (collectively the “Service”).

 

IN SOME JURISDICTIONS, SERVICES OFFERED BY THE COMPANY MAY REQUIRE YOU TO AGREE TO ADDITIONAL TERMS AND CONDITIONS THAN THOSE OUTLINED IN THIS AGREEMENT. ALL SUCH APPLICABLE ADDITIONAL TERMS AND CONDITIONS WILL BE DISCLOSED TO YOU BEFORE YOU USE OR ACCESS THE SERVICES IN SUCH JURISDICTIONS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS, THE LATTER WILL TAKE PRECEDENCE WITH RESPECT TO YOUR USE OF THE SERVICE.

 

BY PROCEEDING TO USE THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE AGREEMENT. PLEASE DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.

 

Table of Contents

1. Definitions and Interpretation

2. Eligibility

3. Scope of Service

4. Account Registration, Privacy and Security

5. Subscription Payments, Cancellations and Refunds

6. User Content

7. Intellectual Property

8. Account Termination

9. Prohibited Activities

10. Governing Law and Jurisdiction

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnity

14. Severability

15. Amendments

16. Force Majeure

 

  1. Definitions and Interpretation

    The following words, wherever used in these Terms of Use, shall have the meaning as defined hereunder:

 

“Account”

refers to a Consumer or Business user profile on the Platform, granting the account holder access to features and services specific to their user type, subject to compliance with the Platform's Terms of Use.

 

“Business”

refers to individuals or entities including companies, freelancers, and artisans [JK1] that subscribe to the Platform to showcase their businesses, services or post events on the Platform.  

 

“Business Profile”

refers to the publicly visible page on the Platform for a Business, containing information such as business details, contact information, images, videos, and other relevant content.

 

"Consumer"

 

refers to individuals who access and use the Platform to view/interact with information about Businesses on the Platform.

 

“Event”

refers to any physical or virtual event listed by a Business on the Platform, which may include details such as event date, location, description, and media. Events can only be listed by Subscribers of the paid  Subscription Plan.

 

“Login Credentials”

means the Account access credentials that enable users to sign in and access the Platform features and functionality.

 

“Subscription Fee”

refers to the amount a Business pays the Company for their selected paid subscription plan.

 

“Subscription Plan”

refers to the various service packages offered by the Company to Businesses, including both free and paid plans. Subscription Plans determine the level of access and features available to the Business.

 

“Subscription Term”

means the initial term of a Business’s paid Subscription Plan and any subsequent renewal term (as applicable). Please note that if you are using the free plan, your subscription term will remain active until your Business Account is terminated.

 

‘User’, ‘you’ or ‘your’

refers to any registered account holder on the Platform, Consumers and/or Businesses, as applicable.

 

 

  • The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms of Use shall refer to the gender and number as the context requires. 

     

  • Any words or expressions used in this Agreement not defined in this Section 1 shall have the respective meanings given to them in these Terms of Use. 

     

  • If this Agreement is translated into other languages, the English version shall prevail.

     

    1. Eligibility

        To be eligible to sign up for an Account on the Platform, you must meet the following criteria:

        1. You must be at least eighteen (18) years of age or the minimum age of majority in the jurisdiction where you reside, and you must have the legal capacity to enter into a binding agreement.
        2. If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you meet the criteria outlined in Section 2.1.1 above and that you have the authority to act on behalf of the legal entity, including the authority to bind the entity to this Agreement and all obligations arising from the use of the Platform.
        3. You agree to use the Platform solely in accordance with this Agreement and as permitted by applicable laws and regulations.

     

    Please note that you are strictly prohibited from accessing or using the Platform if you are under eighteen (18) years of age or the minimum age of majority in the jurisdiction where you reside.

     

    Scope of Service

    The Platform is a business directory focused on African Businesses. The Platform’s primary role is to facilitate connections between Consumers and Businesses by centralising and curating relevant information. The Platform itself does not sell products or services directly but rather provides a neutral venue for Businesses to showcase their offerings and for Consumers to access and review this information

    •  

    Although browsing the Platform does not require an Account, an Account is necessary to access and use the following Services:

    1. For Businesses:
  • To create and manage their Business Profile, including listing and managing services, products, and upcoming events.
  • Uploading multimedia content, such as images and videos, to attract potential customers.
  • Accessing data analytics services, which provide insights into user interactions with their Business Profiles, available to Account holders with premium Subscription Plans.
    1. For Consumers:
  • Save favourite businesses.
  • Find and save upcoming events.
  • Leave ratings and reviews for Businesses on the Platform.

