Terms and conditions
3. Description of Afrisauti
“Premium Afrisauti Service”, being a service that (i) provides access to unlimited, on-demand and/or pre-programmed full-length audio and video recordings, including but not restricted to Authorised Recordings; (ii) is owned, controlled , managed and operated by Company; (iii) is marketed and branded exclusively using the Authorised Branding; and (iv) is made available in daily, weekly and monthly offering provided that the customer pays in full and in advance in respect of each offering.
4. Your Afrisauti Account
- a) You are obliged to register to use Afrisauti. Access to the Afrisauti App and certain Afrisauti Services will only be available to registered users.
- b) When you register to use Afrisauti you will provide us with your Facebook ID and your fullnames and will choose a mobile phone number. You must ensure that the phone number that you provide is, and remains, valid. Your email address, phone number and any other information you chose to provide about yourself will be treated as private information.
- c) You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
- d) If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Afrisauti in writing, and you should change your password immediately.
5. Your Use of Afrisauti
You must not copy, rip or capture, or attempt to copy, rip or capture, any content from Afrisauti or any part of Afrisauti, other than by means of download or store for offline listening in circumstances where Afrisauti has elected to permit downloads or offline listening of the relevant item of content.
You must not use any content in any way that is designed to create a separate content service or that replicates any part of the Afrisauti Service.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the content and activity on Afrisauti, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add or remove users, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of Afrisauti.
Afrisauti respects intellectual property rights and expects you to do the same. This means that the following is not permitted:
using the Afrisauti service to import or copy any local files you do not have the legal right to import or copy in this way;
reverse-engineering, decompiling, disassembling, modification or creating derivative works based on Afrisauti Services or any part thereof;
circumventing any technology used by Afrisauti, its licensors, or any third party to protect content accessible through Afrisauti Services;
renting or leasing of any part of Afrisauti Services;
circumventing of any territorial restrictions applied by Afrisauti;
artificially increasing play count or otherwise manipulating the streaming services by using a script or other automated process;
removing or altering any copyright, trademark or other intellectual property notices contained on or provided through Afrisauti;
providing your password to any other person or using any other person’s user name and password.
You must not, and must not permit any third party to, copy or adapt the object code of the Afrisauti website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of Afrisauti, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to content.
You must not engage in any activity on Afrisauti or upload User Content, including registering and/or using a username, which is or includes;
- a) any Content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Afrisauti’s reasonable discretion;
- b) any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- c) any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Afrisauti’s reasonable opinion;
- d) any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt Afrisauti Services or servers or networks forming part of, or connected to, Afrisauti, or which does or might restrict or inhibit any other user's use and enjoyment of Afrisauti Services;
- e) any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;
- f) any content that is intended or does harass or bully other users;
- g) any information that impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- h) automated means to artificially promote content;
- i) any material that involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Afrisauti inbox;
- j) any content that involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;
- k) any content that promotes commercial products or services;
You agree that Afrisauti may reclaim your username and report you to the authorities for any of the above breaches.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to Afrisauti, or any content on Afrisauti.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Afrisauti employee.
You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
You must not sell or transfer, or offer to sell or transfer, any Afrisauti account to any third party without the prior written approval of Afrisauti.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You must not interfere with the Afrisauti Service, tamper with or attempt to probe, scan, or test for vulnerabilities in the streaming service or Afrisauti’s computer systems or network, or breach any of Afrisauti’s security or authentication measures.
- d) The Afrisauti Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Afrisauti or across the internet. Please use Afrisauti carefully and manage your account settings regularly. Afrisauti has no responsibility for your choices to make any actions or material public on the streaming service.
- e) Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on Afrisauti. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
6. Your Content / Data Privacy
- a) Any content, data or information that you upload, store, transmit, submit, exchange or make available to or via Afrisauti is generated, owned and controlled solely by you, and not by Afrisauti.
- c) You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Afrisauti. This license lasts until you terminate your Afrisauti account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Afrisauti Service, except that you agree to waive your right to be identified as the author of any User Content on the Afrisauti Service and your right to object to derogatory treatment of such User Content.
- e) Afrisauti does not claim any ownership rights in User Content, and you hereby expressly acknowledge and agree that your content remains your sole responsibility.
