Terms of Use

Contact Adclick Africa

Adclick Africa services, including (without limitation) our website and other interactive properties through which the services are delivered are owned, operated and distributed by Adclick Africa (referred to in this notice as “Adclick”, “Adclick Africa”, “we” and through similar words such as “us”, “our”, etc). This Privacy Notice outlines the personal information that Adclick Africa may collect, how we use and safeguard that information, and with whom we may share it. For further information on our privacy policy in-line with POPIA please visit our Privacy Policy page.

Adclick Africa encourages its customers, visitors, users, clients, business associates, and other interested parties to read all our policies. By using our Service or submitting personal information to Adclick Africa by any other means, you acknowledge that you understand and agree to be bound by the Terms of Use and Privacy Policy, and agree that Adclick Africa may collect, process, transfer, use, and disclose your personal information as described in these policies. Furthermore, by accessing any part of our services, you are agreeing to the terms and conditions services.

IF YOU DO NOT AGREE WITH ANY PART OF THIS NOTICE OR OUR TERMS OF USE AND PRIVACY POLICY, YOU MAY OPT TO NOT USE ANY OF OUR SERVICES PROVIDED.

Terms of Use Policy

  1. Adclick Africa and their licensors know and respect that you care how information is used and shared. Adclick Africa appreciates your trust that we will do so carefully and sensibly.
  2. By registering on Adclick Africa websites, you are accepting the conditions and practices described.
  3. Adclick Africa Ltd is the proprietor of a website (and intellectual property thereto) known as “AdclickAfrica.com” in the Republic of South Africa.
  4. Adclick Africa is an online publication that publishes content. Adclick Africa solicits comments and reviews on certain content posted to the Adclick Africa site or affiliated sites. These comments and reviews can then be accessed and read. For the purposes of this Policy, a “user” is defined as someone using the Adclick Africa website.
  5. By using Adclick Africa, you permit the collection and use of your personal information as outlined below in our Terms of Use and Privacy Policy. You should visit this page periodically to review any changes to the policy.
  6. When/if you voluntarily disclose personal information (e.g. name, phone number, e-mail address, etc.) via profile set-up, newsletter subscription, posting of comments and/or reviews, or in other areas of the Adclick Africa website, that information, along with any substantive information disclosed in your communication, may be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. These activities are beyond the control of Adclick Africa. E-mail addresses collected during the posting/submission of comments/reviews (from the relevant fields in the form) will not be published on the website. Please do not post any personal information on the Adclick Africa website or in other areas that you expect to keep private.
  7. As an Adclick Africa user, you can request access to your personal information at any time. Please see our POPI Queries page for more info.
  8. Upon your request, Adclick Africa will remove your personal information from our records; however, it may be impossible to remove your entries as they may have created additional relevant content or legal obligations.
  9. Information Adclick Africa and/or its licensors and/or associates collects:

9.1. User submitted account information such as name and email address to identify you and may send you notifications related to the use of the service;

9.2. User submitted location information such as city, province/state, or area code;

9.3. User submitted reviews, opinions, experiences and ratings of businesses and/or service providers;

9.4. Advertiser submitted advertisements, photos, logos, specials, reviews, opinions and/or incentives to contact their businesses;

  1. Some information collected is not explicitly submitted by the user as Adclick Africa logs your browser-type related information, IP address, requested URL, referring URL, and timestamp.
  2. How Adclick Africa Uses Your Information

11.1. If you so choose, Adclick Africa will use your email address to send you newsletters, alerts and other email, but you may choose not to receive email of this type by accessing the “My Profile” tab of the Adclick Africa website and updating your subscription settings, and by accessing the portfolio tools and changing your alert options there. Should you need assistance in doing this, email admin@adclickafrica.com

11.2. Browser-type related information, IP address, requested URL, referring URL, and timestamp data help Adclick Africa diagnose problems with the Adclick Africa systems, administer Adclick Africa, and otherwise provide the highest possible level of service to you. Adclick Africa may also use this information to perform statistical analysis of user behavior and characteristics in order to measure interest in and use of the various areas of the Adclick Africa website and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on, their advertising banners.

