AFRIKAN CURIOSITY Terms and Conditions.
Last updated 29 June, 2021
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (you), and Afrikan
Curiosity located in South Africa (we, us), concerning your access to and
use of the Afrikan Curiosity ( https://afrikancuriosity.com/ ) website as well
as any related applications (the Site).
The Site provides the following services: downloadable documents and
organic products. You agree that by accessing the Site and/or Services, you
have read, understood, and agree to be bound by all of these Terms and
If you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue
use immediately. We recommend that you print a copy of these Terms and
Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted on the
Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The
updated version of these Terms and Conditions will be indicated by an
updated "Revised" date and the updated version will be effective as soon as it
is accessible. You are responsible for reviewing these Terms and Conditions
to stay informed of updates. Your continued use of the Site represents that
you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to
our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in South Africa, the United Kingdom
and the United States of America. The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are
under the age of 18, you are not permitted to register for the Site or use the
Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
Our Privacy Notice https://afrikancuriosity.com/ privacy-policy, which sets out
the terms on which we process any personal data we collect from you, or that
you provide to us. By using the Site, you consent to such processing and you
warrant that all data provided by you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for
which we make the site and our services available. The Site may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
Systematically retrieve data or other content from the Site to a compile
database or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users to send unsolicited email or creating user accounts
under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site
Use the Site to advertise or sell goods and services
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any
content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks
and services connected to the Site
Attempt to impersonate another user or person, or use the username of
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm
Use the Site or our content as part of any effort to compete with us or to
create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from
Harass, annoy, intimidate, or threaten any of our employees, agents, or other
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted use and
enjoyment of the Site, or any material that acts as a passive or active
information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using
scripts to send comments or messages, robots, scrapers, offline readers, or
similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give
positive feedback to users
Misrepresent experience, skills, or information about a User
Advertise products or services not intended by us
Falsely imply a relationship with us or another company with whom you do
not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit
will be true, accurate, current, and complete and relate to you and not a third
party; (b) you will maintain the accuracy of such information and promptly
update such information as necessary; (c) you will keep your password
confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms
and Conditions; and (e) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user
information (such as an identification code or user name) and/or password
you must promptly notify us at [email protected]
3.2 If you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or
change a user name you select if we determine that such user name is
4. Our content
4.1 Unless otherwise indicated, the Site and Services including source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (Our Content) are owned or licensed
to us, and are protected by copyright and trademark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of
the Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
4.3 Provided that you are eligible to use the Site, you are granted a limited
licence to access and use the Site and Our Content and to download or print
a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b)
make for any purpose including error correction, any modifications,
adaptations, additions or enhancements to the Site or Our Content, including
the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and
care; and (b) use industry standard virus detection software to try to block the
uploading of content to the Site that contains viruses.
4.6 The content on the Site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from taking, any
action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our
site, we make no representations, warranties or guarantees, whether express
or implied, that Our Content on the Site is accurate, complete or up to date.
5. Site Management
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for
breaches of these Terms and Conditions; (2) take appropriate legal action
against anyone in breach of applicable laws or these Terms and
Conditions; (3) remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way a burden to our systems; and (4)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or
5.3 You are responsible for configuring your information technology, computer
programs and platform to access the Site and you should use your own virus
6. Modifications to and availability of the Site
6.1 We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of the Services without
notice at any time.
6.2 We cannot guarantee the Site and Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions, delays, or
errors. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site or
Services during any downtime or discontinuance of the Site or Services. We
are not obliged to maintain and support the Site or Services or to supply any
corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis.
You agree that your use of the Site and/or Services will be at your sole risk
except as expressly set out in these Terms and Conditions. All warranties,
terms, conditions and undertakings, express or implied (including by statute,
custom or usage, a course of dealing, or common law) in connection with the
Site and Services and your use thereof including, without limitation, the
implied warranties of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by applicable
We make no warranties or representations about the accuracy or
completeness of the Site’s content and are not liable for any (1) errors or
omissions in content; (2) any unauthorized access to or use of our servers
and/or any and all personal information and/or financial information stored on
our server; (3) any interruption or cessation of transmission to or from the site
or services; and/or (4) any bugs, viruses, trojan horses, or the like which may
be transmitted to or through the site by any third party. We will not be
responsible for any delay or failure to comply with our obligations under these
Terms and Conditions if such delay or failure is caused by an event beyond
our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors
and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible
for loss or damage you suffer that is a foreseeable result of our breach of
these Terms and Conditions, but we would not be responsible for any loss or
damage that were not foreseeable at the time you started using the
Notwithstanding anything to the contrary contained in the
Disclaimer/Limitation of Liability section, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be limited
to a total aggregate amount equal to the greater of (a) the sum of £5000 or
(b) the amount paid, if any, by you to us for the Services/Site during the six
(6) month period prior to any cause of action arising.
8. Term and Termination
8.1 These Terms and Conditions shall remain in full force and effect while you
use the Site or Services or are otherwise a user of the Site, as applicable.
You may terminate your use or participation at any time, for any reason, by
following the instructions for terminating user accounts in your account
settings, if available, or by contacting us at [email protected]
8.2 Without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or liability, deny
access to and use of the Site and the Services (including blocking certain IP
addresses), to any person for any reason including without limitation for
breach of any representation, warranty or covenant contained in these Terms
and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in
breach of these Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and the Services or
delete your profile and any content or information that you posted at any time,
without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal,
and injunctive redress.
9.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders
and other records and to electronic delivery of notices, policies and
records of transactions initiated or completed by us or via the Site. You
hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by other than electronic means.
9.2 These Terms and Conditions and any policies or operating rules posted
by us on the Site or in respect to the Services constitute the entire agreement
and understanding between you and us.
9.3 Our failure to exercise or enforce any right or provision of these Terms
and Conditions shall not operate as a waiver of such right or provision.
9.4 We may assign any or all of our rights and obligations to others at any
9.5 We shall not be responsible or liable for any loss, damage, delay or failure
to act caused by any cause beyond our reasonable control.
9.6 If any provision or part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use
of the Site or Services.
9.8 The following are trademarks of Afrikan Curiosity. You are not permitted
to use them without our approval, unless they are part of material our Site
explicitly states you are permitted to use.
Afrikan Curiosity, trademarked in South Africa
9.9 A person who is not a party to these Terms and Conditions shall have no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of these Terms and Conditions.
9.10 In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by email
at [email protected]