By accessing the website at https://capitalnewsafrica.com/ (“the Site”) or by otherwise accessing any content found on the Site, its newsletters or by using any digital application of Africa Partners GmbH, you are entering into an agreement with Africa Partners GmbH and agree to the terms that follow (the “Terms”). The Site is owned and operated by Africa Partners GmbH.
Please review our Privacy Policy, to learn more about how we use any information you provide about yourself.
Neither any document published by Africa Partners GmbH nor any copy of them may be transmitted or distributed in the United States of America, or be distributed, directly or indirectly, in the United States of America. Any breach of this restriction may constitute a violation of stock market regulations in the United States of America.
Neither any document published by Africa Partners GmbH nor any copy of them may be transmitted or distributed in Canada, Australia, or Japan. The distribution of this document in other jurisdictions may constitute a violation of the legal and regulatory provisions in force. Persons coming into possession of this document must inform themselves and comply with these laws and regulations. By agreeing to receive documents from Africa Partners GmbH, you agree to be bound by the restrictions referred to above.
Disputes
All disputes between Africa Partners GmbH and its users, including subscribers, will be subject to individual mandatory and binding arbitration, which means that disputes will not be heard in court.
According to current law, we are obliged to inform consumers of the existence of the European online dispute resolution platform. This can be used to settle disputes without having to involve a court. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found here: https://ec.europa.eu/odr. Our email is: contact@capitalnewsafrica.com
Intellectual Property
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials), is copyright of Africa Partners GmbH. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “Africa Partners” name and logo, “Capital News Africa” name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Africa Partners. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Content
All content is strictly for personal, non-commercial use only.
You may retrieve and display our Content on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Economist Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Africa Partners GmbH:
reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Africa Partners Content; or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of our Content (including as part of any library, archive or similar service) without the prior written consent of Africa Partners GmbH; or
remove the copyright or trade mark notice from any copies of our Content made under these Terms.
Any use of our Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Africa Partners GmbH via e-mail contact@capitalnewsafrica.com and may be subject to a fee.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to registered users or subscribers. By registering on the Site and not also becoming a subscriber, you will become a customer of Africa Partners as a “Registered User”. Being a Registered User shall entitle you to certain benefits. Africa Partners reserves the right to amend or vary the Content available to Registered Users from time to time. In addition, and if you allow us to when registering your details as a Registered User, we will contact you from time to time in accordance with your preferences and our Privacy Policy
You are solely responsible for the confidentiality and use of and access to our Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Africa Partners if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Africa Partners’ Content. You will provide us with accurate, complete registration information and inform us of any changes to such information. For the purpose of confirming your compliance with these Terms, The Economist reserves the right to monitor and record activity on the Site and Digital Applications, including access to our Content.
Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. Africa Partners does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
Liability and Indemnity
All Content and services are provided 'as is'. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, Africa Partners GmbH makes no warranty, express or implied concerning our Content, any Digital Application, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". Africa Partners expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Africa Partners, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Africa Partners GmbH has been advised of the possibility that such damages may arise. Africa Partners GmbH does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Africa Partners GmbH or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Africa Partners GmbH exceed the amount, if any, paid by you to Africa Partners GmbH for the particular Service to which the claim relates.
Upon Africa Partners’ request, you agree to defend, indemnify and hold harmless Africa Partners GmbH, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Force Majeure
Africa Partners GmbH will not be held responsible for circumstances beyond its control.
Africa Partners GmbH, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of our Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Miscellaneous
Changes to these Terms: Africa Partners GmbH may, in its discretion, change these Terms. Whenever the Terms are changed, Africa Partners GmbH will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Africa Partners GmbH has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain Content may be subject to additional terms and conditions. Africa Partners GmbH may also modify, limit or terminate any Subscription offer at any time without prior notice.
Advertising, Third Party Content and other Web Sites: Parts of the Site and/or Digital Applications may contain advertising or other third-party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Africa Partners GmbH is not responsible for any third-party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Africa Partners GmbH is not responsible for the availability of these websites or their content.
Assignment of Agreement: This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Africa Partners GmbH.
Non-Waiver: No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices: Notices to Africa Partners GmbH must be given in writing, by letter, and sent to Africa Partners GmbH, Auf der Kuhr 36, 60435 Frankfurt am Main, Germany.
Severability/Survival/Statute of Limitations: If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the United States, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Frankfurt am Main, Germany, within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
Africa Partners GmbH may terminate or suspend your access to its Content at any time.
Africa Partners GmbH may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Content produced by Africa Partners GmbH) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Africa Partners GmbH under these Terms or by law.
Governing Law and Jurisdiction – Users and Subscribers outside of the United States
The provisions in this Section regarding Governing Law and Jurisdiction apply only to users or subscribers outside of the United States. These Terms shall be governed by, and construed in accordance with, German law. The parties irrevocably agree that the courts of Germany shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the German courts. Unless otherwise provided by law, the place of jurisdiction is Frankfurt am Main, Germany.
Changes to our Terms and Conditions
We review our internal guidelines at regular intervals. This includes our Terms and Conditions. Changes may be necessary due to changes in the legal provisions, but due to changes in best practice or in our offer.
Last update: 24 May 2021
About Africa Partners GmbH
Africa Partners GmbH is a limited liability company under German law, registered in Germany, District Court of Frankfurt am Main, HRB 93798.
Registered office: Auf der Kuhr 36, 60435 Frankfurt am Main, Germany
Tax registration number: 045 228 09347, tax office Frankfurt am Main III
Contact: contact@capitalnewsafrica.com