11.3 At all times Adclick Africa strives to collect only data which is strictly necessary. You may request access to all your data at any time, by emailing admin@adclickafrica.com.

  1. Transfer of Information

12.1. Adclick Africa and/or its licensors and/or associates will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoenas, court orders, or other legal processes.

12.2. Adclick Africa and/or its licensors and/or associates may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.

12.3. Adclick Africa and/or its licensors and/or associates reserves the right to transfer your personal information in the event of a transfer of ownership of Adclick Africa or its business. In such an event, Adclick Africa will notify you before information about you is transferred and becomes subject to a different privacy policy.

  1. Links

13.1. The Adclick Africa website may contain links to third party websites to which Adclick Africa has no affiliation. Adclick Africa does not share your personal information with those websites and is not responsible for their privacy practices. Adclick Africa suggests you read the privacy policies on these third party websites.

  1. Use of Cookies

14.1. Like most websites, Adclick Africa requires cookies to function properly. Cookies are small text files that reside on a user’s computer and identify you as a unique user. Adclick Africa uses cookies to refine the Adclick Africa website, store the user’s location-specific information and simplify the user experience. You should be aware that Adclick Africa cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features (e.g. customised delivery of information) available on the Adclick Africa website.

  1. Security

15.1. Your Adclick Africa website subscription service is provided through a third-party email marketing platform. Adclick Africa will never request any personal information from you.

15.2. Adclick Africa tries very hard to protect the Adclick Africa website users’ information.

15.3. Adclick Africa limits the access to your information to those employees who need access to perform their job function such as customer service personnel.

15.4. If you have any questions about the security at the Adclick Africa website, please contact Adclick Africa.

15.5. Although Adclick Africa takes appropriate measures to safeguard against unauthorised disclosures of information, Adclick Africa cannot assure you that personal identifiable information that Adclick Africa collects will never be disclosed in a manner that is inconsistent with this Privacy Policy.

15.6. You hereby acknowledge that is not responsible for any intercepted information sent via the internet, and you hereby release and indemnify Adclick Africa from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.

  1. Terms and Modifications to this Privacy Policy

16.1. By using the Adclick Africa website, you signify your agreement to the terms of the Privacy Policy. If you do not agree with these terms, you should not use the site. Adclick Africa may modify this Privacy Policy at any time. If a material change is made to this Privacy Policy and/or the way Adclick Africa uses users’ personally identifiable information, then Adclick Africa will post a prominent notice of the nature of such change on the first page of this Privacy Policy (accessible from the “Terms of Use” link at the bottom of the site. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the site indicates your assent to any changes to this Privacy Policy.

  1. Currency

17.1. All transactions are processed in South African Rands.

  1. Protection of Personal Information Act

18.1. If you have any POPIA related questions please see our Privacy Policy pages, the privacy practices of the Adclick Africa website, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact admin@adclickafrica.com.

 

The Data We Collect and the Cookies We Use

Adclick Africa collects and sends the following data to data processor partners:

 

Analytics cookies

For tracking audience numbers, what advertising is viewed and what the audience does on the site. Does not track what users do on other sites.

Databowl and other Online identifiers, including cookie identifiers, internet protocol addresses and device identifiers
Google Analytics Online identifiers, including cookie identifiers and device identifiers; client identifiers. Internet protocol addresses are anonymized.
Google Tag Manager Online identifiers, including cookie identifiers and internet protocol addresses
Find more information on Google as a data processor by clicking here

 

Online Subscriptions

We collect information about you during the subscription or form completion process on our site.

While you visit our site, we may track location, IP address and browser type: we’ll use this for future marketing purposes where prohibited;

We’ll also use cookies to keep track of previous content viewed while you’re browsing our site.