    •  

    1. Neutral Venue

    The Platform is a neutral venue that facilitates connections between Users but is not involved in or responsible for any transactions, contracts, or disputes that may arise between Consumers and Businesses.

    The Platform does not:

     

  • Act as an agent, employer, partner, or representative of any Business listed on the Platform;
  • Perform background checks or assess the qualifications, skills, or reliability of any Businesses or their services.

    •  

    UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE COMPANY’S RESPONSIBILITY IS LIMITED TO PROVIDING THE SERVICE IN ACCORDANCE WITH THE PROVISIONS OUTLINED IN THIS AGREEMENT. 

     

    1. Account Registration, Privacy and Security

      While visitors can browse the Platform without signing up, an Account is required to access and utilise all the other user-specific features. Individuals and businesses must register for a Consumer or Business account, depending on their intended use of the Platform. 

     

    During Account Registration, you will be required to provide us with all requested personal information such as your name, email address, date of birth, etc. Although the Platform is free for Consumers, Businesses are required to select one of the Subscription Plans. We currently offer multiple subscription plans to suit different Business requirements. As a Business, you can choose to register under one of our paid Subscription Plans detailed in Section 5 below or opt for the default ‘Free’ plan.

     

    Your Privacy: We process all your personal data in accordance with our Privacy Policy. In the event of any change in your personal data, you accept full responsibility for updating your personal data by accessing your Account or contacting us. Please carefully review our Privacy Policy before signing up for an Account, and do not submit any personal data if you do not agree with our privacy practices.

     

    Account Approval: We issue all Accounts at our sole discretion. We are not legally or morally obligated to provide an Account to any User. 

     

    Security: You are solely responsible for maintaining your Login Credentials' confidentiality to prevent unauthorised access to your Account. You assume full responsibility for all usage and activities under your Account. You agree to immediately report any unauthorised access to your account or other suspicious activity to [info@afenlight.com]. You hereby release the Company from all liability arising from or associated with your failure to maintain the confidentiality of your Login Credentials. You agree that your decision to use the Services offered by the Company is entirely at your own risk.

     

    Ancillary Usage Costs: The use of the Platform requires access to the Internet, and we will not be responsible for any data connectivity charges incurred by you during your use of the Service. All such charges are solely your responsibility.>

     

    1. Subscription Payments, Cancellations and Refunds

      Subscription Plans

    The Company currently offers multiple subscription plans to suit your unique Business requirements:

     

  • Free Plan

    • Our free Subscription Plan ("Free Plan") allows you to access a limited set of Business Account features and functionalities at no cost. You understand that to access additional features and functionalities, you must upgrade to one of our paid Subscription Plans.

     

  • Paid Plans

    • We offer multiple paid Subscription Plans. We advise you to carefully review the features of your selected Subscription Plan to ensure it meets your Business needs. If you wish to access features included in a higher-tier plan, you will need to upgrade to the appropriate paid Subscription Plan.

     

  • Subscription Fee Payments and Auto-Renewals

    Subscription Fees for all paid Subscription Plans are listed on the Platform and do not include applicable taxes. The total amount payable by you for your selected Subscription Plan, including applicable taxes for your jurisdiction, will be displayed to you before you authorise the payment. 

    •  

    You acknowledge and agree that your selected Subscription Plan (plus any applicable taxes) will be billed upon your initial subscription, and your subscription will automatically renew for successive terms of equal duration unless you cancel or downgrade your Subscription Plan before the end of the current billing cycle (‘automatic renewal’). By selecting a paid Subscription Plan, you authorise recurring payments for these automatic renewals. To avoid being charged for the subsequent Subscription Term, you must cancel or downgrade your Subscription Plan before the current billing period ends in accordance with Section 5.3 below. 

     

    By providing your payment method to the Company, you represent that the payment information provided by you is correct, current, and complete and that you have the right to use the payment method provided by you. You are expressly prohibited from paying or attempting to pay through any unlawful means. 

     

    You hereby authorise the Company and/or our third-party payment processor to charge your payment method in accordance with the provisions of this Agreement.

     

  • Cancellations and Refund Policy

    • You must cancel your paid Subscription Plan at least 24 hours before it is due for automatic renewal (“Cancellation Period”) by accessing your Account settings to avoid being billed for the new Subscription Term. If you fail to cancel your subscription within the Cancelation Period, your subscription will automatically renew, and you will be billed for the new Subscription Term. Please note that all cancellations will be effective from the end of your current Subscription Term.