- f) Afrisauti is not responsible for User Content nor does it endorse any opinion contained in User Content.
- g) We may, from time to time, invite or provide you with means to provide feedback regarding Afrisauti, and in such circumstances, any feedback you provide will be deemed non-confidential and Afrisauti shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
- h) Afrisauti will, from time to time, automatically collect information that can be used to identify media in your Afrisauti library such as your play history and playlists. This includes media purchased or acquired through Afrisauti and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or account. Afrisauti will use this information and the contents of your Afrisauti library, as well as other information, to give personalized recommendations to you.
- Afrisauti may use this information and combine it with aggregated information from the Afrisauti libraries of other users, your Afrisauti purchase history data, aggregated purchase history data from other Afrisauti users, and other information obtained from third parties, to:
Create personalized playlists for you from your Afrisauti library.
Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.
Provide recommendations regarding products and services to other users.
- a) Afrisauti account holders may access the streaming service by any of our several Subscriptions:
Free Service: a 10 audio preview, free-of-charge service;
Trial Service: a 2 day streaming, free-of-charge service;
Unlimited Service: a subscription fee-based service;
Mobile Service: via a supported mobile handset.
You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
- b) Codes and other Limited Offers
- c) Trials
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a Trial). Afrisauti reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Afrisauti account’s settings before the end of the Trial.
- a) You agree that you will pay for all products you purchase through Afrisauti, and that Afrisauti may charge your payment method for any products purchased and for any additional amounts (including any taxes , late fees, third party money transfer fees, as applicable) that may be accrued by or in connection with your Account.
- b) You are responsible for the timely payment of all fees and for providing Afrisauti with a valid payment method for payment of all fees.
- c) Your total price will include the price of the content plus any applicable fees and taxes; such tax is based on the bill-to address and the tax rate in effect at the time you use the service and or download the content.
- d) All sales and rentals of content are final.
- e) Prices for products offered via Afrisauti may change at any time, and Afrisauti does not provide price protection or refunds in the event of a price reduction or promotional offering.
- f) If content becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Afrisauti
- g) If you have a Paid Subscription, your payment to Afrisauti will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
- h) Afrisauti may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Afrisauti Service after the price change takes effect, you accept the new price
By pre-ordering products, you are authorizing Afrisauti to automatically charge your account and download the products when they become available. You may cancel your pre-order prior to the time the products become available.
10. Family Sharing
- a) Family Sharing, where available, allows you to share eligible Afrisauti products with up to six members (including yourself) of a “Family.” If you set up or join a Family, you may view the eligible products of other Family members and download such products to your compatible device or computer.
- b) Family Sharing is for personal, non-commercial use only.
- c) If you join a Family, the features of Family Sharing are enabled on your compatible devices and computers automatically.
- d) The “Lead” of a Family can invite other members to participate in the Family. The Lead must be 18 years or older and must have an eligible payment method registered with Afrisauti.
- e) The Lead must be the parent or legal guardian of any Family member under age 13.
- f) The Lead's payment method is used to pay for any purchase initiated by a Family member in excess of any store credit in such initiating Family member’s account.
- g) Products are associated with the account of the Family member who initiated the transaction.
- h) By inviting family members to join a family, the lead agrees that all family member purchases are authorized by and are the responsibility of the lead, even if the lead was unaware of any particular purchase, if a family member exceeded his or her authority as granted by the lead, or if multiple family members purchase the same product. The lead is responsible for compliance with any agreement with its payment method provider, and assumes all risk in the event that sharing access to such payment method limits any protection offered by the payment method provider.
- i) The Lead can change the payment method on file at any time.
- j) A record of any purchase will be sent to the initiating Family member and the Lead, even if the purchase is hidden by the Family member; please inform Afrisauti if you or your Family members do not recognize charges on your receipt or payment method statement.
- k) The Lead can use the Permission to Purchase function to require children under the age of 18 to obtain permission from the Lead, and/or other adults designated by the Lead, to download free or paid products before a purchase or download commences.
- l) If you are a Lead, you represent that you and/or any adult designate is the parent or legal guardian of any Family member for whom Permission to Purchase is activated.