When you submit a form on our site, we’ll ask you to provide information including your name, email address and phone number, and optional information like a message or comment. We’ll use this information for purposes, such as, to:

– Send you information about your subscription;
– Respond to your requests, including queries;
– Set up your account for future data or content management system ;
– Comply with any legal obligations we have.

If you subscribe, we will store your name, email address and phone number, which will be used to populate forms and features in future.

Our website administrators have access to the following information to help support you:

– Customer information like your name, email address, and billing and shipping information.

 

Terms and Conditions

1. OWNERSHIP AND WARNING

This web site is owned and operated by Adclick Africa and their associates and/or licensors. 2. The use of the Adclick Africa website (“AdclickAfrica.com”) is offered to you on the condition that you read, understand and accept all of the following terms and conditions (“these Conditions”), including the Adclick Africa website Privacy Policy. 3. By clicking “I Accept” when registering on this website, you will be deemed to have read, understood and accepted these Conditions. Acceptance by you and your use of the Adclick Africa website will bind you to these Conditions. If you do not wish to accept these Conditions, do not click “I Accept”.

2. DEFINITIONS

2.1. In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:

2.1.1. “AdclickAfrica.com” means Adclick Africa and their associate companies incorporated in accordance with the company laws of the Republic of South Africa;

2.1.2. “Conditions” means all of the terms and conditions set out hereunder;

2.1.3. “Content” includes, but is not limited to, information, data, text, sound, photographs, graphics, video, messages and other materials available via the Adclick Africa Service;

2.1.4. “Licensee” means a licensee, partner or agent of Adclick Africa, if any, or the Adclick Africa website;

2.1.5. “Postings” includes, but is not limited to, comments, opinions, reviews, postings, blogs, pictures and other content posted via the Adclick Africa Service;

2.1.6. “Privacy Policy” means the Adclick Africa website Privacy Policy in-line with POPIA;

2.1.7. “Adclick Africa site” or “Adclick Africa website” means the Adclick Africa website located via Adclick Africa’s website and/or such other website as may be determined by Adclick Africa from time to time, including but not limited to any Licensee’s website and includes all linked pages owned and operated by Adclick Africa;

2.1.8. “You” means you, the person who will use, uses, or wishes to apply to use, the Adclick Africa website and “Your” shall have a corresponding meaning.

 

3. PRIVACY POLICY

3.1. Before accessing the Adclick Africa website, you must READ the Privacy Policy.

3.2. You must not access or continue to use the Adclick Africa Website if you do not agree with the Privacy Policy.

3.3. Access to and your use of the Adclick Africa Website constitutes your acceptance of the Privacy Policy.

 

4. CAPACITY

4.1. By accessing and using the Adclick Africa site and or Adclick Africa website, you represent and warrant that you have the right, authority, and capacity to register and be bound by these Conditions.

4.2. The use of the Adclick Africa website or service is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Adclick Africa site and or Adclick Africa service.

 

5. ABOUT THE ADCLICK AFRICA WEBSITE

5.1. Adclick Africa services are available exclusively through the Adclick Africa website.

5.2. The Adclick Africa service will, among other things:

5.2.1. offer you news, opinions, announcements and multimedia;

5.2.2. allow you to contact the company through various online digital channels;

5.2.3. allow you to view commercial content, including but not limited to directory listings of financial advisors.

 

6. ADCLICK AFRICA MAY REVIEW/DELETE POSTINGS

6.1. Adclick Africa and/or its Licensees reserve the right (but not the obligation) to review, delete, edit, reject or remove (at its sole and absolute discretion), any Postings, any Content that violates these Conditions or business listings (including business name, address, phone, fax, distance, reviews, rating).

6.2. Adclick Africa and/or its Licensee is not required to provide reasons for its decision to review, edit, reject and/or delete Postings or business listings.

