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The following Terms of Service (collectively with our Privacy, the “ToS”) govern your use of DFS Africa | Development Finance Summit, Africa (the “Site”) and the products, features, contents, applications and services provided by DFS Africa Limited. (together with the Site, the “Website”). You should regularly review the ToS, as they are subject to change.
All use of the Website is subject to the ToS. By accessing and using the Website, you acknowledge, accept, and agree to the ToS and all other terms, conditions, procedures and policies that may be published from time to time on the Site by us, each of which is incorporated by reference. The ToS represents a binding contract between you and DFS Africa Limited (Company number 10760175), its subsidiaries, affiliates, assignees and its and their officers, directors, employees and agents (“DFS Africa ”, “we”, “us” or “our”), and are in addition to any other agreements between you and DFS Africa , including any other agreements that govern your use of products, features, contents, applications and services available on the Website. If you are accessing the Website on behalf of another entity or individual, you represent and warrant that you have the authority to agree to the ToS on such entity’s or individual’s behalf. If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Website. DFS Africa reserves the right to change the ToS at any time without notice to you.
Use of the Website following the posting of any changes to the ToS shall be deemed to be accepted thereof by you. In the ToS, we may refer to a customer/reader/entity as “you”. You agree to keep business information and trade secrets of DFS Africa , including, but not limited to the terms and pricing set forth herein, and any user account information con dential until such information becomes known to the public generally without your fault and except to the extent that disclosure may be required by law, regulation or legal process.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that the ToS are in compliance with all laws, rules and regulations applicable to you and the right to access the Website is revoked where the ToS or use of the Website is prohibited or to the extent offering, sale or provision of the Website conflicts with any applicable law, rule or regulation. Further, the Website is offered only for your use, and not for the use or benefit of any third party.
If signing up for a newsletter, survey or creating an account on the Website if available (an “Account”), you must provide accurate and complete information and keep your Account information updated. You shall not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (c) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Website without permission. You must notify us immediately of any change in your eligibility to use the Website (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Content. The Website is designed for professionals across all sectors of the economy to be informed about our services for the purposes of general business development, seeking and managing investment or acquisition opportunities, and identifying investors and providers of capital. None of the information submitted on the Website constitutes a solicitation, offer, opinion, or recommendation by DFS Africa to buy or sell any shares or securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. DFS Africa has not made any recommendations regarding the merit of any company identified on the Website, made any recommendation regarding the purchase or sale of any shares or security, or endorsed or sponsored any company identified on the Website. For that reason all users of the Website agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into, and DFS Africa makes no representation or assurance about such compliance. As a user of the Website, you are required to provide true and accurate information about their businesses, and to update and maintain such information, but DFS Africa cannot and does not confirm the accuracy of information provided.
If DFS Africa permits you to input information into the Website, you may not (and may not permit any third party to) input any information or content that:
you know is false, misleading, untruthful or inaccurate;
is promotional in nature, including solicitations for funds or businesses, without the prior written authorization of DFS Africa ;
constitutes junk mail, spam, chain letters, pyramid schemes or the like;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, profane, hateful or is racially, ethnically or otherwise objectionable as determined by us in our sole discretion, or otherwise violates the legal rights of others;
you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party or violates any law or contractual duty;
impersonates any person or entity, including any of our employees or representatives; or
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware, or telecommunications equipment.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any Content from the Website; or (vi) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the ToS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
DFS Africa reserves the right to edit, restrict or remove any content you provide for any reason or no reason at any time. The information and materials made available through the Website may contain typographical errors or inaccuracies. In addition, DFS Africa does not control the information provided by other users that is made available through the Website.
The contents of the Website and any products or services provided or sold by DFS Africa , including the Website’s look and feel, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses, advisors, investors and lenders listed on the Website (“Content”), are the property of DFS Africa or its content suppliers, and are subject to the copyright or other intellectual property rights of DFS Africa and to the terms of licenses held by DFS Africa . Such intellectual property is protected by federal and state law.
Use License. Subject to the ToS, we grant each user of the Website a worldwide, non- exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing and using the Website. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Content and software on this Website, or of any products or services sold by DFS Africa , is strictly prohibited. You may copy information from the Website only as strictly necessary for your own use of the Website. Otherwise, no portion of the Website may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by DFS Africa . The commercial use or public dissemination of any information and data gathered from DFS Africa is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle DFS Africa to equitable relief, in addition to any other available remedies.
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that all User Content provided by you is accurate, complete, up-to- date, in compliance with all applicable laws, rules and regulations and you have all rights to provide the User Content and grant the licenses set forth in Section 6(d), to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
License Grant. By submitting any User Content to us, you grant DFS Africa a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right to use, reproduce, modify, adapt, aggregate, publish, create derivative works of, display, perform, distribute and otherwise fully exploit such User Content, in any form or medium known or later developed (including, without limitation, third party websites and feeds), in furtherance of our (and our successors’ and assigns’) businesses, the terms of the ToS and the actions and transactions contemplated hereby, including after the termination of your Account or the Website. You also hereby do and shall grant each user of the website and/ or the Website a non-exclusive, perpetual license to access your User Content through the website and/or the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after the termination of your Account or the Website. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You agree that you will abide by and maintain all and will not and will not allow others to delete or alter, information, restrictions, author attributes or copyright notices contained in any Content accessed through the Website . Nothing on the Website or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Website without the written permission of DFS Africa or the third party owner of the mark.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. DFS Africa reserves the right, in its sole discretion, to (i) remove, edit or modify any Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such Content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated the ToS), for no reason at all and (ii) to remove or block any Content from the Website.
