Terms & Conditions
This Privacy Policy was last updated on 23 November 2023
These Terms govern your access to and use of AfriVest Token (Pty) Ltd. See also the Privacy Policy and Disclaimer.
AfriVest Token (Pty) Ltd vicariously through the AfriVest Internet website located at https://www.afrivest.org (the “Site” and collectively, “AfriVest”, “us”, “our”, or “we”) provides the AfriVest software program (“AfriVest”), which allows users to create content, manage content and transact on a private software application, to send and receive content via messaging service, to process payments as well as documentation relating to AfriVest (all of the foregoing, the “Services”) through the Site and related subdomains. These Terms of Service (the “Terms”) govern your access and use of the Services and the Site.“You” or “Your” means a user of the Services or the Site.
Please read these Terms carefully. These Terms govern your access to and use of the Services and Site. By using any of the Services or visiting the Site, you signify your assent to both these Terms and our Privacy Policy, a current version of which is available at https://www.afrivest.org/legal/privacy-policy/ and which may be modified from time to time at our sole discretion. Changes may be made to these Terms from time to time. Your continued use of the Site will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site or Services.
01 Use of Site & Services
Subject to the terms and conditions set forth herein, you may access and use the Site and Services for your personal or internal business use only (i.e. you are not permitted to sell, lease, sublicense or to otherwise make the Services or any of them available to any third party other than to your clients for their personal use only). You acknowledge that AfriVest may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services or modify or delete any content available through the Site or the Services, at any time without notice. Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) any information you submit to us as part of using the Services is truthful and accurate; (b) where possible you will maintain the accuracy of such information; (c) you are at least 18 years of age or, if higher, the age of majority in your jurisdiction; and (d) your use of the Site or Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party.
02 Registration/Security Issues
In order to use AfriVest, you must download the software provided to you by AfriVest Token (Pty) Ltd.
AfriVest Token (Pty) Ltd reserves the right to refuse to allow a user to download AfriVest, or to use any other service offered by AfriVest Token (Pty) Ltd from time to time, for any reason, or to add any other limitations on the use of its Services, all at AfriVest Token (Pty) Ltd’ sole discretion.
AfriVest Token (Pty) Ltd has no responsibility for AfriVest currently offered for download and/or for any other software which may be offered by AfriVest Token (Pty) Ltd from time to time, including without limitations for any relevant registration process of such software, the information requested as part of such process, etc. In addition, AfriVest Token (Pty) Ltd shall not be responsible and will not be held liable for any damage or loss incurred by or in connection with the use of such software.
While using the Services you must provide AfriVest Token (Pty) Ltd with truthful and accurate information, and where possible you must keep such information up-to-date. You shall not use the Services or any part thereof, including without limitations, to use AfriVest, under a false identity or information, or on behalf of someone other than yourself or any person or entity who provided you with express permission to use the Services on their behalf. AfriVest Token (Pty) Ltd will not be responsible for any communications you do not receive or any other damages or costs incurred by you as a result of you breaching these undertakings.
You should not reveal your private information to third parties. By disclosing your private key(s) to third parties you jeopardize the security of your AfriVest account. You are responsible for keeping your password and any other information secure. You are fully and solely responsible for the security of your computer system and all activity in AfriVest, even if such activities were not committed by you. AfriVest Token (Pty) Ltd will not be liable for any losses or damage arising from unauthorized use of AfriVest or any password, and you agree to indemnify and hold AfriVest Token (Pty) Ltd harmless for any improper or illegal use of AfriVest. This includes illegal or improper use by someone to whom you have given permission to use AfriVest.
03 AfriVest Assets
The following terms and conditions shall govern the use of AfriVest:
AfriVest Transactions: AfriVest Token (Pty) Ltd makes no representations and is not responsible for any issues arising between you and any of your clients or other third parties with whom you engage in AfriVest transactions. AfriVest Token (Pty) Ltd is not liable for any correspondence, transfer of information, transfer of assets, transaction, agreement, understanding, payment, dispute or any other action, either written, oral or otherwise, between you and any third party, either related to the Site, Services, AfriVest or otherwise, and shall not be liable for any damage or loss incurred by either party with respect to the foregoing.
Other Legal Requirements: The Site and Services are not designated for the bypass or otherwise replacement of any external legal and regulatory requirements governing the registration or transfer of any Assets, including without limitations, any securities laws, liquidation and bankruptcy laws, real estate laws, etc. as may be applicable from time to time in your jurisdiction. AfriVest Token (Pty) Ltd does not warrant that AfriVest transaction will enable the legal transfer of any real asset from one person to another person to the extent that such transfer is conditioned upon any legal or regulatory procedures, approvals, permits, registrations or other requirements. Therefore, AfriVest Token (Pty) Ltd is not liable for any damages or expenses which you or your clients (or any third party engaged in an Asset Transaction) may incur using the Services or AfriVest. You agree to comply and to be solely liable to assure compliance by your clients with all applicable laws and regulation including, without limitation, any anti-money laundering laws, consumer protection laws and tax laws and regulations as shall be from time to time. You further acknowledge that AfriVest Token (Pty) Ltd makes no representation and is not responsible for any proof of ownership of any AfriVest asset and will not be liable for any loss or damage incurred from the above.
Your Liability Towards Third Parties: You hereby acknowledge and agree to be solely liable for any issues related to your engagement with clients or other third parties in relation to your use of the Site and Services. Among others, you shall be solely liable for any payments required to be made to such third parties and you shall indemnify AfriVest Token (Pty) Ltd for any damages incurred by it in connection with the above, including, without limitations, in connection with any claims by such third parties.
Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.
You agree to defend AfriVest Token (Pty) Ltd, our affiliates, and their respective employees, agents, and service providers (each an “AfriVest Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against an AfriVest Entity, and you agree to fully reimburse the AfriVest Entities for any Claims that results from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Payment Processing Services; (iii) negligent or wilful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and Customers.
Important Note for Sole Proprietors: If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, Payment of Fees, Refunds, Reversals, Fines, losses based on Disputes or Fraud, or for any other amounts you owe under this Agreement for your failure to use Security Controls, and for all other obligations to us and to your Customers. You risk personal financial loss if you fail to pay any amounts owed. Please take the time to read our Documentation and take any measures appropriate to protect against such losses.
Disclaimer of Warranties: WITHOUT DEROGATING FROM THE PROVISIONS OF SECTION 10 HEREIN, YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF AFRIVEST IS AT YOUR SOLE RESPONSIBILITY AND RISK, AND THAT AFRIVEST IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFRIVEST TOKEN (PTY) LTD AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AFFILIATES (“AFRIVEST RELATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO AFRIVEST, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AfriVest may be inappropriate for your particular circumstances. Furthermore, juristic laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions.
No Liability: WITHOUT DEROGATING FROM THE PROVISIONS OF SECTION 11 HEREIN, IN NO EVENT WILL AFRIVEST TOKEN (PTY) LTD BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE AFRIVEST, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.