 

7. POSTINGS

7.1. You acknowledge that you are solely responsible for any Postings that you publish, communicate or display on the Adclick Africa website or social media profiles/channels transmit to other users.

7.2. The opinions expressed in the Postings do not reflect the opinions of Adclick Africa or any of its Licensees and/or associates and Adclick Africa and its Licensees and/or associates do not accept any liability for the content included in the Postings nor are they responsible or liable for its accuracy or reliability.

7.3. You acknowledge and agree that you will evaluate and bear all risks associated with the use and publication of any Postings, including any reliance on the content, integrity, and accuracy of these Postings.

7.4. Adclick Africa, the Licensee or other licensors reserves the right, but have no obligation, to monitor disputes between you and any person or entity which you have reviewed, or that is included in your Postings.

7.5. You grant to Adclick Africa and its Licensees, and you represent and warrant, that you have the right to grant, Adclick Africa and its Licensees, contractors, associates and other users of the Adclick Africa website, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, publicly perform, digitally perform, publicly display, and distribute your Postings and to prepare derivative works of, or incorporate into other works, such Postings in all formats and in any manner, media or format now known or hereafter devised.

 

8. PROHIBITED POSTINGS AND REGISTRATION DETAILS

8.1. When submitting your Postings in any form whatsoever or when providing details for your registration:

8.1.1. You must not remove any copyright, trademark or other proprietary rights notices contained in or on the Adclick Africa website and or Adclick Africa service;

8.1.2. You must not edit, change, modify or create versions of Adclick Africa logos or other trademarks.

8.2. Your Postings must not contain:

8.2.1. Content that includes any profanity, vulgarity, obscenity, hate speech or threat;

8.2.2. Content that is (or could be reasonably expected to be) defamatory, racist, offensive, an invasion of privacy, pornographic, contains sexually explicit material, or otherwise objectionable or unlawful;

8.2.3. Content that incites or perpetuates hatred against or vilifies any person or group on the basis of age, ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability;

8.2.4. personal information about another individual without their permission;

8.2.5. material that may harass another person;

8.2.6. Content that is not an original work in which you own all rights (including copyright);

8.2.7. Content that falsely expresses or implies that the material is sponsored or endorsed by Adclick Africa, Adclick Africa service, the Adclick Africa website, the Licensee, other licensors or associates;

8.2.8. Content which you know or should reasonably have known is misleading, deceptive or false;

8.2.9. Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;

8.2.10. Content that is (or could be reasonably expected to be) advertising or commercial in nature;

8.2.11. Content promoting or encouraging illegal activity;

8.2.12. advice of any kind in relation to tax, law, finance or other such advice of a professional nature; or

8.2.13. Content that is not in English or such other language as may be determined by Adclick Africa from time to time.

8.3. You must not:

8.3.1. affect the way Adclick Africa, Adclick Africa service, the Adclick Africa website, the Licensee’s site, other licensors or associates displays its pages, including, but limited to, placing pop-up windows over its pages or by framing blogs;

8.3.2. use web bugs or tracking technologies like sitemeter or Human Click, Using java, JavaScript, ActiveX or cookies;

8.3.3. use files or publish processes that might interfere with or pose a threat to the operation of the system or to the security of other users;

8.3.4. provide any Content containing Trojan horses, viruses, worms, cancelbots, time bombs or other computer programming routines that might damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;

8.3.5. edit, modify or customize the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites in a way that might affect or adversely affect the display of any advertising or promotional links on these sites and pages;

8.3.6. modify, adapt, translate, or reverse engineer any portion of the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites;

8.3.7. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites and/or pages other than the engine provided;

8.3.8. take any action that imposes, or may impose in Adclick Africa’s sole discretion, an unreasonable or disproportionately large load on Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites and/or IT infrastructure;

8.3.9. use the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene;

8.3.10. use the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites, intentionally or unintentionally, to violate any applicable local, state, national or international law;