- m) The Lead may remove any Family member from the Family, which will terminate that Family member's ability to initiate authorized purchases on the Lead's payment method, and that Family Member’s ability to view and share other Family members' products and information. When a Family member leaves or is removed from a Family, the remaining Family members may no longer view or download the exiting member’s products or information, or access products previously downloaded from the exiting member, including purchases made on the Lead's payment method while the exiting member was part of the Family. Similarly, if you leave a Family, you may no longer view or download the products or information of the other Family members, and products that you downloaded from other Family members while a member of the Family may no longer be accessible.
- n) Accounts for users under age 13 can only be created as part of Family Sharing, deleting such an account in order to remove it from the Family will terminate that Family member’s Afrisauti ID and his or her ability to access any Afrisauti services that require a Afrisauti ID or any content associated with that Afrisauti ID.
- o) You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the store account you associate with a Family no more than once every 90 days.
11. Electronic Contracting
Your use of Afrisauti includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this app or site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- a) to allow the Afrisauti Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service,
- b) to allow all rights access to your Device
- c) to provide advertising, payment prompts and other information to you, if you subscribe to the Free Service; and
- d) to allow our business partners to do the same.
You grant Afrisauti a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Afrisauti Service.
These Terms are not intended to grant rights to anyone except you and Afrisauti, and in no event shall these Terms create any third party beneficiary rights. Any failure by Afrisauti to enforce these Terms or any provision thereof shall not waive Afrisauti’s right to do so.
13. Licence and assignment
Afrisauti and the content provided through it are the property of Afrisauti or Afrisauti's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Afrisauti Service and to receive the media content made available through the Afrisauti Service in your country, based on the Subscription or Trial you have selected (the “Licence”). This License shall remain in effect for a period of 1 year unless terminated by you or Afrisauti.
All Afrisauti copyrights, patents, trademarks, service marks, trade names, logos, domain names, and any other features of the Afrisauti brand are the sole property of Afrisauti. This Licence does not grant you any rights to use Afrisauti copyrights, patents, trademarks, service marks, trade names, logos, domain names, or any other features of Afrisauti brand, whether for commercial or non-commercial use.
Third party software libraries included in Afrisauti Service are licensed to you under the relevant third party software library’s licence terms.
14. Third Party Applications
Afrisauti provides a platform for third party applications, websites and services to make available products and services to you (Third Party Applications). You understand and agree that Afrisauti is not responsible or liable for the behavior, features, or content of any Third Party Application.
By linking or otherwise providing access to any Third Party Applications, Afrisauti does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such applications.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Applications, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Applications.
Afrisauti disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Applications, and you hereby irrevocably waive any claim against Afrisauti with respect to the content or operation of any Third Party Applications.
15. Technology limitations and modifications
Afrisauti will make reasonable efforts to keep Afrisauti Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Afrisauti reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Afrisauti Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of Afrisauti Services or any function or feature thereof. You understand and agree that Afrisauti has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
16. Export Control
Afrisauti elects at its discretion to cease providing access to the Service in the jurisdiction where you reside or from where you are attempting to access Afrisauti.
Once your account has been terminated, any and all content in your account, or pertaining to activity from your account, will be irretrievably deleted by Afrisauti, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations. Afrisauti assumes no liability for any material that is irretrievably deleted following any termination of your account. Afrisauti is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
18. Assignment to third parties
We endeavor to provide the best service we can, but you understand and agree that THE Afrisauti SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Afrisauti SERVICE AT YOUR OWN RISK. Afrisauti DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Afrisauti does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Afrisauti Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Afrisauti is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Afrisauti Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Afrisauti shall create any warranty on behalf of Afrisauti in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Afrisauti, the Third Party Applications or the Third Party Application content is to uninstall any Afrisauti software and to stop using the AfrisautiService, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Afrisauti, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE Afrisauti SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Afrisauti HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Afrisauti SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Afrisauti DURING THE PRIOR THREE MONTHS IN QUESTION.
21. Waiver and Indemnity
22. Entire agreement
24. Choice of law and mandatory arbitration
You agree that the Arbitration Act, Cap. 49 Laws of Kenya governs the interpretation and enforcement of this provision, and that you and Afrisauti are each waiving the right to a trial and the right to participate in a class or multi-party action/suit.
YOU AND Afrisauti AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with Chartered Institute of Arbitrators within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.