     

    Unless required by law, we do not offer full or partial refunds for any unused portion of the Subscription Term. You understand and accept that any lack of Consumer interaction with your Business Profile on the Platform will not be deemed a valid ground for a refund. If you are eligible for a refund, we will process your refund within ten days from the date of refund approval. You understand and accept that it may take up to 10 working days from the date we processed your refund for the payment to appear in your payment account.

     

  • Changes in Subscription Fees

    • We reserve the right to change our Subscription Fees at our sole discretion. In the event of any changes in our Subscription Fee, we will notify you by email informing you of our new pricing. Any changes in our Subscription Fees will not impact your current Subscription Term, and new Subscription Fees will only become effective from the date of your subscription renewal. We will give you at least 30 days’ notice before the due date of your subscription renewal, informing you of the new Subscription Fees for renewal of your current Subscription Plan. If you do not agree with any changes to our Subscription Fees, your sole remedy is to either downgrade your plan or cease using our Platform. By continuing to use the Platform after the end of your current Subscription Term, you agree to pay the new Subscription Fee for the continued use of the Platform.

     

  • Free Trials and Promotional Offers

    • The Company may, at its discretion, offer paid Subscription Plans on a free trial basis. Free trials are available once per Business Account for a limited period. To continue using a paid Subscription Plan after your trial ends, you must pay the applicable Subscription Fee listed on the Platform. If you provided payment details when signing up for the free trial, your payment method will be automatically charged at the end of the trial for the corresponding Subscription Plan, which will then automatically renew unless cancelled. To avoid being billed, you must cancel the subscription before the free trial period ends.

     

    You understand and accept that your use of the Platform during a free trial is subject to the provisions of this Agreement, and by joining a free trial, you agree to abide by all applicable provisions of this Agreement. 

     

    The Company may also offer special promotions with a different subscription fee than our standard offer. If you subscribe to such promotions during the term of your free trial period, your free trial will immediately terminate upon your acceptance of the promotional offer, and you will be billed for the promotional offer in accordance with the provisions of Section 5.2 above. Please note that if you are currently making use of the Platform under a special promotion, you will not qualify for another promotional offer until your current promotional offer term has elapsed. For the avoidance of any doubt, you will not be eligible to benefit from the same promotional offer more than once.

     

    1. User Content

      Ownership

    The Platform allows Users to publish text, images, graphics, audio, and video content, when they publish Business Profiles, products, services, events, ratings, and reviews (collectively, “User Content”). By submitting User Content to the Platform, you represent and warrant that: (1) you own or have the necessary rights, licenses, consents, and permissions to post, distribute, and license such content; (2) your User Content does not infringe or violate any third party’s intellectual property, proprietary, privacy, or publicity rights; and (3) your User Content does not contain defamatory, misleading, fraudulent content or violate any applicable laws or this Agreement. You are solely responsible for the accuracy, legality, and quality of your User Content. The Company is not obligated to monitor, edit, or review any User Content on the Platform but reserves the right to remove or modify any content that violates this Agreement or is deemed inappropriate at its sole discretion.

     

  • Exclusions

    • The Platform may initially display Business Profiles generated using publicly available information from websites, directories, and social media platforms. These profiles are intended to assist with the onboarding of new Businesses. Until a Business Profile is claimed by a Business on the Platform, it is considered Third-Party Content and does not constitute User Content. Neither the Company and nor any Users are responsible for the accuracy, suitability or legality of such Third-Party Content on the Platform.

     

    Responsibility
  • Business’ Responsibility: 

    • Businesses are responsible for ensuring the accuracy of all information on their Business Profiles, including contact details, descriptions, products, services, events, pricing, images, and multimedia content.

     

  • Consumer’s Responsibility:

    • Consumers are responsible for the accuracy and truthfulness of any ratings and reviews they submit.

     

  • License Grant to the Company

    • By submitting or posting your User Content to the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, modify, distribute, publicly display, and create derivative works from your User Content in connection with the operation and promotion of the Platform and related services. This license permits the Company to:

     

  • Display your User Content on the Platform;
  • Use your User Content in marketing and promotional activities;
  • Modify or adapt your User Content for operational, legal, or technical reasons, such as formatting, reorganisation, or translation.

    •  

    This license will remain effective even after your Account is terminated or you cease using the Platform. 

     

  • Moderation

    • The Company is not legally obligated to screen, monitor, or moderate User Content on the Platform. However, the Company reserves the right to do so at its sole discretion. 