8.3.11. collect information to access the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites without their written consent;

8.3.12. copy or store any Postings or Content offered on the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites other than for your own use;

8.3.13. collect any information about other users, including, but not limited to, their username, email address or password;

8.3.14. share your password with another party;

8.3.15. create more than one account;

8.3.16. re-establish an account on Adclick Africa after your registration has been terminated;

8.3.17. submit misleading or false information to Adclick Africa or the Adclick Africa website;

8.3.18. impersonate another person by entering, selecting or using that person’s name, User ID or email address;

8.3.19. recreate user accounts by automated means or under false or fraudulent pretenses;

8.3.20. use email tools (such as “Email this page”) to send spam or use advertisements, paid links, affiliate marketing, or any other form of link spam;

8.3.21. speak on behalf of the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites by describing yourself as a Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites employee or use said business letterhead or logo’s on any material without written consent from the said entities.

 

9. TERM

9.1. These Conditions will remain in full force and effect every time you use the Adclick Africa website, Adclick Africa service, the Licensee site, and other licensors or associates sites.

 

10. OWNERSHIP

10.1. Except for Postings submitted by users, the Adclick Africa website, Adclick Africa service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Adclick Africa, the Licensee or other licensors.

10.2. As the Adclick Africa website, Adclick Africa service and any underlying technology or software used in connection with the Adclick Africa website and Adclick Africa service contains Adclick Africa’s proprietary information, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites in whole or in part without written consent of said businesses unless expressly permitted in Adclick Africa and said business policies and procedures made available via the Adclick Africa service.

10.3. Except as expressly and unambiguously provided herein, Adclick Africa, the Licensee and its suppliers do not grant you any express or implied rights and all rights in the Adclick Africa service are retained by Adclick Africa website, Adclick Africa service, the Licensee site, and other licensors or associates sites.

11. CHANGES TO THE AGREEMENT OR THE ADCLICK AFRICA SERVICE

11.1. These Conditions, the Adclick Africa website and the Adclick Africa service may be modified by Adclick Africa at any time without prior notice, and such modifications will be effective upon Adclick Africa posting of the new Conditions and/or upon implementation of the new changes on the Adclick Africa website.

11.2. You agree to review the Conditions periodically so that you are aware of any modifications.

11.3. Your continued use of the Adclick Africa website and or Adclick Africa service after any modifications indicates your acceptance of the modified Conditions.

11.4. Unless expressly stated by Adclick Africa, any new features, new services, enhancements or modifications to the Adclick Africa website and Adclick Africa service implemented after your initial access to the Service shall be subject to these Conditions.

 

12. SECURITY AND REGISTRATION

12.1. In order to use or access some of the Adclick Africa service you will be required to register with Adclick Africa and to select a password and user name, which shall consist of an email address of own and user ID (“User ID”).

12.2. Your registration details would be kept secure and private and will not be used for any other purpose other than as a user of the Adclick Africa website to use the Adclick Africa website and Adclick Africa service (Refer to the Privacy Policy).

12.3. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password.

12.4. You agree to immediately notify Adclick Africa, Adclick Africa services and/or the Licensee of any unauthorized use of your User ID or password;

12.5. You must ensure that you exit from your account at the end of each session.

12.6. By using the Adclick Africa services and/or Adclick Africa website pursuant to these Conditions, you agree that Adclick Africa may for security reasons and subject to the existing privacy laws, “intercept” and “monitor” (as defined in the Regulation of Interception of Communications and Provision of Communication-Related Information Act No 70 of 2002) any communication that you make or receive through your use of the Adclick Africa services and/or Adclick Africa website. You agree that the consent given in terms of this clause constitutes written consent as contemplated in the Electronic Communications and Transactions Act No 25 of 2002 as amended and any other applicable legislation.

 

13. TERMINATION

13.1. You must provide Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites with accurate, true, complete, and updated registration information and failure to do so will constitute a breach of these Conditions and may result in immediate termination of your registration.