Copyright Infringement. If you believe that any material contained in the Website infringes your intellectual property, you should notify DFS Africa of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to legal@DFS Africa .capital. To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for DFS Africa to locate the material; contact information of the notifying party, such as address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
DFS Africa uses email to communicate with users. You hereby authorize and agree that DFS Africa may communicate with you via email and you consent to receiving and giving any notice required under the ToS or any other agreement with DFS Africa via email. DFS Africa will use reasonable efforts to honour any request you may have to opt out from receiving emails, but under no circumstance will DFS Africa have any liability for sending any email to you or to any of its customers. Electronic notices should be sent to legal@DFS Africa .net.
Certain portions of the Website, including, without limitation, information on certain private companies, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and DFS Africa may not monitor, does not control and does not investigate or validate such Third Party Content; provided that DFS Africa reserves the right at all times (but will not have an obligation) to remove any Third Party Content.
By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that DFS Africa makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. The Third Party Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Third Party Content.
Paid Services. Certain services on the Website may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of the ToS.
Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Website (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to any terms, conditions and privacy policies of such a Payment Processor in addition to the ToS. We are not responsible for error by a Payment Processor.
By choosing to use Paid Services, you agree to pay us, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, to charge or have the Payment Processor charge, your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the nancial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Website. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any material downloaded, accessed or otherwise obtained through the Website is obtained 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 therefrom. Except as expressly set forth herein, DFS Africa and all of its third-party licensors expressly disclaim any and all warranties and representations, express or implied, including any (i) Warranties of title, non-infringement, merchantability or fitness for a particular purpose or use as to the website, including the content, information, data, software, or products contained therein, or the results obtained by their use or as to the performance thereof, (ii) Warranties or conditions arising through course of dealing, course of performance or usage of trade, and (iii) Warranties or conditions of uninterrupted or error-free access to or use of the website. DFS Africa provides the website and all components thereof are provided on an “AS IS” basis and your use of the website is at your own risk. DFS Africa makes no guarantees or warranties of any kind as to the security, adequacy, completeness, sufficiency, timeliness or accuracy of any content or material available in or through the website, that any defects or errors will be corrected, or that any content or software available at or through the website is free of viruses or other harmful components. You hereby agree that any monetary claims of any kind assessed against DFS Africa or its directors, employees, agents, partners, suppliers or content providers arising out of or relating to the use of the website shall not exceed (in aggregate) of the greater of (i) The total amount you (or any other user) paid to dfs africa for the website during the previous twelve (12) months or (ii) £200. In no event shall DFS Africa or its directors, employees, agents, partners, suppliers or content providers be liable to you, or to any third party, for any lost profits, data loss, cost of procurement of substitute goods or services, or incidental, consequential, punitive, special, compensatory or indirect damages of any kind whatsoever (however arising), even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability, negligence or otherwise. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DFS Africa cannot and does not guarantee continuous, uninterrupted or secure access to the website.
You agree to indemnify and hold harmless DFS Africa , our affiliates and each of our and their respective officers, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your Account or identity in the Website) use or misuse of the Website, breach of the ToS or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
You will resolve any claim, cause of action or dispute (together a “claim”) you have with DFS Africa arising out of or relating to the Website or the ToS exclusively in London where you agree that the courts of England and Wales shall have exclusive jurisdiction. The laws of England and Wales will govern the ToS, as well as any claim that may arise between you and DFS Africa , without regard to conflict of law principles. In any dispute arising under the ToS, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Website or the ToS must be led within one (1) year after such claim of action arose or be forever banned.
This section will survive the termination of your relationship with us.
When you announce closed transactions via your website or press release or other broad disclosure methods, DFS Africa may disseminate its own release to its constituents indicating the use of the Website in association with said transaction. DFS Africa may add your entity’s name to DFS Africa ’s Member roster, which is professionally presented from time to time on its website and in marketing materials.
The ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter herein (excluding the terms and conditions of any client agreement you may have entered into separately with DFS Africa ). We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. You may not assign the ToS, or assign, transfer or sublicense your rights, if any, in the Website. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. A failure to act with respect to a breach by you or others does not waive DFS Africa ’s right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of the ToS shall be held to be void or unenforceable, the remaining provisions of the ToS (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against DFS Africa or its supplier or affiliates with respect to the ToS you should immediately refrain from using the Website. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect.
We make no warranties that materials on DFS Africa are appropriate or available for use in locations outside the U.K. and the European Economic Area. If it is illegal or prohibited in your country of origin to access or use DFS Africa , then you should not do so. Those who choose to access DFS Africa outside the U.K. and the European Economic Area do so on their own initiative and are responsible for compliance with all local laws and regulations
You may contact us at the following address: Albert House. 256 -260 Old St, London EC1V 9DD
Effective Date of ToS: 07 May 2021