     

  • Disclaimer for User Content
  • The Company does not endorse, verify, or guarantee the accuracy, legality, or completeness of any User Content. All User Content is the sole responsibility of the User who submitted it.
  • The Company disclaims all liability for any loss, damage, or harm arising from or related to reliance on User Content. This includes, but is not limited to, interactions with Businesses, reliance on their services or products, and harm from fraudulent or malicious content.
  • The Company will make reasonable efforts to monitor and moderate User Content but assumes no liability for inaccuracies, omissions, or misleading information. The Company does not guarantee specific outcomes from the use of its Platform, and Users must exercise their own judgment when engaging with Businesses or Consumers.

    •  

    1. Intellectual Property

  • Excluding your User Content, the Company retains all rights, title and interests in the Platform, including but not limited to all text, graphics, audio-visual content, algorithms, processes, tools, software code, and the like provided by the Company through the Platform (hereinafter “Company Content”).
  • All Company Content is subject to trademark, copyright, and other applicable intellectual property laws of the French Republic and international conventions.
  • Subject to your ongoing compliance with this Agreement and any feature restrictions applicable to your selected subscription plan, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Company Content for the purposes outlined in this Agreement. Nothing in this Agreement shall be construed as a sale of any Company Content to you. You will not acquire any right, title, or interest in or to the Company Content, and the Company reserves all rights that are not expressly granted herein.
  • You shall not copy, modify, reverse engineer, create derivative work of, disassemble, or decompile any Company Content. You agree that you will not remove or otherwise tamper with any proprietary rights notices affixed on any Company Content.
  • You acknowledge and agree that any use or exploitation of the Company Content in violation of this provision may cause us or our licensors irreparable injury. The Company and its licensors may seek remedy for breach of this provision either in equity or through injunctive or other equitable relief.
  • “Afenlight,” its logos and its marks are the Company’s trademarks, whether registered or unregistered. Any use of the Company's trademarks for any product/service that is not owned or operated by the Company is expressly prohibited.
  • We welcome our users' feedback on how we can improve our Platform offering. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or hereinafter developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as non-confidential. 

    •  

    1. Account Termination

  • Termination by the Company

    • We reserve the right to terminate your Account or restrict/suspend your access to our Platform at any time and for any reason, including: 

     

  • If you breach any provisions of this Agreement,
  • If you violate any applicable law,
  • If our risk algorithm identifies your Account as high risk,
  • If we are instructed to do so by court order or government agency,
  • If we cease our business operations, 

    •  

    You acknowledge and agree that we will not be liable for any loss, damage, or costs incurred by you or another person from any termination or suspension of your account without notice. Where we terminate your Account as a result of a breach of this Agreement or for compliance with legal order/requirement, you are strictly forbidden from: (1) registering a new Account, (2) accessing the Platform using another user’s Login Credentials, and (3) accessing the Platform through any other unauthorised mechanism.

     

  • Termination by the User

    • You may terminate your account at any time by accessing your Account settings or by contacting us. 

     

  • Consequences of Account Termination

    • Once your Account has been terminated, you will lose all access to your Account on the Platform. Please note that if you request the termination of your Account, all your User Content will be purged, and you will not be able to retrieve it after your Account is terminated. It is solely your responsibility to ensure that you back up any and all data that you wish to access at a later stage before deleting your account.

     

  • Survival

    • All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive. 

     

    1. Prohibited Activities

    The license grant and authorisation to use the Platform is subject to the following conditions:

     

  • You will not post, or in any other way distribute any content that may be deemed defamatory, libelous, threatening, or harassing;
  • You will not post any misleading User Content;
  • You will not post or share any User Content that may promote or glorify violence against any individual or group;
  • You will not violate the intellectual property rights, privacy rights, or any other rights of the Company or another User on the Platform;
  • You will not copy, modify, adapt, translate, or reverse engineer any portion of the Platform;
  • You will not scan, test, or probe the vulnerability of the Platform;
  • You will not breach or circumvent any security measures used by the Company to protect the Platform;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not use any alternative means to access the Platform other than the interface provided by the Company;
  • You will not submit any content or material on any third-party sites that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • You will not harass or threaten any Company employees, agents or affiliates, or any other User;
  • You will not use the Platform for any illegal activity, including but not limited to:
  • Transmitting any illegal content;
  • Transmitting content that contains any terrorist activity, terror propaganda, or other content that may be deemed harmful to others by law; 

    •  

    If we discover that you have violated any of the above, we reserve the right to immediately suspend your Account and take any appropriate legal action to ensure the safety of our Users.