13.2. Adclick Africa may, at its sole discretion, refuse to register or, cancel or terminate your registration and User ID if Adclick Africa considers, at its sole and absolute discretion, that you have breached any of these Conditions.

 

14. COPYRIGHT

14.1. All data included on the Adclick Africa website, Adclick Africa service, the Licensee site, other licensors or associates sites such as text, graphics, logos, button icons, images, data compilations, and software (“data”) is the property of said businesses or its content suppliers and protected by international and/or applicable national copyright laws.

14.2. The compilation of all data on the Adclick Africa website is the exclusive property of Adclick Africa or its affiliates and protected by international and/or applicable national copyright laws.

14.3. All software used on the Adclick Africa website is the property of Adclick Africa, its affiliates, or its software suppliers and protected by international and/or applicable national copyright laws.

14.4. You must not distribute, sell, rent, sublicense or lease any information or data obtained from the Adclick Africa website and/or Adclick Africa service.

 

15. TRADEMARKS

15.1. Adclick Africa graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Adclick Africa and/or Adclick Africa are the authorised users of same.

15.2. Adclick Africa’s trademarks and trade dress may not be used in connection with any product or service that is not Adclick Africa’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Adclick Africa.

15.3. All other trademarks not owned by Adclick Africa, the Licensee or its affiliates that appear on the Adclick Africa website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adclick Africa, the Licensee or its affiliates.

 

16. COPYRIGHT DISPUTE POLICY

16.1. Adclick Africa has adopted the following general policy toward copyright infringement:

(i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Adclick Africa’s advertisers, affiliates, content providers, users; and

(ii) remove and discontinue service to repeat offenders.

16.2. Procedure for Reporting Copyright Infringements. If you believe that Content, material or Postings residing on or is accessible through the Adclick Africa website or Adclick Africa service infringes a copyright, please send a notice of copyright infringement containing the following information to the address listed below. This infringement notice must include:

16.2.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

16.2.2. identification of works or materials being infringed;

16.2.3. identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Adclick Africa is capable of finding and verifying its existence;

16.2.4. contact information about the notifier including address, telephone number and email address;

16.2.5. a statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and

16.2.6. a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

16.3. Once an Infringement Notification is received by Adclick Africa, it is policy:

16.3.1. to remove or disable access to the infringing material;

16.3.2. to notify the provider of the material or user that it has removed or disabled access to the material and that repeat offenders will have the infringing material removed from the system and that Adclick Africa will terminate such provider’s or user’s access to the service;

16.4. If the provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the provider or user must send a counter-notice containing the following information:

16.4.1. a physical or electronic signature of the provider or user;

16.4.2. identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

16.4.3. a statement that the provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4. the provider’s or user’s name, address, telephone number, and, email address and a statement that such person or entity consents to the appropriate jurisdiction of the courts for the district in the Republic of South Africa in which the provider’s or user’s address is located, for any district in which Adclick Africa is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

16.5. If a counter-notice is received by Adclick Africa, Adclick Africa may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Adclick Africa’s discretion. Please contact Adclick Africa to Receive Notification of Claimed Infringement at the following email address: admin@adclickafrica.com. Adclick Africa reserves the right to change the email address from time to time.

 

17. LIABILITY

17.1. You acknowledge and agree that Adclick Africa, Adclick Africa services and the Licensee will not, under any circumstances, be liable for any loss or damage of any kind incurred in relation to the Adclick Africa website, as a result of your use in any way of the Adclick Africa website including any Postings or Content.

17.2. You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Adclick Africa website and/or Adclick Africa service, it is solely between you and the applicable third party. Adclick Africa and the Licensee have no liability, obligation or responsibility for any such activity and/or published comments/Content on the Adclick Africa website. You hereby release and indemnify Adclick Africa and the Licensee from all claims arising from such activity.

17.3. Adclick Africa and the Licensee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Adclick Africa’s or the Licensee’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

17.4. Without limiting the foregoing, Adclick Africa, the Licensee, affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, Adclick Africa’s and the Licensee’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Adclick Africa or the Licensee, as the case may be, for the Adclick Africa service in the 12 months prior to the action giving rise to liability.

 

18. INDEMNITY

18.1. You agree to indemnify and hold Adclick Africa and the Licensee, parent companies, subsidiaries, licensors, affiliates, officers and employees, harmless from any claim or demand, including all expenses and legal costs, made by any third party due to or arising out of (i) your access to and use of the Adclick Africa website, (ii) your use of the Adclick Africa service and the Content provided by you, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

 

19. DISCLAIMER

19.1. The Adclick Africa website is provided by Adclick Africa on an “as is” basis. Adclick Africa and its licensors, Licensees and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Adclick Africa website, Adclick Africa service or the information, Content, Postings, materials, or products included on the Adclick Africa website or in association with the Adclick Africa service.

19.2. To the fullest extent permissible by applicable law, Adclick Africa and its licensors, Licensees and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

19.3. Adclick Africa, its licensors, Licensees and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Adclick Africa website. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Adclick Africa is not responsible for the conduct of any user of the Adclick Africa website.

19.4. Adclick Africa does not warrant or covenant that the Adclick Africa service will be available at any time or from any particular location, or will be secure or error-free, or that defects will be corrected or that the Adclick Africa service is free of viruses or other potentially harmful components. If defects are identified Adclick Africa will endeavor to correct them.

19.5. Any material or Content downloaded or otherwise obtained through the use of the Adclick Africa website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Adclick Africa, the Adclick Africa website or through or from the Adclick Africa service shall create any warranty not expressly stated herein.

 

20. MISCELLANEOUS

20.1. If there is any dispute about or involving the Adclick Africa website and/or the Adclick Africa service, by using the Adclick Africa website, you agree that the dispute will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.

20.2. You agree to personal jurisdiction by and venue in the courts of the Republic of South Africa.

20.3. No agency, partnership, joint venture, or employment is created as a result of these Conditions and you do not have any authority of any kind to bind Adclick Africa or the Licensee in any respect whatsoever.

20.4. Adclick Africa may provide you with notices, including those regarding changes to the Conditions by email, regular mail or postings on the Adclick Africa service.

20.5. These Conditions, accepted upon use of the Adclick Africa website or Adclick Africa service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Adclick Africa regarding the use of the Adclick Africa website and/or the Adclick Africa service.

20.6. The failure of Adclick Africa or the Licensee to exercise or enforce any right or any of these Conditions will not constitute a waiver of such right or Condition.

30.7. If any Condition is found to be unenforceable or invalid, that Condition shall be limited or eliminated to the minimum extent necessary so that the balance of these Conditions shall otherwise remain in full force and effect and enforceable.

20.8. This Agreement is not assignable, transferable or sub licensable by you except with Adclick Africa’s or the Licensee’s prior written consent.

20.9. You acknowledge that electronic signature, encryption and/or authentication is not required for valid electronic communications between you and Adclick Africa.

20.10. The section titles in these Conditions are for convenience only and have no legal or contractual effect.

 

21. SUBSCRIPTIONS

21.1. We reserve the right at any time to modify or discontinue the subscription service (or any part or content thereof) without notice at any time.

21.2. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the membership service.

21.3. All descriptions of services and promotional offerings are subject to change at anytime without notice, at the sole discretion of us.

21.4 Any use by you of our tools and data offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

21.5 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions

21.9 We do not warrant that the information that may be obtained from the use of the subscription service will be accurate or reliable.

 

22. CONTACT AND VIOLATIONS

Please contact Adclick Africa with any questions regarding these Conditions. Please report any violations of the Conditions to admin@adclickafrica.com or such other address as may be provided by Adclick Africa employees.