     

    1. Governing Law and Jurisdiction

    This Agreement shall be governed by and construed in accordance with the laws of the French Republic. The parties irrevocably agree that the courts of Paris, France, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). Each party irrevocably waives any right it may have to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum, or to claim that those courts do not have jurisdiction.

     

    1. Disclaimer of Warranties

    THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, AND AFFILIATES (COLLECTIVELY “COMPANY AND ITS OFFICERS”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE PLATFORM, ANY USER CONTENT, OR INTERACTION BETWEEN USERS, INCLUDING ANY REPRESENTATION OR WARRANTIES THAT THE PLATFORM: 

     

    (A) WILL MEET YOUR REQUIREMENTS; 

    (B) WILL BE UNINTERRUPTED, ERROR-FREE, AND SECURE; 

    (C) WILL BE ACCURATE, RELIABLE, COMPLETE, OR SAFE; OR 

    (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED. 

     

    THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER RESULTING FROM THE USE OF THE PLATFORM, ANY USER CONTENT AVAILABLE THROUGH THE PLATFORM, OR ANY USER’S CONDUCT, WHETHER ONLINE OR OFFLINE.

     

    ALL USER CONTENT ON THE PLATFORM IS THE RESPONSIBILITY OF THE USER FROM WHOM SUCH CONTENT ORIGINATED AND NOT THE RESPONSIBILITY OF THE COMPANY. YOUR DECISION TO USE THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

     

    1. Limitation of Liability

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, RELIANCE UPON ANY USER CONTENT, DELETION OF OR UNAUTHORISED ACCESS TO YOUR USER CONTENT, ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR, ANY INTERRUPTION ON THE PLATFORM. FURTHERMORE, THE COMPANY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING FROM OR ASSOCIATED WITH THE USE OF THE PLATFORM, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

       

      IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY, IN CONNECTION WITH THIS AGREEMENT, EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRECEDING THE DATE WHEN THE CLAIM/ACTION FIRST AROSE.

       

      SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

       

      1. Indemnity

      You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

       

      1. Your breach of this Agreement; 
      2. Your User Content;
      3. Your interactions with other Users;
      4. Your violation of applicable law;

       

      The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

       

      1. Severability

      If any provisions in this Agreement or part of a provision is found to be unlawful, void, or for any reason deemed to be unenforceable, then that provision or part of the provision will be deemed not to be part of this Agreement to the minimum extent necessary and such severance shall not affect the validity and enforceability of the remaining Agreement.

       

      1. Amendments

      We reserve the right to update these Terms of Use at any time. Where we make any changes to these Terms of Use, we will update the last modified date on the top of the page where these Terms of Use appear. Please note that if we make any amendments that materially impact your rights or obligations under these Terms of Use, we will notify you of such changes by email prior to the effective date of such amendments. Unless expressly specified otherwise, all amendments shall be effective from the date we publish the updated version on the Platform. You are advised to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the Platform after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments to these Terms of Use, your sole remedy is to cease using the Platform.

       

      1. Force Majeure

      The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labour dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

       [JK1]Schools and non-profit organisations can also sign up. Does this part include them ?

       

      1. Introduction

      These Terms and Conditions ("Terms") govern your access to and use of the Africa Light website, mobile application, and any other services offered by Africa Light ("Africa Light", "Services", "Platform"). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully.

       

      2. Eligibility

      You must be at least 18 years old to use the Services. If you are under 18, you may not use the Services without the permission of your parent or guardian.

       

      3. Account Registration

      To access certain features of the Services, you may be required to register for an account. You must provide accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account and for any activities that occur under your account.

       

      4. Use of Services

      You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to engage in any unlawful activities, including but not limited to, fraud, spamming, harassment, or the promotion of illegal activities.

       

      5. User Content

      You may create, upload, or otherwise make available through the Services content, including but not limited to, text, images, videos, and other materials ("User Content"). You retain all rights to your User Content, but by submitting User Content to the Services, you grant Africa Light a worldwide, non-exclusive, royalty-free, and perpetual license to use, copy, modify, distribute, and display your User Content in connection with the Services.

       

      6. Privacy

      Please review our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and share your information.

       

      7. Termination

      Africa Light may terminate your access to and use of the Services at any time, with or without cause, and without notice. You may also terminate your account at any time by contacting support.

       

      8. Disclaimer of Warranties

      THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Africa Light DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

       

      9. Limitation of Liability

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Africa Light BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF Africa Light HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

       

      10. Governing Law

      These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

       

      11. Entire Agreement

      These Terms constitute the entire agreement between you and Africa Light with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, between you and Africa Light with respect to the Services.